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Posted: 2021-12-01 20:58:31

Many of the everyday items we own have become more technologically advanced in recent years, from fridges to mobile phones to cars and even tractors.

But our ability to repair them has become harder, with many companies insisting only the manufacturer is able to do so.

That could all be about to change, with the Productivity Commission recommending the federal government amend laws to give consumers more rights.

The Commission's 'Right to Repair' report, released on Wednesday, sets out a raft of recommendations that include changes to consumer and intellectual copyright laws. 

"It's a really strong message to government that there have serious problems for consumers in competition markets that need to be addressed," Professor Leanne Wiseman, an expert from Griffith University, said.

"It's the first inquiry that's addressed the broad range of issues that are involved in right to repair, which is the competition and consumer Law aspects, the intellectual property law aspects, as well as the product stewardship and E-waste aspects."

A woman stands in a park smiling at the camera.
Griffith University intellectual property law professor Leanne Wiseman says the Productivity Commission report is a major step.(ABC News: Rosie King)

Professor Wiseman said there were important recommendations about the right to repair medical devices. 

"What we saw in the United States with the COVID crisis was that we had broken ventilators in hospitals and they weren't able to be repaired," she said.

Big win for farmers

Farmers have been fighting for a change to laws with agricultural machinery manufacturers like John Deere, prohibiting individuals or independent repairers from fixing things. 

"The scale and complexity of machinery has increased in the last decade and will only increase more," WA farmer Sue Middleton said. 

It's a global problem with the right to repair movement across the world calling for mandates for manufacturers to create goods that are fixable.

Two mature people walk through their citrus orchard, surrounded by orange trees.
Sue Middleton hopes the federal government will accept the recommendations and move quickly on the right to repair.(ABC News: Glynn Jones)

"It basically puts you into a market monopoly situation," Ms Middleton said.

"What we were really seeking is that farmers, and or independent repairers, have the right to access the diagnostic information, and or the right to repair and get parts."

The Productivity Commission agreed and said there '"are significant and unnecessary barriers to repair for some products". 

Tougher enforcement

The Commission also recommended warranty regulations be amended to include the right to remedies under consumer law to not require consumers to have previously used authorised repair services or repair parts.

It also recommended that Australia's consumer watchdog, the ACCC, be given greater powers, including the ability to enforce fines on companies that don't comply.

"A failure of a company to make good its consumer guarantee obligations, doesn't have a penalty associated with it," ACCC Deputy Chair Mick Keogh said.

"It would simply require the legislation to be amended to  include penalty provisions.

"And we wouldn't need any extra resources. In fact, it would make our job easier because we would then have some real enforcement potential."

A header harvesting wheat half way between Moree and Goondiwindi with rain in the background, October 2020.
Agricultural machinery like headers are incredibly advanced and in many cases manufacturers don't allow them to be repaired by individuals or independent repairers.(Supplied: Chris Wright)

The Productivity Commission wants to see the recommendations implemented by the end of 2022.

In a statement, Assistant Treasurer Michael Sukkar said he welcomed the report.

"Given the breadth of matters considered, the government will consider how the report's recommendations interact with existing policy to ensure costs and benefits are measured and appropriate and provide our response early next year."

Farmer Sue Middleton hopes changes will be made before the next harvest.

"I think this is a really positive outcome. And I'm absolutely certain that the government will want to jump on this and get this in place as quickly as we can," she said.

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