Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 41

  (1)   The Minister, the Secretary or an SES employee or acting SES employee in the Department, may give a disclosure notice to a person (the supplier ) who, in trade or commerce, supplies road vehicles or approved road vehicle components of a particular kind if the person giving the notice reasonably believes:

  (a)   that:

  (i)   vehicles or components of that kind will or may cause injury to any person; or

  (ii)   a reasonably foreseeable use (including a misuse) of vehicles or components of that kind will or may cause injury to any person; or

  (iii)   vehicles or components of that kind do not, or it is likely that they do not, comply with the applicable national road vehicle standards; and

  (b)   that the supplier is capable of giving information, producing documents or giving evidence in relation to those vehicles or components.

  (2)   A disclosure notice is a written notice requiring the supplier:

  (a)   to give, in writing signed by the supplier, any such information to the person specified in the notice:

  (i)   in the manner specified in the notice; and

  (ii)   within such reasonable time as is specified in the notice; or

  (b)   to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or

  (c)   to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:

  (i)   to give any such evidence, on oath or affirmation; and

  (ii)   to produce any such documents.

  (3)   The person specified in the notice may be:

  (a)   the Minister; or

  (b)   the Secretary; or

  (c)   an SES employee, or acting SES employee, in the Department (whether or not that SES employee, or acting SES employee, gave the notice).

Holder of a type approval taken to be a supplier

  (4)   For the purposes of this section, a person is taken to supply, in trade or commerce, road vehicles or approved road vehicle components of a particular kind, if:

  (a)   the person is the holder of a road vehicle type approval under which a vehicle is entered on the RAV; or

  (b)   the person is the holder of a road vehicle component type approval.