New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 35

35 Recall orders by Director-General

(1) The Director-General may, by order published in the Gazette, require the supplier of defective goods to do any one or more of the following:

(a) recall the goods in the manner, and within the period, specified in the order,

(b) disclose to the public, or to a class of persons specified in the order, in the manner and within the period so specified, any one or more of the following:

(i) the nature of any defect in, or dangerous characteristic of, 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,

(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 where 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.

(2) A recall order ceases to have effect at the end of the period of 28 days immediately following the date on which it was published in the Gazette unless the order is, before the end of that 28-day period, confirmed by the Minister by notice published in the Gazette.

(3) Subsection (2) does not apply if a request is made under section 36 for a review of the recall order.

(4) Sections 40 and 41 of the Interpretation Act 1987 apply to a recall order as if it were a statutory rule to which those sections apply.