ACCC Compulsory Takata Airbag Recall and Your Rights

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In late 2017 the ACCC urged drivers of vehicles with defective Takata airbags installed to check if their car was affected by the biggest global vehicle recall in history before driving long distances this summer. The faulty airbag made headlines around the world, as there have been serious injuries and deaths from these faulty Takata airbags, including one death in Australia in July and a serious injury in April 2017.

The main was the fact that there are around 43,000 cars on Australian roads known to contain the most dangerous types of faulty airbags, called ‘alpha’ airbags. In February 2018, the ACCC escalated the situation by stating that it would now be compulsory recall for all affected cars. So, what does that now mean for you in terms of your Australian Consumer Law (ACL) rights?

As the Minister has issued a compulsory recall of all vehicles fitted with defective Takata airbags, vehicle owners are urged to check to see if their vehicle is affected by the compulsory recall to ensure the safety of their vehicle (see the list here https://bit.ly/PBL-recall).

If so, under the ACL you’re entitled to note your VIN number and contact the manufacturer and arrange for a replacement. Regardless of whether you bought your vehicle brand new or second hand, you are entitled to receive a replacement airbag free of charge.

Because the Takata airbags do not deteriorate until between 6-25 years you may be given a like for like replacement (a newer Takata airbag) but the manufacturer must notify you in writing and place a sticker on the windscreen stating when the like for like ought to be replaced.

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Raea Khan Circle
Director Lawyer
Raea Khan

Raea is Managing Director and Principal Lawyer for PBl Law Group. Raea assists clients with major projects, property developments, construction and strata law.

He has worked in Western Australia and Queensland assisting with expansion projects in the energy and resource sector and now predominately advises clients in Strata and Community Association matters.

He is a member of the Australian College of Strata Lawyers where majority of his work is advising developers and owners corporations with dispute related minor and major defects, strata governance and common property litigation. He is proficient at leading negotiations and meetings.

Raea has a particular interest in the commercial aspect of any dispute and always tries to weigh up the risk, reward and benefit of legal proceedings at each different stage.

Raea enjoys all forms of competitive sport, including Crossfit and actively participates in Triathlons, representing Australia as an age group athlete. He was a member of Red Head Surf Lifesaving club.

  • Strata Law
  • Construction & Major Projects
  • Commercial and Business Law
  • Planning & Environment Law