From repair cafés to policy reform, Canberra has been at the forefront of the right to repair movement in so called Australia. Local activists and the ACT Greens have pushed for change, while federal policy trails behind global developments.
The Canberra Revolution
The ACT Greens have been a catalyst for a push for local, national, and international law reform in respect of the right to repair.
There has long been a grassroots movement for sustainability in the ACT. The Canberra Environment Centre has worked for nearly 50 years on public education and the environment. The Canberra Repair Café has enabled repairs of textiles, clothes, jewellery, and electrical items. Initially run at the Canberra Environment Centre, it has moved to Hughes, and become the Hughes Repair Café in Woden. Hawker Men’s Shed hosts a Repair Café in Belconnen. There has also been a Tuggeranong Repair Café in Monash. The Giralang Makerspace – Make, Hack, Void – has also provided facilities for repair and remaking of goods.
Inspired by such local activism, the ACT Greens Leader Shane Rattenbury has played an instrumental role in establishing the inquiry into the right to repair — caucusing with other State and Territory consumer affairs ministers, and lobbying the Federal Government to establish a fact-finding inquiry. Rattenbury has argued: ‘Canberrans deserve the right to get our faulty goods fixed, changed or improved, to improve sustainability and to stop products and resources being wasted.’ He contends: ‘The ACT Greens have been calling for a national “right to repair”, which will put the power back in the hands of the consumer, allowing them to repair faulty goods at a competitive price by a manufacturer, a third party, or in some instances, self-repair.’
Jo Clay, ACT Greens Member for Ginninderra and Spokesperson for Circular Economy, has added: ‘Endless consumption on a finite planet will not work’. She emphasized: ‘We need to move to a Circular Economy as soon as possible, and I’m really heartened to see a lot of businesses and nonprofits already showing the way right here in the ACT.’ In her view, ‘Repairing items rather than replacing them is good for the planet, good for the wallet and a great community activity to share in.’
The cause of the right to repair has been taken up by the ACT Government. In a submission, the ACT Government expressed its belief that ‘these challenges offer many opportunities for governments and manufacturers to use consumer friendly policies that can drive new and evolving innovation, provide consumers with better products and over time, see Australia become a leader of recycling techniques here and globally.’
1 / The Productivity Commission
Australia’s Productivity Commission investigated whether there should be law reform to support a right to repair in Australia. The Productivity Commission held a number of hearings with a broad cross-section of stakeholders and the community.
Various repair cafes, makerspaces, fab labs, and civil society organisations have pushed for the recognition of a right to repair in Australia. The Bower Reuse and Repair Centres based in the NSW have argued: ‘A central element needed to grow the circular economy is your right to repair your essential household and personal items – a Right to Repair supported and enforced by government laws and policy.’ Substation 33 (Queensland) is a social enterprise initiative, which is involved in the recycling, repurposing and reuse of e-waste to reduce negative environmental impacts.
The Productivity Commission produced an issues report in 2020, a draft report in 2021, and a final report at the end of 2021. Taking an interdisciplinary, holistic approach to the issue, the Productivity Commission shows a strong understanding that the topic of the right to repair is a multifaceted policy issue. The report covers the fields of consumer law, competition policy, intellectual property, product stewardship, and environmental law. The Productivity Commission found that ‘there are significant and unnecessary barriers to repair for some products.’ The report ‘proposes a suite of measures that aim to enhance consumers’ right to repair while providing net benefits to the community.’
Traditionally, the right to repair has arisen in respect of space parts and motor vehicles. Australia’s Treasury helped establish a scheme for sharing repair information in respect of motor vehicles. However, there has been litigation in respect of designs law and spare parts in relation to motor vehicles.
In the field of agriculture, the National Farmers Federation has expressed concern about the impact of repair restrictions upon regional and rural Australia. In its submission to the Productivity Commission, the Federation commented: ‘By restricting customers’ ability to use independent repairers and non-genuine parts, manufacturers can charge inflated prices for their parts and services and deny purchasers access to cheaper, more available services and parts.’ The Federation was particularly concerned about agricultural machinery such as tractors.
Apple, the information technology company, has been lobbying against the right to repair, and has even taken legal action against independent repairers under intellectual property. The Australian Competition and Consumer Commission has taken action against Apple under Australian consumer law in respect of its repair practices in the past. Apple’s co-founder Steve Wozniak has lamented the shift of the company from an open platform to a closed ecosystem. He has lent his support for the campaign for a right to repair.
There has also been significant interest in the impact of the right to repair upon the development of a circular economy. Repair cafes and social enterprises made submissions to the inquiry about the best ways and means of reducing e-waste. Design institutes discussed the need to develop green designs in order to promote sustainable development. Climate activists have seen the right to repair as part of the push to shift to a low-emissions economy.
The COVID-19 public health crisis has also highlighted that the right to repair is a significant issue in the field of medical technology. There have been life-and-death issues relating to the repair of ventilators during the pandemic. As The Lancethas noted, ‘COVID-19 has forced hospitals to use ventilators that have been in storage for many years, including some that were previously decommissioned.’
