Northern Territory Numbered Acts

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ELECTRICAL SAFETY ACT 2022 (NO 3 OF 2022) - SECT 199

Making recall order

    (1)     The Minister may make a recall order to recall electrical equipment if the Electrical Safety Regulator recommends to the Minister that the electrical equipment is placing, or will place, an individual or property at electrical risk.

    (2)     A recall order requires the designer, manufacturer, importer or supplier specified in the recall order to recall the electrical equipment specified in the order from use.

    (3)     The designer, manufacturer, importer or supplier specified in the recall order must offer the owners or users of the recalled electrical equipment one of the following options:

    (a)     to have the recalled equipment repaired to be safe from electrical risk and then returned to the owner or user;

    (b)     to have the recalled equipment replaced with equivalent or better electrical equipment that is safe from electrical risk;

    (c)     to be given compensation for the recalled equipment in accordance with guidance from the Electrical Safety Regulator.

    (4)     The Minister may make a recall order for electrical equipment whether or not the electrical equipment:

    (a)     was previously recalled by the designer, manufacturer or importer; or

    (b)     is installed at a place.

    (5)     A recall order must be in writing and include the following:

    (a)     the reasons to recall the electrical equipment from use;

    (b)     the specific actions that must be taken to recall the electrical equipment;

    (c)     the specific options to be offered to the owners or users of the electrical equipment.

Examples subsection (5)(b)

1     How the public or customers must be informed about the electrical risk.

2     How the public or customers must mitigate or eliminate the electrical risk, by repair or replacement.

3     The information that must be given to the Electrical Safety Regulator about the progress of the recall.

    (6)     The recall order and a public warning about the electrical risk identified in the recall order must be published on the Electrical Safety Regulator's website.

    (7)     A recall order remains in force for 2 years after the day the order is made unless sooner revoked by the Minister.

    (8)     More than one recall order may be made for the same electrical equipment.



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