Contents
Part 1—Preliminary 1
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Objects................................................................................................ 2
4............ Interpretation...................................................................................... 2
5............ Application of Act............................................................................. 3
Part 2—Choice of repairer 4
6............ Application of Part............................................................................. 4
7............ Access to information and diagnostic tools........................................ 4
8............ Availability of diagnostic tools and capabilities................................. 4
Part 3—Interaction with Trade Practices Law 6
9............ Interaction with Trade Practices Law................................................. 6
10.......... Intentional breach of requirement....................................................... 6
Part 4—Miscellaneous 7
11.......... Regulations......................................................................................... 7
A Bill for an Act to enhance customer choice in the repair and maintenance of motor vehicles, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Choice of Repairer Act 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 11 | 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.
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;
(c) any guidelines made 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
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).
(2) The Minister must take all reasonable steps to ensure that regulations are made for the purposes of subsection (1) within one year of the commencement of this Act.
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.
Part 4—Miscellaneous
11 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.