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RADIOCOMMUNICATIONS ACT 1992 - SECT 184

Contents of a recall notice

  (1)   A recall notice for equipment may require one or more suppliers of the equipment to take one or more of the following actions:

  (a)   recall the equipment;

  (b)   disclose to the public, or to a class of persons specified in the notice, the reasons for the issue of the recall notice;

  (c)   inform the public, or a class of persons specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:

  (i)   repair or modify the equipment;

  (ii)   replace the equipment;

  (iii)   refund to a person to whom the equipment was supplied (whether by the supplier or by another person), and who returns the equipment, the price paid for the equipment;

  (d)   if an undertaking is given by a supplier in accordance with paragraph   (c):

  (i)   comply with the undertaking; and

  (ii)   comply with section   185 in relation to the undertaking;

  (e)   disclose to the public, or to a class of persons specified in the notice, procedures as specified in the notice for disposing of the equipment.

  (2)   The recall notice may specify:

  (a)   the manner in which the action required to be taken by the notice must be taken; and

  (b)   the period within which the action must be taken.

  (3)   If the recall notice requires a supplier of the equipment to take action of a kind referred to in paragraph   (1)(c), the ACMA may specify in the notice that, if:

  (a)   the supplier undertakes to refund the price paid for equipment; and

  (b)   a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made) acquired the equipment from the supplier;

the amount of a refund may be reduced by the supplier by an amount, calculated in a manner specified in the notice, that is attributable to the use which a person has had of the equipment.



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