Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_7:p1
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 1/3)
Character Range: 23416–26423

7  Notification of Consumers

Communication and Engagement Plan
         (1)           A Supplier must develop and implement a Communication and Engagement Plan for contacting, communicating with, and engaging with Consumers, and for maximising rates of replacement of Affected Takata Airbag Inflators under this Recall Notice.  In particular:
(a)           a Supplier that falls within (a) and (b) of the definition of Supplier must develop and implement a Communication and Engagement Plan which, at a minimum, addresses the requirements in Schedule 2;
(b)           a Supplier that falls within (c) of the definition of Supplier must develop and implement a Communication and Engagement Plan that adopts some or all of the measures outlined in Schedule 2 as are reasonable and appropriate for the circumstances of the Supplier.
         (2)           Each Supplier must submit a Communication and Engagement Plan to the ACCC within one month of the commencement of this Recall Notice.
         (3)           Where this Recall Notice requires specified language for specified communications, that language must be used.
         (4)           If the ACCC considers that a Communication and Engagement Plan submitted pursuant to this section is inadequate, then the ACCC will propose improvements to the Plan and the Supplier must submit a revised Plan within 5 business days of receipt of the ACCC's proposed improvements, or by some other date if agreed by the ACCC.  The ACCC will consider the revised Plan and if it still considers that the Plan is inadequate, then the ACCC will propose further improvements to the Plan, and the Supplier must submit a further revised Plan within 5 business days of receipt of the ACCC's proposed improvements.  If the ACCC considers that the second revised Plan is inadequate, then the ACCC will specify the required communications and Consumer engagement to be undertaken by the Supplier.
         (5)           If a Supplier wishes to amend an approved Communication and Engagement Plan, then it must notify the ACCC and seek ACCC approval of the proposed amendments to the Plan.  The ACCC will apply the same process as that set out in subsection 7(4) for assessment and approval (or specification, as applicable) of any amended Plan.
         (6)           The ACCC will have regard to the following matters when assessing the adequacy of a Plan, any proposed amendments to a Plan and prescribing a Plan for a Supplier:
(a)           the Supplier's submissions in respect of the Plan;
(b)           the communications and engagement activities already undertaken by the Supplier under Vehicle recalls commenced prior to the commencement of this Recall Notice;
(c)           the Supplier's relevant Supply Profile;
(d)           the Supplier's replacement rates of Vehicles already recalled (if any), and replacement capacity;
(e)           the matters set out in Schedule 2 to this Recall Notice;
(f)            for amendments, any relevant reports or information