A data provider is a person or corporation that supplies scheme information to one or more Australian repairers or Registered Training Organisations (RTOs).
Data providers may include:
- car manufacturers
- local distributors
- other affiliates such as data aggregators.
Data providers must:
- offer to supply scheme information and publish it on their website so that is easily accessible and must be free of charge to access. The Scheme Adviser must also be notified of this
- supply scheme information used for diagnostics, services or repairs prepared by or for manufacturers of motor vehicles covered under the scheme
- charge no more than the fair market value to supply scheme information
- in most circumstances, supply scheme information immediately once the repairer or RTO has paid for it with reasonable terms and conditions that do not prevent, restrict, or limit access to this information
- pay compensation to any third parties that hold the copyright to scheme information if they are obligated to share this information under the scheme.
- have an agreement in place between both parties to share scheme information and provided in a format that is easily accessible by repairers and RTOs.
Data providers must not:
- set terms that require repairers and RTOs to acquire one or more services or products to access scheme information
- increase the price after it has been agreed to and the contract is made.
Data providers must separate ‘safety and security information’ from other scheme information to the extent it reasonably can. Only individuals with proper credentials can access such information.
Safety or security information cannot be provided to an individual unless the information:
- is only used for the purposes of a repairer’s business or providing an RTO course, and
- the individual requesting access to such information has passed a ‘fit and proper person’ check to access and use this information.
Each system connected to the following propulsion systems installed in a vehicle is safety information:
- the hydrogen system
- the high voltage system
- the electric propulsion system, or
- any other system connected to the above three types of systems.
Information that involves the vehicle’s mechanical and electrical security system, including the locking and immobilising of the vehicle, is security information. This information is:
- unique to the vehicle
- only used for a limited time.
Significant penalties apply to data providers for failing to comply with the obligations of the scheme.
A failure to comply with the main obligations of the scheme can attract:
- a maximum penalty of $10 million for a body corporate, or
- $500,000 for persons other than a body corporate.
The court will ultimately determine the appropriate penalty amount (up to the maximum) based on individual circumstances.
The ACCC can also issue infringement notices up to 600 penalty units for a body corporate ($133,200) for contraventions of certain obligations.
If a dispute arises, both parties are encouraged to resolve the dispute informally. If a dispute cannot be resolved informally, either party can appoint a mediator to try and resolve the dispute.
If both parties are unable to agree on a mediator, AASRA can nominate a mediator to commence the dispute resolution process. Once a mediator is agreed to between parties, attending mediation is mandatory and failure to attend mediation will attract penalties
Data providers can contact AASRA for more information about dispute resolution.
If data providers have any questions about compliance with the scheme or would like to report on potential compliance issues, contact the MVIS team at the ACCC directly by emailing email@example.com.
Contact AASRA for all other operational enquires.