promote competition between Australian repairers of passenger and light goods motor vehicles and establish a fair playing field by mandating access, on fair and reasonable commercial terms, to information used to diagnose, repair, service, modify or dismantle scheme vehicles; and

enable consumers to have scheme vehicles diagnosed, repaired, serviced, modified or dismantled safely and effectively by an Australian repairer of their choice; and

encourage the provision of accessible and affordable information about scheme vehicles to Australian repairers, and to registered training organisations (for training purposes); and

protect safety and security information about scheme vehicles to ensure the safety and security of consumers, information users and the general public; and

provide for the resolution of disputes about the application of this Part.

(a) a light goods vehicle, within the meaning of a national road vehicle standard made under the Road Vehicle Standards Act 2018 that specifies definitions and vehicle categories for the purposes of that Act, that was manufactured on or after:

1 January 2002; or

a later date prescribed by the scheme rules; or

(b) a passenger vehicle (other than an omnibus), within the meaning of a national road vehicle standard made under the Road Vehicle Standards Act 2018 that specifies definitions and vehicle categories for the purposes of that Act, that was manufactured on or after:

1 January 2002; or

a later date prescribed by the scheme rules; or

another kind of vehicle prescribed by the scheme rules.

a trade secret;

(b) the intellectual property of a person, other than intellectual property protected under the Copyright Act 1968;

a source code version of a program;

data automatically generated and transmitted by a scheme vehicle, while it is being driven, regarding driver or vehicle performance;

global positioning system data;

information supplied, or to be supplied, only to a restricted number of Australian repairers for the purposes of developing solutions to emerging or unexpected faults with a scheme vehicle;

information that is commercially sensitive about an agreement between a data provider and another person;

information relating to an automated driving system of a scheme vehicle;

any other information prescribed by the scheme rules.

a corporation carrying on a business that includes supplying, to any extent and whether directly or indirectly, scheme information to one or more Australian repairers or scheme RTOs; or

any person who carries on such a business in the course of, or in relation to, trade or commerce.

safety information;

security information.

the hydrogen system;

the high voltage system;

the hybrid system;

the electric propulsion system;

another system prescribed by the scheme rules for the purposes of this paragraph.

the vehicle’s mechanical and electrical security system;

another system prescribed by the scheme rules for the purposes of this paragraph.

in the same form in which it is supplied or offered for supply under subsection (1); or

if supply in that form is not practicable or accessible—in an electronic form that is reasonably accessible to all Australian repairers and scheme RTOs.

for any period nominated by an Australian repairer or scheme RTO; or

by day, by month and by year.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

the price charged to other Australian repairers and scheme RTOs for supplying scheme information (whether under this Part or otherwise) in relation to a scheme vehicle:

of that particular make, model and year; or

if pricing is not available for information in relation to a scheme vehicle of that particular make, model and year—pricing for information in relation to a scheme vehicle of a similar make, model and year;

the terms and conditions on which such scheme information is offered for supply to Australian repairers and scheme RTOs (whether under this Part or otherwise), including as to the permitted use of the information, the means of access to the information, the number of permitted users, and the frequency or duration of use of the information;

the anticipated demand by Australian repairers and scheme RTOs for supply of the scheme information on the basis of the scheme offer;

the reasonable recovery of costs incurred in creating, producing and providing the scheme information for supply on the basis of the scheme offer;

(e) the price charged for the supply of information similar to scheme information in overseas markets;

the amount (if any) payable by the data provider to any person who has a proprietary interest in the scheme information.

in English; and

on the internet; and

in a form that is accessible free of charge.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

as soon as reasonably practicable after it publishes a scheme offer under subsection (6)—provide a copy of the scheme offer, in writing, to the scheme adviser; and

notify the scheme adviser, in writing, as soon as reasonably practicable after any change to the scheme offer.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

a data provider makes, or is required to make, a scheme offer to supply scheme information in relation to a particular make, model and year of scheme vehicle; and

either:

an Australian repairer has a need to access the scheme information for that particular make, model and year of scheme vehicle in carrying on the Australian repairer’s business; or

a scheme RTO has a need to access the scheme information to provide an RTO course; and

the Australian repairer or scheme RTO requests, in writing, the data provider to supply the scheme information about that particular make, model and year of scheme vehicle; and

the Australian repairer or scheme RTO pays, or offers to pay, the scheme price, or another agreed price, for the scheme information.

in accordance with terms and conditions that comply with section 57CC; and

within the period covered by subsection (3).

(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; and

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.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

a term or condition requiring an Australian repairer or scheme RTO to acquire one or more services or products from the data provider or any other person;

a term or condition allowing an increase, after the contract is made, in the price for the supply of the scheme information under the contract;

a term or condition prohibited by the scheme rules.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

an infringement of copyright by the data provider or any other person;

a breach of contract in relation to the supply of the scheme information;

(c) a breach of an equitable obligation of confidence to which the data provider is subject in relation to the supply of the scheme information.

a data provider supplies scheme information to an Australian repairer or scheme RTO under this Part; and

(b) a person (the third party claimant) holds copyright in relation to some or all of the scheme information that is the subject of the supply; and

the supply constitutes or results in an infringement of the copyright of the third party claimant; and

apart from this section, the infringement would constitute an acquisition of property otherwise than on just terms (within the meaning of paragraph 51(xxxi) of the Constitution).

is a debt due by the data provider to the third party claimant; and

may be recovered by action in a court of competent jurisdiction.

the data provider was required to supply the scheme information, or offer to supply the scheme information, under this Part; and

the data provider has paid to the third party claimant the compensation required to be paid under subsection (3).

