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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 145
Applications to Tribunal about unfair supply contracts and unjust conduct
145 Applications to Tribunal about unfair supply contracts and unjust conduct
(1) A motor industry group or the Small Business Commissioner may apply to the
Tribunal on behalf of a motor dealer or class of motor dealers for a
declaration that a term of a supply contract or a class of supply contracts is
unfair, or that conduct of a manufacturer is unjust, and for orders under this
Part.
(2) A motor dealer may apply to the Tribunal for a declaration that a
term of a supply contract is unfair, or that conduct of a manufacturer is
unjust, and for orders under this Part.
(3) An application may not be made by
a motor industry group or a motor dealer in relation to a matter unless the
motor industry group or motor dealer has first made a complaint to the Small
Business Commissioner about the matter and the Commissioner has provided a
certificate under section 19 of the Small Business Commissioner Act 2013 as
to the outcome of procedures under that Act relating to the complaint.
(4) An
applicant for a declaration and an order under this Part must give notice in
writing of the application to the Secretary.
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