Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 185

Scope

  (1)   This section applies if a recall notice for equipment requires a supplier to take action of a kind referred to in paragraph   184(1)(c).

Obligations--repair or modify

  (2)   If:

  (a)   the recall notice was issued under subsection   183(1); and

  (b)   the supplier undertakes to repair or modify the equipment;

the supplier must cause the equipment to be repaired or modified so that:

  (c)   a reasonably foreseeable use or misuse of the equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; and

  (d)   the equipment is not covered by an interim ban, or a permanent ban, that is in force.

  (3)   If:

  (a)   the recall notice was issued under subsection   183(2); and

  (b)   the supplier undertakes to repair or modify the equipment;

the supplier must cause the equipment to be repaired or modified so that:

  (c)   the equipment would not be likely to have an adverse effect on radiocommunications; and

  (d)   the equipment is not covered by an interim ban, or a permanent ban, that is in force.

  (4)   If:

  (a)   the recall notice was issued under subsection   183(3); and

  (b)   the supplier undertakes to repair or modify the equipment;

the supplier must cause the equipment to be repaired or modified so that:

  (c)   radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would not be likely to adversely affect the health or safety of individuals; and

  (d)   the equipment is not covered by an interim ban, or a permanent ban, that is in force.

Obligations--replacement

  (5)   If:

  (a)   the recall notice was issued under subsection   183(1); and

  (b)   the supplier undertakes to replace the equipment;

the supplier must replace the equipment with similar equipment that satisfies the following conditions:

  (c)   a reasonably foreseeable use or misuse of the similar equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications;

  (d)   the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.

  (6)   If:

  (a)   the recall notice was issued under subsection   183(2); and

  (b)   the supplier undertakes to replace the equipment;

the supplier must replace the equipment with similar equipment that satisfies the following conditions:

  (c)   the similar equipment would not be likely to have an adverse effect on radiocommunications;

  (d)   the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.

  (7)   If:

  (a)   the recall notice was issued under subsection   183(3); and

  (b)   the supplier undertakes to replace the equipment;

the supplier must replace the equipment with similar equipment that satisfies the following conditions:

  (c)   radio emissions resulting from a reasonably foreseeable use (including a misuse) of the similar equipment would not be likely to adversely affect the health or safety of individuals;

  (d)   the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.

  (8)   If the supplier undertakes:

  (a)   to repair or modify the equipment; or

  (b)   to replace the equipment;

the cost of the repair, modification or replacement, including any necessary transportation costs, must be paid by the supplier.