Fair Trading (Motor Vehicle Industry Dispute Resolution Code) Regulation 2014

The Motor Vehicle Industry Dispute Resolution Code (the Code) promotes the successful resolution of motor vehicle disputes in a streamlined and balanced manner.

The Code sets out a series of steps or actions that can be taken by the Office of the South Australian Small Business Commissioner (SASBC) to help bring parties in dispute together, with the intention of assisting them and resolving the dispute in a timely and mutually beneficial manner.

The Code covers motor vehicle businesses and includes any business of motor vehicles or motor vehicle parts and accessories including:

  • manufacturing
  • distributing
  • supplying
  • acquiring
  • repairing (excluding disputes between a motor vehicle insurer and repairer)
  • restoring

The Code also deals with business related disputes between participants in the motor vehicle industry and local and state government.

The code helps participants in the industry by mandating alternative dispute resolution processes that are overseen by the Small Business Commissioner and provided at no or low cost.

Breaches of the code can attract:

  • a civil expiation fee of $4,000 for a corporation and $500 for a natural person
  • SASBC may take court action to obtain a civil penalty of up to $50,000 for a corporation or $10,000 for a natural person.

To view the Fair Trading (Motor Vehicle Industry Dispute Resolution Code) Regulation 2014 click here