The Motor Trades Association of Australia (MTAA) has welcomed the Australian Competition and Consumer Commission’s decision to commence Federal Court proceedings against Subaru Australia over alleged breaches of Australia’s right to repair scheme.
The ACCC action relates to alleged breaches of the Motor Vehicle Service and Repair Information Sharing Scheme, with MTAA arguing the proceedings send an important message that the right to repair framework must be supported by effective compliance and enforcement.
MTAA executive director Bruce Billson said the framework was important for consumers, competition and thousands of independent automotive repair businesses across Australia.
“The right to repair framework is essential to the commitment our servicing and repair businesses make to their customers: whatever wheels you choose, we keep you moving,” Billson said.
“We welcome the ACCC taking visible enforcement action. This is the kind of regulatory response MTAA has consistently called for.”
MTAA members have raised ongoing concerns about access to service and repair information and the effectiveness of existing compliance arrangements.
The association maintains active enforcement is necessary to ensure data providers meet their obligations and independent repairers receive the practical access to information the scheme was designed to provide.
Billson said action over alleged individual non-compliance was important but also highlighted the need to ensure the scheme operated effectively across the entire automotive industry.
MTAA has proposed being recognised as a designated complainant under competition and consumer laws, allowing it to collate and escalate systemic concerns on behalf of its national membership.
Billson said individual workshops did not always have the time, resources or confidence to pursue complaints themselves. A designated complainant mechanism could help identify patterns of potential non-compliance, coordinate evidence and support enforcement.
MTAA is also seeking broader changes to Australia’s right to repair framework, including extending arrangements to agricultural machinery, addressing barriers to timely parts access and improving pricing transparency. It also wants the ACCC adequately resourced to monitor and enforce compliance.
“The ACCC's action supports the case MTAA has been making for years,” Billson said.
“A right to repair framework only works if obligations are enforced and repairers have practical access to the information they need.”