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MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014


- As at 19 February 2024 
- Act 20 of 2014 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Relationship with Fair Trading Inspectors Act 2014

           Division 2 - Exemptions

   5.      Financial institutions and trustee companies
   6.      Particular auctions
   7.      Administrators etc.

           Division 3 - Object of Act

   8.      Main object

           Division 4 - Interpretation

   9.      Definitions
   10.     Meaning of beneficial interest
   11.     Meaning of in charge
   12.     Meaning of motor vehicle
   13.     Meaning of sale by auction

   PART 2 - LICENSING

           Division 1 - Categories of licence

   14.     Categories of licence

           Division 2 - Limited motor dealer licence

   15.     Limited motor dealer licence

           Division 3 - How to obtain a licence

   16.     Steps involved in obtaining a licence

           Division 4 - Applications for licence

   17.     Application for licence
   18.     Applicant must state business address
   19.     Particular persons can not make application
   20.     Requirement to give information or material about application or request

           Division 5 - Suitability of applicants and licensees

   21.     Suitability of applicants and licensees—individuals
   22.     Suitability of applicants and licensees—corporations
   23.     Chief executive must consider suitability of applicants and licensees
   24.     Public trustee is a suitable person
   25.     Chief executive of department is a suitable person
   26.     Investigations about suitability of applicants, nominated persons and licensees
   27.     Notice of change in criminal history
   28.     Costs of criminal history report
   29.     Use of information obtained under s 26 or s 27
   30.     (Repealed)
   31.     (Repealed)

           Division 6 - Eligibility for licence

              Subdivision 1 - Motor dealer licence

   32.     Eligibility for motor dealer licence

              Subdivision 2 - Chattel auctioneer licence

   33.     Eligibility for chattel auctioneer licence

              Subdivision 3 - Chief executives and corporation sole

   34.     Public trustee is eligible for licence
   35.     Chief executive of department is eligible for licence

           Division 7 - Issue of licences

   36.     Chief executive may issue or refuse to issue licence
   37.     Licence—public trustee
   38.     Licence—chief executive of department
   39.     Licence—conditions

           Division 8 - Restrictions on performing activities under licences

   40.     Restriction—corporations
   41.     Restriction—individuals
   42.     Restriction—conditions

           Division 9 - Renewal and restoration of licences

              Subdivision 1 - Renewal

   43.     Application for renewal
   44.     Chief executive may renew or refuse to renew licence
   45.     Licence taken to be in force while application for renewal is considered

              Subdivision 2 - Restoration

   46.     Application for restoration
   47.     Licence taken to be in force while application for restoration is considered
   48.     Chief executive may restore or refuse to restore licence

           Division 10 - Dealings with licences

              Subdivision 1 - Transfer of licence

   49.     Transfer of licence prohibited
   50.     Offence to sell, lend or borrow licence

              Subdivision 2 - Substitute licences

   51.     Appointment of substitute licensee—principal licensee—individual
   52.     Appointment of substitute licensee—employed licensee in charge of a licensee’s business at a place
   53.     Chief executive may appoint or refuse to appoint substitute licensee
   54.     Substitute licensee
   55.     Limitation on period of substitution

              Subdivision 3 - General

   56.     Amendment of licence conditions
   57.     Return of licence for amendment or replacement
   58.     Return of licence for suspension or cancellation
   59.     Surrender of licence
   60.     Licence may be deactivated

           Division 11 - Suspension and cancellation of licences

   61.     Immediate suspension
   62.     Immediate cancellation
   63.     (Repealed)

           Division 12 - General provisions about licences

   64.     Form of licence
   65.     Requirement to keep copy of licence available for inspection
   66.     Term of licence
   67.     Replacement licences
   68.     Register of licences

           Division 13 - General provisions about licensees

   69.     Licensees to notify chief executive of changes in circumstances
   70.     Registered office
   71.     Licensee must notify chief executive of change in place of business etc.
   72.     Advertising
   73.     Licensee to obtain statement from seller of vehicle
   74.     Licensee to give statement to buyer of vehicle
   75.     Production of licence

   PART 3 - MOTOR DEALERS

           Division 1 - Motor dealers’ authorisation and responsibilities

   76.     What a motor dealer licence authorises
   77.     Responsibility for acts and omissions of motor salespersons

           Division 2 - Carrying on business

   78.     Carrying on of business under motor dealer licence
   79.     Licensee to be in charge of motor dealer’s business at a place
   80.     Motor dealer dealing in motor vehicles

           Division 3 - Appointment

              Subdivision 1 - Requirements

   81.     Appointment—sale on consignment
   82.     Content of appointment
   83.     Form of appointment
   84.     Giving signed appointment to client

