Competition and Consumer Act 2010

This section applies if a data provider supplies, or offers to supply, scheme information of one or more kinds in relation to one or more kinds of scheme vehicles to one or more Australian repairers or scheme RTOs.

The data provider must make an offer (a scheme offer) to supply, on terms and conditions that comply with section 57CC, the same scheme information in relation to that kind, or those kinds, of vehicle to all Australian repairers and scheme RTOs:

in the same form in which it is supplied or offered for supply under subsection (1); or

if supply in that form is not practicable or accessible—in an electronic form that is reasonably accessible to all Australian repairers and scheme RTOs.

A pecuniary penalty of up to $10,000,000 may be imposed for a contravention of this subsection: see section 76.

Restrictions apply in relation to the packaging and supply of scheme information that is safety and security information: see section 57DB.

If the form in which scheme information is supplied allows for variability in the period for which the information is supplied, the data provider must make the scheme offer on terms and conditions that include provision for the supply of the scheme information:

for any period nominated by an Australian repairer or scheme RTO; or

by day, by month and by year.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

The data provider must make a scheme offer for the supply of the scheme information in relation to a particular make, model or year of scheme vehicle at a price (the scheme price) that does not exceed the fair market value of the information, as determined by reference to matters including those covered by subsection (5).

A pecuniary penalty of up to $10,000,000 may be imposed for a contravention of this subsection: see section 76.

For the purposes of subsection (4), this subsection covers the following matters:

the price charged to other Australian repairers and scheme RTOs for supplying scheme information (whether under this Part or otherwise) in relation to a scheme vehicle:

of that particular make, model and year; or

if pricing is not available for information in relation to a scheme vehicle of that particular make, model and year—pricing for information in relation to a scheme vehicle of a similar make, model and year;

the terms and conditions on which such scheme information is offered for supply to Australian repairers and scheme RTOs (whether under this Part or otherwise), including as to the permitted use of the information, the means of access to the information, the number of permitted users, and the frequency or duration of use of the information;

the anticipated demand by Australian repairers and scheme RTOs for supply of the scheme information on the basis of the scheme offer;

the reasonable recovery of costs incurred in creating, producing and providing the scheme information for supply on the basis of the scheme offer;

the price charged for the supply of information similar to scheme information in overseas markets;

the amount (if any) payable by the data provider to any person who has a proprietary interest in the scheme information.

A data provider must pay compensation to a person whose copyright is infringed by a supply of scheme information: see subsection 57CD(3).

The data provider must publish the scheme offer:

in English; and

on the internet; and

in a form that is accessible free of charge.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.

The data provider must:

as soon as reasonably practicable after it publishes a scheme offer under subsection (6)—provide a copy of the scheme offer, in writing, to the scheme adviser; and

notify the scheme adviser, in writing, as soon as reasonably practicable after any change to the scheme offer.

for a body corporate—600 penalty units; and

for a person other than a body corporate—120 penalty units.