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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MOTOR VEHICLE TRADERS BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Meaning of "dealing in motor vehicles"
5. Displaying document
PART 2 - LICENSING OF MOTOR TRADERS
Division 1 - Offences relating to dealing in motor vehicles without licence
6. Offence to deal in motor vehicles without licence
Division 2 - Fit and proper person to hold a motor vehicle trader licence
7. Who is a fit and proper person to hold motor vehicle trader
licence
8. Police report for determination of fit and proper person to hold
motor vehicle trader licence
Division 3 - Application for motor vehicle trader licence
9. Application
10. Notifying change in application details
11. Investigation of application and applicant
12. Providing information to certain State Service officers
[Bill 4]-III
Division 4 - Grant, issue and terms of motor vehicle trader licence, &c.
13. Determination of application
14. Issue of motor vehicle trader licence
15. Authority of motor vehicle trader licence
16. Duration of motor vehicle trader licence
17. Motor vehicle trader licence not transferable
18. Renewal of motor vehicle trader licence
19. Replacement motor vehicle trader licence
Division 5 - Suspension and cancellation of motor vehicle trader licence
20. Suspension of motor vehicle trader licence
21. Cancellation of motor vehicle trader licence
22. Investigation for purposes of determining whether licensed
motor vehicle trader is fit and proper person to hold a motor
vehicle trader licence
Division 6 - End of motor vehicle trader licence
23. When motor vehicle trader licence ceases to have effect
24. Surrender of motor vehicle trader licence
25. Carrying on motor dealing after licensed motor vehicle trader
dies or becomes represented person
Division 7 - Review of decisions
26. Review of decisions
Division 8 - Miscellaneous
27. Register of motor vehicle trader licences
PART 3 - REGULATION OF DEALINGS IN MOTOR VEHICLES
Division 1 - General regulation of dealings in motor vehicles
28. Prohibited person
29. Advertising
30. Misrepresentations
31. Odometer reading
32. Merchantable quality
33. Selling motor vehicle as agent
2
34. Contract for sale, purchase or exchange of motor vehicle
35. Encumbrance
36. Clear title for used motor vehicle
37. Pre-sale disclosure requirements for used motor vehicles
Division 2 - Obligations in respect of motor vehicle trader licence
38. Displaying licence
39. Displaying licence number
40. Unauthorised alteration of licence
41. Duty to notify of certain changes
PART 4 - STATUTORY AND OTHER WARRANTIES AND
REPAIRING WARRANTIED VEHICLE
42. Motor vehicles to which a statutory warranty applies
43. Statutory warranty
44. Period of statutory or other warranty
45. What the statutory warranty does not cover
46. Repair under warranty
PART 5 - INVESTIGATIONS AND INSPECTIONS
47. Exercise of powers of authorised officer
48. Authorised officer may give directions
49. Authorised officer to show identification
50. Warrant to enter premises
51. Offences in relation to authorised officer
PART 6 - OFFENCES AND LEGAL PROCEEDINGS, &C.
52. False or misleading statements
53. Infringement notice
54. Injunction to stop or prevent contravention of Act
55. Rescission of contract
56. Compensation when person convicted of offence
57. Compensation in civil proceedings
58. Liability of employee or agent
3
59. Vicarious liability
60. Offence by body corporate
61. Evidentiary matters
PART 7 - MISCELLANEOUS
62. Regulations
63. Administration of Act
64. Consequential amendments
65. Legislation rescinded
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 - LEGISLATION RESCINDED
4
MOTOR VEHICLE TRADERS 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
5 April 2011
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to provide for the licensing of motor vehicle
traders, to regulate the conduct of motor vehicle traders
and their sales persons, to ensure that the rights of persons
who purchase certain motor vehicles are adequately
protected, to provide for warranties on certain new and
used motor vehicles, to allow for the regulation of park and
sell operators, to consequentially amend the Australian
Consumer Law (Tasmania) Act 2010, the Consumer Affairs
Act 1988 and the Duties Act 2001, to rescind the Fair
Trading (Code of Practice for Motor Vehicle Traders)
Regulations 1996 and for related purposes
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Motor Vehicle
Traders Act 2011.
