Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022
I, Michael Sukkar, Assistant Treasurer, Minister for Housing, and Minister for Homelessness, Social and Community Housing, make the following appointment.
Dated 24 February 2022
Michael Sukkar
Assistant Treasurer
Minister for Housing
Minister for Homelessness, Social and Community Housing
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Appointment of the Motor Vehicle Service and Repair Information Scheme Adviser
5 Appointment of the Scheme Adviser
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022.
2 Commencement
(1) Each provision of instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The later of: (a) 1 July 2022; and (b) the day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Competition and Consumer Act 2010.
4 Definitions
Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time.
In this instrument:
ACN has the meaning given by the Corporations Act 2001.
the Act means the Competition and Consumer Act 2010.
Part 2—Appointment of the Motor Vehicle Service and Repair Information Scheme Adviser
5 Appointment of the Scheme Adviser
Under subsection 57FA(2) of the Act, the Australian Automotive Service and Repair Authority Limited (ACN 655 606 983) is appointed as scheme adviser.
Overview
The Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022, enacted under the authority of the Competition and Consumer Act 2010, addresses the need for a specialised role within the motor vehicle service and repair sector to ensure compliance with the statutory requirements of the Act. The problem it seeks to resolve is the facilitation of transparent and informed consumer transactions in the automotive repair industry, aiming to bridge any gaps in knowledge and service quality between consumers and service providers. This instrument was issued by Michael Sukkar, the Assistant Treasurer, and Minister for Housing, Homelessness, Social and Community Housing, and it aligns with the policy objective of enhancing consumer protection within the automotive sector.
The enactment of this instrument by the relevant legislature appoints the Australian Automotive Service and Repair Authority Limited as the scheme adviser, recognising the entity’s capacity to implement and oversee the Motor Vehicle Service and Repair Information Scheme. This appointment is critical to the overarching policy objective of ensuring that consumers receive accurate, timely, and accessible information regarding motor vehicle services and repairs, thereby fostering fair and competitive market practices.
Scope and Application
The Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022, made under the authority of the Competition and Consumer Act 2010, appoints the Australian Automotive Service and Repair Authority Limited (ACN 655 606 983) as the Scheme Adviser for the Motor Vehicle Service and Repair Information Scheme. This instrument commenced on the later of 1 July 2022 or the day after its registration, and its provisions align with the definitions and authorities stipulated in the Competition and Consumer Act 2010. The appointment of the Scheme Adviser is intended to facilitate compliance and enforcement of regulations related to the provision of service and repair information for motor vehicles, ensuring that consumers have access to transparent and accurate information regarding the servicing and repair of their vehicles. This Act applies to entities within the motor vehicle service and repair industry, focusing on the conduct and transactions related to the provision of repair information, and is of national jurisdiction within Australia.
Key Provisions
The main operative sections of this legislation are contained in Part 2, which appoints the Australian Automotive Service and Repair Authority Limited as the Scheme Adviser under subsection 57FA(2) of the Competition and Consumer Act 2010 (the Act). The appointment is effective from the later of 1 July 2022 or the day after the instrument is registered.
The Act imposes specific obligations and requirements on the appointed Scheme Adviser. The primary role of the Scheme Adviser is to administer the Motor Vehicle Service and Repair Information Scheme, which is designed to ensure that consumers receive accurate and reliable information about the service and repair of motor vehicles. This includes maintaining a public register of authorised motor vehicle service and repair businesses and ensuring compliance with the requirements of the Scheme.
There are no explicit offences, penalties, or civil/criminal consequences detailed in this particular instrument for breach of the Scheme Adviser’s duties. However, breaches of the Scheme’s requirements or the Act itself may result in various sanctions under the Competition and Consumer Act 2010, including civil penalty provisions, which can impose significant fines and other penalties for non-compliance. The exact penalties would depend on the nature and severity of the breach, and would be governed by the general provisions of the Act.