Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:206:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 206 (pt 1/3)
Character Range: 271038–273657

206  Compulsory recall of road vehicles or approved road vehicle components
 (1) The Minister may, by legislative instrument, issue a recall notice for road vehicles or approved road vehicle components of a particular kind if:
 (a) a person, in trade or commerce, supplies vehicles or components of that kind; and
 (b) subsection (3), (4), (6) or (7) applies; and
 (c) where subsection (4), (6) or (7) applies—it appears to the Minister that the non‑compliance is of a substantive nature; and
 (d) it appears to the Minister that one or more suppliers of such vehicles, or such components, have not taken satisfactory action to:
 (i) prevent those vehicles or components causing injury to any person; or
 (ii) where subsection (4), (6) or (7) applies—rectify the non‑compliance.
 (2) It is not necessary for the purposes of paragraph (1)(d) for the Minister to know the identities of any of the suppliers of the road vehicles or approved road vehicle components of that kind.
Note: Section 209 affects the meaning of supplier in this section.

Vehicles or components will or may cause injury
 (3) This subsection applies if it appears to the Minister that:
 (a) a road vehicle or approved road vehicle component of a particular kind will or may cause injury to any person; or
 (b) a reasonably foreseeable use (including a misuse) of such a vehicle or component will or may cause injury to any person.

Vehicles or components do not comply with national road vehicle standards
 (4) This subsection applies if it appears to the Minister that a road vehicle or approved road vehicle component of a particular kind does not, or it is likely that it does not, comply with the applicable national road vehicle standards.
 (5) Without limiting subsection (4), that subsection applies if it appears to the Minister that:
 (a) where a vehicle of a particular kind was entered on the RAV via the type approval pathway on the basis that it complied, to a certain extent, with the applicable national road vehicle standards—such a vehicle does not, or it is likely that it does not, comply to that extent with those standards as in force at the time it was entered on the RAV; or
 (b) where a road vehicle of a particular kind was entered on the RAV via the concessional RAV entry approval pathway on the basis that it complied, to a certain extent, with the applicable national road vehicle standards—such a vehicle does not, or it is likely that it does not, comply to that extent with those standards as in force at the time it was entered on the RAV; or
 (c) where a road vehicle component type approval was granted in respect