Keep Australia Moving: 2019 Policy Priorities from the Automotive Industry to the next Australian Government - VACC
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Keep Australia Moving 1 Keep Australia Moving: Policy Priorities from the Automotive Industry to the next Australian Government. 2019
Keep Australia Moving About VACC The Victorian Automobile Chamber of Commerce (VACC) is Victoria’s peak automotive industry association, representing the interests of more than 5,000 members in more than 20 retail automotive sectors that employ 50,000+ Victorians. VACC members range from new and used vehicle dealers (passenger, truck, commercial, motorcycles, recreational and farm machinery), repairers (mechanical, electrical, body and repair specialists, i.e. radiators and engines), vehicle servicing (service stations, vehicle washing, rental, windscreens), parts and component wholesale/ retail and distribution and aftermarket manufacture (E.g. specialist vehicles, parts or component modification and/or manufacture), and automotive dismantlers and recyclers. VACC is also an active member of the Motor Trades Association of Australia (MTAA), Australia’s peak national automotive association, and is a founding member of the Australian Chamber of Commerce and Industry, Australia’s largest and most representative business organisation. vacc.com.au
Keep Australia Moving 01 Table of Contents Introduction 02 List of Recommendations 03 01. Automotive Futures 04 02. Access to Service and Repair Information 04 03. Mandated Motor Vehicle Insurance and Repair Industry Code of Conduct 05 04. Automotive-Specific Franchise Code of Conduct 06 05. Skills & Training 06 06. Industrial Relations 08 07. End-of-Life Vehicle Program 10 08. Improved Digital Connectivity in Regional Areas of Australia 11 09. Abolition of the Luxury Car Tax 12 10. Red-Tape Reduction and Australian Consumer Law 13
Keep Australia Moving 02 Introduction The automotive industry embodies a The following document outlines the Victorian Automobile Chamber of Commerce’s (VACC) range of sectors including: repair and industry policy priorities for the next Australian maintenance; car rental and hiring; Government. These include: commercial vehicles (light and heavy ++ planning for Australia’s automotive future trucks and trailers); auto recyclers; towing services; fuel retailing; parts and ++ providing access to service and repair information for independent repairers tyre retailing; motor vehicle and motor vehicle parts manufacturing; exporting ++ a mandated Motor Vehicle Insurance and Repair Industry Code of Conduct and wholesaling; motor vehicle retailing; marine; bicycle retailing; agricultural ++ an automotive-specific Franchise Code of Conduct and mining machinery; and outdoor power equipment. ++ action on automotive skills shortages ++ industrial relations reform designed to The automotive industry accounts for 2.2 per promote increased employment by small cent of Australia’s GDP ($37.1 billion) and employs business and promote more vibrant and 379,365 people nationally, making it one of the safer local communities most substantial and important industries to ++ implementing a self-regulated end-of-vehicle- the Australian economy. Simply put, without life program and improving automotive an automotive industry, Australia stops. recyclers’ access to business insurance The majority of automotive businesses are small ++ improved digital connectivity across and family owned enterprises that require sound regional areas policies and meaningful reform to allow them to grow and employ more people. Rising energy costs, ++ abolition of the luxury car tax skills shortages, onerous red-tape, over-taxation ++ the reduction of red-tape and more consistent and outdated workplace regulations are just state-based interpretations of the Australian some examples of issues working against Consumer Law for the retailing and repair the competitiveness and productivity of of motor vehicles. automotive businesses. The automotive industry is calling on the Federal Government to commit to serious policy reform across a range of areas to ensure that it is able to maintain the national vehicle fleet well into the future. Support to maintain the national fleet will strengthen consumer confidence, mobility and national productivity.
