The Assistant Minister to the Treasurer, the Hon Michael Sukkar, has issued a compulsory recall notice for vehicles and spare parts that contain Affected Takata Airbag Inflators.
The Consumer Goods (Motor Vehicles with Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 affects vehicles fitted with Takata airbag inflators that use phase stabilised ammonium nitrate (PSAN) propellant without desiccant or with a calcium sulphate desiccant. This includes spare parts with Affected Takata Airbag Inflators (Affected Takata Airbag Inflators).
The Recall Notice specifies the manner and timing of the recall activity that is to be undertaken by suppliers of vehicles installed with Affected Takata Airbag Inflators. The Recall Notice has different categories of supplier and some obligations are different for each.
Suppliers may face penalties for non-compliance with requirements in the Recall Notice.
Under the Recall Notice, a supplier is the first person to supply a vehicle with an Affected Takata Airbag Inflator into Australia. In most cases this will be the Australian head office of the vehicle manufacturer, (also known as Original Equipment Manufacturers or OEMs). Another type of supplier is a business that imports and supplies vehicles from overseas that are not generally available for purchase in Australia, known as ‘grey’ or parallel imports.
The Recall Notice broadly requires suppliers to recall affected vehicles and replace Affected Takata Airbag Inflators. A supplier may use its dealer network to perform its required action under the Recall Notice.
Dealers, independent used car traders and sellers of spare parts have separate obligations to suppliers under the Recall Notice.
The Recall Notice specifies the manner and timing of the recall activity. Suppliers may face penalties for non-compliance with requirements in the Recall Notice.
Note: the Recall Notice does not alter consumer rights and remedies or supplier obligations under the Australian Consumer Law (ACL), Competition and Consumer Act 2010 or Trade Practices Act 1974.
For specific requirements in the Recall Notice, please see:
- Takata recall - guidance for vehicle manufacturers
- Takata recall - guidance for authorised vehicle dealers
- Takata recall - guidance for independent secondhand vehicle dealers
- Takata recall - guidance for suppliers of spare parts
- Takata recall - guidance for grey importers and RAWS participants
Guidance has been developed to assist suppliers in preparing reports and plans required under the compulsory Takata airbag recall.
The key dates for recall and replacement action by vehicle suppliers are:
One week from commencement
- Initiate recall of all vehicles with Alpha Inflators, if not already under active recall, by no later than 8 March 2018.
3 April 2018
- Provide the ACCC with your Recall Initiation Schedule (unless you have initiated recall action for all affected vehicles prior to 3 April 2018).
31 December 2018
- Cease supply of new or demonstration vehicles with an Affected Takata Airbag Inflator in any circumstances.
31 December 2019
- Cease use of new Affected Takata Airbag Inflators as replacements ('like for like' replacements).
31 December 2020
- Complete all replacements of Affected Takata Airbag Inflators, unless otherwise approved by the ACCC.
- You have an ongoing obligation to identify and replace vehicles with Affected Takata Airbag Inflators.