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

there are reasonable grounds, based on information provided by the Australian repairer or scheme RTO, to believe that the requirements covered by subsection (2) are satisfied in relation to the scheme information for that vehicle; and

the Australian repairer or scheme RTO has provided the required declaration, or declarations, covered by subsection (3) in relation to that vehicle.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

the safety and security information is solely for use by an individual or individuals:

in the case of an Australian repairer—for the purposes of the Australian repairer’s business; or

in the case of a scheme RTO—for the purposes of providing an RTO course; and

based only on personal information about the individual covered by subsection (6), the individual is a fit and proper person to access and use the safety and security information.

if security information is to be supplied—a declaration:

confirming that the Australian repairer or scheme RTO is authorised by the owner of the scheme vehicle to access and use the security information for that vehicle; and

specifying the vehicle identification number of the vehicle; and

in any case, if the scheme rules prescribe a standard in relation to premises at which work is to be carried out on scheme vehicles of that particular make, model and year—a declaration that the premises used by the Australian repairer or scheme RTO comply with that standard.

safety information;

security information.

the individual’s name and residential address;

information about the individual’s relationship to the Australian repairer or scheme RTO (as the case may be);

the individual’s qualifications for using the safety and security information for the applicable purpose mentioned in paragraph (2)(a);

a criminal records check about the individual;

any other information (except sensitive information) prescribed by the scheme rules relevant to working out whether the individual is a fit and proper person to access and use the safety and security information.

the information is about an individual mentioned in paragraph 57DB(2)(a); and

the information is obtained by a data provider for the purpose of determining whether the individual is a fit and proper person to access and use safety and security information; and

(c) the data provider is a small business operator within the meaning of the Privacy Act 1988; and

that Act would not, apart from this section, apply to the data provider in relation to the information about the individual.

the information is about an individual mentioned in paragraph 57DB(2)(a); and

the information is obtained by a data provider for the purposes of determining whether the individual is a fit and proper person to access and use safety and security information.

for a body corporate—1,500 penalty units; and

for a person other than a body corporate—300 penalty units.

for a body corporate—1,500 penalty units; and

for a person other than a body corporate—300 penalty units.

the time and date of supply;

(b) the name and contact details of the Australian repairer or scheme RTO;

any personal information used by the data provider to determine whether an individual is a fit and proper person to access and use the security information;

the vehicle identification number of each vehicle for which the security information is supplied;

details of the security information supplied.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

the nature of the dispute;

the matter that is the subject of the dispute;

the way in which that matter relates to the application of this Part;

what outcome the initiating party wants;

what action the initiating party thinks will resolve the dispute.

attending and participating in meetings at reasonable times;

responding to communications to the party within a reasonable time;

if the party has agreed to use a technical expert in resolving the dispute—considering the opinions of the technical expert;

if a mediation process is being used to try to resolve the dispute—both:

making the party’s intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and

observing any obligations relating to confidentiality that apply during or after the process.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

the party is represented at the mediation by a person who has the authority to enter into an agreement to settle the dispute on behalf of the party;

the party, or the party’s authorised representative mentioned in paragraph (a), participates in the mediation using the technology referred to in subsection (4).

the names of the parties;

the nature of the dispute;

whether the parties attended the mediation;

that the mediation has finished;

that the dispute has not been resolved.

the scheme adviser; and

each of the parties to the dispute.

the cost of the mediator;

the cost of any additional input (including from technical experts) agreed by both parties to be necessary to conduct the mediation.

to nominate mediators or technical experts for the purposes of Division 5 (dispute resolution);

to report to the Minister at any time or by a time specified by the Minister:

(i) on scheme prices, the terms and conditions of scheme offers or the availability of scheme information; and

about whether or not, in the scheme adviser’s opinion, particular information is, or should be, scheme information; and

about any other matter relevant to the operation of this Part;

to report to the Commission about any systemic regulatory or enforcement issues relating to the operation of this Part;

to provide general advice in relation to the application of this Part, but excluding any information obtained in confidence;

(e) to publish on the scheme adviser’s website annual reports about:

the number and type of inquiries and disputes relating to the operation of this Part over the period of a financial year;

the number and type of disputes for which a mediator has been appointed over that period;

resolution rates for disputes for which a mediator has been appointed over that period;

other relevant matters affecting the operation of this Part over the period, including any such matter directed by the Minister in writing;

to provide information online to data providers, Australian repairers and scheme RTOs about the availability of scheme information and dispute resolution under this Part, but excluding any information obtained in confidence.

a subsection;

a section that is not divided into subsections.

a provision of Division 3;

any other provision of this Act, to the extent to which the provision relates to Division 3.

required or permitted by this Part to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act;

subject to section 57DB, authorise or require the disclosure of sensitive information.

Part IVE;

a provision of Part IVE;

for each act or omission to which this section applies that relates to a civil penalty provision of Part IVE described by section 57GA—the number of penalty units for a body corporate set out at the foot of the provision; and

for each act or omission to which this section applies that relates to a civil penalty provision of Part IVE described by section 57GA—the number of penalty units for a person other than a body corporate set out at the foot of the provision; and

a provision of Division 3 of Part IVE;

(iv) a work comprising scheme information within the meaning of Competition and Consumer Act 2010 (which provides for a motor vehicle service and repair information sharing scheme); andPart IVE of the