185Obligations of a supplier in relation to a recall notice

185 Obligations of a supplier in relation to a recall notice

Scope (1) This section applies if a recall notice for equipment requires a supplier to take action of a kind referred to in paragraph 184(1)(c). Obligations—repair or modify (2) If: (a) the recall notice was issued under subsection 183(1); and (b) the supplier undertakes to repair or modify the equipment; the supplier must cause the equipment to be repaired or modified so that: (c) a reasonably foreseeable use or misuse of the equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; and (d) the equipment is not covered by an interim ban, or a permanent ban, that is in force. (3) If: (a) the recall notice was issued under subsection 183(2); and (b) the supplier undertakes to repair or modify the equipment; the supplier must cause the equipment to be repaired or modified so that: (c) the equipment would not be likely to have an adverse effect on radiocommunications; and (d) the equipment is not covered by an interim ban, or a permanent ban, that is in force. (4) If: (a) the recall notice was issued under subsection 183(3); and (b) the supplier undertakes to repair or modify the equipment; the supplier must cause the equipment to be repaired or modified so that: (c) radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would not be likely to adversely affect the health or safety of individuals; and (d) the equipment is not covered by an interim ban, or a permanent ban, that is in force. Obligations—replacement (5) If: (a) the recall notice was issued under subsection 183(1); and (b) the supplier undertakes to replace the equipment; the supplier must replace the equipment with similar equipment that satisfies the following conditions: (c) a reasonably foreseeable use or misuse of the similar equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; (d) the similar equipment is not covered by an interim ban, or a permanent ban, that is in force. (6) If: (a) the recall notice was issued under subsection 183(2); and (b) the supplier undertakes to replace the equipment; the supplier must replace the equipment with similar equipment that satisfies the following conditions: (c) the similar equipment would not be likely to have an adverse effect on radiocommunications; (d) the similar equipment is not covered by an interim ban, or a permanent ban, that is in force. (7) If: (a) the recall notice was issued under subsection 183(3); and (b) the supplier undertakes to replace the equipment; the supplier must replace the equipment with similar equipment that satisfies the following conditions: (c) radio emissions resulting from a reasonably foreseeable use (including a misuse) of the similar equipment would not be likely to adversely affect the health or safety of individuals; (d) the similar equipment is not covered by an interim ban, or a permanent ban, that is in force. (8) If the supplier undertakes: (a) to repair or modify the equipment; or (b) to replace the equipment; the cost of the repair, modification or replacement, including any necessary transportation costs, must be paid by the supplier.