On 28 February, 2018 the Minister Assisting the Treasurer released the Consumer Goods (Motor Vehicles With Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018 (RECALL NOTICE).
The Australian Competition and Consumer Commission (ACCC) is responsible for implementation of the above RECALL NOTICE
The RECALL NOTICE places obligations on any person who, in trade or commerce, supplies airbags or airbag inflators as “Spare Parts”.
The RECALL NOTICE specifies certain airbags as “Affected Airbags”. It makes it illegal to sell an “Affected Airbag”.
This applies particularly to automotive recyclers, scrap metal dealers and second hand parts sellers.
The RECALL NOTICE places an obligation on sellers of Spare Parts to:
Use their best endeavours to identify whether any airbag they have in their possession, power or control is an Affected Airbag.
Notify the manufacturer as soon as practicable after becoming aware that they have an Affected Airbag in their possession, power or control.
Make the Affected Airbag available for retrieval by the manufacturer.
The Auto Recyclers Association of Australia (ARAA) is working with manufacturers to assist them in the recovery of Affected Takata Airbags.
We will notify the relevant manufacturer of an Affected Airbag that is reported to us, and arrange for the recovery of that airbag. Upon being notified of an Affected Airbag we will, on behalf of the manufacturer:
Enter into an Agreement to pay compensation to the recycler for return of the airbag, being:
$75 for a Driver airbag; or
$90 for a Passenger airbag;
Send appropriate packaging and Safe Handling Instructions to the recyclers so the recyclers can safely pack the airbag ready for return;
Arrange for collection of the airbags by a Field Courier; and
Make payment to the Recyclers nominated Bank Account of the relevant amount.