[Bill 4] 5
Motor Vehicle Traders Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
(1) In this Act, unless the contrary intention
appears -
"Australian Design Rules" means -
(a) the Australian Design Rules
made under the Motor Vehicle
Standards Regulations 1989 of
the Commonwealth and
published by the Department of
the Commonwealth responsible
for the administration of
transport, as amended or
substituted from time to time; or
(b) a prescribed document;
"Australian Fuel Consumption Guide"
means -
(a) the Green Vehicle Guide
produced by the Commonwealth
Department of Environment and
Heritage, as amended or
substituted from time to time,
together with the Fuel
Consumption Guide Database
1986-2003 kept and published by
that Department; or
6
Motor Vehicle Traders Act 2011
Act No. of
Part 1 - Preliminary s. 3
(b) a prescribed document;
"authorised officer" means a person who is
an authorized officer within the meaning
of the Consumer Affairs Act 1988;
"chief executive officer", in relation to a
body corporate, means -
(a) the chief executive officer of the
body corporate; or
(b) an individual who holds an office
in the body corporate that is
substantially the same as that of
chief executive officer of a body
corporate, regardless of the name
of that office; or
(c) an individual acting in the office
of chief executive officer or an
office referred to in
paragraph (b);
"commercial vehicle" means a motor vehicle,
within the meaning of the Vehicle and
Traffic Act 1999, that -
(a) if manufactured or imported on or
after 1 July 1988, has a vehicle
category code of MD, ME, NA,
NB or NC stamped, engraved or
otherwise placed on its
compliance plate; or
(b) if manufactured or imported
before 1 July 1988, has the
7
Motor Vehicle Traders Act 2011
Act No. of
s. 3 Part 1 - Preliminary
capacity to carry 1 200 kilograms
or more and is constructed or
adapted to be used principally
for -
(i) the carriage of goods; or
(ii) the carriage of 10 or more
passengers; or
(iii) industrial purposes; or
(iv) agricultural purposes;
"compliance plate" means an identification
plate, within the meaning of the Motor
Vehicle Standards Act 1989 of the
Commonwealth, that must be attached to
a motor vehicle in accordance with the
Australian Design Rules;
"deal in motor vehicles" has the meaning
given by section 4;
"Director" means the Director of Consumer
Affairs and Fair Trading appointed under
section 9 of the Consumer Affairs Act
1988;
"director", in relation to a body corporate,
means -
(a) a director of the body corporate;
or
(b) an individual who holds an office
in the body corporate that is
substantially the same as that of a
8
Motor Vehicle Traders Act 2011
Act No. of
Part 1 - Preliminary s. 3
director of a body corporate,
regardless of the name of that
office; or
(c) an individual acting in the office
of director or in an office referred
to in paragraph (b); or
(d) an individual not referred to in
paragraph (a), (b) or (c) but who
is concerned in the management
of the body corporate;
"finance agreement" means an agreement
under which a person agrees to provide
finance to another person in respect of a
motor vehicle and the other person -
(a) agrees to pay or repay the amount
of finance provided at a later
time, whether the time for
repayment is fixed or
indeterminate; or
(b) obtains a right to use the motor
vehicle (whether or not a right of
purchase is also obtained) and
agrees to make successive
payments for that use before,
during or after any period of use;
or
(c) agrees to give to the person who
agrees to provide finance a
negotiable instrument under
which payment is not to be made
by the person against whom the
9
Motor Vehicle Traders Act 2011
Act No. of
s. 3 Part 1 - Preliminary
negotiable instrument is drawn
until a later date;
"finance provider" means a person who
carries on the business of buying, selling
or exchanging motor vehicles only for
one or more of the following purposes:
(a) selling motor vehicles on
instalment terms;
(b) hiring motor vehicles under hire-
purchase agreements;
(c) taking or enforcing securities
over motor vehicles;
(d) letting or hiring motor vehicles
with or without granting a right to
purchase them;
(e) a prescribed purpose;
(f) disposing of motor vehicles
acquired by the person in
connection with any of the
