1 After Part IVD
10 After subparagraph 76(1)(a)(ib)
Requires a relation between identifiable temporal intervals
Specify penalty units for civil penalties
11 After paragraph 76(1A)(cb)
Specifies penalty units for individuals and non-corporate entities
12 After paragraph 76(1B)(aab)
Inserts a provision of Division 3 of Part IVE
13 After subparagraph 80(1)(a)(iib)
Omit 'or IVBA', substitute ', IVBA or IVE'
14 Paragraph 82(1)(a)
15 Subparagraph 83(1)(b)(i)
16 Paragraphs 84(1)(b) and (3)(b)
Insertion of Part IVE after section 56CD
17 Subsections 86(1A) and (2)
Insertion of Part IVE after section 56CD in Schedule 1
18 Paragraph 86A(1)(b)
19 Paragraphs 86C(2)(a) and (b)
Defines terms related to motor vehicle service and repair information sharing scheme
2 Subsection 4(1)
Omit “or IVBA”, substitute ‘, IVBA or IVE’.
20 Subsection 86C(4) (paragraph (a) of the definition of
Prohibits omitting ‘or IVBA’ and substituting ‘, IVBA or IVE’.
21 Paragraph 86E(1)(a)
22 Subsection 87(1)
23 Paragraphs 87(1A)(a) and (b)
24 Subsection 87(1C)
25 Subsection 155AAA(21) (paragraph (a) of the definition of
26 Subparagraph 113P(1)(b)(iii)
Add scheme information within the meaning of Part IVE of the Competition and Consumer Act 2010
27 At the end of paragraph 113P(1)(b)
3 Section 4M
The text requires insertion before 'This Act'
4 At the end of section 4M
5 Before paragraph 5(1)(b)
Promote competition between Australian repairers of passenger and light goods motor vehicles.
57AA Objects of Part
Data providers must offer scheme information to Australian repairers and RTOs at a price not exceeding fair market value.
57AB Simplified outline
Must offer scheme information at a price not exceeding fair market value.
57BA Meaning of scheme vehicle
vehicle is a scheme vehicle if it was manufactured on or after this date
vehicles manufactured on or after a later date prescribed by the scheme rules are considered scheme vehicles
vehicle is a scheme vehicle if it meets these criteria
scheme vehicle is defined as a light goods vehicle, passenger vehicle, or another kind of vehicle prescribed by the scheme rules
vehicle is a scheme vehicle if it meets the criteria prescribed by the scheme rules
scheme rules prescribe definitions and categories for vehicles
scheme vehicle is defined as a specific type of vehicle that meets certain criteria
vehicles manufactured on or after January 1, 2002, are considered scheme vehicles
A person is an Australian repairer to the extent that they carry on or actively seek to carry on, in Australia, a business that involves diagnosing faults with, servicing, repairing, modifying or dismantling scheme vehicles.
57BB Meaning of Australian repairer
In some State and Territory jurisdictions, a person may need to hold a licence or particular qualifications to lawfully carry on such a business.
57BC Meaning of scheme RTO and RTO course
RTO provides training during the provision of a course in Australia
providing a course (an RTO course) in Australia
providing, nor seeks to provide, a course (an RTO course) in Australia
RTO must provide training in diagnosing faults with, servicing, repairing, modifying or dismantling scheme vehicles
providing training in diagnosing faults with, servicing, repairing, modifying or dismantling scheme vehicles.
57BD Meaning of scheme information
Defines scheme information for manufacturers and their related bodies corporate.
57BD(1) Meaning of scheme information
57BD(2) Meaning of scheme information
57BD(3) Meaning of scheme information
57BE Meaning of data provider
Data provider is an Australian repairer or RTO
Data provider is a scheme information supplier
Person carrying on a business is a data provider
Australian repairer or RTO is a person carrying on a business
57BF Meaning of safety and security information
Excerpt defines safety and security information for a scheme vehicle.
57BF(1) Meaning of safety and security information
Defines safety information for a scheme vehicle
57BF(2) Meaning of safety and security information
The safety information is relevant during vehicle operation
Defines the scope of safety information during vehicle operation
(2) Safety information, for a scheme vehicle...
The safety information is relevant for the hydrogen system, high voltage system, hybrid system, and electric propulsion system
Defines the scope of safety information for specific systems
The vehicle must provide the required safety information
Requires specific systems to be installed
The safety information is relevant throughout the vehicle
Defines the scope of safety information throughout the vehicle
The safety information applies everywhere in the vehicle
Applies to all vehicles subject to the scheme
Prescribes security information for a scheme vehicle
57BF(3) Meaning of safety and security information
Imposes an obligation on the state to provide security information
Supply of scheme information between related bodies
57BG Supply of scheme information between related bodies
57CA Scheme information—offer to supply to Australian repairers
Main obligation to supply scheme information to Australian repairers or scheme RTOs.
