The Commonwealth, state or territory Minister who is responsible for the administration of the ACL is empowered by s 122 of the ACL to issue a recall notice if they decide that particular consumer goods may cause injury to a person, or that they are not in compliance with a published safety standard; or that they are subject to an interim or permanent ban.
A recall notice may require the regulator (the ACCC and equivalent state and territory bodies) or the suppliers of the goods to recall the goods from consumers and give a general notice of the dangers posed by the goods or their use. Identified suppliers may be required to inform consumers what the suppliers will do in relation to the recalled goods: that is, replace them, repair them or refund the prince paid. Any repairs or replacements must conform to relevant safety standards.
The Minister may also direct that the recalled goods be destroyed by the regulator.
Failure to comply with a recall notice is a breach of s 127 the ACL.