Northern Territory Consolidated Acts

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CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 33

Power of Minister to require product recall, &c.

33. Power of Minister to require product recall, &c.

(1) The Minister may, by notice in the Gazette , require a supplier of defective goods to do any one or more of the following in the manner and within the period specified in the notice:

(a) recall the goods;

(b) disclose to the public, or to a class or description of persons specified in the notice, any of the following:

(i) the nature of any defect in or dangerous characteristic of the goods identified in the notice;

(ii) the circumstances in which the use of the goods is dangerous; or

(iii) procedures for disposing of the goods;

(c) notify the public, or a class or description of persons specified in the notice, that the supplier undertakes to do, within a period specified in the notice, whichever of the following the supplier considers appropriate:

(i) except where the notice discloses a dangerous characteristic of the goods repair the goods;

(ii) replace the goods; or

(iii) refund the price of the goods to a person to whom the goods were supplied (whether by the supplier or by some other person).

(2) The reference in subsection (1) to defective goods is a reference to goods which:

(a) do not comply with a product safety standard applicable to the goods; or

(b) are the subject, or belong to a class or description of goods which are the subject, of an investigation undertaken by the Commissioner pursuant to section 28 or of a notice in force under section 30.



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