2 / The Albanese Government
With the Productivity Commission inquiry, Australia has an opportunity to be a pioneer in the right to repair revolution. The new Albanese Government has been considering the recommendations of the Productivity Commission on the right to repair. A few years since the publication of the report, there has only been a piecemeal response thus far by the Federal Government – rather than the holistic reform called for by the Productivity Commission.
The Hon. Dr Andrew Leigh MP is the Assistant Minister for Competition, Charities, and Treasury in the Albanese Government. The Australian Capital Territory Canberra politician seems to have carriage of the topic of the right to repair.
Leigh discussed the Productivity Commission report in 2022. He commented: ‘As governments and policymakers, we should always consider whether our laws are operating as intended and whether improvements are required.’ He suggested: ‘There are opportunities to further reduce barriers to repair for products in some markets, and the Australian Government wants to pursue reforms that are evidence‑based and target sectors where it will be most beneficial.’
Leigh has been interested in the motor vehicle service and repair information sharing scheme, noting in 2024: ‘The Government is committed to ensuring the Scheme remains fit-for-purpose, and we will continue to collaborate with the automotive sector to ensure Australia has world-leading right to repair laws.’
In the field of agriculture, it has been said that the right to repair talks have been in holding pattern – with no resolution of the discussion between farmers and agricultural vehicle manufacturers. Leigh has commented: ‘The Australian Government is conscious that the issue of right to repair is particularly important for farmers and other owners of agricultural machinery.’ He has observed: ‘We are monitoring the progress of these discussions and would welcome a scheme put together by the industry that improves access to data and repair services.’
In 2024, Leigh has discussed ‘the right to access easier and cheaper options to repair products that are technically repairable’ in the context consumer law and competition policy. He has argued: ‘Done right, with a recognition of intellectual property rights, innovation and public safety, [the right to repair] will save consumers time and money.’
While encouraging agreements within specific industries, the Albanese Government has not yet prepared a legislative bill to provide for the wholesale recognition of a right to repair. It looks like the promises of policy action on the right to repair will not be fulfilled in the first term of the Albanese Government. The delay of a full government response to the 2021 Productivity Commission inquiry on the right to repair has been unfortunate. The lack of progress on the right to repair in Australia is disappointing – especially given comparative and international developments on the right to repair.
3 / International Developments
It is important that Australia keeps up-to-date with dynamic international developments in the field of the right to repair.
In the United States, there has been litigation and policy debate over repair restrictions. Farmers have brought a consolidated class action against John Deere, claiming that its repair restrictions violate the Sherman Act (which governs competition law in the United States). The Electronic Frontier Foundation has pushed for a recognition of the right to fix consumer electronic devices – such as mobile phones and tablets. iFixit (USA) has supported calls for ‘legislation supporting Right to Repair requires manufacturers to provide repair documentation, parts, and tools to consumers and independent repair shops.’ PIRG – part of the Public Interest Network – has been ‘working to pass Right to Repair laws that would require manufacturers like Apple, John Deere and Microsoft to provide consumers and independent repairers with access to the parts, physical and software tools, and information such as schematics at a fair and reasonable price.’
In response, President Joe Biden has taken decisive action, and issued executive orders designed to promote fair competition, supporting the right to repair in agriculture, as well as information technology. The Federal Trade Commission chaired by Biden appointee Lina Khan has prioritized enforcement action in relation to repair restrictions under consumer law and anti-trust action. Khan commented: ‘These types of restrictions can significantly raise costs for consumers, stifle innovation, close off business opportunity for independent repair shops, create unnecessary electronic waste, delay timely repairs, and undermine resiliency.’ In 2022, the Federal Trade Commission took action against motorcycle manufacturer Harley-Davidson Motor Company Group, LLC and Westinghouse outdoor generator maker MWE Investments, LLC for illegally restricting customers’ right to repair their purchased products. In October 2024, the Federal Trade Commission began an investigation as to whether John Deere’s repair restrictions on farmers violated the Federal Trade Commission Act’s prohibition against ‘unfair methods of competition’.
In the United States Congress, Representative Joe Morelle has composed a national right to repair bill, and Senator Ron Wyden and Representative Yvette Clarke have introduced the Critical Medical Infrastructure Right to Repair Bill of 2020. Senator Jon Tester has proposed an Agricultural Right to Repair Act to enable farmers the right to repair their own farm equipment and agricultural machinery.
In addition to such Federal activity, a number of individual states have also been considering right to repair laws. Colorado has been an early mover. Colorado recognizes a right to repair for wheelchairs in 2022. Colorado recognized an agricultural right to repair in 2023. Colorado has passed a Consumer Right to Repair Digital Electronic Equipment in 2024. Governor Jared Polis commented: ‘Under this bill, when an item is broken, it could be a cellphone like this, a dishwasher, a washing machine, or a laptop, Coloradans will have the information they need to repair their own equipment or use the repair provider of their own choice.’