purposes referred to in
paragraph (a), (b), (c), (d) or (e);
"fit and proper person to hold a motor
vehicle trader licence" has the meaning
given by section 7;
"licence number" means the identifying
number on a motor vehicle trader licence;
10
Motor Vehicle Traders Act 2011
Act No. of
Part 1 - Preliminary s. 3
"licensed motor vehicle trader" means a
person who holds a motor vehicle trader
licence;
"manufacturer" means a person who, in
Australia -
(a) manufactures motor vehicles; or
(b) imports new motor vehicles; or
(c) assembles new motor vehicles; or
(d) distributes new motor vehicles; or
(e) sells new motor vehicles on a
concession basis; or
(f) sells new motor vehicles on a
wholesale basis;
"motor cycle" means a motor cycle within the
meaning of the Vehicle and Traffic Act
1999, other than -
(a) a motor cycle that is not used,
and is not intended to be used, on
a public street; and
(b) a motor cycle that is prescribed
by the regulations not to be a
motor cycle for the purposes of
this definition;
"motor vehicle" means a motor vehicle,
within the meaning of the Vehicle and
Traffic Act 1999, other than a
commercial vehicle;
11
Motor Vehicle Traders Act 2011
Act No. of
s. 3 Part 1 - Preliminary
"motor vehicle trader" means a person
carrying on the business of dealing in
motor vehicles;
"motor vehicle trader licence" means a
licence issued or renewed under
section 14;
"park and sell operator" means a person
who -
(a) owns or manages land; and
(b) for profit, allows other persons to
park motor vehicles on that land
for the purpose of offering them
for sale and selling them;
"partner", in relation to a partnership,
means -
(a) an individual who is a partner in
the partnership; or
(b) an individual who is not a partner
in the partnership but is
concerned in the management of
the partnership; or
(c) if a partner in the partnership is
another partnership, an individual
who is a partner in, or is
concerned in the management of,
that other partnership; or
(d) if a partner in the partnership is a
body corporate, a director or
12
Motor Vehicle Traders Act 2011
Act No. of
Part 1 - Preliminary s. 3
other individual concerned in the
management of that body
corporate;
"pre-sale disclosure statement" means the
pre-sale disclosure statement in respect
of a motor vehicle required to be
displayed by a licensed motor vehicle
trader under section 37;
"purchaser", in relation to a motor vehicle,
includes -
(a) a person who receives the motor
vehicle as part of an exchange
arrangement; and
(b) a person who is entitled to the use
of the motor vehicle if a finance
agreement is entered into in
respect of the vehicle at the time
of its sale;
"recondition", in relation to an engine, means
the process of reconditioning an engine
set out in -
(a) the definition of "Reconditioned
(remanufactured) engine" in "AS
4182-1994: Automotive repairs -
Code of practice for
reconditioning reciprocating
spark ignition engines" published
on 21 March 1994 by Standards
Australia, as amended or
substituted from time to time; or
13
Motor Vehicle Traders Act 2011
Act No. of
s. 3 Part 1 - Preliminary
(b) if another standard or other
document is prescribed in the
regulations for the purposes of
this definition, that other standard
or other document, as amended or
substituted from time to time;
"registered", in relation to a motor vehicle,
means registered under the Vehicle and
Traffic Act 1999;
"regulations" means regulations made and in
force under this Act;
"repair" includes replace and recondition;
"statutory warranty" means the warranty
given by a licensed motor vehicle trader
to the purchaser of a warrantied vehicle
by reason of section 43(2);
"trade in", in relation to an item, means to
transfer ownership of the item from a
purchaser of a motor vehicle to a licensed
motor vehicle trader who credits the
value of the item against the purchase
price of the motor vehicle;
"vehicle category code", in relation to a
vehicle, means the code for that type of
vehicle specified in the Australian
Design Rules;
"vendor", in relation to a motor vehicle,
includes a person who gives the motor
vehicle under an exchange arrangement;
14
Motor Vehicle Traders Act 2011
Act No. of
Part 1 - Preliminary s. 3
"warrantied vehicle" has the meaning given
by section 42.
