{"id":"fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014","name":"Fair Trading (Motor Vehicle Industry Dispute Resolution Code) Regulations 2014","slug":"fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235483,"registerId":"sa-fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Motor Vehicle Industry Dispute Resolution Code) Regulations 2014","content":"South Australia\nFair Trading (Motor Vehicle Industry Dispute Resolution Code) Regulations 2014\nunder the Fair Trading Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescription of code\n5\tContravention of code subject to civil penalty\n6\tFee for mediation under code\nSchedule 1—Motor Vehicle Industry Dispute Resolution Code\n1\tShort title\n2\tInterpretation\n3\tApplication of code\n4\tDispute resolution\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fair Trading (Motor Vehicle Industry Dispute Resolution Code) Regulations 2014.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Fair Trading Act 1987;\ncivil penalty contravention has the same meaning as in Part 7 Division 3A of the Act;\ncode means the Motor Vehicle Industry Dispute Resolution Code 2014 set out in Schedule 1;\nCommissioner means the Small Business Commissioner.\n4—Prescription of code\n\t(1)\tThe code is prescribed as an industry code for the purposes of Part 3A of the Act.\n\t(2)\tThe Small Business Commissioner is responsible for the administration of the code and for the administration of Part 3A of the Act in relation to the code.\n5—Contravention of code subject to civil penalty\n\t(1)\tA contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act.\n\t(2)\tThe expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code is—\n\t(a)\tin the case of a body corporate—$4 000; and\n\t(b)\tin the case of a natural person—$500.\n6—Fee for mediation under code\n\t(1)\tIf an authorised officer arranges for mediation of a dispute under the code with the agreement of the parties to the dispute, each of the parties must pay a fee of $195 for each day, or part of a day, on which the mediation occurs.\n\t(2)\tA fee payable by a person under subregulation (1) is recoverable as a debt due to the Crown.\n\t(3)\tThe Commissioner may waive a fee payable by a person under subregulation (1) if satisfied that it is appropriate to do so in a particular case.\nSchedule 1—Motor Vehicle Industry Dispute Resolution Code\n1—Short title\nThis code may be cited as the Motor Vehicle Industry Dispute Resolution Code 2014.\n2—Interpretation\nIn this code—\nalternative dispute resolution procedure does not include arbitration;\nmotor vehicle has the same meaning as in the Motor Vehicles Act 1959;\nmotor vehicle business means the business of manufacturing, distributing, supplying, acquiring, repairing or restoring motor vehicles or motor vehicle parts or accessories;\nparticipant in the motor vehicle industry means a person engaged in—\n\t(a)\tmotor vehicle business; or\n\t(b)\tbusiness having a connection to motor vehicle business; or\n\t(c)\tbusiness involving the supply of goods or services to persons engaged in motor vehicle business if the supply occurs in connection with the motor vehicle business.\n3—Application of code\nThis code applies to a dispute between a participant in the motor vehicle industry and—\n\t(a)\tanother participant in the motor vehicle industry; or\n\t(b)\ta person to whom goods or services are or may be supplied by the participant,\nin connection with the acquisition or supply, or the potential acquisition or supply, of goods or services relating to motor vehicle business.\n4—Dispute resolution\n\t(1)\tIf the Commissioner is satisfied, on written application by a party to a dispute to which this code applies—\n\t(a)\tthat the party has made a reasonable attempt to resolve the dispute; and\n\t(b)\tthat the subject matter of the dispute is not frivolous or vexatious,\nan authorised officer may notify the parties to the dispute in writing that he or she is commencing an alternative dispute resolution procedure in relation to the dispute in accordance with this code.\n\t(2)\tIf an alternative dispute resolution procedure is commenced under this code, a party to the dispute, or another person authorised in writing to attend or participate in the procedure on his or her behalf, must attend or otherwise participate in the procedure, as required by the authorised officer.\n\t(3)\tA person participating in an alternative dispute resolution procedure—\n\t(a)\tmust act reasonably, fairly, honestly and cooperatively; and\n\t(b)\tmust not mislead, harass, intimidate or oppress another party to the dispute.\n\t(4)\tA person participating in an alternative dispute resolution procedure must comply with any reasonable request made by the authorised officer in connection with the officer's attempt to assist the parties in the resolution of the dispute, including, without limitation, a request to do 1 or more of the following:\n\t(a)\texchange information relevant to the dispute with the other party;\n\t(b)\tanswer questions in respect of matters relevant to the dispute;\n\t(c)\tattend meetings;\n\t(d)\tparticipate in mediation or another form of alternative dispute resolution.\n\t(5)\tAn authorised officer conducting an alternative dispute resolution procedure may request that a person participating in the procedure be a person who is authorised to resolve the dispute.\n\t(6)\tA request made by an authorised officer under subclause (4) or (5) must be complied with as soon as reasonably practicable, and, in any event, in the case of a written request, within 14 days of the date of the request or such longer period as is allowed by the authorised officer.\n\t(7)\tThe authorised officer conducting an alternative dispute resolution procedure may, for the purposes of attempting to resolve the dispute—\n\t(a)\trefer the dispute to mediation; or\n\t(b)\tafter consultation with the parties—appoint a person able to provide expert advice on matters relevant to the dispute to assist the officer.\n\t(8)\tThe parties to a dispute are equally liable for the costs of expert advice provided under subclause (7)(b) unless they agree to a different apportionment of the costs.\n\t(9)\tAn authorised officer may suspend (for a specified time or until further notice) or terminate a dispute resolution procedure if the dispute is the subject of—\n\t(a)\tproceedings before a court or tribunal; or\n\t(b)\tarbitration; or\n\t(c)\tanother alternative dispute resolution procedure.\n\t(10)\tAn authorised officer may terminate a dispute resolution procedure if the officer forms the view that—\n\t(a)\tthere is no reasonable prospect of resolving the dispute; or\n\t(b)\tthe subject matter of the dispute is frivolous or vexatious.