Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_128
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 128
Character Range: 208288–210585

128  Notification requirements for a voluntary recall of consumer goods

 (1) This section applies if a person voluntarily takes action to recall consumer goods of a particular kind (including consumer goods that have become fixtures since being supplied) because:
 (a) the consumer goods will or may cause injury to any other person; or
 (b) a reasonably foreseeable use (including a misuse) of the consumer goods will or may cause injury to any other person; or
 (c) a safety standard for the consumer goods is in force and they do not, or it is likely that they do not, comply with the standard; or
 (d) an interim ban, or a permanent ban, on the consumer goods is in force.

 (2) The person must, within 2 days after taking the action, give the Commonwealth Minister a written notice that complies with subsection (7).

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (3) The Commonwealth Minister may publish a copy of the notice on the internet.

 (4) A person who has supplied or supplies consumer goods of that kind to another person outside Australia must give the other person a written notice that complies with subsection (7).

 (5) The notice under subsection (4) must be given as soon as practicable after the supply of the consumer goods to the person outside Australia.

 (6) A person who is required to give a notice under subsection (4) must, within 10 days after giving the notice, give a copy of the notice to the Commonwealth Minister.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (7) A notice given under subsection (2) or (4) must:
 (a) state that the consumer goods are subject to recall; and
 (b) if the consumer goods contain a defect or have a dangerous characteristic—set out the nature of that defect or characteristic; and
 (c) if a reasonably foreseeable use or misuse of the consumer goods is dangerous—set out the circumstances of that use or misuse; and
 (d) if the consumer goods do not, or it is likely that they do not, comply with a safety standard for the goods that is in force—set out the nature of the non‑compliance or likely non‑compliance; and
 (e) if an interim ban, or a permanent ban, on the consumer goods is in force—state that fact.

Division 4—Safety warning notices