(2) For the avoidance of doubt, a reference in this
Act to buying, selling or exchanging a motor
vehicle includes a reference to buying, selling or
exchanging a motor vehicle on consignment.
(3) If -
(a) the Commonwealth Department of
Environment and Heritage has a name
change or ceases to exist; or
(b) the production and publication of the
Green Vehicle Guide referred to in the
definition of "Australian Fuel
Consumption Guide" in subsection (1),
or a document that is substituted for that
Guide, is assigned to another
Commonwealth Department; or
(c) the name of that Guide is changed; or
(d) the keeping and publication of the Fuel
Consumption Guide Database 1986-2003
referred to in the definition of
"Australian Fuel Consumption Guide" in
subsection (1) is assigned to another
Commonwealth Department; or
(e) the name of that Database is changed -
the Minister, by order, may amend that
definition.
15
Motor Vehicle Traders Act 2011
Act No. of
s. 4 Part 1 - Preliminary
(4) An order under subsection (3) that amends the
definition of "Australian Fuel Consumption
Guide" is a Statutory Rule for the purposes of
the Rules Publication Act 1953.
4. Meaning of "dealing in motor vehicles"
(1) A person deals in motor vehicles if -
(a) the person carries on, or holds himself or
herself out as carrying on, a business of
dealing in motor vehicles; or
(b) the person during the immediately
preceding 12-month period buys, sells or
exchanges, or offers to buy, sell or
exchange, a total of 6 or more motor
vehicles otherwise than as an employee
of a licensed motor vehicle trader.
(2) For the purposes of subsection (1)(b), an offer to
sell a motor vehicle includes -
(a) an invitation to treat in respect of the sale
of the vehicle; and
(b) the publication of, or the authorisation of
the publication of, an advertisement in
respect of the sale of the vehicle.
(3) Despite subsection (1), the following persons are
not dealing in motor vehicles:
(a) a finance provider, or an employee of a
finance provider, who buys, sells or
exchanges motor vehicles for the
16
Motor Vehicle Traders Act 2011
Act No. of
Part 1 - Preliminary s. 4
purposes of carrying on the business of
the finance provider;
(b) a person who buys motor vehicles for the
purpose of dismantling them;
(c) the Crown;
(d) a person who auctions motor vehicles on
behalf of the persons who own them;
(e) a park and sell operator;
(f) a person who buys, sells or exchanges
motor vehicles as a collector of motor
vehicles and those vehicles are intended
to form, or formed, part of that person's
collection.
(4) A person -
(a) referred to in subsection (3)(a) may still
be dealing in motor vehicles if he or she
buys, sells or exchanges motor vehicles
otherwise than for the purposes of
carrying on the business of finance
provider; or
(b) referred to in subsection (3)(b) may still
be dealing in motor vehicles if he or she
buys motor vehicles otherwise than for
the purpose of dismantling them; or
(c) referred to in subsection (3)(d) may still
be dealing in motor vehicles if he or she
buys motor vehicles for the purpose of
auctioning or onselling them; or
17
Motor Vehicle Traders Act 2011
Act No. of
s. 5 Part 1 - Preliminary
(d) referred to in subsection (3)(e) may still
be dealing in motor vehicles if he or she
buys, sells or exchanges motor vehicles
from the land on which he or she, as a
park and sell operator, allows other
persons to park motor vehicles for the
purposes of offering them for sale and
selling them; or
(e) referred to in subsection (3)(d) may still
be dealing in motor vehicles if he or she,
as an auctioneer, buys, sells or exchanges
motor vehicles otherwise than on behalf
of the persons who own them; or
(f) referred to in subsection (3)(f) may still
be dealing in motor vehicles if he or she
buys, sells or exchanges motor vehicles
otherwise than as a collector of motor
vehicles for the purposes of the
collection.
