Schedule 2, section 122 - Competition and Consumer Act 2010 - Compulsory recall of consumer goods

Sch 2 s 122Compulsory recall of consumer goods

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122 Compulsory recall of consumer goods

(1) A responsible Minister may, by written notice published on the internet, issue a recall notice for consumer goods of a particular kind if:

(a) a person, in trade or commerce, supplies consumer goods of that kind; and

(b) any of the following applies:

(i) it appears to the responsible Minister that such goods will or may cause injury to any person;

(ii) it appears to the responsible Minister that a reasonably foreseeable use (including a misuse) of such goods will or may cause injury to any person;

(iii) a safety standard for such goods is in force and the goods do not comply with the standard;

(iv) an interim ban, or a permanent ban, on such goods is in force; and

(c) it appears to the responsible Minister that one or more suppliers of such goods have not taken satisfactory action to prevent those goods causing injury to any person.

(2) It is not necessary for the purposes of subsection (1)(c) for the responsible Minister to know the identities of any of the suppliers of the consumer goods of that kind.

(3) A recall notice for consumer goods may be issued under subsection (1) even if the consumer goods have become fixtures since the time they were supplied.