An investor's guide to the sector and its regulations.
The automotive industry plays a major role in the Asia Pacific region. Rapidly advancing technology, government regulation, international trade, intellectual property protection and employment issues are all impacting on this fast-moving and extremely competitive industry. As the pace of the sector accelerates, companies need authoritative legal advice to drive their businesses forward and to meet their commercial aims.
Minter Ellison has a team dedicated to the automotive industry. We assist a wide range of clients, including BMW Australia, Subaru Australia, Air International, Nissan Australia, Robert Bosch, Hertz, Ford Australia and Futuris Automotive, to simplify and effectively manage risk and achieve business goals.
Our automotive group advises on the full range of industry issues such as corporate mergers and acquisitions, joint ventures, advertising and privacy, intellectual property, finance and tax, employment and industrial relations, commercial and contractual arrangements with suppliers, competition issues, dealer issues including the Franchising Code of Conduct (Code) and the Australian Consumer and Competition law, industry assistance schemes including Automotive Competitiveness and Investment Scheme and environmental management.
We are a member of the International Car Distribution Programme Australia (ICDPA). We also work closely with industry bodies including the Federal Chamber of Automotive Industries (FCAI), the Federation of Automotive Products Manufacturers (FAPM) and the Truck Industry Council.
On 27 November 2013, the New South Wales Parliament passed the Motor Dealers and Repairers Act 2013 (NSW) (Act). The Act consolidates the Motor Dealers Act 1974 (NSW) and the Motor Vehicle Repairs Act 1980 (NSW) into one cohesive piece of legislation and introduces new provisions regulating the relationships between NSW motor dealers and motor vehicle manufacturers.
The government's formal response to the recommendations contained in the review of the Franchising Code of Conduct (Wein Report) confirmed that it, unconditionally, in part or in principle, accepts the vast majority of the recommended changes to the Code.
On 28 December 2012, the PRC National People’s Congress passed Amendments to the PRC Labour Contract Law (the Amendments) in relation to the labour dispatch arrangement. The Amendments will come into force on 1 July 2013.
On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.
On Tuesday, 29 November 2011, as part of its Mid-Year Economic and Fiscal Outlook 2011-12, the Federal Government announced a package of changes intended to raise A$11.5 billion in new revenue and savings.