Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_11:p1
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 11 (pt 1/3)
Character Range: 43729–46748

11  Record keeping and reporting
         (1)           A Supplier must track and keep records of the following:
(a)           the Supplier's compliance with this Recall Notice;
(b)           the Supplier's recall and replacement rates, with data recorded in a way to inform the reports required in Schedule 1;
(c)           reports of any misdeployment of an Affected Takata Airbag Inflator in a Consumer Good supplied by the Supplier, including full details regarding the facts and circumstances of the incident and those person(s) involved;
(d)           reports of any injury or death that  anyone associates with misdeployment of an Affected Takata Airbag Inflator in a Consumer Good supplied by the Supplier, including full details regarding the facts and circumstances of the incident and those person(s) involved;
(e)           complaints from Consumers in respect of an Affected Takata Airbag Inflator in a Consumer Good supplied by the Supplier, or in respect of the Supplier's recall campaign, identified by issue and by location (State or Territory), and with information on how each complaint has been managed;
(f)            where all replacement parts needed to complete the replacement of all Affected Takata Airbag Inflators are not yet available, the status of availability of those parts and possible additional measures the Supplier can implement to improve part availability;
(g)           replacement workshop capacity and progress in improving it, if needed; and
(h)           the information required to be reported in accordance with Schedule 1.
         (2)           The ACCC may request a Supplier provide it with any records required to be held pursuant to subsection 11(1). A Supplier must provide the documents requested within 10 business days of receiving such a request.
         (3)           Where the data collected under the requirements in subsection 11(1) includes reports from person(s) regarding misdeployment, injury, death, or complaints), the Supplier must obtain the name and contact details of persons involved in the reported incident or complaint, and persons providing information, and the Supplier must seek consent from those persons to provide their name and contact details to the ACCC. Where the Supplier receives consent, the Supplier must provide the name and contact details of those persons to the ACCC as part of relevant reporting requirements.
         (4)           Where data collected under the requirements of subsection 11(1) includes information regarding a person who has advised the Supplier that they do not wish to have their Vehicle's Affected Takata Airbag replaced, the Supplier must seek consent from that person to provide their name and contact details to the ACCC. Where the Supplier receives consent, the Supplier must provide the names and contact details of those persons and the relevant Vehicle.  Where those person(s) do not consent to their name and contact details being provided to the ACCC, the Supplier must provide the ACCC with