This guidance is to outline the position of the Australian Competition and Consumer Commission (ACCC) on compliance and enforcement under the compulsory Takata airbag recall with respect to written-off vehicles under active recall.
Under the Recall Notice, a supplier is the first person to supply a vehicle with an Affected Takata Airbag Inflator into Australia. A supplier will usually be able to contact vehicle owners through the supplier’s dealer network.
Auction houses must ensure that they comply with their obligations under the Takata Recall Notice when they are considered to be supplying the vehicle or they may face financial penalties for contravening the Australian Consumer Law (ACL).
The ACCC performs its product safety work in line with the annual priorities set by the ACCC each year. The policy also sets out the principles adopted by the ACCC for prioritising and addressing product safety risks.
Parallel, sometimes referred to as ‘grey’, importers of new and used motor vehicles in Australia have key obligations under the Recall Notice. Such importers sell legal, non-counterfeit vehicles outside normal distribution channels and may have no relationship to the producer of the vehicle.
Due to the serious safety risk, it is important that all spare parts that are, or contain, Affected Takata Airbag Inflators are identified, quarantined and ultimately destroyed and are not re-installed into vehicles
Affected Takata Airbag Inflators installed in vehicles pose a serious safety risk and it is important that this safety risk and the need for future replacement are clearly communicated to prospective purchasers of affected vehicles.
Most recall and replacement obligations in the Recall Notice are placed on vehicle manufacturers. Vehicle manufacturers may satisfy some of these obligations by work undertaken by their authorised dealer network.
Explanatory statement issued by the Hon Michael Sukkar, Assistant Minister to the Treasurer for the Consumer Goods (Motor Vehicles with Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018.