Archives: Dealer Bulletins

Yesterday, the Government published the first round of performance results for the New Vehicle Efficiency Standard (NVES). The first performance period started on 1 July 2025 and ended on 31 December 2025. Going forward, the Government will report on a full calendar year.

The 2025 NVES performance results show that two-thirds of regulated entities/OEMs have met their targets, generating a net surplus of 15.9 million NVES units. The OEMs may now choose to trade these units with another regulated entity under a commercial agreement or hold them for up to three years to help meet stricter future emissions targets.

While the initial results paint a positive picture of the industry, with brands like Toyota, Kia, Ford, and Isuzu meeting their targets, they are based on vehicles imported into Australia rather than those registered or sold.

The AADA notes that the initial period of the NVES, marked by lower targets, is relatively manageable, but the scheme is expected to become more challenging in the later years unless compliance mechanisms are improved.

The AADA has been monitoring market trends and tracking brand performance at the point of sale. In the coming weeks, we will be providing further analysis and comparing the Government results with sales data.

To view full 2025 performance results, click below:

VIEW RESULTS

VIEW MEDIA RELEASE

The AADA is pleased to announce the launch of a new member support service that represents a significant enhancement to how the Association supports franchised new car and truck dealers across Australia.

The AADA recognises that dealers are operating in an increasingly complex regulatory and commercial environment with different state and federal laws, particularly in relation to the Australian Consumer Law (ACL) and franchising code of conduct.

Member Support Service

The new member support service has been introduced to ensure members have access to stronger, more direct and practical legal guidance and support tailored specifically to the realities of dealership operations and OEM relationships.

Effective immediately, members will be able to access guidance from AADA’s recently appointed General Counsel Kathy Zdravevski who will strive to deliver prompt, practical and commercially focused guidance to support your dealership compliance, manage risk, and resolve issues as they arise.

This service will support members with:

• Practical guidance on ACL and consumer guarantee obligations.
• Support in managing consumer complaints and disputes.
• Assistance with ACL compliance and risk management.
• Guidance on bilateral obligations and concerns under the Franchising Code of Conduct.
• High level guidance on franchise dealer agreements, including renewals, variations, and termination.
• Support with dealer communications involving consumers, OEMs and regulators.
• Insight into regulatory trends and enforcement priorities affecting franchised dealers.
• Advice to members regarding consumer claims raised in civil appeals tribunals (VCAT, QCAT, etc).

This initiative reflects AADA’s strong commitment to standing with dealers, strengthening your position in an evolving market, and ensuring you are supported by guidance and information that is practical, informed and industry specific.

Please note, that this service provides early stage guidance and support, it is not intended to replace the need for independent, specialist legal advice in complex or contentious matters.
In the meantime, please contact Kathy Zdravevski for any assistance via email at kzdravevski@aada.asn.au.

AADA remains firmly committed to advocating for, protecting and supporting franchised new car and truck dealers and to delivering services that add genuine value to your businesses.

Australian franchised new car and truck dealers are advised that from 1 July 2026 a new law comes into effect that makes it a legal requirement to pay their employees’ superannuation guarantee at the same time as their salary or wages. The new system is known to the Australian Taxation Office as Payday Superannuation (Payday Super).

The Australian Government advises that the new law will:

• Require employers to ensure super contributions are received by the employee’s fund within seven business days of payday, or they will be liable for the superannuation guarantee charge.
• Help the ATO enforce the law and more quickly identify employers not making contributions.
• Redesign the superannuation guarantee charge to be fit for purpose and make Payday Super work.

Factsheet and practical guidance on Payday Superannuation

A detailed factsheet prepared by the Australian Chamber of Commerce and Industry (ACCI) is available via the link below. The ACCI factsheet includes information on the following:

• Advice on deadlines for superannuation payments.
• Which workers or employees’ does Payday Superannuation apply to?
• The impact on not making the Payday Superannuation payments on time.
• A handy list of ‘Steps to get ready” before the 1 July 2026 start date.

ACCI PAYDAY SUPER FACTSHEET

More Information

If you remain unsure of your dealership’s obligations under the Payday Super law, you are encouraged to seek your own professional services advice, refer to your preferred superannuation fund or contact your respective state Motor Trade Association or Chamber of Commerce’s industrial relations team.