57CA(1) Scheme information—offer to supply to Australian repairers
Imposes a duty on the state to supply scheme information.
Must provide scheme information to Australian repairers and RTOs in a specified form.
57CA(2) Scheme information—offer to supply to Australian repairers
Supply scheme information for a nominated period
57CA(3) Scheme information—offer to supply to Australian repairers
Must supply scheme information for a nominated period
Data provider must make a scheme offer for the supply of scheme information at a price not exceeding fair market value.
57CA(4) Scheme information—offer to supply to Australian repairers
Scheme information—offer to supply to Australian repairers
57CA(5) Scheme information—offer to supply to Australian repairers
(5) For the purposes of subsection (4), this subsection covers...
Classify scheme vehicles by make, model and year
(i) of that particular make, model and year;
57CB Scheme information—supply on request by Australian
Request for supply of scheme information
57CB(1) Scheme information—supply on request by Australian
The request for supply of scheme information occurs during a specific time frame
Request for supply of scheme information occurs within a specific time frame
The Australian repairer or scheme RTO requests the data provider to supply the scheme information in writing, and pays or offers to pay the scheme price
The request for supply of scheme information implies that the data provider must supply the scheme information
Request for supply of scheme information implies that data provider must supply scheme information
If the Australian repairer or scheme RTO requests the data provider to supply the scheme information, then the data provider must supply the scheme information
The request for supply of scheme information can be inferred from other information
Request for supply of scheme information can be inferred from other information
If the Australian repairer or scheme RTO requests the data provider to supply the scheme information, then it can be inferred that the request is related to a specific make, model and year of scheme vehicle
Data provider must supply scheme information
Australian repairer has a need to access the scheme information
The request for supply of scheme information spreads to other parties
Request for supply of scheme information spreads to other parties
If the Australian repairer or scheme RTO requests the data provider to supply the scheme information, then other parties may also request the data provider to supply the scheme information
Supply scheme information to Australian repairer or RTO within specified terms and conditions.
57CB(2) Scheme information—supply on request by Australian
Scheme information—supply on request by Australian repairer or scheme RTO
57CB(3) Scheme information—supply on request by Australian
(b) in the circumstances described in column 1 of an item of the following table, ends at the time described in column 2 of that item.
Defines the period covered by this subsection
(a) starts when (at the payment or offer time) the Australian repairer or scheme RTO pays, or offers to pay, the scheme price, or another agreed price, for the scheme information;
Must provide scheme information on request
57CC Scheme information—terms and conditions of supply and use
Terms and conditions for accessing scheme information
57CC(1) Scheme information—terms and conditions of supply and use
Prohibited terms and conditions in supply contracts
57CC(2) Scheme information—terms and conditions of supply and use
Cannot enter into contract with such term or condition
Contract contains prohibited term or condition
57CD Scheme information—interaction of supply obligations and
Data provider must comply with obligation under this Part in relation to scheme information.
57CD(1) Scheme information—interaction of supply obligations and
Supply of scheme information to Australian repairer or RTO constitutes infringement of third party's copyright.
57CD(2) Scheme information—interaction of supply obligations and
...the supply constitutes or results in an infringement of the copyright of the third party claimant;
Infringement occurs during supply of scheme information.
Infringement occurs through supply of scheme information.
Obligation to respect third party's copyright.
Compensation for supply of scheme information
57CD(3) Scheme information—interaction of supply obligations and
Debt due by data provider to third party claimant
57CD(4) Scheme information—interaction of supply obligations and
Data provider must pay compensation to third party claimant if required to supply scheme information.
57CD(5) Scheme information—interaction of supply obligations and
Pay compensation to third party claimant
Data provider required to supply scheme information
Separate safety and security information from other scheme information.
57DA Safety and security information—packaging
Must provide separate safety and security information.
57DB Safety and security information—supply to Australian
Must not supply safety and security information for a scheme vehicle unless certain conditions are met.
57DB(1) Safety and security information—supply to Australian
supply safety and security information for a scheme vehicle
reasonable grounds based on information provided by the Australian repairer or scheme RTO
the Australian repairer or scheme RTO has provided the required declaration, or declarations, covered by subsection (3) in relation to that vehicle
supplying safety and security information for a scheme vehicle
the data provider must not supply scheme information under this Part that is, or includes, safety and security information for a scheme vehicle of a particular make, model and year
Conditions for supplying safety and security information
there are reasonable grounds, based on information provided by the Australian repairer or scheme RTO
Combination of conditions for supplying safety and security information
Individual must be a fit and proper person to access safety and security information.
