Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_9:p1
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 1/3)
Character Range: 35921–38851

9  Second-hand Vehicles
         (1)           A Supplier must develop a Second-hand Vehicle Action Plan to maximise the replacement of Affected Takata Airbag Inflators in Vehicles that have been or are being sold second-hand.  The Plan must be submitted for approval to the ACCC within two months of commencement of this Recall Notice.  The Plan must be designed to:
(a)           ensure distribution of information regarding the recall status of Vehicles in the second-hand vehicle market; and
(b)           encourage and support replacement of Affected Takata Airbag Inflators in the second-hand vehicle market, including by conducting replacement through its Dealer network.
         (2)           If the ACCC considers that a Plan submitted pursuant to this section is inadequate, then the ACCC will propose improvements to the Plan and the Supplier must submit a revised Plan within 5 business days of receipt of the ACCC's proposed improvements, or by some other date if agreed by the ACCC.  If the ACCC considers that the revised Plan is inadequate, then the ACCC will propose improvements to the revised Plan and the Supplier must submit a further revised Plan within 5 business days of receipt of the ACCC's proposed improvements, or by some other date if agreed by the ACCC.  If the ACCC considers that the further revised Plan is still inadequate, then it may either propose further changes (using the same process as above) or it may specify the required communications and replacement support to be undertaken by the Supplier.
         (3)           The ACCC will have regard to the following matters when assessing the adequacy of a submitted Plan or prescribing a Plan for a Supplier pursuant to subsections 9(1) and (2):
(a)           the Supplier's relevant Supply Profile,
(b)           any prior relevant communications to the second-hand Vehicle market; and
(c)           any other relevant factors (including the size and resources of the Supplier).
         (4)           A person who, in trade or commerce, supplies second-hand vehicles, including a Dealer, must:
(a)           check the VIN and other recall information for each second-hand vehicle in its possession, power or control and intended for supply, including by using Recall Databases and Recall Initiation Schedules provided by Suppliers (including on Supplier webpages or otherwise) to ascertain whether the vehicle is under active recall (or is scheduled for future recall) by a Supplier in relation to an Affected Takata Airbag Inflator;
(b)           not supply any Vehicle under active recall by a Supplier in relation to an Affected Takata Airbag Inflator;
(c)           prior to supply of a Vehicle that is not under active recall but which is identified by a Supplier as subject to future recall in the Supplier's Recall Initiation Schedule or is otherwise believed or known by the person to have an Affected Takata Airbag Inflator and