In preparation for the Australian Securities and Investments Commission’s (ASIC) upcoming detailed findings being released regarding their review of Australia’s motor vehicle finance sector, the Australian Automotive Dealer Association (AADA) wishes to remind its members of their Design and Distribution Obligations (DDO).

AADA has previously developed a series of guidelines regarding the DDO regime to provide dealer context on:

• The obligations of distributors (dealer) as opposed to issuers (financiers).
• The interaction of the Point-of-Sale Exemption (PoS) between the National Consumer Credit Protection Act 2010 (Cth) and the DDO regime.
• The specific obligations of the financier as compared to the licensed motor vehicle dealer distributor in the chain of finance.

For dealers as distributors DDO introduced significant responsibilities to make sure products are offered only to consumers within the appropriate Target Market Determination (TMD).

ASIC has increasingly moved from overseeing the creation of TMDs to scrutinising ongoing compliance and governance frameworks which began on October 5, 2021. Recent enforcement action, such as against Firstmac Limited highlights ASIC’s focus on whether distributors have effective internal systems to ensure real-world compliance with DDO rather than merely having compliant documentation. This was ASIC’s first successful civil penalty action against a distributor for breaching DDO rules.

Below are the dealer core DDO’s to remind you of your responsibilities and we encourage any dealer to contact their motor vehicle finance providers on all areas connected with the DDO.

Dealers are encouraged to seek their own legal or financial advice on how to ensure they are remaining compliant with the DDO. AADA will provide further information to dealers once ASIC’s review is released and we will include information on how lenders have responded to ASIC’s prior recommendations. 

Following engagement with AADA and MTA SA/NT, RevenueSA will be hosting an industry webinar for South Australian dealers, providing a clear overview of how stamp duty applies to vehicle transactions in SA.

This session is designed to support dealers and staff by walking through when stamp duty is payable on vehicle registrations and transfers, how it is calculated and paid, and the key compliance considerations dealers should be aware of.

Webinar details

Topic: Stamp duty on vehicles
Date & time: 11:00am (ACDT) Thursday 19 February 2026

What the webinar will cover:

• When stamp duty applies to vehicle registrations and transfers
• How stamp duty is calculated and paid
• Valuation rules for new and used vehicles
• Common compliance issues and practical considerations for dealers

Registration
Dealers are encouraged to register to attend. If you are unable to join the live session, a recording will be made available on the RevenueSA website following the webinar.

REGISTER TO ATTEND

The AADA has received correspondence from the Victorian Department of Government Services’ (DGS) Deputy Secretary of the Consumer Affairs and Local Government to advise that the Victorian Government has announced its response to the Independent Review of the Victorian Public Service: Final Report (the Silver Review).

Of importance to Victorian Licensed Motor Car Traders (LMCT) is the response from the Victorian Government that has accepted a recommendation made in the Silver Review that may impact future LMCT – Regulator interaction. The change may well also impact on future legislative reform options that the Victorian Government may pursue in the yet to be released modernisation review of the Motor Car Traders Act 1986 (Vic) (the Act) planned for some time in 2026.

What is the key recommendation in the Silver Review that will impact LMCTs?

Dealers are advised that the Victorian Government has agreed to transfer the functions of the Motor Car Traders Claims Committee (MCTCC) away from the Department of Justice and Community Services (DJCS) to the DGS.

The transfer of the administrative responsibility remains subject to legislative amendment.

How has AADA responded to DGS on behalf of our Victorian members?

AADA has acknowledged the Victorian Government’s decision to transfer the functions of the MCTCC to the DGS. Our dealer members value the role of the MCTCC, the integrity of the Motor Car Traders Guarantee Fund (the Fund), and the importance of fair treatment for LMCT and consumers. The Fund is made up exclusively of annual renewal fees of LMCT licences or monies received by the department as payment for penalty attributed to a LMCT for a breach of the Act or Motor Car Traders Regulations 2018 (Vic). In the financial year 2024-25 those LMCT derived funds totalled $4.98 million. Dealers take seriously the threat to their licence when a consumer claim is made upon the Fund.

