This guidance has been developed to assist suppliers in preparing reports and plans required under the compulsory Takata airbag recall.
There are specific reporting requirements under the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (the Recall Notice).
Please submit all documents and questions to firstname.lastname@example.org.
Suppliers are required to submit a Takata Misdeployment Incident Report Form (TMIR) to the ACCC within two business days from the time you first learn of a report of a misdeployment. Timely completion and submission of the TMIR to the ACCC will satisfy a supplier’s reporting obligations under the Recall Notice as well as under s 131 of the Australian Consumer Law (ACL) where applicable (s 131 of the ACL requires reporting of incidents involving death, serious illness or injury associated with consumer goods).
Suppliers are required to use this form:
The requirement to appoint an Independent Auditor only applies to the Original Equipment Manufacturer, and a licensed distributor or Related Body Corporate of the Original Equipment Manufacturer (Supplier in category (a) or (b) of the Supplier definition in the Recall Notice). Grey importers and RAWS participants (Suppliers in category (c) of the Supplier definition in the Recall Notice) do not need to appoint an auditor.
The auditor must:
- address all aspects of compliance from implementation of recalls to replacement rates (and related issues, such as supply of parts or capacity improvement) and consumer complaints management, and
- make recommendations for improvement (if any) and assess implementation of previous recommendations.
Submission of the name, qualifications and other details of your proposed auditor were due to the ACCC by 2 July 2018. Nominations must identify any association between you and the auditor which may be perceived to affect the auditor’s independence. The ACCC will assess the nominated auditor and will notify you whether it is satisfied as to their qualifications and independence.
Nominations could be for more than one auditor, and auditors may be jointly nominated with other suppliers. In the event of a jointly nominated auditor, reliance can be placed on another Supplier’s submission to the ACCC regarding qualifications of that jointly nominated auditor. However, in such cases a separate submission as to the independence of the auditor is required.
The ACCC requests use of the form below for the nomination of your proposed auditor(s). Completion of this form will ensure that your proposal meets the minimum requirements of the Recall Notice and is also likely to assist the ACCC to more rapidly assess your proposal.
The auditor must provide reports to you on a quarterly basis and these must also be provided to the ACCC. The first report must cover the period from 1 July 2018, and must be submitted within one month of the end of the calendar quarter in which the ACCC notifies you that it is satisfied as to the independence and qualifications of the nominated auditor(s). Subsequent auditor reports are due to you within one month of the end of each subsequent calendar quarter. You must provide the ACCC with a copy of each report within one week of your receipt of the report.
For example, if the ACCC notifies you that it is satisfied as to the independence and qualifications of your nominated auditor(s) in October 2018, then the first report of your auditor is due to you by no later than 1 February 2019, and it must cover the period from commencement of the Recall Notice through to the end of December 2018. The next auditor’s report is due to you by 1 May 2019, and it must cover the period up to the end of the preceding quarter.
Suppliers are required to submit a Baseline Commencement Report to the ACCC by 2 July 2018.
Suppliers are required to use this form:
Suppliers are required to submit Monthly Completion Reports on a monthly basis within 10 business days from the end of each month (relating to the preceding month). The first Monthly Completion Report must be submitted to the ACCC by 14 May 2018.
Suppliers are required to use this form:
Suppliers are required to use the Quarterly Report form, which is due within 10 business days of the end of each calendar quarter. The Quarterly Report has two parts, each of which covers a different quarterly reporting obligation:
Part 1: Quarterly Completion Report. This is required under Schedule 1 of the Recall Notice for Vehicle manufacturers and suppliers falling under subparagraphs (a) and (b) of the definition of Supplier in the Recall Notice (it is not required of suppliers under subparagraph (c), such as Grey Importers or RAWS participants), and
Part 2: Quarterly Tracking Report. This is summary information about Takata airbag misdeployments and consumer complaints as required under section 11 of the Recall Notice, and is required from all suppliers.
The first Quarterly Tracking Report (using the Part 2 of the form) is due by 13 July 2018, covering the period of 1 March to 30 June 2018.
The first Quarterly Completion Report (using Part 1 of the form) is required by 15 October 2018, covering the period of 1 July to 30 September 2018. The Recall Notice requires quarterly completion reports to be submitted within 10 business days of the end of the relevant calendar quarter. Due to the public holiday in a number of states and territories on 1 October 2018, the ACCC will allow all Suppliers to submit their Q3/2018 plan on or before Monday 15 October 2018.
Suppliers are required to submit an initial VIN Status Report for all affected vehicles supplied into Australia by 13 July 2018. This report is cumulative, and after the initial report, only new or updated information needs to be uploaded on a monthly basis within 10 business days from the end of each month (relating to the preceding month).
Suppliers are required to use this form in accordance with the instructions provided for data specifications. This form may be updated from time to time as required, so please ensure you submit your report using the current version:
Suppliers are required to submit a Recall Initiation Schedule by 3 April 2018.
Suppliers are required to use this template:
Suppliers are required to submit a Second-hand Vehicle Action Plan (SVAP) by 1 May 2018.
The format of your SVAP is optional. The form below provides you with a framework to inform the ACCC of the components of your plan and allows you to provide narrative explanations along with relevant documents, links and evidence. Completion of the form will assist you to ensure that your SVAP meets the minimum requirements of the Recall Notice and will help to avoid gaps in your SVAP. It is also likely to assist the ACCC to more rapidly assess your SVAP.
The ACCC strongly encourages you to complete and submit the form. Alternatively, you may choose not to complete the form and to submit your SVAP for the ACCC to assess instead.
Suppliers are required to submit a Communication and Engagement Plan (CEP) by 3 April 2018.
The format of your CEP is optional. The form below provides you with a framework to inform the ACCC of the components of your plan and allows you to provide narrative explanations along with relevant documents, links and evidence.
Completion of the form will assist you to ensure that your CEP meets the minimum requirements of the Recall Notice and will help to avoid gaps in your CEP. It is also likely to assist the ACCC to more rapidly assess your CEP.
The ACCC strongly encourages you to complete and submit the form relevant to your circumstances. Alternatively, you may choose not to complete the form and to submit your CEP for the ACCC to assess instead.
The Recall Notice permits suppliers who have not achieved 100% replacement of Affected Takata Airbag Inflators (ATAIs), but who consider that they have complied with their replacement obligations under the Recall Notice, to apply to the ACCC for a compliance assessment.
Suppliers may make an application at any time and may make more than one application.
Suppliers may make an application without using the form below. However, completion of this form may assist you to provide relevant information and address the criteria of the Recall Notice. It also provides a means to attach evidence.
The information in this form may be used by the ACCC to apply to participating State and Territory registration authorities to ask them to consider whether to deregister a particular vehicle.
Guidance is available regarding the ACCC’s position on compliance and enforcement under the compulsory Takata airbag recall at: Takata guidance on writen-off vehicles
The undertakings below are for use in relation to vehicles that are statutory or repairable write-offs under active recall under the Recall Notice.