57DB(2) Safety and security information—supply to Australian
The access occurs during business hours.
Access must occur during business hours.
The individual accesses the safety and security information during their business hours.
The individual must access the safety and security information.
The individual is a fit and proper person to access the safety and security information.
Declaration required for access to security information
57DB(3) Safety and security information—supply to Australian
Obligation to confirm authorization and vehicle ID
Individual must meet prescribed safety and security criteria to access information.
57DB(4) Safety and security information—supply to Australian
Individual is a fit and proper person to access information.
Individual meets prescribed safety and security criteria.
Criteria for safety and security information may be prescribed differently.
57DB(5) Safety and security information—supply to Australian
Personal information about an individual is covered by this subsection.
57DB(6) Safety and security information—supply to Australian
Prescribes matters in relation to personal information seeking or giving
57DB(7) Safety and security information—supply to Australian
57DC Safety and security information—use or disclosure of sensitive
Use or disclosure of sensitive information must comply with this section.
57DC(1) Safety and security information—use or disclosure of sensitive
Applying Privacy Act to sensitive information
57DC(2) Safety and security information—use or disclosure of sensitive
Administration of section is a privacy function.
57DC(3) Safety and security information—use or disclosure of sensitive
Section administration is an obligation.
57DD Safety and security information—storage of, and access to,
Sensitive information must be stored in Australia.
57DD(1) Safety and security information—storage of, and access to,
Must store sensitive information in Australia.
Must store sensitive information in Australia or an external Territory.
57DD(2) Safety and security information—storage of, and access to,
Prohibits storing sensitive information outside Australia.
Do not access sensitive information outside Australia.
57DD(3) Safety and security information—storage of, and access to,
...do anything that might reasonably enable the sensitive information to be accessed outside Australia.
Temporal relation between action and restriction
...enable the sensitive information to be accessed outside Australia.
Implication between action and consequence
Prohibition of accessing sensitive information
57DE Security information—records of access
Data provider must keep records of access to security information.
57DE(1) Security information—records of access
Record of security information supply for 5 years
57DE(2) Security information—records of access
(2) The data provider must keep a record...
Must provide record of security information supply
57EA Scope of Division
A party may initiate action to resolve a dispute.
57EB Resolving disputes
57EC Right to bring proceedings unaffected
57ED Attempt to resolve dispute before mediation
(a) the nature of the dispute;(b) the matter that is the subject of the dispute;(c) the way in which that matter relates to the application of this Part;(d) what outcome the initiating party wants;(e) what action the initiating party thinks will resolve the dispute
Initiating party must provide written notice to responding party before initiating action.
57ED(1) Attempt to resolve dispute before mediation
the initiating party must give written notice...
(1) If the initiating party wishes to initiate action...
Parties must try to resolve the dispute.
57ED(2) Attempt to resolve dispute before mediation
Parties must refer dispute to mediator if unable to resolve within 2 business days.
57ED(3) Attempt to resolve dispute before mediation
Either party may refer the matter to a mediator for mediation under this Division.
Dispute must be referred to mediator after 2 business days
(3) If the parties cannot agree how to resolve the dispute within 2 business days...
Request for mediator nomination by parties
57ED(4) Attempt to resolve dispute before mediation
Permission to request mediator nomination
Scheme adviser must nominate a mediator for the dispute within 2 business days after a request is made under subsection (4).
57ED(5) Attempt to resolve dispute before mediation
A party is taken to have tried to resolve a dispute if they approach the resolution in a reconciliatory manner.
57EE When is a party taken to have tried to resolve a dispute?
The key has an overlap with a temporal interval
The key overlaps with a temporal interval in AllenInterval
The key is recognized as an entity by CogAI
A party is taken to have tried to resolve a dispute
Obligation to resolve disputes in a reconciliatory manner
Approaching the resolution of a dispute in a reconciliatory manner
The key has a recurring reference in LTL
The key is recurrently referenced in LTL
The key appears multiple times in the schedule
57EF Mediation
Mediator may decide time and place for mediation.
57EF(1) Mediation
The mediator may appoint a technical expert with the agreement of the parties.
57EF(2) Mediation
Mediation must be conducted in Australia unless using specified technology.
57EF(3) Mediation
the mediation must be conducted in Australia.
Mediation must occur after specified technology is used.
(3) Unless the mediation is conducted using the technology referred to in subsection (4),
Mediation process is a type of artificial intelligence application.
