Section 124 — Competition and Consumer Act 2010: Obligations of a supplier in relation to a recall notice

(1) This section applies if a recall notice for consumer goods requires a supplier to take action of a kind referred to in section 123(1)(c). (2) If the supplier undertakes to repair the consumer goods, the supplier must cause the goods to be repaired so that: (a) any defect in the goods identified in the recall notice is remedied; and (b) if a safety standard for the goods is in force—the goods comply with that standard. (3) If the supplier undertakes to replace the consumer goods, the supplier must replace the goods with similar consumer goods which: (a) if a defect in, or a dangerous characteristic of, the goods to be replaced was identified in the recall notice—do not contain that defect or have that characteristic; and (b) if a safety standard for the goods to be replaced is in force—comply with that standard. (4) If the supplier undertakes: (a) to repair the consumer goods; or (b) to replace the consumer goods; the cost of the repair or replacement, including any necessary transportation costs, must be paid by the supplier.