Vehicle Recalls

For suppliers of vehicles, parts and accessories the Trade Practices Act 1974 and the relevant Voluntary Recall Code of Practice requires suppliers / manufacturers to recall a product or service that may have a safety related defect. That is, a defect which will or may cause injury to any person. The Code describes the procedures, including a safety investigation, to be followed when the supplier is advised or becomes aware of such an issue. Importantly, defects that are not safety related are not subject to recall provisions.

Suppliers undertaking a voluntary safety recall must notify the Minister for Consumer Affairs and other bodies including state registration authorities and the federal Department of Transport. Owners of affected vehicles must also be notified through ads in the press and by attempting direct contact with owners.

Owners, for their part, must return an affected vehicle to an authorised dealer for inspection and, if required, any rectification. This is done free of charge to the owner and irrespective of the vehicles warranty status.

Vehicles that have had the recall campaign completed must be identified as such as specified in the Code. This usually involves placing a decal on a door-pillar or marking a special recall campaign-plate.

The ACCC can order a safety recall in certain circumstances if the supplier does not institute a voluntary recall campaign.

It should go without saying that safety related defects solely arising from misuse, abuse, non-compliance with servicing and other makers instructions, modification, etc would be excluded.

The federal Department of Transport monitors the effectiveness of recalls and if you suspect your vehicle has a serious safety defect arising from a manufacturing fault, you can check for recalls or bring the matter to their attention via their website at www.recalls.gov.au.