AADA has also reminded the Deputy Secretary that access to justice for both consumer and LMCT must remain on any claim. Further, AADA has requested that consultation must take place between themselves and relevant industry bodies such as the AADA and VACC if there are to be any future legislative reforms on consumer claims and the function(s) of the MCTCC as they currently apply to Part 5, Divisions 1-3 of the Act.

Why should LMCTs be alert to the transfer from DJCS to DGS ?

Whilst the transfer as described is intended to be an administrative change, the Deputy Secretary also advised AADA that the DGS is committed to ensuring that consumers will continue to be protected by the Fund when buying from a LMCT, and that compensation claims continue to be assessed fairly and in accordance with the statutory criteria.

AADA supports the many varying state and federal consumer protection measures as they apply to the purchase of a motor vehicle from a LMCT.

AADA is firm in its view that any consumer claims must be assessed fairly and in accordance with the statutory criteria and that LMCTs must retain the right to defend claims without facing undue or inequitable burdens.

** This is not intended to be taken as legal advice. Any comments are of a general nature and provided for dealers to be aware of the new laws**

From 1 January 2026, Australia will be moving from a voluntary merger clearance regime to a mandatory merger notification regime for certain transactions meeting monetary thresholds (or other specific industry thresholds). The new notification regime draws its legislative authority from the Competition and Consumer Act 2010 (Cth).

To help dealers understand more about the Australian Competition and Consumer Commission (ACCC) Merger and Acquisitions regime as it applies from 1 January 2026, we attach a high-level summary developed by the Automotive Industry Group at HWLE Lawyers.

The high-level summary includes advice regarding:

• When ACCC notification is required.
• Advice on the actual monetary thresholds associated with the new regime.
• Pre-notification to the ACCC and where to find the prescribed notification forms.
• Filing fees associated with the new regime.
• Further potential charges.

What will this mean for dealers?

From 1 January 2026, any dealership merger or acquisition that exceeds the turnover thresholds will trigger a requirement to notify the ACCC. In essence, dealers will need to gain clearance from the ACCC for those transactions to take effect.

What happens if a dealer does not comply?

If you do not obtain clearance from the ACCC penalties of up to $50m or 30 per cent of the Australian group turnover may apply.

What is AADA’s position?

The AADA believes the new merger regime will capture the overwhelming majority of dealership merger or acquisitions. This will come at great cost and complexity for an industry which is not concentrated and is characterised by intense inter and intra-brand competition. We are meeting with Treasury next week and are in the process of commissioning research to demonstrate the effect of this regime on the automotive industry.

AADA advises dealers to take the appropriate legal or professional services advice when entering into dialogue about a merger or acquisition.

DOWNLOAD GUIDANCE DOCUMENT

Victorian dealers who complete vehicle roadworthiness testing as Licensed Vehicle Testers (LVT) are advised that the Department of Transport and Planning (DTP) have announced a new Electric Vehicle (EV) category.

From 1 June 2026, it will be mandatory for any Examining Mechanic who will inspect and test an Electric or Hybrid vehicle for the purposes of issuing a certificate of roadworthiness to be ‘EV’ accredited, and for the LVT Licence to have the ‘EV’ accreditation. LVTs may begin preparing now, with training and assessment already available through the existing RTO network. Additional equipment and safety requirements will also apply to premises conducting EV testing.

The AADA acknowledges the proactive role Victorian franchised dealers played in assisting DTP to understand the operational and safety considerations involved in EV servicing and inspection. We also recognise DTP’s constructive engagement with AADA throughout this process.

More information about these requirements will be provided in the LVT Licence Conditions which will be released next week by DTP.

Further details, including an extract of the announcement and DTP’s FAQs on the new category, are available at the link below.

READ MORE

Launched in June this year, the AADA National Service, Parts & Pre-Delivery Forum and the AADA Used Car Manager Reference Group have quickly become important channels for dealer feedback, industry updates, and member-driven policy work. As we wrap up the year, the final meetings for both groups are scheduled for December.

These forums ensure AADA continues to listen closely to members and respond to the day-to-day issues faced on the ground in these areas of the business. Your involvement directly helps shape AADA’s engagement with government, regulators and industry bodies.