              Subdivision 2 - Assignment

   85.     Proposal for assignment of appointment

           Division 4 - Particular conduct provisions

              Subdivision 1 - Consignment selling

   86.     Trade-ins

              Subdivision 2 - Recovery of reward or expense

   87.     Commission may be claimed only for actual amounts
   88.     Restriction on remedy for reward or expense
   89.     Excess commission etc. to be repaid

              Subdivision 3 - Interests in motor vehicles

   90.     Definition for sdiv 3
   91.     Beneficial interest—options
   92.     Beneficial interest—other than options
   93.     Return of beneficial interest if in form of commission

              Subdivision 4 - Prescribed conduct provisions

   94.     Prescribed conduct provisions

              Subdivision 5 - Sales of used motor vehicles that are written-off vehicles

   95.     Notice to be given about used motor vehicle—written-off vehicle

           Division 5 - Sale of motor vehicles by motor dealer

   96.     Obligation to give clear title
   97.     Contract must contain statement of guarantee of clear title

           Division 6 - Cooling-off period

   98.     Definitions for div 6
   99.     Meaning of cooling-off period
   100.    Application of div 6
   101.    Particular vehicles for sale on consignment to be identified as not being subject to cooling-off period
   102.    Notice to be given about used motor vehicle—no prior contract
   103.    Option to purchase during cooling-off period
   104.    Buyer’s rights if notice not given or materially defective
   105.    Contract must contain cooling-off clause
   106.    Consideration for cooling-off period
   107.    Consideration for option
   108.    Harassment or coercion
   109.    Property does not pass during cooling-off period
   110.    Buyer may avoid contract during cooling-off period
   111.    Procedure for avoidance
   112.    What happens when contract avoided
   113.    Consideration for used motor vehicle during cooling-off period

           Division 7 - Dealing with warranted and unwarranted vehicles

   114.    Definition for div 7
   115.    Statutory warranty for warranted vehicles
   116.    Unwarranted and restorable vehicles to be identified when offered for sale
   116A.   Waiver of statutory warranty for restorable vehicles

           Division 8 - General

   117.    Motor dealer to keep transactions register
   118.    Contract of sale

           Division 9 - Particular offences

   119.    Acting as motor dealer
   120.    Motor dealer must not act for more than 1 party
   121.    Employment of persons in motor dealer business

   PART 4 - CHATTEL AUCTIONEERS

           Division 1 - Chattel auctioneers’ authorisation

   122.    What a chattel auctioneer licence authorises

           Division 2 - Carrying on business

   123.    Carrying on of business under chattel auctioneer licence
   124.    Licensee to be in charge of chattel auctioneer’s business at a place

           Division 3 - Appointment

              Subdivision 1 - Requirements

   125.    Appointment of chattel auctioneer
   126.    Content of appointment
   127.    Form of appointment
   128.    Giving signed appointment to client

              Subdivision 2 - Assignment

   129.    Proposal for assignment of appointments

           Division 4 - Particular conduct provisions

              Subdivision 1 - Auctions of goods

   130.    Buyer’s premium

              Subdivision 2 - Recovery of reward or expense

   131.    Commission may be claimed only for actual amounts
   132.    Restriction on remedy for reward or expense
   133.    Restriction on recovery of reward or expense above amount allowed
   134.    Excess commission etc. to be repaid

              Subdivision 3 - Interests in goods

   135.    Definition for sdiv 3
   136.    Beneficial interest—options
   137.    Beneficial interest—other than options
   138.    Return of beneficial interest if in form of commission
   139.    Non-application of s 137 for particular livestock sales

              Subdivision 4 - Prescribed conduct provisions

   140.    Prescribed conduct provisions

              Subdivision 5 - Sales of written-off vehicles

   141.    Announcements before auction—written-off vehicle

           Division 5 - Sale of motor vehicles by auction

   142.    Obligation to give clear title
   143.    Contract must contain statement of guarantee of clear title

           Division 6 - Dealing with warranted and unwarranted vehicles

   144.    Definition for div 6
   145.    Statutory warranty for warranted vehicles
   146.    Unwarranted and restorable vehicles to be identified when offered for sale
   146A.   Bidders to register for auction of restorable vehicles
   147.    Announcements before auction
   147A.   Effect of sale of restorable vehicle to registered bidder

           Division 7 - General

   148.    Licensee’s disclosures to persons taking part in auction

           Division 8 - Particular offences

   149.    Acting as chattel auctioneer
   150.    Chattel auctioneer must not act for more than 1 party

   PART 5 - REGISTRATION OF MOTOR SALESPERSONS

           Division 1 - Categories of registration

   151.    Categories of registration certificate

           Division 2 - Motor salespersons’ authorisation

   152.    What a registration certificate authorises

           Division 3 - How to obtain registration

   153.    Steps involved in obtaining registration

           Division 4 - Applications for registration

   154.    Application for registration
   155.    Particular persons can not make application
   156.    Requirement to give chief executive information or material about application

