MANDATORY DATA SHARING LAWS A REALITY
AAAA explains new laws at AAAE
After years of presenting seminars at various Expos and Conferences about the AAAA’s campaign for mandatory data sharing laws, the Association’s Director of Government Relations and Advocacy, Lesley Yates, was excited to explain how the newly passed laws would work to an enthusiastic audience at the recent Australian Auto Aftermarket Expo.
Lesley outlined that the new law was introduced into Parliament on the March 24, 2021, and that the House of Representatives passed it in May before the Senate ratified it in June.
She told the audience that the Australian Competition and Consumer Commission (ACCC) can enforce it and penalties of up to $10 million apply for car manufacturers and importers in breach of the law; and that auto manufacturers and importers must abide by the law from July 1, 2022.
She explained the new law amends the Competition and Consumer Act 2010 to “establish a scheme that mandates that service and repair information provided to car dealership networks and manufacturer preferred repairs be made available for independent repairs and registered training organisations to purchase at a fair market price; and Copyright Act 1968 to provide that the statutory licensing scheme for educational institutions does not apply to such information.”
Lesley highlighted that the principle is to provide fair competition in that independent repairers get access to all information required to diagnose, service and repair a vehicle. The scheme includes access to security information and Electric Vehicles.
She said there is a clear definition of fair and reasonable commercial terms and also a statement about accessible format, meaning “real-time or today.”
Lesley also told the audience that the law outlines the establishment of an industry body to ‘operationalise’ the scheme, explaining that the Government has appointed the Australian Automotive Service and Repair Authority Limited (AASRA) as Scheme Adviser for the mandatory scheme.
Lesley outlined AASRA’s core functions as providing information about the operation of the Scheme such as where to access repair information as well as subscription costs; and facilitating access to safety and security information for Australian repairers and registered training organisations (RTOs).
She said vehicle manufacturers obligations are:
• Offering to supply information used for conducting diagnostic, service or repair activities for scheme vehicles to all Australian repairers and scheme RTOs;
• Charging no more than the fair market value for the information;
• Supplying scheme information (immediately in most circumstances) once the repairer has paid the agreed price; and
• Restricting access to safety and security information to individuals who meet specified access criteria.
She said AASRA would work as per the following:
• AASRA members will pay a fee to be validated as “fit and proper” with the definition of such included in the scheme rules. A validation fee will also be required for ‘EV professionals.’
• The AASRA registration process will be recognised by participating carmakers – their system will ‘know’ what level of information you are validated to access.
• Carmakers will earmark a small portion of their new revenue stream back to AASRA to assist with operating expenses, system updates, and maintenance.
For more information visit www.aaaa.com.au