Section 123 — Competition and Consumer Act 2010: Contents of a recall notice

(1) A recall notice for the consumer goods may require one or more suppliers of the goods, or (if no such supplier is known to the responsible Minister who issued the notice) the regulator, to take one or more of the following actions: (a) recall the goods; (b) disclose to the public, or to a class of persons specified in the notice, one or more of the following: (i) the nature of a defect in, or a dangerous characteristic of, the goods as identified in the notice; (ii) the circumstances as identified in the notice in which a reasonably foreseeable use or misuse of the goods is dangerous; (iii) procedures as specified in the notice for disposing of the goods; (c) if the identities of any of those suppliers are known to the responsible Minister—inform the public, or a class of persons specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate: (i) unless the notice 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) The recall notice may specify: (a) the manner in which the action required to be taken by the notice must be taken; and (b) the period within which the action must be taken. (3) If the recall notice requires the regulator to take action to recall the consumer goods, the responsible Minister may specify in the notice that the regulator must retain, destroy or otherwise dispose of the goods. (4) If the recall notice requires a supplier of the consumer goods to take action of a kind referred to in subsection (1)(c), the responsible Minister may specify in the notice that, 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 a refund may be reduced by the supplier by an amount calculated in a manner specified in the notice that is attributable to the use which a person has had of the goods.