Keep Australia Moving 03 List of Recommendations The VACC on behalf of the automotive industry 11. Ensure payment for domestic violence leave recommends that the next Australian does not become the responsibility Government should: of employers. 01. Develop an automotive industry blueprint, 12. Commit to a review of the Small Business in consultation with industry, which would Fair Dismissal Code and the procedural provide guidance and a policy framework fairness process. for the automotive industry as it transitions into new technologies. 13. Oppose the introduction of industrial manslaughter laws across Australian states 02. Support and implement the ACCC’s and territories. recommendation for a mandated scheme for car manufacturers to share technical 14. Exclude group training organisations from information with independent repairers on any National Labour Hire Licensing Scheme. commercially fair and reasonable terms. 15. Develop a national program aimed at the 03. Empower the Australian Securities proper disposal of end-of-life vehicles. and Investments Commission (ASIC) to approve 16. Conduct a review into the structural issues a nationally mandated Motor Vehicle Insurance that are preventing automotive recyclers and Repair Industry Code of Conduct, with and other industry sectors from accessing enforceable provisions administered by ASIC. business insurance. 04. Review the effects of vertical and horizontal 17. Commit to supporting and facilitating public integration in the motor vehicle insurance and private investment that will improve digital and smash repair industries. connectivity across regional and remote areas 05. Introduce an automotive-specific Franchise of Australia. Code of Conduct 18. Abolish the luxury car tax or at the very least 06. Promote the value of automotive raise the vehicle cost threshold to a minimum apprenticeships to employers, job seekers, of $125,000. parents and students. 19. Use the Council of Australian Governments 07. Introduce improved support measures and (COAG) to reduce red-tape and better align incentives for employers to hire and retain state-based legislation and regulation to automotive apprentices, including those from improve business competitiveness and diverse and non-traditional backgrounds. consumer certainty regarding the registration, repair and retailing of motor vehicles 08. Introduce meaningful industry-led VET across Australia. advisory councils and KPIs to TAFE institutes to engage with industry. 20. Develop technical notes that would assist state-based adjudicators to make more 09. Introduce tighter enforcement consistent decisions when applying the of VET regulation. Australian Consumer Law to motor vehicle faults and warranty issues. 10. Make changes to Australia’s migration program that improve its accessibility and responsiveness to better meet skill and labour needs in the automotive industry.
Keep Australia Moving 04 01. 02. AUTOMOTIVE FUTURES ACCESS TO SERVICE AND REPAIR INFORMATION Recommendation: Recommendation: ++ The next Australian Government should develop ++ The next Australian Government should support an automotive industry blueprint, in consultation and implement the ACCC’s recommendation for a with industry, which would provide guidance and mandated scheme for car manufacturers to share a policy framework for the automotive industry technical information with independent repairers as it transitions into new technologies. on commercially fair and reasonable terms. Despite its economic significance, the automotive Automotive service and repair professionals require industry continues to struggle for appropriate access to up-to-date manufacturers’ service and recognition from government. The large-scale repair information and software programming contribution of the industry to the Australian downloads. This ensures vehicles are repaired economy and the lives of every Australian demands safely and in accordance with the manufacturers’ that the industry be taken seriously by policymakers. prescribed procedures. This is particularly important as the industry makes the transition to new technologies over The automotive industry strongly supports the the coming years. Australian Competition and Consumer Commission’s (ACCC) 2017 recommendation for a scheme that The wider uptake of electric, connected and mandates access to repair information. This would autonomous vehicles is expected to significantly require car manufacturers to share technical disrupt the automotive industry’s structure information with independent repairers on and business models. This disruption will have commercially fair and reasonable terms. implications for urban infrastructure, skill requirements and government revenue streams – all The scheme must provide the same technical of which require forward planning and policy debate. information made available by manufacturers to their authorised dealers and preferred repairer As the automotive industry moves through this networks. This should include environmental, period of transition, it is critical that government safety and security-related information, ensuring details its policy intentions for the industry. The consumers have access to competitive, convenient, development of an automotive blueprint, as safety-focused service and repair information recommended by a Senate Economics Reference for the life of their motor vehicle. Committee report – The Future of Australia’s Automotive Industry, 1 December 2015 – would assist automotive businesses with their planning and development, as well as provide certainty and improved business confidence. VACC is well placed to be an active participant in the formulation of future automotive policy, leveraging the expertise from across our diverse membership and linkages to national and state- based automotive association networks.
