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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 168
Matters for which claims may be made
168 Matters for which claims may be made
(1) The following losses incurred by a person are losses for which the person
may claim compensation under this Part-- (a) a loss because the repair work
carried out on a motor vehicle by or on behalf of a motor vehicle repairer or
by a tradesperson was not competently done,
(b) a loss incurred in connection
with a motor vehicle because a motor dealer failed to comply with this Act or
the regulations,
(c) a loss incurred in connection with a motor vehicle
because of a breach by a motor dealer of a contract made by the person with
the motor dealer, but only if the breach is of a kind prescribed by the
regulations for the purposes of this section,
(d) a loss incurred in
connection with a motor vehicle because the motor dealer failed to give to the
person an unencumbered title to the motor vehicle,
(e) a loss incurred
because of a failure to account by a motor dealer.
(2) The following losses
incurred by a person are not losses for which the person may claim
compensation under this Part-- (a) a loss for which compensation has been paid
under this Part or for which the Secretary has previously given a certificate
under this Part,
(b) a loss incurred by the person when acting in the
capacity of a motor dealer, motor vehicle repairer, financier or
motor vehicle recycler,
(c) a loss consisting of or arising from death or
personal injury,
(d) a loss of or damage to property other than a
motor vehicle,
(e) a loss of or damage to improvements made to a
motor vehicle after the motor vehicle was purchased from the motor dealer
concerned,
(f) a loss incurred by the claimant (including a statutory body
representing the Crown) in connection with any repair work done by an employee
of the claimant.
(3) The regulations may prescribe other losses for which a
claim for compensation may, or may not, be made under this Part.
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