Obligation to conduct mediation in Australia.
Mediation process is related to legal proceedings and technology use.
Mediation may occur before specified technology is used.
Mediation may be conducted using technology allowing remote participation.
57EF(4) Mediation
Describes the time period when mediation can be conducted remotely.
57EF(5) Mediation
Party must attend mediation under specified circumstances.
57EF(6) Mediation
(a) the party is represented at the mediation by a person who has the authority to enter into an agreement...
The party must participate in mediation using technology.
Must participate in mediation using technology
(b) the party, or the party’s authorised representative mentioned in paragraph (a), participates in the mediation...
57EF(7) Mediation
Mediator must advise scheme adviser of mediation start within 5 business days.
57EF(8) Mediation
57EG Termination of mediation
Dispute must be resolved within 30 days after mediation starts.
57EG(1) Termination of mediation
Obligation to resolve dispute within 30 days.
Mediator may terminate mediation at any time unless a resolution is imminent.
57EG(2) Termination of mediation
Mediator's obligation to terminate mediation
Mediator must terminate mediation upon request.
57EG(3) Termination of mediation
a certificate stating the names of the parties, nature of the dispute, whether the parties attended the mediation, that the mediation has finished, and that the dispute has not been resolved
Mediator must issue a certificate upon termination of mediation.
57EG(4) Termination of mediation
Must provide a copy of the certificate to parties and scheme adviser.
57EG(5) Termination of mediation
57EH Costs of mediation
Parties are equally liable for mediation costs unless they agree otherwise.
57EH(1) Costs of mediation
Parties must pay their own costs of attending mediation.
57EH(2) Costs of mediation
57EH(3) Costs of mediation
States are obligated to pay mediation costs.
Establishment and appointment of a motor vehicle service and repair information scheme adviser.
57FA Scheme adviser—establishment and appointment
57FB Scheme adviser—functions
Scheme adviser has functions to report and provide information.
57FB(1) Scheme adviser—functions
The scheme adviser has certain functions.
The scheme adviser's functions are defined in the Act.
Information about contract terms is not confidential to the extent it identifies parties.
57FB(2) Scheme adviser—functions
Contract terms are notified to the scheme adviser
Scheme adviser has powers necessary or convenient for office functions
57FB(3) Scheme adviser—functions
Exempts reports from Section 34C of the Acts Interpretation Act 1901.
57FB(4) Scheme adviser—functions
Section 34C of the Acts Interpretation Act 1901
57GA Civil penalty provisions
57GB Infringement notices
Division 2A of Part IVB applies to alleged contraventions of civil penalty provisions.
57GB(1) Infringement notices
in relation to an alleged contravention of a civil penalty provision over time
in relation to an alleged contravention of a civil penalty provision
Division applies to alleged contraventions
in relation to an alleged contravention of a civil penalty provision mentioned in an item in the table
in relation to an alleged contravention of a civil penalty provision of an industry code
(2) in the same way in which it applies in relation to an alleged contravention of a civil penalty provision of an industry code (within the meaning of that Part)
in relation to an alleged contravention of a civil penalty provision in sequence
57GB(2) Infringement notices
...the penalty to be specified in an infringement notice...
(2) For the purposes of the application...
States and Territories can operate concurrently with this Part unless directly inconsistent.
57GC Concurrent operation of State and Territory laws
States and Territories can operate concurrently.
57GD Acquisition of property
57GD(1) Acquisition of property
Acquisition of property must be on just terms.
57GD(2) Acquisition of property
...from a person otherwise than on just terms.
Temporal overlap with Constitution paragraph
(2) The provision has no effect to the extent (if any) to which its operation would result in the acquisition of property...
Temporal containment with Constitution paragraph
57GE Scheme rules
Minister may make rules by legislative instrument.
57GE(1) Scheme rules
Rules cannot create an offence, civil penalty, or impose certain powers.
57GE(2) Scheme rules
(2) To avoid doubt, the rules may not do the following:
Insertion of clause (ab) before clause (b)
6 Paragraph 5(1)(f)
Substitute sections 47 and 48 with Divisions 3 and 4 of
7 Subsection 5(2)
8 Paragraph 29(1A)(a)
9 Subsection 75B(1)
1 Short title
1 Section 1
Notes on table limitations and amendments
1 July 2022
Commencement rules for provisions in the Act.
2 Commencement
Defines the effective date of Schedule 1
2 Section 2
24 June 2021
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the Competition and Consumer Act 2010 in relation to sharing information for motor vehicle service and repair, and for related purposes
Competition and Consumer Amendment (Motor Vehicle Service and Repair Information Sharing Scheme) Act 2021