Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 57BD

Main definition

  (1)   Scheme information is information in relation to scheme vehicles prepared by or for manufacturers of scheme vehicles (or their related bodies corporate) for use in diagnosing faults with, servicing or repairing those vehicles, as supplied to the market.

Exceptions

  (2)   However, scheme information does not include any of the following:

  (a)   a trade secret;

  (b)   the intellectual property of a person, other than intellectual property protected under the Copyright Act 1968 ;

  (c)   a source code version of a program;

  (d)   data automatically generated and transmitted by a scheme vehicle, while it is being driven, regarding driver or vehicle performance;

  (e)   global positioning system data;

  (f)   information supplied, or to be supplied, only to a restricted number of Australian repairers for the purposes of developing solutions to emerging or unexpected faults with a scheme vehicle;

  (g)   information that is commercially sensitive about an agreement between a data provider and another person;

  (h)   information relating to an automated driving system of a scheme vehicle;

  (i)   any other information prescribed by the scheme rules.

Note:   Scheme information may include safety and security information (see the definition of safety and security information in section   57BF). However, for restrictions on the supply of safety and security information to Australian repairers and scheme RTOs: see section   57DB.

  (3)   An automated driving system is a system which has a SAE level of 3 or greater under the Surface Vehicle Information Report J3016 published by SAE International, as amended from time to time.

Note:   The Report, as amended to 2021, could in 2021 be viewed on SAE International's website (https://www.sae.org).