What happens in a compulsory product recall?
Unless the goods create an imminent risk of death or serious illness or injury the Minister will send a draft recall notice to the suppliers of the relevant goods. The suppliers will then have an opportunity to discuss the proposed recall in a conference with the ACCC. After the conference, the ACCC will make a recommendation on whether to proceed with the recall. However, the Minister is not bound by its recommendation. If the Minister decides to proceed, he/she will publish a notice in the Gazette which requires the supplier to: • recall the goods within the period specified in the notice • disclose to the public (or a specified class of customers) the nature of the defect or dangerous characteristic in the goods, the circumstances in which the use of the goods may be dangerous and procedures for disposing of the goods, and/or • inform the public (or a specified class of customers) that the supplier will repair or replace the goods (at the supplier’s cost) or refund the price of the
