57CBScheme information—supply on request by Australian repairers or scheme RTOs

57CB Scheme information—supply on request by Australian repairers or scheme RTOs

Scope

(1) This section applies if:

(a) 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

(b) either:

(i) 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

(ii) a scheme RTO has a need to access the scheme information to provide an RTO course; and

(c) 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

(d) the Australian repairer or scheme RTO pays, or offers to pay, the scheme price, or another agreed price, for the scheme information.

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

Supply of scheme information

(2) The data provider must supply the scheme information to the Australian repairer or scheme RTO:

(a) in accordance with terms and conditions that comply with section 57CC; and

(b) within the period covered by subsection (3).

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

(3) For the purposes of subsection (2), the period covered by this subsection:

(a) 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

(b) 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.