{"id":"F2021L01464","name":"Competition and Consumer (Motor Vehicle Service and Repair Information Sharing Scheme) Rules 2021","slug":"competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441048,"registerId":"F2021L01464-fast-fetch-1775956472713","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer (Motor Vehicle Service and Repair Information Sharing Scheme) Rules 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCompetition and Consumer (Motor Vehicle Service and Repair Information Sharing Scheme) Rules 2021\n\nI, Michael Sukkar, Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing, make the following rules.\n\nDated 25 October 2021\n\nMichael Sukkar\n\nAssistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Safety and security information\n\n5 Meaning of safety information\n\n6 Meaning of security information\n\nPart 3—Information management\n\n7 Prescribed safety and security criteria for an individual to be a fit and proper person\n\n8 Personal information relevant to working out whether an individual is a fit and proper person\n\n9 Circumstances in which personal information may be sought\n\n10 Circumstances in which other information may be sought\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Competition and Consumer (Motor Vehicle Service and Repair Information Sharing Scheme) Rules 2021.\n\n2  Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2022. 1 July 2022\n\n\nNote: 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.\n\n (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.\n\n3  Authority\n\n  This instrument is made under section 57GE of the Competition and Consumer Act 2010.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) scheme information;\n\n(b) scheme vehicle.\n\n  In this instrument:\n\nABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\nACIC means the agency established by the Australian Crime Commission Act 2002 that is known as the Australian Criminal Intelligence Commission.\n\nAct means the Competition and Consumer Act 2010.\n\nmotor vehicle component means:\n\n (a) a component of a motor vehicle; or\n\n (b) a unique identifier for a motor vehicle (including a vehicle identification number) or a component of a motor vehicle (including an engine number); or\n\n (c) a vehicle registration number or plate.\n\nnational police check means a criminal records check that is:\n\n (a) a national police check undertaken by the Australian Federal Police; or\n\n (b) a nationally coordinated criminal history check provided by the ACIC.\n\nnational police check report means:\n\n (a) a National Police Certificate issued by the Australian Federal Police; or\n\n (b) a nationally coordinated criminal history check results report issued by the ACIC or an accredited body (within the meaning of the Australian Crime Commission Act 2002).\n\nrepairer licence, of an individual, means a licence or registration that:\n\n (a) authorises the individual:\n\n (i) to diagnose, repair, service, modify or dismantle a scheme vehicle; or\n\n (ii) to operate a business that diagnoses, repairs, services, modifies or dismantles a scheme vehicle; and\n\n (b) was issued or renewed under a law of a State or Territory requiring:\n\n (i) the individual’s fitness to hold the licence or registration to be assessed; and\n\n (ii) the assessment to take into account a recent national police check report about the individual.\n\nPart 2—Safety and security information\n\n \n\n5  Meaning of safety information\n\nKind of information relating to a system that is safety information for a scheme vehicle\n\n (1) For the purposes of subsection 57BF(2) of the Act, the kind of information prescribed for a system that is one of the following is all scheme information relating to that system:\n\n (a) the hydrogen system;\n\n (b) the high voltage system;\n\n (c) the electric propulsion system;\n\n (d) a system connected to the hydrogen system, the high voltage system or the electric propulsion system.\n\nNote: If, for example, the hybrid system installed in a scheme vehicle is connected to the high voltage system, all scheme information relating to the hybrid system is safety information for the scheme vehicle under paragraph (d). However, if the hybrid system is not connected to the hydrogen system, the high voltage system or the electric propulsion system, scheme information relating to the hybrid system is not safety information for the scheme vehicle.\n\nAdditional prescribed systems\n\n (2) For the purposes of paragraph 57BF(2)(e) of the Act, each system connected to any of the following systems is prescribed:\n\n (a) the hydrogen system;\n\n (b) the high voltage system;\n\n (c) the electric propulsion system.\n\n6  Meaning of security information\n\n  For the purposes of subsection 57BF(3) of the Act, the kind of information prescribed for the mechanical and electrical security system installed in a scheme vehicle is all scheme information:\n\n (a) that relates to the security of the vehicle (including the locking and immobilising of the vehicle); and\n\n  (b) that is either or both of the following:\n\n (i) unique to the vehicle;\n\n (ii) only usable for a limited period of time.\n\nPart 3—Information management\n\n \n\n7  Prescribed safety and security criteria for an individual to be a fit and proper person\n\n (1) For the purposes of subsection 57DB(4) of the Act, the following criteria are prescribed for an individual to be a fit and proper person to access and use safety and security information:\n\n (a) the individual’s relationship to the Australian repairer or scheme RTO (as the case may be) is appropriate for the purposes of ensuring that the safety and security information is solely used for the applicable purpose mentioned in paragraph 57DB(2)(a) of the Act;\n\n (b) if the information to be supplied is or includes safety information—the criteria in subsection (2);\n\n (c) if the information to be supplied is or includes security information—the criteria in subsection (3).