Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_199
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 199
Character Range: 292319–293343

199  Compliance with recall orders

 (1) A person commits an offence if:
 (a) a recall notice for consumer goods is in force; and
 (b) the notice requires the person (other than the regulator) to do one or more things; and
 (c) the person refuses or fails to comply with the notice.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (2) A person commits an offence if:
 (a) a recall notice for consumer goods is in force; and
 (b) the person, in trade or commerce:
 (i) if the notice identifies a defect in, or a dangerous characteristic of, the consumer goods—supplies consumer goods of the kind to which the notice relates which contain that defect or have that characteristic; or
 (ii) in any other case—supplies consumer goods of the kind to which the notice relates.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (3) Subsections (1) and (2) are offences of strict liability.