# 19 Recall notice

- (1) The Secretary may give an entity that must comply with an obligation under section 15 or 16 a recall notice if:
- (a) the entity has been given a stop notice under section 18 in relation to the non‑compliance with the obligation; and
- (b) the Secretary is reasonably satisfied that:
  - (i) the entity has not complied with the stop notice; or
  - (ii) actions taken by the entity to rectify the non‑compliance with the obligation (whether in accordance with the compliance notice or otherwise) are inadequate to rectify the non‑compliance.
- (2) The recall notice must:
- (a) set out the name of the entity to which the notice is given; and
- (b) set out brief details of the non‑compliance; and
- (c) specify action that the entity must take to do any or all of the following:
  - (i) ensure, to the extent within the entity’s control, the product is not acquired in Australia;
  - (ii) ensure, to the extent within the entity’s control, that the product is not supplied to suppliers for supply in Australia;
  - (iii) arrange for the return, within a specified reasonable period, of the product to the entity, or if the entity is not the manufacturer of the product, the manufacturer of the product; and
- (d) specify a reasonable period within which the entity must take the specified action; and
- (e) if the Secretary considers it appropriate—specify a reasonable period within which the entity must provide the Secretary with evidence that the entity has taken the specified action; and
- (f) explain what may happen if the entity does not comply with the notice; and
- (g) explain how the entity may seek review of the decision to issue the notice; and
- (h) set out any other matters prescribed by the rules.
- (3) Before giving the notice to the entity, the Secretary must:
- (a) notify the entity that the Secretary intends to give the notice to the entity; and
- (b) give the entity a specified period (which must not be shorter than 10 days) to make representations about the giving of the notice.
- (4) Only one recall notice may be given to an entity in relation to a particular instance of the entity’s non‑compliance with an obligation under section 15 or 16.