\n\nSafety information criteria\n\n (2) The criteria for accessing and using safety information are the following:\n\n (a) if the information is or includes safety information relating to the hydrogen system, or to a system connected to the hydrogen system, installed in a scheme vehicle—the individual has successfully completed training that:\n\n (i) teaches competency in safely working on a scheme vehicle of that kind with that hydrogen system installed; and\n\n (ii) is provided by, or on behalf of, a manufacturer of that kind of scheme vehicle or that system;\n\n (b) if the information is or includes safety information relating to the high voltage system or electric propulsion system, or to a system connected to one of those systems, installed in a scheme vehicle—the individual has successfully completed training that:\n\n (i) teaches competency in safely depowering, isolating and re‑initialising a high voltage battery installed in a scheme vehicle; and\n\n (ii) is provided by a scheme RTO or provided by, or on behalf of, a manufacturer of one of those systems or a scheme vehicle in which one of those systems is installed.\n\nSecurity information criteria\n\n (3) The criteria for accessing and using security information are either:\n\n (a) the individual:\n\n (i) has a national police check report about the individual that is dated no earlier than 2 years before the information is requested and that does not show a conviction of the individual for an offence covered by subsection (4); and\n\n (ii) has declared in writing that the individual has not been convicted of an offence since the date of the report; or\n\n (b) the individual:\n\n (i) holds a repairer licence that was issued or renewed no earlier than 2 years before the information is requested; and\n\n (ii) has declared in writing that the individual has not been convicted of an offence since the date of the national police check report about the individual that was taken into account when the repairer licence was issued or renewed (as the case may be).\n\nNote: If the individual has been convicted of an offence since the date of the relevant national police check report, the individual will not be able to give the declaration required by subparagraph (a)(ii) or (b)(ii) of this subsection. If the individual does not give one of those declarations, a new national police check about the individual may be sought, see subsections 9(5) and (6).\n\n If the individual has not been convicted of an offence since the date of the new national police check report about the individual, the individual may satisfy the criterion in paragraph (a) of this subsection by giving the declaration in subparagraph (a)(ii). The individual will not be able to satisfy the criterion in paragraph (b) in this case.\n\nRelevant offences for security information criteria\n\n (4) For the purposes of subparagraph (3)(a)(i), a conviction of the individual for an offence is covered by this subsection if:\n\n (a) the offence (however described) involved theft, and a custodial sentence was imposed; or\n\n (b) the offence (however described) involved theft of a motor vehicle, or of a motor vehicle component, and no custodial sentence was imposed; or\n\n (c) the offence (however described) is not covered by paragraph (a) or (b) of this subsection but involved:\n\n (i) deception, fraud or dishonesty; or\n\n (ii) tampering with a motor vehicle or a motor vehicle component;\n\n  whether or not a custodial sentence was imposed.\n\nSpent convictions scheme not affected\n\n (5) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).\n\n8  Personal information relevant to working out whether an individual is a fit and proper person\n\n  For the purposes of paragraph 57DB(6)(e) of the Act, information relating to a repairer licence of an individual is prescribed.\n\nNote: Personal information about an individual covered by subsection 57DB(6) of the Act may be used to satisfy the requirement that the individual is a fit and proper person to access and use safety and security information.\n\n9  Circumstances in which personal information may be sought\n\n (1) For the purposes of subsection 57DB(7) of the Act, this section sets out circumstances in which personal information about an individual covered by subsection 57DB(6) of the Act may be sought. Personal information of that kind may not be sought otherwise than as provided for in this section.\n\nNote 1: The entity seeking personal information may not be the data provider. For example, the data provider may provide scheme information for use by the individual through a third party.\n\nNote 2: The collection, use and disclosure of the personal information covered by this section must also be in accordance with the Privacy Act 1988. The data provider must also comply with sections 57DC and 57DD (about use, disclosure, storage etc.) of the Act if the information is sensitive information.\n\nName, residential address and Australian repairer/RTO relationship\n\n (2) The following personal information about an individual may be sought in the form of a written declaration each time safety and security information is requested for use by the individual:\n\n (a) the individual’s name and residential address;\n\n (b) information about the individual’s relationship to the Australian repairer or scheme RTO (as the case may be).\n\nQualifications\n\n (3) The qualifications of an individual referred to in paragraph 7(2)(a) or (b) (about safety training) may be sought each time safety information is requested for use by the individual. This information may be sought in the form of a written declaration.\n\n (4) Evidence of the qualifications may be sought if evidence of the qualifications has not previously been provided to the entity from which the information is sought or a representative of the entity.\n\nCriminal records check\n\n (5) A criminal records check about an individual may be sought when security information is requested for use by the individual if the check is a national police check.