Australian Consumer Law prohibits the supply of goods to which a recall notice relates and is in force. To do so may incur financial and other penalties under the law. The Competition and Consumer Act 2010 - Schedule 2 The Australian Consumer Law, Division 3 deals with recall of consumer goods. Click here to go to the legislation.
Takata Recall Notice
On 28 February 2018 the Assistant Minister to the Treasurer, the Hon Michael Sukkar issued a compulsory recall for all vehicles with defective Takata airbags, following an ACCC safety investigation. Click here to see the Notice.
The compulsory recall applies to all vehicles that are subject to existing Takata voluntary recalls, and approximately 1.3 million additional vehicles that have not been voluntarily recalled.
The compulsory recall requires suppliers of vehicles with defective Takata airbags to replace all defective Takata airbags in Australian vehicles by 31 December 2020 (or later in some instances if approved by the ACCC).
Suppliers of spare parts also have obligations under the Recall Notice to identify and remove Affected Takata Airbag Inflators from the spare parts market. If you are a supplier of spare parts, you must ensure that you comply with these obligations or you may face financial and other penalties for contravening the Australian Consumer Law.
The Australian Competition and Consumer Commission (ACCC) have issued a Guidance for Suppliers of Spare Parts with more information. Click here to see the Guidance.