Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_127
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 127
Character Range: 206881–208288

127  Compliance with recall notices

 (1) If:
 (a) a recall notice for consumer goods is in force; and
 (b) the notice requires a person (other than the regulator) to do one or more things;
the person must comply with the notice.

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

 (2) If a recall notice for consumer goods is in force, a person must not, in trade or commerce:
 (a) if the notice identifies a defect in, or a dangerous characteristic of, the consumer goods—supply consumer goods of the kind to which the notice relates which contain that defect or have that characteristic; or
 (b) in any other case—supply consumer goods of the kind to which the notice relates.

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

 (3) If:
 (a) a person contravenes subsection (1) or (2) in relation to consumer goods; and
 (b) another person suffers loss or damage:
 (i) because of a defect in, or a dangerous characteristic of, the goods; or
 (ii) because of a reasonably foreseeable use (including a misuse) of the goods; or
 (iii) because, contrary to the recall notice, the other person was not provided with particular information in relation to the goods;
the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of the contravention.

Subdivision B—Voluntary recall of consumer goods