Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:212:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 212 (pt 1/2)
Character Range: 285242–287887

212  Notification requirements for a voluntary recall of road vehicles or approved road vehicle components
 (1) This section applies where a person voluntarily takes action to recall road vehicles or approved road vehicle components of a particular kind in circumstances covered by this Division.

Giving notice of recall action
 (2) The person must, within 2 days after taking the action, give the Minister a written notice that complies with subsection (7).
Note: A person may commit an offence or contravene a civil penalty provision if the person does not give the notice to the Minister (see section 40 of the Act).
 (3) The Minister may publish a copy of the notice on the internet.
 (4) A person who has supplied or supplies a road vehicle or approved road vehicle component 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 road vehicle or approved road vehicle component 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 Minister.
Note: A person may commit an offence or contravene a civil penalty provision if the person does not give a copy of the notice to the Minister (see section 40 of the Act).
 (7) A notice given under subsection (2) or (4) must:
 (a) state that the road vehicles or approved road vehicle components are subject to recall; and
 (b) if the road vehicles or approved road vehicle components 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 road vehicles or approved road vehicle components is dangerous—set out the circumstances of that use or misuse; and
 (d) if the road vehicles or approved road vehicle components were recalled on the basis of one of the matters set out in subsection 211(3) or (4):
 (i) identify the standards with which the road vehicles or components do not comply, or it is likely that they do not comply; and
 (ii) set out the nature of the non‑compliance or likely non‑compliance with those standards.

Interaction with the Australian Consumer Law
 (8) A person is taken to give notice under subsection (2) in relation to road vehicles or approved road vehicle components of a particular kind if:
 (a) the person is required to give notice under that subsection; and
 (b) the person has already given notice under subsection 128(2) of the Australian Consumer Law in