           Division 5 - Suitability of applicants

   157.    Suitability of applicants
   158.    Chief executive must consider suitability of applicants
   159.    Investigations about suitability of applicants
   160.    Notice of change in criminal history
   161.    Costs of criminal history report
   162.    Use of information obtained under s 159 or s 160
   163.    (Repealed)
   164.    (Repealed)

           Division 6 - Eligibility for registration

   165.    Eligibility for registration as motor salesperson

           Division 7 - Issue of registration certificate

   166.    Chief executive may issue or refuse to issue registration certificate
   167.    Registration certificate—conditions

           Division 8 - Renewal and restoration of registration certificates

              Subdivision 1 - Renewal

   168.    Application for renewal
   169.    Chief executive may renew or refuse to renew registration certificate
   170.    Registration certificate taken to be in force while application for renewal is considered

              Subdivision 2 - Restoration

   171.    Application for restoration
   172.    Chief executive may restore or refuse to restore registration certificate
   173.    Registration certificate taken to be in force while application for restoration is considered

           Division 9 - Dealings with registration certificates

              Subdivision 1 - Transfer of registration certificate

   174.    Transfer of registration certificate prohibited
   175.    Offence to sell, lend or borrow registration certificate

              Subdivision 2 - General

   176.    Amendment of registration certificate conditions
   177.    Return of registration certificate for amendment or replacement
   178.    Return of registration certificate for suspension or cancellation
   179.    Surrender of registration certificate

           Division 10 - Suspension and cancellation of registration certificates

   180.    Immediate suspension
   181.    Immediate cancellation
   182.    (Repealed)

           Division 11 - General provisions about employee registration

   183.    Form of registration certificate
   184.    Requirement to keep copy of registration certificate available for inspection
   185.    Term of registration certificate
   186.    Replacement certificates
   187.    Register of registration certificates
   188.    Motor salespersons to notify chief executive of changes in circumstances
   189.    Production of registration certificate
   190.    Pretending to be motor salesperson

   PART 6 - TRUST ACCOUNTS

   191.    Keeping trust accounts

   PART 7 - PROCEEDINGS

           Division 1 - Preliminary

   192.    Definitions for part
   193.    Jurisdiction

           Division 2 - Disciplinary proceedings

   194.    Grounds for starting disciplinary proceedings
   195.    Starting disciplinary proceedings

           Division 3 - Review proceedings

   196.    Person dissatisfied with chief executive’s decision may seek review
   197.    Stay of operation of decisions
   198.    QCAT may extend time

           Division 4 - QCAT’s orders

   199.    Orders QCAT may make on disciplinary hearing
   200.    Stopping contraventions

           Division 5 - Chief executive’s right of appeal

   201.    Appeal
   202.    (Repealed)
   203.    (Repealed)

   PART 8 - INJUNCTIONS AND UNDERTAKINGS

           Division 1 - Injunctions

   204.    Grounds for injunction
   205.    Who may apply for injunction
   206.    When injunction may be granted
   207.    Court’s powers for injunctions
   208.    Terms of injunction
   209.    Undertakings as to costs

           Division 2 - Undertakings

   210.    Chief executive may seek undertaking after contravention
   211.    Undertaking about other matter
   212.    Variation and withdrawal of undertakings
   213.    Enforcement of undertakings
   214.    Register of undertakings

   PART 9 - GENERAL CONTRAVENTIONS AND EVIDENTIARY MATTERS

           Division 1 - General contraventions

   215.    Wrongful conversion and false accounts
   216.    False representations about goods
   217.    Chief executive’s power to ask for substantiation of representations
   218.    False representations about mileage
   219.    Tampering with odometers
   220.    Offence to charge fee for providing documents etc.
   221.    False or misleading statements
   222.    False or misleading documents

           Division 2 - Evidentiary matters

   223.    Evidence of tampering by a motor dealer or chattel auctioneer
   224.    Continuing false representation—tampered with odometer
   225.    Evidentiary provisions
   226.    Entries in licensee’s documents

           Division 3 - Proceedings

   227.    Proceedings for an offence
   228.    Responsibility for acts or omissions of representatives
   229.    Power of court
   230.    Allegations of false or misleading representations or statements etc.

   PART 10 - GENERAL

   230A.   Exchange of information
   230B.   Confidentiality
   231.    Public warning statements
   232.    Civil remedies not affected
   233.    Criminal Proceeds Confiscation Act 2002 not limited
   234.    Delegation—chief executive
   235.    Approved forms
   236.    Regulation-making power

   PART 11 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provisions for repeal of PAMDA

   237.    Transitional provisions for repeal of PAMDA

           Division 2 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

   238.    Definitions for division
   239.    Applications not finally decided
   240.    Proceedings not finally decided
   241.    Reapplying for licences and registration certificates
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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