AADA Used Car Reference Group

Date: Tuesday 16 December

Time: 2.00–3.00 pm AEDT

Chairs: Matthew Higgins (Phil Gilbert Motors NSW) & Paul O’Halloran (Hopper Motor Group Vic)

Issues on the agenda to be discussed include:

1. AADA work on the ACL – important update
2. Update on the PPSR and work done with the PPSR Regulator (Australian Financial Security Agency)
3. Online classified provider activity
4. Dealer processes for providing test drives for consumers – what is best practice?
5. Updates on:
   • ASIC review into the motor vehicle finance sector
   • AADA dealer guidance for tribunal or court claims
6. Launch of the AADA Dealer Academy

AADA National Service, Parts, and Pre-Delivery Forum

Date: Wednesday 17 December

Time: 2.00–3.00 pm AEDT

Chair: TBC

Supported by: Lance Walsh (NQ Auto Group), Stewart Jenkins (Hopper Motor Group), Jason McDonald (Western Ford)

Members are invited to forward any agenda items they wish to speak about. Current topics for discussion include:

1. AADA work on the ACL – important update
2. Update on dealer EV service, repair and roadworthiness issues:
   • NSW EV training requirements – update
   • Victorian EV roadworthy – update
   • State by state analysis on the regulatory requirements for dealers on the repair and vehicle fitness obligations of EVs.
   • Development of a streamlined solution to facilitate the recognition of prior learning for technicians who have attended OEM EV training.
3. Uncollected vehicles in dealer service departments.
4. Australian Government Inquiry into the current state of the Australian tyre industry – what does this mean for dealers who retail tyres?
5. AASRA update
6. AADA progress on:
   • National repair order
   • AADA dealer guidance for tribunal or court claims.

If your dealership would like to participate in either group, please submit your interest by registering below. Participation in each group is limited to AADA franchised new car dealership members or their used car specific subsidiaries.

REGISTER TO ATTEND

At the most recent AADA Used Car Dealer Forum, concerns were raised by dealers from all states about delays in removing financial encumbrances from vehicles on the Personal Property Securities Register (PPSR). The delays occur after the dealer has remitted the final payout amount to the party with the PPSR security interest. To help identify issues and improve PPSR processes, the AADA is asking dealers to complete a short survey capturing your experiences and any challenges with the PPSR.

Background

Legislative Requirement

Under Section 167(2) of the Personal Property Securities Act 2009 (Cth), secured parties must lodge a financing change statement within five business days of the security interest being satisfied. Dealers are concerned that this requirement is not being met by finance companies and auction houses.

Delays by finance companies and auction houses in not removing registrations from the PPSR after a security interest expires results in negative consequences for individuals, businesses and the credit system. Those delays can force dealers to cancel sales contracts, as vehicles cannot be delivered without clear title or inconvenience consumers who just want to take delivery of their purchased vehicle.

Other Key Dealer Concerns with the PPSR

Dealers have advised AADA that:

• A PPSR encumbrance removal can at times take up to three to four weeks after payout.
• Uncertainty about whether a PPSR certificate provides sufficient assurance of clear title.
• High fees charged by some private providers compared to the $2 PPSR search fee from the PPSR administrator, the Australian Finance Security Authority (AFSA).

AADA Action

AADA has engaged extensively with AFSA to address the slow discharge of PPSR encumbrances by finance companies and auction houses, other operational issues, and explore efficiencies for dealers and consumers. AFSA are keen to hear the Australian dealers’ experiences with the PPSR.

Have Your Say

To help identify issues and improve PPSR processes, AADA invites dealers to complete an eight-minute survey covering:

• Dealer interactions with finance companies.
• Auction house practices.
• Dispute resolution and the PPSR Registrar.
• Securing parts supply for aftermarket and repair sectors.

It should be taken by your dealership’s Finance and Insurance Manager and/or your dealership’s Chief Financial Officer or Administrative Manager.

AFSA will review the survey outcomes and has expressed an interest in understanding dealer experiences with the PPSR. Dealers are encouraged to visit the AFSA Regulatory Action Statement 2025-26 to view other areas where AFSA will focus on the 2025-26 period.

The survey will be open for responses until 15 December 2025.

COMPLETE SURVEY