\n\t(11)\tFollowing the completion of a dispute resolution procedure, the authorised officer who conducted the procedure must provide the parties with a certificate stating—\n\t(a)\tthe names of the parties; and\n\t(b)\tthe nature of the matters in dispute; and\n\t(c)\tif the procedure has been terminated under subclause (9) or (10)—that the procedure has been terminated without resolution; and\n\t(d)\tif the dispute has been resolved—the terms of the resolution.\n\t(12)\tUnless the authorised officer and the parties otherwise agree in writing, any communication made, or document prepared (including a certificate provided under subclause (11)), in connection with an alternative dispute resolution procedure under this code must be treated as confidential.\n\t(13)\tHowever, a certificate provided under subclause (11) may be produced before a court or tribunal.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2014\n26\nGazette 30.1.2014 p430 \n30.1.2014: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow focus on establishing a dispute resolution framework for the motor vehicle industry. The scope has not expanded beyond this purpose — the regulations simply prescribe the code, set administrative fees, and establish penalty provisions as intended from inception."},"complexity_factors":["Short, focused instrument with only 6 regulations plus a 4-section schedule","Minimal cross-referencing — primarily links to Fair Trading Act 1987 and Motor Vehicles Act 1959 for definitions","Straightforward conditional structure in dispute resolution process (single-level conditions, no nested exceptions)","Only 8 defined terms across the entire instrument","Clear procedural rules with specific timeframes (14-day response requirement)","No complex mathematical formulas, deeming provisions, or retrospective operation"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a formal process for resolving disputes in South Australia's motor vehicle industry. They establish the *Motor Vehicle Industry Dispute Resolution Code* — a set of rules that businesses in this sector must follow when disagreements arise.\n\n**Who it affects:**\n\n- **Motor vehicle businesses** — anyone manufacturing, selling, repairing, or supplying parts for vehicles\n- **Their customers** — people buying vehicles or services from these businesses\n- **Industry participants** — businesses connected to the motor vehicle trade, including suppliers\n\n**How it works:**\n\n- If a dispute arises, either party can apply to the **Small Business Commissioner** (a government officer who helps resolve business disputes)\n- The Commissioner can arrange **mediation** (a structured negotiation with a neutral helper) or other dispute resolution methods\n- Both parties must participate in good faith — they must be honest, cooperative, and not bully or mislead each other\n- Each party pays **$195 per day** for mediation (though this can be waived in hardship cases)\n- If someone breaks the code rules, they face **civil penalties** — fines of up to $4,000 for companies or $500 for individuals\n\n**Why it matters:**\n\nThis gives car dealers, mechanics, parts suppliers, and their customers a cheaper, faster alternative to going to court. It aims to keep disputes out of the legal system while ensuring everyone behaves fairly during negotiations. The confidentiality rules mean what happens in mediation generally stays private, though parties can use the final certificate in court if needed."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text could not be retrieved. No content was available to compare against the original intent implied by the title."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual legislative content","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation (made in 2014) sets out a dispute‑resolution code for the motor vehicle industry—establishing rules for handling complaints and resolving disputes between dealers, repairers and consumers. It likely operates under the Fair Trading Act 1987 (SA) and matters because it governs how vehicle sale and service disputes are handled in SA."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument prescribes and implements the Motor Vehicle Industry Dispute Resolution Code and accompanying enforcement and fee settings; nothing in the text indicates an alteration of the code's application beyond that prescription."},"complexity_factors":["Cross-reference and enforcement under the Fair Trading Act Part 3A (r 4(1); r 5(1)) increases dependency on external statutory framework.","Multiple decision‑makers and discretions: Small Business Commissioner administration (r 4(2)), authorised officers starting ADR (Sch 1 cl 4(1)) and power to suspend/terminate (Sch 1 cl 4(9)-(10)).","Monetary regimes: civil penalty exposure plus fixed expiation fees differing for bodies corporate and natural persons (r 5), and mediation fee $195 per party per day, recoverable as Crown debt (r 6(1)-(2)).","Fee waiver power for Commissioner (r 6(3)) introduces case‑by‑case discretion on cost burden.","Participant obligations and compliance timelines (attendance, cooperation, exchange of information; Sch 1 cl 4(2)-(6)) create operational compliance requirements and potential sanctions.","Procedural detail for ADR: ability to refer to mediation or expert advisers and equal cost apportionment for expert advice unless agreed otherwise (Sch 1 cl 4(7)-(8)).","Confidentiality with a statutory exception allowing certificates to be produced in court (Sch 1 cl 4(11)-(12)) affects evidence strategy and settlement finality.","Scope definitions are broad (motor vehicle, motor vehicle business, participant) and capture connected suppliers and customers (Sch 1 cl 2–3), widening who is affected."],"plain_english_summary":"These regulations prescribe the Motor Vehicle Industry Dispute Resolution Code 2014 under the Fair Trading Act, assign the Small Business Commissioner to administer it, make breaches civil‑penalty contraventions with set expiation fees (corporate $4,000; natural person $500), and impose a mediation fee of $195 per party per day (recoverable, waivable). The code covers disputes between motor vehicle industry participants, suppliers or customers; authorised officers may commence alternative dispute resolution, require participation, request persons authorised to resolve matters, and issue confidential certificates of outcome that may be produced in court."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014","history":"/api/acts/fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014/history","analysis":"/api/acts/fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014/analysis","conflicts":"/api/acts/fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014/conflicts","importantCases":"/api/acts/fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014/important-cases","documents":"/api/acts/fair-trading-motor-vehicle-industry-dispute-resolution-code-regulations-2014/documents"}}