\n\n (6) However, a national police check about the individual may not be sought if:\n\n (a) the entity from whom the information is sought or a representative of the entity:\n\n (i) is, or has previously been, provided with a national police check report about the individual dated no earlier than 2 years before the request; or\n\n (ii) is, or has previously been, provided with evidence that the individual holds a repairer licence that was issued or renewed no earlier than 2 years before the request; and\n\n (b) the entity or representative is provided with a written declaration made by the individual for the purposes of satisfying the applicable paragraph in subsection 7(3).\n\nRepairer licence\n\n (7) Details of a repairer licence held by an individual may be sought each time security information is requested for use by the individual. The details may be sought in the form of a written declaration.\n\n (8) Evidence of the repairer licence may be sought if evidence of the repairer licence has not previously been provided to the entity from which the information is sought or a representative of the entity.\n\nGiving of personal information\n\n (9) This section does not limit the circumstances in which personal information covered by subsection 57DB(6) of the Act may be given.\n\nNote: The collection, use and disclosure of personal information covered by that subsection must be in accordance with the Privacy Act 1988.\n\n10  Circumstances in which other information may be sought\n\n  The following information may be sought in the form of a written declaration each time safety and security information is requested for use by an individual:\n\n (a) where the information is to be used for the purposes of an Australian repairer—the name and ABN of the repairer;\n\n (b) where the information is to be used for the purposes of providing an RTO course—the name and ABN of the RTO.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument operationalises and narrows the information‑sharing scheme established under the Competition and Consumer Act by specifying which technical items count as safety or security information and by setting access criteria and evidentiary requirements. It does not broaden the scheme’s subject‑matter beyond the original purpose of authorising regulated sharing of motor vehicle service and repair information; rather, it limits access through training and vetting rules and defines administrative steps for requesters and data holders (see ss5–10). There is no textual indication that the instrument extends the legislative scope beyond those objectives."},"complexity_factors":["Short instrument: 10 substantive rules across 3 Parts (Preliminary; Safety and security information; Information management).","7 defined terms included in this instrument (ABN, ACIC, Act, motor vehicle component, national police check, national police check report, repairer licence) plus reliance on definitions in the Act (e.g. scheme information, scheme vehicle) (s4).","Multiple cross‑references to the Competition and Consumer Act 2010 (subsections 57BF, 57DB, 57DC, 57DD) and to other statutes (Privacy Act 1988; Crimes Act 1914; Australian Crime Commission Act 2002) increasing external dependencies (s3, notes to s4 and s9, s7(5)).","Conditional and branching rules: different criteria apply depending on whether information is safety or security information (s7); within safety, separate training standards for hydrogen systems versus high‑voltage/electric propulsion systems (s7(2)); nested condition about connected systems that can expand what counts as safety information (s5(1)–(2)).","Temporal conditions: police check and repairer licence must be dated no earlier than 2 years before request, and provisions about when fresh checks may or may not be required (s7(3); s9(5)–(6)).","Verification exceptions and procedural rules: written declarations accepted in many cases but evidence may be requested if not previously provided (s9(2)–(4), s9(7)–(8)), requiring recordkeeping and case‑by‑case assessment.","Explicit interaction with spent convictions relief under the Crimes Act means assessment of disclosure obligations is not purely mechanical (s7(5))."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Gives detailed rules about what kinds of vehicle information are treated as \"safety information\" and \"security information\" for the motor vehicle service and repair information‑sharing scheme (see s5–6).\n- Sets the conditions an individual must meet to be a \"fit and proper person\" to access safety and security information (training for safety info; criminal‑history or repairer‑licence checks for security info) (see s7).\n- Lists the personal information and documentary evidence that may be requested when someone asks for safety or security information (name, address, relationship to the repairer or training provider, qualifications, national police check or repairer licence details) and when those items may be re‑requested (see s8–9).\n- Allows the requester to seek the name and ABN of the Australian repairer or registered training organisation (RTO) associated with the information request (s10).\n- Signals privacy and other statutory controls remain in force: requests and handling must comply with the Privacy Act 1988 and with parts of the Competition and Consumer Act referred to in the instrument (see notes to s9 and s7(5)).\n\nKey definitions used in the rules\n\n- \"Safety information\" is defined narrowly to cover systems that present significant safety risk: hydrogen systems, high‑voltage systems, electric propulsion systems, and any systems connected to those (s5).\n- \"Security information\" is defined to cover mechanical or electrical vehicle security data that is unique to a vehicle or usable only for a limited time (s6).\n- The instrument also defines terms used for checks and credentials such as \"national police check\" and \"repairer licence\" (s4).\n\nWho is affected and how\n\n- Independent mechanics, dealership technicians, training organisations (RTOs), vehicle manufacturers and any business that needs access to vehicle safety/security data are directly affected.