The Australian Competition and Consumer Commission (ACCC) has launched Federal Court proceedings against Subaru Australia over alleged breaches of the country’s mandatory Motor Vehicle Information Scheme (MVIS).
The Australian Automotive Aftermarket Association (AAAA) has welcomed the action, describing it as a significant moment for Australia’s Right to Repair laws.
The ACCC alleges that between July 2022 and August 2024 Subaru Australia failed to provide independent repairers with access to software and technical information on the same terms as its dealer network.
Its 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 ACCC alleges no independent repairer ultimately obtained the relevant software during the period examined.
The proceedings mark the ACCC’s first Federal Court action over alleged breaches of the mandatory information-sharing scheme, which took effect on July 1, 2022. The regulator is seeking declarations, penalties, costs and other orders.
AAAA chief executive Stuart Charity says the case highlights the need for the Right to Repair law to provide genuine and practical access to 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.
“Having a right to information on paper is not enough. The information has to be available in a form, at a price and within a timeframe that allows an independent workshop to use it.
“Independent repairers cannot compete fairly if access involves unnecessary hardware, restrictive subscription arrangements, delays or workarounds that are not imposed on the dealer network.”
The MVIS requires vehicle manufacturers and other data providers to make information needed to diagnose, service and repair vehicles available to Australian repairers.
Charity says strong enforcement is critical to maintaining confidence in the legislation.
“Australia was one of the first countries to introduce a comprehensive mandatory Right to Repair law for the automotive industry. That was a major achievement, but any law is only as effective as its enforcement.
“Independent workshops have invested in equipment, training and technology on the understanding that this legislation would give them a genuine opportunity to compete.
“This action sends an important message across the industry that compliance with the scheme is not optional. Manufacturers should expect continued regulatory scrutiny.”
The proceedings come as the Federal Government considers potential reforms to the MVIS.
“The scheme is working and has fundamentally changed the competitive landscape for vehicle servicing and repair in Australia. Cases like this demonstrate why it must remain strong, practical and enforceable as vehicle technology becomes increasingly complex,” Charity says.
“The test must always be the same: can an independent repairer genuinely obtain and use the information required to fix the customer’s car?
“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.”
The AAAA says it will continue working with government, regulators, the Australian Automotive Service and Repair Authority (AASRA) and industry participants on the Right to Repair framework.
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