Section 127 — Competition and Consumer Act 2010: Compliance with recall notices

(1) If: (a) a recall notice for consumer goods is in force; and (b) the notice requires a person (other than the regulator) to do one or more things; the person must comply with the notice. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (2) If a recall notice for consumer goods is in force, a person must not, in trade or commerce: (a) if the notice identifies a defect in, or a dangerous characteristic of, the consumer goods—supply consumer goods of the kind to which the notice relates which contain that defect or have that characteristic; or (b) in any other case—supply consumer goods of the kind to which the notice relates. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (3) If: (a) a person contravenes subsection (1) or (2) in relation to consumer goods; and (b) another person suffers loss or damage: (i) because of a defect in, or a dangerous characteristic of, the goods; or (ii) because of a reasonably foreseeable use (including a misuse) of the goods; or (iii) because, contrary to the recall notice, the other person was not provided with particular information in relation to the goods; the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of the contravention.