38Compliance with recall notices

38 Compliance with recall notices

(1) A person contravenes this subsection if: (a) a recall notice for road vehicles or approved road vehicle components is in force; and (b) the notice requires the person to do one or more things; and (c) the person refuses or fails to comply with the notice. (2) A person contravenes this subsection if: (a) a recall notice for road vehicles or approved road vehicle components is in force; and (b) the person, in trade or commerce: (i) if the notice identifies a defect in, or a dangerous characteristic of, the vehicles or components—supplies vehicles or components of the kind to which the notice relates which contain that defect or have that characteristic; or (ii) in any other case—supplies vehicles or components of the kind to which the notice relates. Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).

Penalty:

(a) if the person is a body corporate—5,250 penalty units; or
(b) if the person is not a body corporate—1,050 penalty units.

Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty:

(a) if the person is a body corporate—5,250 penalty units; or
(b) if the person is not a body corporate—1,050 penalty units.