Takata airbag proposed compulsory recall

Closed 9 Oct 2017

Opened 21 Sep 2017

Overview

On 21 September 2017, the Minister for Small Business, the Hon. Michael McCormack, issued a proposed recall notice for a compulsory recall of certain vehicles with defective Takata airbags installed and inflators salvaged from these vehicles.

See: Proposed recall notice and draft recall notice

Submissions

The ACCC requests that interested parties present their views through a written submission.

Submissions must be provided on or before Monday 9 October 2017. Any submissions received after this date may not be considered by the ACCC in its recommendation to the Minister.

All submissions will be treated as public documents and published on this consultation hub unless otherwise requested. Parties wishing to submit confidential information are requested to:

  • clearly identify the information that is the subject of the confidentiality claim – the identified information must be genuinely of a confidential nature and not otherwise publicly available
  • provide a non-confidential version of the submission in a form suitable for publication – this public version should identify where confidential information has been redacted.

The ACCC will not disclose the confidential information to third parties, other than advisors or consultants engaged directly by the ACCC, except where permitted or required by law. See the ACCC & AER information policy: collection and disclosure of information publication for more information.

Submissions can be provided via the link below or alternatively can be emailed or posted to:

Director
Standards and Policy
Consumer Product Safety Branch
Australian Competition and Consumer Commission
GPO Box 3131
CANBERRA ACT 2601
Email: takata@accc.gov.au

Conference

Under section 132A of the CCA, any person who supplies or proposes to supply consumer goods of the kind specified in the Proposed Recall Notice may notify the ACCC if they wish the ACCC to hold a conference. Under the Draft Recall Notice, the supplier is the first person to supply the affected vehicle in Australia. This includes manufacturers, licenced distributors and importers but does not include dealers.

The notice requesting the ACCC to hold a conference must be in writing, and must be provided to the ACCC on or before Tuesday 3 October 2017.

If any such notice is received, the conference will be held as follows (although the ACCC will also provide notice in accordance with section 132C of the CCA):

Date: Monday 9 October 2017

Time: yet to be determined

Location: If a conference is called, the ACCC will advise suppliers in due course of the venue, including arrangements for suppliers to attend the conference in Melbourne, and subject to availability and number of attendees, it may also be possible to provide video conference in other states and territories.

Documents: Under section 132H(3) of the CCA, the ACCC must, as far as practicable, ensure that each person who is entitled to attend a conference is given a reasonable opportunity to present their case including to inspect any document which the ACCC proposes to consider for the purpose of making a recommendation, and to make submissions in relation to those documents.

Subject to confidentiality:

  • the ACCC has placed links to relevant documents below
  • the ACCC will place submissions received in response to the Proposed Recall Notice on this consultation hub

Documents that are confidential are not included in the list below. This includes information provided by suppliers in response to requests from the ACCC and DIRD and disclosure notices under s 133D of the CCA, reports provided by consumers and CHOICE to the ACCC, information provided by Takata, and details on deaths and injuries provided by other agencies.

Audiences

  • All business

Interests

  • Product Safety