This Memorandum of Understanding (MOU) establishes a framework for cooperation and coordination between the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the department) and the Australian Competition and Consumer Commission (ACCC) in relation to the Road Vehicle Standards Act 2018 (RVS Act) and consumer product safety under Part 3-3 of the Australian Consumer Law (ACL).
The MOU covers how the agencies will work together from 1 July 2021 to:
- administer legislative responsibilities
- liaise and exchange information between the agencies
- coordinate public announcements, ministerial briefings and legislative and administrative changes.
Under the MOU, the ACCC will continue to administer the compulsory Takata airbag recall, and receive recall notices for consumer goods that are:
- vehicles that are not road vehicles (e.g. golf cart, quad bike)
- vehicle accessories (e.g. child car restraint)
- vehicle parts not supplied by vehicle manufacturers (e.g. battery supplied by an after-market auto retailer)
- caravans and campers where the safety issue relates to human occupation (e.g. stove in caravan).
The department will receive recall notices for approved road vehicle components and road vehicles (e.g. cars, caravans, motor bikes, commercial vehicles, campers, trailers) where the safety issue arises from:
- a part in the road vehicle as first supplied (e.g. engine, ignition and transmission system, braking system)
- an accessory supplied with the road vehicle at first supply (e.g. jack supplied with new cars)
- a like-for-like after-market replacement of that part or accessory in the road vehicle.