Keep Australia Moving 05 03. MANDATED MOTOR VEHICLE INSURANCE AND REPAIR INDUSTRY CODE OF CONDUCT Recommendation: In accordance with the findings of the Royal Commission into Misconduct in the Banking, ++ In accordance with recommendations 1.15 and 4.9 Superannuation and Financial Services Industry of the Royal Commission into Misconduct in the (Royal Commission), VACC calls for ASIC Banking, Superannuation and Financial Services to be empowered to approve and enforce Industry, the next Australian Government should a nationally mandated Code that is binding empower ASIC to approve a nationally mandated on all car insurers and smash repairers. Motor Vehicle Insurance and Repair Industry Code of Conduct, with enforceable provisions This would improve its efficacy, reduce the threat administered by ASIC. of disputes, and stabilise a fragile smash repair industry. Consumers would also benefit, by ++ In accordance with measures proposed by the including their right to receive transparent, Royal Commission into Misconduct in the Banking, fair and reasonable repair estimates, insurance Superannuation and Financial Services Industry, assessment calculations and cash settlements. the next Australian Government should review the effects of vertical and horizontal integration In recent years, the smash repair industry has in the motor vehicle insurance and smash suffered considerable dislocation and financial repair industries. loss from insurance companies incorporating vehicle smash repair activities within their business There is confusion among car insurers and smash operations. This has substantially reduced repairers as to the rights, responsibilities and competition within the smash repair market. obligations of parties under the Motor Vehicle Insurance and Repair Industry Code of Conduct In line with measures proposed by the Royal (the Code). This is causing serious, systemic Commission, and Productivity Commission, conflict at a national level. VACC calls for a detailed market study be undertaken into the effect of vertical and New South Wales (NSW) is the only state to have horizontal integration by insurers of smash made the Code law (in May 2017). All car insurers and repair business, including its impact smash repairers in NSW are bound by the Code and on competition. its subsequent determination orders. In other states and territories, the Code is voluntary, so only those who have signed on to the Code are bound by it and its determination orders.
Keep Australia Moving 06 04. 05. AUTOMOTIVE-SPECIFIC SKILLS & TRAINING FRANCHISE CODE OF CONDUCT Recommendation: Recommendation: ++ The next Australian Government The next Australian Government should: should introduce an automotive-specific Franchise Code of Conduct. ++ Promote the value of automotive apprenticeships to employers, job seekers, parents and students. The state motor trade associations have long called ++ Introduce improved support measures and for the immediate development and implementation incentives for employers to hire and retain of a specific, mandatory and enforced franchise automotive apprentices, including those from code for the automotive industry. diverse and non-traditional backgrounds. Automotive franchise dealers often report unfair ++ Introduce meaningful industry-led VET advisory and anti-competitive commercial behaviour by councils and KPIs to TAFE institutes to engage franchisors against smaller independent operators with industry. and franchisees. An example of unfair practices ++ Introduce tighter enforcement of VET regulation. includes the drafting of anti-competitive business practices within franchise agreements, often ++ Make changes to Australia’s migration program blatantly disregarding the provisions of the to improve its accessibility and responsiveness national Franchise Code of Conduct. to better meet skill and labour needs in the automotive industry. Automotive-specific franchise businesses also differ substantially from other types of franchises. The Australian automotive industry is experiencing Dealerships (of light and heavy vehicles and the most profound skills shortage in its history. motorcycles), fuel retailers and car rental franchises National figures suggest the industry requires an typically require a large capital outlay and additional 35,000 skilled workers. Skills shortages are infrastructure set-up costs, which increase the affecting almost half of the industry, limiting business financial risk taken on by the businesses. investment, employment, planning and growth. This risk is heightened when a franchise termination To combat this problem and prepare for the notice can be as little as three months and multi- jobs of the future, the VACC makes the following brand sharing of a facility is forbidden. recommendations. Specific performance, extension and termination Promote the value of automotive apprenticeships clauses for automotive retail are urgently required. to employers, job seekers, parents and students. The introduction of such an automotive-specific Franchise Code of Conduct would allow for greater The automotive industry argues that raising the business certainty, reduced risk to employment and profile of automotive apprenticeships has flow- improve investment into franchises by franchisees. on benefits to improved commencement and completion rates for automotive apprentices. Job seekers and school leavers need quality careers advice, with a focus on the viability, transferability and respectability of an automotive trade career. This advice should include informing parents, teachers and other youth leaders who are the primary influencers in a student’s career choice.
