57FBScheme adviser—functions

57FB Scheme adviser—functions

(1) The scheme adviser has the following functions:

(a) to nominate mediators or technical experts for the purposes of Division 5 (dispute resolution);

(b) to report to the Minister at any time or by a time specified by the Minister:

(i) on scheme prices, the terms and conditions of scheme offers or the availability of scheme information; and

(ii) about whether or not, in the scheme adviser’s opinion, particular information is, or should be, scheme information; and

(iii) about any other matter relevant to the operation of this Part;

(c) to report to the Commission about any systemic regulatory or enforcement issues relating to the operation of this Part;

(d) to provide general advice in relation to the application of this Part, but excluding any information obtained in confidence;

(e) to publish on the scheme adviser’s website annual reports about:

(i) the number and type of inquiries and disputes relating to the operation of this Part over the period of a financial year;

(ii) the number and type of disputes for which a mediator has been appointed over that period;

(iii) resolution rates for disputes for which a mediator has been appointed over that period;

(iv) other relevant matters affecting the operation of this Part over the period, including any such matter directed by the Minister in writing;

(f) to provide information online to data providers, Australian repairers and scheme RTOs about the availability of scheme information and dispute resolution under this Part, but excluding any information obtained in confidence.

(2) Information about the terms and conditions of a contract on which scheme information is supplied under this Part that is notified to the scheme adviser under subsection 57CB(4) is taken not to be information obtained in confidence, except to the extent that it identifies, or enables identification of, the parties to the contract.

(3) The scheme adviser has all the powers necessary or convenient for the performance of the functions of that office.

(4) Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report mentioned in this section.

Note: Section 34C of the Acts Interpretation Act 1901 would otherwise require any periodic reports to be given to the Minister and tabled in Parliament.