IP EXPERT APPLAUDS AAAE

Professor Leanne Wiseman is lobbying for a mandatory data sharing scheme for agricultural machinery

Griffith University Professor of Law and ARC Future Fellow, Leanne Wiseman, has been a long-time supporter of the AAAA in its fight for fair competition in the automotive aftermarket.
A long-time ally of the AAAA in the fight for this mandatory data sharing legislation, Professor Wiseman is not only a highly respected law Professor, but also Director of The Australian Repair Network and Associate Director of the Australian Centre for Intellectual Property in Agriculture (ACIPA).
Professor Wiseman was in attendance at the Australian Auto Aftermarket Expo, paying particular attention to the presentations and education made available around the mandatory data sharing scheme for the automotive industry.
“I decided to attend the Expo as I was very excited to hear Australia’s first right to repair law being presented by (AAAA Director of Government Relations and Advocacy) Lesley Yates, and Lesley had also organised Donny Seyfer, the Executive Director of the America-based National Automotive Service Task Force (NASTF) to talk about America’s data sharing scheme,” Professor Wiseman said.
“I was very interested to learn about the new scheme and the establishment of scheme advisor, the Australian Automotive Service and Repair Association (AASRA), at what is quite a monumental time for the industry with the scheme coming into force on July 1.
“It was a really interesting expo, and it was the first in-person, large scale event I had attended for a couple of years since COVID. There were lots of opportunities to learn about the industry, the scheme with Lesley’s Open and Fair Competition in Australia seminar and Donny’s seminars on the American system, and also what is happening with electric vehicles and the challenges they are presenting.
“It was a very informative visit, and extremely valuable to learn more about the Australian auto industry and how it has achieved the success it has in relation to having legislation passed and achieving regulatory reform in relation to fairer competition in the automotive aftermarket.”
Professor Wiseman is championing similar reform for the farming industry.
“The ACCC’s Agricultural Machinery Market Study Final Report was released on the 4th of May 2021 and recommended that agricultural machinery either be brought under the mandatory data sharing scheme for automotive repair, or have its own standalone legislation to mandate the sharing of diagnostic software by agricultural machinery manufacturers to enable farmers to get the information they need to repair their tractors and farm equipment,” Professor Wiseman said.
“On the 1st of December 2021, the final report of the Productivity Commission on the Right to Repair endorsed the ACCC findings that agricultural machinery should be brought under a similar data sharing scheme.
“The National Farmers Federation also made a submission to the Productivity Commission showing its support for a right to repair scheme for agricultural machinery.”
“So obviously it was helpful to gain a further understanding at the Expo of how the scheme is working and being developed in the automotive aftermarket, informing our work around what an agricultural right to repair scheme might look like, and how the existence of an independent authority such as AASRA would operate, as well as the overall merits and challenges associated with the scheme and how that would play out in respect to agricultural machinery.
“Obviously, there is a lot of work to be done with the government as to how such a scheme will be implemented in the agricultural sector.
“The Productivity Commission recommended that the scheme be introduced by the end of 2022, so it is important that the government starts to engage with these recommendations and starts to investigate a scheme around agricultural machinery repair.
“The Australian Repair Network is bringing together stakeholders who are interested in right to repair to make sure these recommendations are implemented for the benefit of Australian farmers and the agricultural industry more generally. Anyone who is interested is invited to join or contact me with any questions.”

For more information on The Australian Repair Network, visit www.griffith.edu.au/law-futures-centre/our-research/repair-australia or contact Professor Wiseman on l.wiseman@griffith.edu.au