Keep Australia Moving 07 Automotive apprenticeships need to be promoted cumbersome, with a focus on administration rather as a credible career path, with vibrant new than strategic outcomes. It is imperative that the technologies emerging such as hybrid, fully AISC is agile, truly reflective of industry and able to electric and autonomous vehicles. contribute to the development of genuine, industry- informed training. Introduce improved support measures and incentives for employers to hire and retain Introduce tighter enforcement of VET regulation. automotive apprentices, including those from The auditing of registered training organisations diverse and non-traditional backgrounds. (RTOs) against the relevant standards is inconsistent It is crucial that the right mix of incentives is and unreliable. The automotive industry calls for offered to encourage the hiring and retention more scrupulous enforcement of VET regulations, of apprentices; for example, female apprentices as the current approach of desktop auditing does in non-traditional trades. little to properly inform policymakers of real training outcomes, which are often graduates who are ill- The present system is based on incentives for equipped for employment by automotive businesses. businesses to hire specific candidates, usually those facing employment barriers. The automotive Industry argues for the use of industry-based subject industry argues that the system should be matter experts to assist with onsite audits and broadened to encourage employers to engage provide up-to-date industry knowledge. This would across a much broader spectrum of candidates. also assist with reinforcing industry expectations This would improve retention rates and levels on outcomes. of employment diversity across the industry. Make changes to Australia’s migration program Incentives should also be structured to encourage to improve its accessibility and responsiveness employers to retain and invest in their apprentices, to better meet skill and labour needs in the as opposed to one-off payments for placement. automotive industry. Introduce meaningful industry-led VET advisory Skills shortages continue to affect the automotive councils and KPIs to TAFE institutes to engage industry, necessitating the employment of skilled with industry. migrants. Migration is a positive contributor to the Australian economy, delivering a distinct The automotive industry is disappointed at the comparative advantage through the mix of extent of its disconnect with the TAFE sector. younger, skilled migrants, working holiday makers and students. The industry is calling for a skills framework that genuinely places industry at the centre of the However, the restriction of temporary skilled national vocational education and training (VET) migrants in reaction to congestion and system. This should include a skills advisory council infrastructure fears is worrying. The industry with the commensurate knowledge, affinity and requires access to a skilled labour pool to understanding of the industry needed to inform the operate and grow its businesses. Further development of VET programs. This has often been restrictions to this will have profound, negative outsourced to consultants who have a superficial economic repercussions. understanding of the automotive industry, which subsequently affects the efficacy and quality of the The automotive industry recommends that training offered. the Federal Government make changes to its migration program to improve its accessibility and It is essential the TAFE sector actively engages with responsiveness to better meet skill and labour needs. industry. TAFE and industry engagement was higher These changes should include access to all skilled two decades ago, but has been declining ever since. occupations for employer-nominated migration, Industry argues that TAFE institutions should have ensure visa fees and charges are internationally key performance indicators (KPIs) associated with competitive, set the cap for permanent migration their level of engagement with industry. based on evidence of economic benefit, and improve the processing times and affordability The role of the Australian Industry Skills Committee of the program. (AISC) appears to be largely irrelevant and
