Right to Repair and EV Ownership in Australia: What Drivers Need to Know

Australia’s automotive industry is in the middle of a huge shift, with electric vehicles (EVs) becoming more common on our roads every year. But while EV technology is advancing quickly, some of the rules designed to protect drivers and independent workshops are struggling to keep up.

EVs are the future — but your choice of who services your car must remain yours.

One of the most important protections in place is Australia’s Right to Repair, which ensures independent mechanics can access the service and repair information needed to maintain modern vehicles. Without it, consumers risk being locked into expensive dealership servicing, and independent workshops are left out of the loop.

⚖️ What Are the Relevant Regulations?

Several key laws protect drivers and ensure fair competition in the industry:

• Australian Consumer Law (ACL) & Fair Trading Act 2012 (Vic): Protects consumers against misleading conduct, unfair contracts, and failure to provide consumer guarantees.➡️ Consumer Affairs Victoria

• Australian Competition and Consumer Act (Cth): Enforced by the ACCC, this law includes the mandatory Motor Vehicle Information Scheme (MVIS), which requires manufacturers (known as “data providers”) to supply repair and service information to independent repairers.➡️ About MVIS – ACCC

• Competition and Consumer (Motor Vehicle Service and Repair Information Sharing Scheme) Rules 2021: These are the detailed obligations that manufacturers must follow.➡️ MVIS Rules – Legislation.gov.au

🚨 Who’s Complying — and Who’s Not?

Media reports have suggested that several Chinese EV brands — including BYD, Zeekr, XPeng, Smart, and Leapmotor — may not be fully meeting their obligations to share repair data in Australia.

A recent Australian Financial Review article (25 August 2025) specifically highlighted BYD among five Chinese EV brands allegedly failing to comply with Australia’s repair-law requirements, raising concern that independent repairers are being shut out of the information they need to service these vehicles. Source: “BYD among five Chinese EV brands not complying with repair laws,” Australian Financial Review, 25 August 2025.

It’s important to note that as of today, no public enforcement action by the ACCC or Consumer Affairs Victoria has confirmed these brands as legally non-compliant.

The only confirmed case so far involves Honda Australia, which was issued an infringement notice and paid a penalty of $18,780 after allegedly breaching MVIS rules by failing to offer daily and monthly diagnostic software subscriptions (providing only a yearly option instead).➡️ ACCC media release: Honda pays penalty

This shows the scheme is active and being enforced, and further investigations could follow.

💡 What Are the Consequences?

• For Businesses: Non-compliance can result in infringement notices, monetary penalties, and even court action.

• For Consumers:If you believe a manufacturer is restricting your choice or failing to meet consumer guarantees, you can report breaches to:

  • Consumer Affairs Victoria

  • Australian Competition and Consumer Commission (ACCC)

👩‍🔧 What Can Drivers Do?

At Auto Tech Group, we believe drivers should always have the freedom to choose where their car is serviced. Here’s how you can stay empowered:

1. Stay informed: Be aware of your rights under Australian Consumer Law and MVIS.

2. Report concerns: If you encounter unfair practices, report them to Consumer Affairs Victoria or the ACCC.

3. Choose trusted independent experts: Servicing your vehicle with Auto Tech Group means transparent advice, factory-level expertise, and fair pricing — without being locked into dealerships.

✅ The Auto Tech Group Difference

While debates about compliance continue, one thing is certain: Auto Tech Group is fully committed to fair practice, transparency, and putting our customers first.

With decades of experience servicing prestige and European vehicles, we ensure Melbourne drivers get the highest quality care and the freedom to choose who looks after their car.

Your right to repair isn’t just a legal obligation — it’s about trust, choice, and confidence. And at Auto Tech Group, we make sure you always have that choice.

🔗 Useful Links for Drivers

• Consumer Affairs Victoria

• ACCC – Cars & Vehicles

• About the Motor Vehicle Information Scheme

• Australian Consumer Law – Consumer.gov.au

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  MVIS Rules – Legislation.gov.au

• Honda infringement – ACCC Media Release

• Australian Financial Review, “BYD among five Chinese EV brands not complying with repair laws”, 25 August 2025