Scheme information—supply on request by Australian repairers or scheme RTOs
57CB Scheme information—supply on request by Australian repairers or scheme RTOs
Scope
This section applies if:
a data provider makes, or is required to make, a scheme offer to supply scheme information in relation to a particular make, model and year of scheme vehicle; and
either:
an Australian repairer has a need to access the scheme information for that particular make, model and year of scheme vehicle in carrying on the Australian repairer’s business; or
a scheme RTO has a need to access the scheme information to provide an RTO course; and
the Australian repairer or scheme RTO requests, in writing, the data provider to supply the scheme information about that particular make, model and year of scheme vehicle; and
the Australian repairer or scheme RTO pays, or offers to pay, the scheme price, or another agreed price, for the scheme information.
Restrictions apply in relation to the supply of scheme information that is safety and security information: see section 57DB.
Supply of scheme information
The data provider must supply the scheme information to the Australian repairer or scheme RTO:
in accordance with terms and conditions that comply with section 57CC; and
within the period covered by subsection (3).
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 (2), the period covered by this subsection:
starts when (at the payment or offer time) the Australian repairer or scheme RTO pays, or offers to pay, the scheme price, or another agreed price, for the scheme information; and
in the circumstances described in column 1 of an item of the following table, ends at the time described in column 2 of that item.
Period for supply of scheme information | ||
|---|---|---|
Item | Column 1 | Column 2 |
If … | the period ends … | |
1 | (a) either: (i) the data provider has previously supplied the scheme information in the form requested to the Australian repairer or scheme RTO, or to any other person; or (ii) the scheme information is readily accessible by the data provider and can be provided in the form requested; and (b) item 2 of this table does not apply | immediately after the payment or offer time. |
2 | paragraph (a) of item 1 of this table applies to the scheme information, but: (a) the scheme information is, or includes, safety and security information; and (b) the data provider has not been given the information required to determine whether or not the scheme information may be supplied under section 57DB; and (c) as a result, the scheme information cannot be provided immediately after the payment or offer time | at the end of 2 business days after the day on which the Australian repairer or scheme RTO provides the required information to the data provider. |
3 | items 1 and 2 of this table do not apply | at the later of the following times: (a) at a time agreed by the data provider and the Australian repairer or scheme RTO; (b) at the end of 5 business days after the payment or offer time. |
Data provider to notify scheme adviser of terms and conditions of supply
If the data provider supplies scheme information to an Australian repairer or scheme RTO under this Part, the data provider must, within 2 business days after the supply, notify the scheme adviser, in writing, of the terms and conditions of the supply, including the price for which the information is supplied.
Civil penalty:
for a body corporate—600 penalty units; and
for a person other than a body corporate—120 penalty units.
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