Keep Australia Moving 08 06. INDUSTRIAL RELATIONS Recommendation: The burden of many social-related issues falls on businesses – especially small businesses – that The next Australian Government should: cannot pass on the increased financial costs to consumers. Employers have the delicate job of ++ Ensure payment for domestic violence leave balancing the care and wellbeing of staff against does not become the responsibility of employers. financial obligations. Should government legislate ++ Commit to a review of the Small Business that employers must pay an additional five days of Fair Dismissal Code and the procedural FDVL, the total number of paid leave days available fairness process. would rise to 54. This is a direct cost to the employer that will be a further disincentive to business ++ Oppose the introduction of industrial development and growth. manslaughter laws across Australian states and territories. Commit to a review of the Small Business Fair ++ Exclude group training organisations from Dismissal Code and the procedural fairness process. any National Labour Hire Licensing Scheme. The Small Business Fair Dismissal Code (SBFDC) and the general procedural fairness framework used by Australia has become a costly place for small the Fair Work Commission to determine whether a businesses to hire, retain and manage staff. It is also termination was harsh, unjust and/or unreasonable one of the most heavily regulated labour markets in has failed to produce a fair and balanced approach the world, consistently ranking poorly on flexibility to termination issues. Consequently, employers are and responsiveness when compared internationally. showing a reluctance to employ staff. The present In order to assist businesses to grow and employ SBFDC is not considered to be effective or reliable more staff, the automotive industry recommends by industry and should be reviewed. the following industrial relations reforms. Oppose the introduction of industrial manslaughter Ensure payment for domestic violence leave does laws across Australian states and territories. not become the responsibility of employers. The automotive industry opposes the introduction All employees (including part-time and casual of industrial manslaughter laws across all employees) are now entitled to five days of Australian states. unpaid family and domestic violence leave Industrial manslaughter laws have recently been (FDVL) each year. legislated in Queensland, making it the first The automotive industry understands the need for Australian state to subject companies to new flexibility, together with empathy and understanding criminal offences of corporate manslaughter and for domestic violence issues. However, it is industry’s negligently causing serious harm. Such offences position that the five days unpaid leave should not include serious fines and impose criminal liability be converted to paid leave. on individual directors and senior managers.
Keep Australia Moving 09 To date, there is no evidence that increasing the severity of penalties corresponds or correlates with “ AUSTRALIA HAS a reduction in workplace deaths and/or injury. BECOME A COSTLY Such a law will see a move towards expensive PLACE FOR SMALL legal solutions rather than preventive strategies. The court system and WorkCover resources will be BUSINESSES TO HIRE, overburdened as defendants are more likely to contest these matters judicially. RETAIN AND MANAGE The automotive industry acknowledges that STAFF. IT IS ALSO workplace safety is a serious issue. However, ONE OF THE MOST mandating harsher penalties, increasing regulation and threatening managers and directors with HEAVILY REGULATED greater prison sentences than those that exist under health and safety legislation will not achieve the LABOUR MARKETS IN desired outcome, which is to change behaviours THE WORLD...” and eliminate dangerous practices. Exclude group training organisations from any National Labour Hire Licensing Scheme. The proposed National Labour Hire Licensing Scheme (NLHLS) should exempt group training organisations (GTOs) from its provisions. Apprenticeship programs, such as those delivered by motor trade associations across Australia, are already held accountable via national industry standards, with an independent audit process conducted by specific state and territory providers. GTOs do not have the same operating memorandum as a labour hire business and as such have been regulated efficiently through national GTO standards that shape GTO ethos. It is important to note employer association-led apprenticeship programs coordinate an essential link between business and youth in Australia. They also facilitate the development of the employment skills needed by industry to grow into the future. Additional regulation, by way of a NLHLS, is unnecessary, and burdensome.
