Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 57CC

Terms and conditions of supply generally

  (1)   Subject to this section, nothing in this Part prevents a data provider from supplying scheme information under this Part subject to reasonable terms and conditions that do not prevent, restrict or limit the access to, or use of, the information for the purposes of diagnosing faults with, servicing, repairing, modifying or dismantling scheme vehicles.

Prohibited terms or conditions

  (2)   However, a data provider must not enter into a contract for the supply of scheme information under this Part that contains any of the following terms or conditions:

  (a)   a term or condition requiring an Australian repairer or scheme RTO to acquire one or more services or products from the data provider or any other person;

  (b)   a term or condition allowing an increase, after the contract is made, in the price for the supply of the scheme information under the contract;

  (c)   a term or condition prohibited by the scheme rules.

Civil penalty:

  (a)   for a body corporate--600 penalty units; and

  (b)   for a person other than a body corporate--120 penalty units.

  (3)   A term or condition of a contract for the supply of scheme information under this Part that contravenes subsection   (2) is of no effect.