Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
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 (Repealed)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 (Repealed)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
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback