Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_186
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 186
Character Range: 121877–122887

186  Compliance with recall notices

Offence
 (1) A person commits an offence if:
 (a) a recall notice for equipment is in force; and
 (b) the notice requires the person to do one or more things; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes the notice.
Penalty: 1,000 penalty units.

Civil penalty
 (2) If:
 (a) a recall notice for equipment is in force; and
 (b) the notice requires a person to do one or more things;
the person must comply with the notice.
Civil penalty: 1,000 penalty units.
 (3) If:
 (a) a person contravenes subsection (2) in relation to equipment; and
 (b) another person suffers loss or damage:
 (i) because of a reasonably foreseeable use (including a misuse) of the equipment; or
 (ii) because, contrary to the recall notice, the other person was not provided with particular information in relation to the equipment;
the other person is taken, for the purposes of this Division, to have suffered the loss or damage because of the contravention.