Meanwhile, in Canada, the Parliament has been warmly considering a bill designed to ensure that independent repairers are not subject to legal action under copyright law and technological protection measures. Bill C-244 – an act to amend the copyright act to allow for diagnosis, maintenance and repair – has passed the House of Commons, and is currently being debated in the Senate. In its 2023 Fall Economic Statement, the Government of Canada has reiterated its commitment to a right to repair.
New Zealand has also been considering whether to engage in law reform in respect to the right to repair. The co-leader of the NZ Greens, Marama Davidson, has introduced the private member’s bill, the Consumer Guarantees (Right to Repair) Amendment Bill 2024 (NZ). This bill seeks to provide a broader guarantee as to information, repairs, and spare parts. The explanatory note observes that ‘this will extend the life‐time of products, keeping resources in circulation and waste out of landfills.’ The note emphasizes: ‘This reform is an important step toward building a circular resource economy to mitigate climate change and protect biodiversity’. The note also observes: ‘By enabling consumers to repair rather than replace products, it also reduces household expenses at a moment when cost pressures are particularly acute.’
The European Union has shown leadership in this field, issuing an Eco-Design Directive, and supporting policies designed to promote product stewardship, sustainable development, and a circular economy. In 2023, the European Parliament adopted its position on a stronger right to repair, for consumers. Rapporteur René Repasi (S&D, DE) commented: ‘We adopted a series of measures to encourage consumers to choose repair over replacement, with a special focus on supporting independent repairers and establishing financial incentives.’ Repasi hoped ‘to transform these measures into law and pave the way for a truly circular European economy.’
The European Council and Parliament have struck a deal on a right to repair directive in February 2024. Maroš Šefčovič, Executive Vice-President for European Green Deal, Interinstitutional Relations and Foresight, has commented that the right to repair is ‘key to Europe’s transition to a green and circular economy, creating jobs, reducing waste and dependencies, and complementing the ecodesign rules, which will make sure that products sold on the EU market are repairable.’ In April 2024, the European Parliament adopted the directive on the right to repair, with 584 votes in favour, 3 against, and 14 abstentions. Civil society organisations such as Generation Climate Europe have called for the directive on the right to repair to be extended to a wider array of subject matter, beyond consumer goods.
There is a notable right to repair movement in South America. Reparalab, for instance, is a social movement based in Chile, which seeks to enable repair and disseminate repair information through collaborative actions. Reparalab has been lobbying for the recognition of a right to repair. The Government Roadmap for a Circular Chile by 2040 includes a discussion of the role of repair in achieving a circular economy.
Right to Repair South Africa has been focused on a right to repair campaign in the automotive aftermarket. Circular Energy has called on the South African Government to recognize a right to repair to protect the environment and boost the local economy. Policy Lab Africa has established a repair directory and training programme in Nigeria.
At an international level, the United Nations Sustainable Development Goals have been promoting sustainable innovation – particularly sustainable production and consumption under Sustainable Development Goal 12. The United Nations Development Programme (UNDP) has established a network of Accelerator Labs to help realise the United Nations Sustainable Development Goals. UNDP Administrator, Brazilian-German diplomat Achim Steiner has said: ‘Innovation of all kinds- technological, social, cultural-needs to be at the heart of sustainable choices we make today.’ As well as supporting a circular economy and de-growth, the right to repair could be seen as part of a larger international effort to take climate action.
*
The ACT Greens and the Canberra community have shown a strong interest in the adoption of a right to repair to support consumer rights, competition policy, and sustainable development. The ACT Government has been a leader in the policy debate over the right to repair in Australia. The Productivity Commission has identified a number of repair restrictions, adversely affecting consumers in a range of markets. The Albanese Government, though, has not taken substantive action on the right to repair in its first term of governance. By contrast, the Biden administration has issued an executive order, supporting the right to repair in the United States. The Federal Trade Commission has undertaken a number of investigations and enforcement actions relating to the right to repair. The European Union has adopted a Directive on the right to repair. There has been significant development in other jurisdictions on the right to repair such as in Chile and South Africa. There is a larger discussion about how the right to repair could help realise the United Nations Sustainable Development Goals. The newly constituted ACT Government should renew its interest in the right to repair. In the absence of Federal action on the right to repair, the ACT Government should press ahead, and develop Territory fair trading laws, which will liberate Canberra citizens from repair restrictions.
Dr Matthew Rimmer is a Professor in Intellectual Property and Innovation Law at the Faculty of Business and Law, at the Queensland University of Technology (QUT). He has published widely on copyright law and information technology, patent law and biotechnology, access to medicines, plain packaging of tobacco products, intellectual property and climate change, Indigenous Intellectual Property, intellectual property and trade, and 3D printing regulation. He is undertaking research on intellectual property and sustainable development (including the debate over the right to repair); greenwashing; intellectual property, access to essential medicines, and public health (particularly looking at the COVID-19 crisis), and tobacco endgame policies. His work is archived at QUT ePrints, SSRN Abstracts, Bepress Selected Works, and Open Science Framework.
Featured image: Laser and video discs 29 (2013) by Windell Oskay CC BY 2.0.