Keep Australia Moving 10 07. END-OF-LIFE VEHICLE PROGRAM Recommendation: Countries such as Germany, South Korea, Japan, the United Kingdom and Norway have implemented The next Australian Government should: regulated ELV policies. They acknowledge that a sound ELV strategy is essential to good ++ Develop a national program aimed at the environmental and economic management. Such proper disposal of end-of-life vehicles. systems also contribute to meeting environmental ++ Conduct a review into the structural issues obligations under international law. that are preventing automotive recyclers and other industry sectors from accessing Recognising the environmental and economic business insurance. concerns related to the disposal of ELVs, the automotive industry recommends that the Federal Government works towards a nationally Australia does not have a national policy dealing implemented ELV plan. with end-of-life vehicles (ELVs). Such a policy vacuum leaves the auto recycling sector vulnerable Finally, a lack of available business insurance to rogue traders and environmental breaches. (such as professional liability; property; workers’ compensation; product liability and business The emergence of illegal wreckers who operate interruption insurance) for automotive recyclers outside the regulatory guidelines is a serious and other automotive businesses has reached problem across all states and territories and has the crisis point, with many businesses forced to trade capacity to make lawful vehicle recycling operations without insurance. The next Federal Government unviable. Effects of such practices include tax should conduct a review into the structural evasion and non-compliance with occupational issues obstructing businesses’ access to this health and safety and environmental protection essential cover. laws. It is constantly reported that illegal operators provide components to the black market, supporting underground and often illegal operations. Landfill is also a serious concern for this sector. The variation in quality, quantity and consistency of plastics, along with the extent to which plastic is distributed throughout the vehicle, make it difficult to determine what is worth recycling. The recycling process is costly and plastic is in direct competition with other more valuable materials such as steel and aluminium. As a result, the majority of plastic recovered from vehicles is sent to landfill.
Keep Australia Moving 11 08. IMPROVED DIGITAL CONNECTIVITY IN REGIONAL AREAS OF AUSTRALIA Recommendation: Tractors, harvesters and other agricultural machinery are now interconnected via satellite ++ The next Australian Government should commit services. Service and diagnostic capabilities, as to supporting and facilitating public and private well as GPS, are built into their systems, which investment that will improve digital connectivity communicate through 4G technology. across regional and remote areas of Australia. The impact of poor quality and unreliable digital Many regional businesses use digital technologies in connectivity sees some businesses resorting to fixed a variety of ways to improve their productivity and cable in a bid to solve issues such as slow broadband generate higher profits. However, for many regional speeds and irregularities in their wireless connection. businesses, the quality and reliability of internet Others have installed large antennas to fix problems access services and mobile phone reception are with their satellite connections. substandard, limiting a business’s ability to fully More specifically, the cost of some digital utilise digital technologies to grow, employ staff technologies – such as the National Broadband Sky and better service customers. Muster satellite – is so prohibitive that they remain Slow download times coupled with constant out of reach for many small businesses and it has disruptions, drop-outs and outages make it almost affected their broader uptake. impossible for regional businesses to rely on the There is a strong argument that good mobile network. There are also reports of poor mobile phone coverage is both an economic and business phone reception – only one bar out of four – in some imperative, as well as a ‘social good’. Government regions. Such poor-quality reception limits effective needs to support and facilitate public and private communication between businesses and their investment to improve mobile phone coverage customers, resulting in numerous missed calls, lost and provide reliable internet connectivity across business and consumer dissatisfaction. regional Australia. “T HE IMPACT OF POOR QUALITY AND UNRELIABLE DIGITAL CONNECTIVITY SEES SOME BUSINESSES RESORTING TO FIXED CABLE IN A BID TO SOLVE ISSUES SUCH AS SLOW BROADBAND SPEEDS AND IRREGULARITIES IN THEIR WIRELESS CONNECTION.”
