Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if—
(a) a person supplies goods; and
(b) any of the following subparagraphs apply:
(i) it appears to the Minister that the goods are of a kind that will or may cause injury to someone;
(ii) a consumer product safety standard prescribed under section 28 applies to the goods and the goods do not comply with the standard;
(iii) an interim safety order under section 26, or a consumer product safety order under section 27 or 29, applies to the goods; and
(c) it appears to the Minister that the supplier has not taken satisfactory action to prevent the goods causing injury.
(2) The Minister may, by written notice, require the supplier to take action within the period specified in the notice to—
(a) recall the goods in the manner specified in the order; or
(b) disclose to the public, or to a class of persons specified in the order in the manner so specified 1 or more of the following:
(i) the nature of any defect in the goods identified in the order;
(ii) the circumstances in which the use of the goods is dangerous;
(iii) procedures for disposing of the goods; or
(c) notify the public, or a class of persons specified in the order, in the manner and within the period so specified, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:
(i) except if the order identifies a dangerous characteristic of the goods—repair the goods;
(ii) replace the goods;
(iii) refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods;
within the period specified in the order.
(3) A notice under subsection (2) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(4) If an order so provides, if—
(a) the supplier undertakes to refund the price of the goods; and
(b) a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made) acquired the goods from the supplier;
the amount of the refund may be reduced by an amount, specified in the order, that represents the use that the person has had of the goods.
(5) If a supplier undertakes to repair goods, the supplier shall cause the goods to be repaired so that—
(a) any defect in the goods identified in the order is remedied; and
(b) if there is a consumer product safety standard for goods of that kind—the goods comply with the standard.
(6) If a supplier undertakes to replace goods, the supplier shall replace the goods with like goods that—
(a) if a defect in the goods to be replaced was identified in the order—do not contain that defect; and
(b) if there is a consumer product safety standard for goods of that kind—comply with that standard.
(7) If a supplier undertakes to repair goods or replace goods, the cost of the repair or replacement, including any necessary transport costs, shall be borne by the supplier.
(8) While an order under subsection (1) is in force, a supplier of goods to which the order relates shall not—
(a) fail to comply with a requirement of, or a direction in, the order; or
(b) if the order identifies a defect in the goods—supply goods of the kind to which the order relates and that contain that defect; or
(c) in a case other than a case referred to in paragraph (b)—supply goods of the kind to which the order relates; or
(d) fail to carry out an undertaking notified by the supplier under subsection (1); or
(e) having given such an undertaking to repair or replace goods, fail to comply with subsection (5), (6) or (7), where applicable.
Maximum penalty: 200 penalty units.
(9) If goods are recalled, whether voluntarily or in accordance with an order under subsection (1), a person who has supplied any of the recalled goods to another person outside the ACT shall, as soon as practicable after the supply of those goods, give written notice to that other person—
(a) stating that the goods are subject to recall; and
(b) if the goods have a defect—stating the nature of the defect; and
(c) if the goods do not comply with a consumer product safety standard for the goods—setting out the nature of the noncompliance.
Maximum penalty: 20 penalty units.
(10) A supplier who voluntarily takes action to recall goods shall, not later than 2 days after that action is taken, give to the commissioner written notice—
(a) stating that the goods are subject to recall; and
(b) if the goods have a defect—stating the nature of the defect; and
(c) if the goods do not comply with a consumer product safety standard for the goods—setting out the nature of the noncompliance.
Maximum penalty: 20 penalty units.
(11) It is a sufficient compliance with subsection (10) if a copy of the notice relating to the goods is given under the Trade Practices Act 1974 (Cwlth), section 65R to the commissioner.