\n- Individuals seeking access must either complete specified training (for safety information) or hold or be able to produce recent criminal‑history checks or a recently issued/renewed repairer licence and a signed declaration (for security information) (s7).\n- Data holders (manufacturers, authorised providers) will be required to collect, verify and retain certain personal and documentary information from requesters each time relevant information is requested (s9–10). They must also observe privacy and Act obligations.\n\nWhy it matters (stated purpose and mechanical trade‑offs)\n\n- Stated purpose: to protect public safety and vehicle security by limiting access to sensitive service and repair information to suitably trained and vetted persons while still enabling legitimate repair and training activity (see s5–7).\n\nPractical consequences, costs and incentives (mechanisms, not value judgements)\n\n- Who pays: Individuals and repair businesses bear direct costs for meeting the access criteria — training fees, time, and possibly national police checks. RTOs and manufacturers may capture demand for required training or verification services (s7(2), s9).\n- Who decides: The entity supplying the scheme information (or its representative) decides whether supplied declarations and evidence meet the criteria and may request fresh evidence where allowed (s9(4)–(6)).\n- Behaviour changes: Independent repairers who want access to high‑voltage or hydrogen‑system information will likely obtain specified training and maintain up‑to‑date police checks or licences. Data holders may centralise verification processes.\n- Compliance and administrative cost: Data providers must verify and store personal and sensitive information in compliance with the Privacy Act and the Act’s requirements on use and disclosure of sensitive scheme information (notes to s9; cross‑refs to ss57DC–57DD of the Act).\n- Timing and operational risk: Reliance on national police checks (with a 2‑year freshness window) and state/territory repairer licences may introduce processing delays and require cross‑jurisdictional recognition of licences (s7(3), s9(5)–(6)).\n\nOther concrete legal constraints and protections\n\n- The rules preserve the operation of the spent convictions regime in the Crimes Act 1914 (so some convictions may not need to be disclosed) (s7(5)).\n- The instrument relies on, and cross‑references, multiple provisions of the Competition and Consumer Act 2010 and the Privacy Act; those statutes continue to govern use, disclosure and storage of any collected personal and sensitive information (s3, notes in s4 and s9).\n\nHow the instrument implements its objectives (short test against trade‑offs)\n\n- It narrows sensitive categories (s5–6) to reduce over‑broad restrictions while attaching stricter access controls (training; police checks/licences) to those narrowly defined categories (s7). The trade‑off is higher compliance and training costs for would‑be users in exchange for limiting exposure of safety‑critical and security‑sensitive system data.\n\nRelevant sections: definitions and commencement (s4; commencement table), safety (s5), security (s6), fit and proper criteria (s7), personal information and evidence (s8–9), and additional requester details (s10)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation appears to be operating within its original intended scope. It is a disallowable legislative instrument made under section 57GE of the Competition and Consumer Act 2010, specifically created to operationalise the Motor Vehicle Service and Repair Information Sharing Scheme established by that Act. The Rules do not expand beyond the framework established by the parent Act; rather, they prescribe specific details (fit and proper person criteria, definitions of safety/security information) that the Act explicitly authorises. The substance remains focused on information sharing governance for the automotive repair sector as originally contemplated."},"complexity_factors":["Heavy reliance on defined terms from the parent Act (Competition and Consumer Act 2010), including 'scheme information' and 'scheme vehicle' which are not defined in this instrument","Nested conditional logic in section 7 with multiple tiers: general criteria → safety-specific criteria OR security-specific criteria → detailed training requirements OR police check alternatives → specific offence categories","Cross-referencing to external legislation including the Crimes Act 1914 (spent convictions), Privacy Act 1988, and Australian Crime Commission Act 2002","Time-bound conditions (2-year validity periods for police checks and licences) that create ongoing compliance obligations","Dual pathways for satisfying security criteria (direct police check vs. repairer licence) with different evidentiary requirements","Specific technical definitions for 'motor vehicle component' that include unique identifiers and registration plates"],"plain_english_summary":"Car makers must share technical repair and diagnostic information with independent mechanics and training organisations, but sensitive safety (high‑voltage batteries, hydrogen systems) and security (locks, immobilisers, codes) data is gatekept. Access requires proof of appropriate training for safety material and a recent police check or valid repairer licence plus a declaration for security material. The law aims to let independents compete while preventing misuse of dangerous or theft‑enabling technical details."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021","history":"/api/acts/competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021/history","analysis":"/api/acts/competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021/analysis","conflicts":"/api/acts/competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021/conflicts","importantCases":"/api/acts/competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021/important-cases","documents":"/api/acts/competition-and-consumer-motor-vehicle-service-and-repair-information-sharing-scheme-rules-2021/documents"}}