Keep Australia Moving 12 09. ABOLITION OF THE LUXURY CAR TAX Recommendation: “T HE LUXURY CAR ++ The next Australian Government should abolish the luxury car tax or at the very least raise the TAX WAS INTRODUCED vehicle cost threshold to a minimum of $125,000. IN 2000 TO ENCOURAGE The luxury car tax (LCT) was introduced in 2000 to BUYERS TO PURCHASE encourage buyers to purchase locally manufactured vehicles instead of imported prestige vehicles. The LOCALLY MANUFACTURED end of passenger vehicle manufacturing in Australia VEHICLES INSTEAD now makes this tax redundant. OF IMPORTED PRESTIGE LCT is charged at 33 per cent on the proportion of the vehicle priced over $66,331 (or $75,526 for VEHICLES. THE END vehicles categorised as ‘fuel efficient’). These thresholds are absurdly low and affect many working OF PASSENGER VEHICLE vehicles. This includes four-wheel-drive vehicles MANUFACTURING IN that meet the needs of rural consumers, such as the Mitsubishi Pajero, Toyota Land Cruiser and Nissan AUSTRALIA NOW MAKES Patrol. They are all priced above the LCT threshold. These vehicles are essential for performing transport THIS TAX REDUNDANT. ” tasks on roads and in conditions that are often unsuitable for regular vehicles. This consequently penalises consumers in rural and regional communities, who are often the purchasers of such vehicles for work purposes. The automotive industry strongly believes that the LCT is unfair and discriminatory towards motor vehicle dealers and consumers. It acts to artificially inflate the price of vehicles that offer the latest in safety and emission technologies. There is gross inequity given traditional luxury items such as yachts and jewellery do not attract the same type of additional taxation. The automotive industry recommends that the Federal Government act to: • abolish the luxury car tax, or • raise the threshold to a minimum of $125,000.
Keep Australia Moving 13 10. RED-TAPE REDUCTION AND AUSTRALIAN CONSUMER LAW Recommendation: Specifically, reforms are required for the following variations in state and territory regulation: The next Australian Government should: • application and payment of state-based ++ Use the Council of Australian Governments motor vehicle duty (COAG) to reduce red-tape and better align • component or drive-away pricing state-based legislation and regulation to improve business competitiveness and • registration transfer processes of interstate- consumer certainty regarding the registration, registered vehicles repair and retailing of motor vehicles • classification of written-off vehicles across Australia. • vehicle standards. ++ Develop technical notes that would assist There is also evidence of wide variability in the state-based adjudicators to make more interpretation and application of Australian consistent decisions when applying the Consumer Law (ACL) by state-based Offices of Australian Consumer Law to motor vehicle Fair Trading (OFT). This inconsistency leads to faults and warranty issues. unnecessary stress and financial imposts on both consumers and business. At present, there is no The retail sale, registration and repair of motor common standard for the interpretation of the vehicles in Australia are made difficult by complex ACL when applied to the complexities of motor and inconsistent state-based legislation and vehicle retailing. regulation. Industry and consumers face confusing and varied red-tape requirements when acquiring, To address this problem, VACC recommends transferring, repairing or obtaining a roadworthy the development of technical guidance notes to certificate in different jurisdictions. accompany specific provisions of the ACL that relate to motor vehicle retailing and repairs. This would In the era of the digital marketplace, regulation facilitate a more consistent and fairer application related to the retail automotive industry should be of the ACL across state-based tribunals and courts. simplified. This would create a level playing field across states and territories and reduce costs for consumers and automotive businesses. The next Australian Government should use COAG to identify areas for red-tape reduction and discuss opportunities to better align state-based legislation and regulation – improving business competitiveness and consumer certainty when registering, repairing or retailing a motor vehicle across Australia.
Keep Australia Moving 14 A bout the Australian Automotive Industry The automotive industry embodies a range of sectors including: repair and maintenance; car rental and hiring; commercial vehicles (light and heavy trucks and trailers); auto recyclers; towing services; fuel retailing; parts and tyre retailing; motor vehicle and motor vehicle parts manufacturing; exporting and wholesaling; motor vehicle retailing; marine; bicycle retailing; agricultural and mining machinery; and outdoor power equipment. The industry contributed approximately $37 billion to the Australian economy (2.2% of GDP), made up of 69,365 automotive businesses, who employ 385,000 people nationally. There were 19.2 million registered vehicles on Australia’s roads as of January 2018 and around 5 million new and used vehicles sold. Source: Australian Bureau of Statistics Labour Force Data
Keep Australia Moving 15 Policy contact: Dr Imogen Reid Industry Policy Adviser, VACC. ireid@vacc.com.au (03) 9829 1145 0428 334 128 Media contact: David Dowsey Head of Marketing, Media, Communications & Publications, VACC. ddowsey@vacc.com.au (03) 9829 1247 0419 361 122
Keep Australia Moving 16 Notes
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