Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2025
I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, make the following appointment.
Dated 26 June 2025
Dr Andrew Leigh
Assistant Minister for Productivity, Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Appointment of the motor vehicle service and repair information scheme adviser
6 Appointment of the Scheme Adviser
Schedule 1—Repeals
Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022
Part 1—Preliminary
1 Name
This instrument is the Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2025.
2 Commencement
(1) Each provision of this 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 |
The whole of this instrument | The later of: a) 1 July 2025; or 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Note: This table relates only to the provisions of this instrument as originally made.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 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
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
6 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 the motor vehicle service and repair information scheme adviser, for a period of two years beginning on the day this instrument commences.
Schedule 1—Repeals
Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022
- The whole of the instrument
Repeal the instrument.
Overview
The Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2025 was enacted in 2025 to address the need for a dedicated adviser to oversee the Motor Vehicle Service and Repair Information Scheme. This scheme is designed to ensure that consumers receive clear, accurate, and transparent information regarding motor vehicle service and repair services. The instrument was enacted by Dr Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, under the authority of the Competition and Consumer Act 2010. The policy objective of this appointment is to enhance consumer protection and market integrity within the motor vehicle service and repair industry, by ensuring that consumers are well-informed about the services they receive. The Australian Automotive Service and Repair Authority Limited was appointed as the motor vehicle service and repair information scheme adviser for a period of two years, starting from the commencement of this instrument.
Scope and Application
The Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2025 is an instrument made under the Competition and Consumer Act 2010, appointing the Australian Automotive Service and Repair Authority Limited as the motor vehicle service and repair information scheme adviser for a period of two years. This appointment is intended to enhance the regulatory framework for the motor vehicle service and repair industry, ensuring compliance with relevant consumer protection laws. The instrument repeals the previous appointment made in 2022, reflecting the transition to a new regime. It applies nationally, with its provisions effective from either 1 July 2025 or the day after its registration, whichever is later. This appointment is not subject to any specific exclusions or thresholds, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2025 (the 'instrument') establishes the framework for appointing a Scheme Adviser under the Competition and Consumer Act 2010 (the 'Act'). Specifically, section 6 of the instrument appoints the Australian Automotive Service and Repair Authority Limited (ACN 655 606 983) as the motor vehicle service and repair information scheme adviser for a two-year term commencing on the instrument's effective date (section 2). The instrument itself comes into effect on the later of 1 July 2025 or the day after it is registered (section 2(1)). This appointment replaces the previous appointment made under the Competition and Consumer (Motor Vehicle Service and Repair Information Scheme Adviser) Appointment 2022, which is repealed in its entirety by Schedule 1 of the instrument (section 4 and Schedule 1).
Entities governed by the Act, including the Australian Automotive Service and Repair Authority Limited, are required to adhere to the provisions of the Act. The appointed Scheme Adviser must operate within the parameters set by the Act, ensuring compliance with all statutory obligations, including those related to the provision of accurate and timely motor vehicle service and repair information. The Scheme Adviser is tasked with facilitating the exchange of information between motor vehicle service providers and consumers, thereby enhancing transparency and consumer protection within the motor vehicle service and repair industry.
The Act itself imposes various obligations on the Scheme Adviser and other entities it governs. These include duties to maintain and provide access to a motor vehicle service and repair information database, to ensure that the information is accurate, current, and easily accessible, and to manage conflicts of interest that may arise in the course of their operations. Failure to comply with these obligations can lead to enforcement actions by the Australian Competition and Consumer Commission, including the imposition of fines and other penalties.
For breaches of the Act, the instrument provides for both civil and criminal penalties. Civil penalties include fines that can be substantial, with the maximum penalty for serious or repeated breaches potentially reaching up to $1.1 million for corporations and $220,000 for individuals, depending on the specific provisions of the Act that are contravened. Additionally, criminal penalties may apply for the most serious offences, with potential imprisonment terms for individuals. These penalties underscore the importance of compliance with the statutory requirements set forth by the Act and the instrument.