57CAScheme information—offer to supply to Australian repairers and scheme RTOs

57CA Scheme information—offer to supply to Australian repairers and scheme RTOs

Scope

(1) 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.

Main obligation

(2) 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:

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

(b) 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.

Note 1: A pecuniary penalty of up to $10,000,000 may be imposed for a contravention of this subsection: see section 76.

Note 2: Restrictions apply in relation to the packaging and supply of scheme information that is safety and security information: see section 57DB.

Choice of supply period in scheme offer

(3) 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:

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

(b) by day, by month and by year.

Civil penalty:

(a) for a body corporate—600 penalty units; and

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

Scheme offer not to exceed fair market price

(4) 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).

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

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

(a) 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:

(i) of that particular make, model and year; or

(ii) 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;