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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MOTOR VEHICLE TRADERS AMENDMENT BILL
2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Commencement)
5. Section 45 amended (What the statutory warranty does not
cover)
6. Section 64 substituted
64. Consequential amendments
7. Schedule 1 substituted
Schedule 1 - Consequential Amendments
Schedule 1A - Further Consequential Amendments
8. Repeal of Act
[Bill 52]-III
2
MOTOR VEHICLE TRADERS AMENDMENT BILL
2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
18 October 2011
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Motor Vehicle Traders Act 2011
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Motor Vehicle
Traders Amendment Act 2011.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 52] 3
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 3
3. Principal Act
In this Act, the Motor Vehicle Traders Act 2011*
is referred to as the Principal Act.
4. Section 2 amended (Commencement)
Section 2 of the Principal Act is amended by
inserting "or days" after "day".
5. Section 45 amended (What the statutory warranty
does not cover)
Section 45 of the Principal Act is amended as
follows:
(a) by omitting the definition of "clutch-
driven plate" from subsection (1);
(b) by omitting "pressure plate, clutch
release bearing or flywheel;" from
subsection (2)(a)(ii) and substituting
"clutch pressure plate, spigot bearing,
clutch release bearing or flywheel clutch
face;".
6. Section 64 substituted
Section 64 of the Principal Act is repealed and
the following section is substituted:
*No. 23 of 2011
4
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 7
64. Consequential amendments
(1) The legislation specified in Schedule 1 is
amended as specified in that Schedule.
(2) The legislation specified in Schedule 1A
is amended as specified in that Schedule.
7. Schedule 1 substituted
Schedule 1 to the Principal Act is repealed and
the following Schedules are substituted:
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 64(1)
Australian Consumer Law (Tasmania) Act 2010
1. Section 50 is amended as follows:
(a) by omitting from subsection (1)
"1 January 2012." and
substituting "1 April 2012.";
(b) by omitting from subsection (2)
"1 January 2012" and substituting
"1 April 2012".
Consumer Affairs Act 1988
1. Section 3A is amended by inserting "the
Motor Vehicle Traders Act 2011," after
"Collections for Charities Act 2001,".
5
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 7
SCHEDULE 1A - FURTHER CONSEQUENTIAL
AMENDMENTS
Section 64(2)
Duties Act 2001
1. Section 3 is amended as follows:
(a) by inserting the following
definition after the definition of
"lease":
"licensed motor vehicle
trader" means a person
who holds a motor vehicle
trader licence under the
Motor Vehicle Traders
Act 2011;
(b) by inserting the following
definition after the definition of
"motor vehicle":
"motor vehicle trader
licence" has the same
meaning as in the Motor
Vehicle Traders Act 2011;
2. Section 204 is repealed and the following
section is substituted:
204. Exemptions for motor dealers
Duty under this Chapter is not payable
by -
(a) a licensed motor vehicle
trader in respect of the
6
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 7
registration or transfer of a
motor vehicle acquired and
used for a purpose specified
in section 214(1); or
(b) a motor dealer who holds an
exemption certificate in
respect of the registration or
transfer of a type of motor
vehicle specified in that
certificate acquired and used
solely for a purpose
specified in section 214(1).
3. Section 206(2) is amended by inserting
after paragraph (a) the following
paragraph:
(ab) is not a licensed motor vehicle
trader and is not dealing in motor
vehicles within the meaning of
the Motor Vehicle Traders Act
2011; and
4. Section 212(1) is amended as follows:
(a) by omitting from paragraph (d)
"available." and substituting
"available; or";
(b) by inserting the following
paragraph after paragraph (d):
(e) is a licensed motor
vehicle trader or is
dealing in motor vehicles
within the meaning of the
7
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 7
Motor Vehicle Traders
Act 2011.
5. Section 214 is amended as follows:
(a) by omitting from subsection (1)
"vehicle" first occurring and
substituting "vehicle, and a motor
vehicle trader licence in force
under the Motor Vehicle Traders
Act 2011 may only be used to
obtain exemption from payment
of duty in respect of the
registration or transfer of a motor
vehicle,";
(b) by omitting from subsection
(1)(c) "a holder" and substituting
"an exemption certificate holder,
or a licensed motor vehicle
trader,";
(c) by omitting from subsection
(1)(c) "certificates" and
substituting "certificates, other
licensed motor vehicle traders";
(d) by inserting in subsection (1) "or
the licensed motor vehicle trader"
after "holder of the exemption
certificate";
(e) by inserting in subsection (1) "or
motor vehicle trader licence"
after "number of the exemption
certificate";
8
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 7
(f) by inserting in subsection (2)
"motor vehicle trader licence or"
after "using the".
6. Section 215 is amended as follows:
(a) by inserting in subsection (1) "or
a motor vehicle trader licence"
after "certificate";
(b) by omitting from subsection (2)
"certificate that is used" and
substituting "certificate, or a
licensed motor vehicle trader,
who uses the exemption
certificate or the motor vehicle
trader licence".
7. Section 216(1) is amended by inserting
"or a licensed motor vehicle trader" after
"certificate".
8. Section 217 is amended as follows:
(a) by omitting from subsection (1)
"to which an exemption
certificate relates" and
substituting "for which an
exemption has been claimed
under section 204 by the holder
of an exemption certificate or a
licensed motor vehicle trader";
(b) by inserting in subsection (1) "or
licensed motor vehicle trader"
after "the exemption certificate";
9
Motor Vehicle Traders Amendment Act 2011
Act No. of
s. 8
(c) by inserting in subsection (2) "or
the licensed motor vehicle trader"
after "certificate".
8. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
10 Government Printer, Tasmania