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Electrical Safety Act 2002
sec.40JNature of recall order
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### sec.40J Nature of recall order
The recall order must state—
the reasons for the recall of the electrical equipment from use; and
what the responsible person must do to recall the electrical equipment from use including, but not limited to, the following—
the way in which, and the period for which, the responsible person must inform other persons about the electrical risk;
the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk;
the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe;
the information the responsible person must give to the regulator about the progress of the recall.
The responsible person is liable for any cost incurred in relation to complying with the recall order, including costs incurred by a supplier giving reasonable help in relation to the recall order under section 40K .
The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister.
Subsection (3) does not prevent a further recall order being made for the same electrical equipment to which the recall order applied while it was in force.
s 40J (prev s 40D) ins 2009 No. 38 s 5
renum 2011 No. 18 s 357 (2)
amd 2011 No. 18 ss 357 (4) , 404 sch 4 pt 1
(sec.40J-ssec.1) The recall order must state— the reasons for the recall of the electrical equipment from use; and what the responsible person must do to recall the electrical equipment from use including, but not limited to, the following— the way in which, and the period for which, the responsible person must inform other persons about the electrical risk; the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk; the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe; the information the responsible person must give to the regulator about the progress of the recall.
(sec.40J-ssec.2) The responsible person is liable for any cost incurred in relation to complying with the recall order, including costs incurred by a supplier giving reasonable help in relation to the recall order under section 40K .
(sec.40J-ssec.3) The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister.
(sec.40J-ssec.4) Subsection (3) does not prevent a further recall order being made for the same electrical equipment to which the recall order applied while it was in force.
- (a) the reasons for the recall of the electrical equipment from use; and
- (b) what the responsible person must do to recall the electrical equipment from use including, but not limited to, the following— (i) the way in which, and the period for which, the responsible person must inform other persons about the electrical risk; (ii) the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk; (iii) the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe; (iv) the information the responsible person must give to the regulator about the progress of the recall.
- (i) the way in which, and the period for which, the responsible person must inform other persons about the electrical risk;
- (ii) the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk;
- (iii) the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe;
- (iv) the information the responsible person must give to the regulator about the progress of the recall.
- (i) the way in which, and the period for which, the responsible person must inform other persons about the electrical risk;
- (ii) the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk;
- (iii) the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe;
- (iv) the information the responsible person must give to the regulator about the progress of the recall.