CHOICE OF REPAIRER BILL 2010

i Choice of Repairer Bill 2010 No. , 2010

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Objects

...............................................................................................

4 Interpretation

......................................................................................

5 Application

Act

.............................................................................

Part 2--Choice of repairer

6 Application

Part

.............................................................................

Access to information and diagnostic tools ....................................... 4

8 Availability

diagnostic

tools and capabilities ................................ 4

Part 3--Interaction with Trade Practices Law

9 Interaction

with

Trade Practices Law ................................................ 6

10 Intentional

breach

of requirement ...................................................... 6

Part 4--Miscellaneous

11 Regulations

........................................................................................

Part 1 Preliminary

Section 2

2 Choice of Repairer Bill 2010 No. , 2010

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Sections 3 to

The 28th day after this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Objects

The objects of this Act are to protect choice and competition in

vehicle repair, servicing, replacement parts and accessories sector

by eliminating any technical or legal barriers that impact on the

Australian consumers' rights to have their vehicles serviced,

maintained and repaired at competitive prices in the workshop of

their choice.

4 Interpretation

(1) In this Act:

mandatory industry code has the meaning given by the Trade

Practices Act, affected by section 10 of this Act.

Preliminary Part 1

Section 5

Choice of Repairer Bill 2010 No. , 2010 3

motor vehicle means any vehicle that is capable of being driven or

drawn on roads by any means other than muscular power

exclusively, but does not include any vehicle designed to run

exclusively on rails.

motor vehicle owner means any person who owns, leases, or

otherwise has the legal right to use and possess a motor vehicle,

and includes an agent of the person.

repair facility means a facility operated by a person engaged in the

repair, diagnosis or servicing of motor vehicles or motor vehicle

engines and includes a business from which such a facility

normally purchases tools used to diagnose problems with motor

vehicles or motor vehicle engines.

Trade Practices Act means the Trade Practices Act 1974.

Trade Practices Law includes:

(a) the Trade Practices Act;

(b) any industry code made or authorised under that Act;

(d) any regulations made under that Act.

(2) Unless the contrary intention appears, any other term used in this

Act which is defined in the Trade Practices Act has the meaning

given in that Act.

(3) Nothing in this Act is taken to require the public disclosure of any

confidential information related exclusively to the design and

manufacture of motor vehicle parts.

5 Application of Act

This Act has the same application as Part IV of the Trade Practices

Act.

Note:

Part IV of the Trade Practices Act deals with restrictive trade

practices.

Part 2 Choice of repairer

Section 6

4 Choice of Repairer Bill 2010 No. , 2010

Part 2--Choice of repairer

6 Application of Part

This Part applies only in respect of motor vehicles manufactured

after the 1994 model year.

7 Access to information and diagnostic tools

(1) A corporation that manufactures a motor vehicle in Australia or

that imports a motor vehicle into Australia must:

(a) provide, in a standard format via the Internet, motor vehicle

owners and repair facilities with unrestricted access to all the

service and training information relating to a motor vehicle

manufactured by the corporation, including information

necessary to activate the controls of that motor vehicle; and

(b) on the request of a motor vehicle owner or a repair facility,

promptly make available to the motor vehicle owner or repair

facility, through reasonable business means, all the diagnostic

tools and capabilities necessary to diagnose, service and

repair the motor vehicle.

(2) A corporation referred to in subsection (1) must provide to motor

vehicle owners and independent repair facilities the same

information, and make available to them the same diagnostic tools

and capabilities, that it provides and makes available to franchised

dealerships of the corporation, at the same time that they are

provided and made available to those dealerships.

8 Availability of diagnostic tools and capabilities

(1) The regulations may prescribe:

(a) the method or methods by which corporations may provide

the information and make available to motor vehicle owners

and repair facilities the diagnostic tools and capabilities

referred to in section 7;

(b) the fees that may be charged by corporations for providing

the information and making available the diagnostic tools and

capabilities referred to in paragraph (a).

Part 3 Interaction with Trade Practices Law

Section 9

6 Choice of Repairer Bill 2010 No. , 2010

Part 3--Interaction with Trade Practices Law

9 Interaction with Trade Practices Law

(1) This Act is intended to supplement the Trade Practices Law to

enhance consumer choice in relation to the repair of motor

vehicles.

(2) Nothing in this Act removes or reduces any obligation placed on

any individual or organisation by the Trade Practices Law.

10 Intentional breach of requirement

(1) For the purposes of the Trade Practices Law, a corporation that

fails to provide information, or to make available diagnostic tools

or capabilities, in accordance with section 7 is taken to have

contravened a mandatory industry code.

(2) A corporation that is taken to have contravened a mandatory

industry code because of this section may be dealt with in

accordance with Part VI of the Trade Practices Act.

Note:

Part VI of the Trade Practices Act deals with enforcement and

remedies.

Commonwealth of Australia Bills

CHOICE OF REPAIRER BILL 2010