Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 38

  (1)   A person contravenes this subsection if:

  (a)   a recall notice for road vehicles or approved road vehicle components is in force; and

  (b)   the notice requires the person to do one or more things; and

  (c)   the person refuses or fails to comply with the notice.

  (2)   A person contravenes this subsection if:

  (a)   a recall notice for road vehicles or approved road vehicle components is in force; and

  (b)   the person, in trade or commerce:

  (i)   if the notice identifies a defect in, or a dangerous characteristic of, the vehicles or components--supplies vehicles or components of the kind to which the notice relates which contain that defect or have that characteristic; or

  (ii)   in any other case--supplies vehicles or components of the kind to which the notice relates.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subsection   ( 1) or (2).

Penalty:

  (a)   if the person is a body corporate--5,250 penalty units; or

  (b)   if the person is not a body corporate--1,050 penalty units.

Civil penalty provision

  (4)   A person is liable to a civil penalty if the person contravenes subsection   ( 1) or (2).

Civil penalty:

  (a)   if the person is a body corporate--5,250 penalty units; or

  (b)   if the person is not a body corporate--1,050 penalty units.