The Motor Vehicle Information Scheme (MVIS), comes into effect on 1 July 2022 and will increase competition and choice for consumers about where they have their cars serviced and repaired.
The Competition and Consumer Amendment (Motor Vehicle Service and Repair Information Sharing Scheme) Act 2021 requires motor vehicle service and repair information to be made available for purchase by Australian repairers at a fair market price.
Under the mandatory scheme, independent Australian motor vehicle repairers will have fair access to the information needed to service and repair cars. This includes software updates to connect a new spare part with a car, or information and codes for computerised systems from a car manufacturer.
Previously, only car manufacturers and their affiliated repairers were able to access important service and repair information, preventing many independent repairers from competing fairly for car servicing and repair work. This created additional costs for consumers, as well as inconvenience and delays.
The new law, which amends the Competition and Consumer Act (CCA), will initially apply to passenger vehicles and light goods vehicles other than omnibuses, manufactured on or after 1 January 2002.
It does not apply to 2 or 3 wheeled vehicles, farm, construction or heavy vehicles, motor homes or buses.
These changes to the automotive servicing sector adopt recommendations from the ACCC’s new car retailing industry market study.
The ACCC will have a broad oversight and enforcement role. We have established a dedicated team to ensure the industry has a clear understanding of the ACCC’s role and functions, and will closely monitor the implementation of and compliance with the scheme.
Our objectives are to:
- ensure data providers, such as motor vehicle manufacturers, understand their obligations
- monitor the implementation of and compliance with the scheme
- educate and provide guidance to industry stakeholders and data providers
- work collaboratively with the Scheme Adviser to increase awareness and educate businesses.
The Scheme Adviser will be a joint industry-led body appointed by the Minister to support the scheme.
The Scheme Adviser will be responsible for:
- dispute resolution
- sharing information about the scheme online
- providing reports about the operation of the scheme, including reporting to the ACCC on any systemic regulatory or enforcement issues.
It also has the role of educating repairers about the scheme and providing information about the scheme online.
The scheme provides a fairer opportunity for independent repairers to compete, improving outcomes for consumers.
With greater competition consumers can shop around for an independent repairer that offers the best price, service and convenience, knowing they will all have access to the information needed to complete the servicing or repair.
The scheme does not provide consumers with direct access to service and repair information. However, it does not prevent car manufacturers from sharing information with consumers. Safety and security information can only be accessed by repairers who meet the access criteria.
Once the legislation commences on 1 July 2022 data providers, such as motor vehicle manufacturers, will be required to provide information to independent repairers necessary for conducting diagnostics, servicing or repair activities at a fair market price.
This reform creates a fairer opportunity for Australian motor vehicle repairers to compete in this industry. Independent repairers will be able to access information used to diagnose faults, service and repair vehicles as supplied to the market.
Independent repairers will also be able to access safety and security information, provided they meet the safety and security criteria prescribed by the scheme rules. Data providers are unable to supply safety and security information if the relevant criteria are not met.
Penalties apply for failure to comply with the main obligations of the scheme and the ACCC will have a number of enforcement tools available. These will range from infringement notices to commencing legal proceedings in the Federal Court alleging that individuals or companies have breached the CCA.
Guidance to assist the industry comply with the legislation will be released in early 2022.
Subscribe to the Small Business Information Network (SBIN) for updates about the ACCC’s role and function in the scheme.
Data providers can contact the Motor vehicle information scheme team: email@example.com
Repairers can contact the Scheme Adviser from 1 July 2022. In the meantime, please contact our Infocentre if you have any questions about the scheme.