The Australian Automotive Aftermarket Association (AAAA) has welcomed Federal Court action against Subaru Australia, describing the case as a landmark moment for Australia’s automotive right to repair laws.
The Australian Competition and Consumer Commission (ACCC) has commenced proceedings alleging Subaru breached the Motor Vehicle Information Scheme (MVIS), Australia’s mandatory automotive information-sharing framework.
According to the ACCC allegations, between July 2022 and August 2024 Subaru Australia failed to provide independent repairers access to software and technical information on the same terms as its dealer network.
The allegations include requiring independent repairers to purchase additional hardware, restricting subscription options and, in some cases, failing to provide requested information immediately or at all.
The proceedings are the ACCC’s first Federal Court action over alleged breaches of the mandatory scheme, which commenced on July 1, 2022. The regulator is seeking declarations, penalties, costs and other orders.
AAAA CEO Stuart Charity said the case demonstrated that right to repair legislation needed to provide practical rather than theoretical access to vehicle information.
“The whole purpose of this law is simple: if a dealer can access the information required to service and repair a vehicle, an independent repairer must also be able to access it, on fair and reasonable commercial terms,” Charity said.
“Having a right to information on paper is not enough.”
The MVIS requires vehicle manufacturers and other data providers to make information required to diagnose, service and repair vehicles available to Australian repairers.
Charity said independent workshops had invested in equipment, training and technology on the understanding the legislation would provide them with a genuine opportunity to compete.
“This action sends an important message across the industry that compliance with the scheme is not optional,” he said.
The proceedings come as the Federal Government considers potential reforms to the MVIS.
AAAA maintains the scheme has already significantly changed competition within Australia’s vehicle servicing and repair sector but says it must remain practical and enforceable as vehicle technology becomes more complex.
“Australian motorists deserve the freedom to choose who services and repairs their vehicle, and that choice only exists when independent repairers have fair and equal access to the information they need,” Charity said.