Takata airbag proposed compulsory recall

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 requested written submissions from suppliers and interested parties.

All submissions are treated as public documents and are published on this consultation hub unless otherwise requested. Parties that wantedto submit confidential information were 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. 

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 request 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.

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 has placed 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.