5. Displaying document
If a document is required by this Act to be
displayed, it must be displayed -
(a) in such a way and place that it can be
easily seen and read by the intended
audience; and
(b) in accordance with any prescribed
requirements.
18
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 6
PART 2 - LICENSING OF MOTOR TRADERS
Division 1 - Offences relating to dealing in motor vehicles
without licence
6. Offence to deal in motor vehicles without licence
(1) A person must not deal in motor vehicles unless
the person is a licensed motor vehicle trader.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units,
and a further fine not
exceeding 50 penalty units in
respect of each motor vehicle
bought, sold or exchanged
while the body corporate dealt
in motor vehicles in
contravention of this section;
or
(b) an individual, a fine not
exceeding 200 penalty units,
and a further fine not
exceeding 20 penalty units in
respect of each motor vehicle
bought, sold or exchanged
while the individual dealt in
motor vehicles in
contravention of this section.
(2) For the purposes of subsection (1), if one partner
in a partnership that carries on the business of
19
Motor Vehicle Traders Act 2011
Act No. of
s. 7 Part 2 - Licensing of Motor Traders
dealing in motor vehicles under the name of the
firm is a licensed motor vehicle trader, all the
other partners are taken to be licensed motor
vehicle traders.
Division 2 - Fit and proper person to hold a motor vehicle
trader licence
7. Who is a fit and proper person to hold motor
vehicle trader licence
(1) A person is not a fit and proper person to hold a
motor vehicle trader licence if -
(a) in the case of -
(i) an individual, the individual has
not attained 18 years of age; or
(ii) a body corporate, the chief
executive officer of the body
corporate has not attained 18
years of age; or
(b) the person, within the immediately
preceding 5 years -
(i) has been convicted of an offence
involving theft, fraud or other
dishonesty that is punishable by a
term of imprisonment of 3 years
or more; or
(ii) has completed serving a term of
imprisonment for such an
offence; or
20
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 7
(c) the person is subject to a restriction order
under the Sentencing Act 1997 or the
Criminal Justice (Mental Impairment)
Act 1999 or a similar order made under
the law of another jurisdiction in
Australia or elsewhere; or
(d) the person -
(i) is a represented person within the
meaning of the Guardianship and
Administration Act 1995; or
(ii) is the subject of an order or other
determination made under the
law of another jurisdiction in
Australia or elsewhere that is
similar in effect to an order under
section 20, 51 or 65 of the
Guardianship and Administration
Act 1995; or
(e) the person -
(i) is bankrupt, has applied to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, has compounded with
creditors or made an assignment
of remuneration or estate for the
benefit of creditors; or
(ii) is an externally administered
body corporate within the
meaning of the Corporations Act;
or
21
Motor Vehicle Traders Act 2011
Act No. of
s. 7 Part 2 - Licensing of Motor Traders
(f) the person is a partner in a business
partnership where another partner is not a
fit and proper person to hold a motor
vehicle trader licence; or
(g) the person is a chief executive officer or
director of a body corporate that -
(i) is not a fit and proper person to
hold a motor vehicle trader
licence; or
(ii) has as chief executive officer or
director a person who is not a fit
and proper person to hold a motor
vehicle trader licence; or
(h) the person is a person of a prescribed
class; or
(i) the Director otherwise determines that
the person is not a fit and proper person
to hold a motor vehicle trader licence.
(2) For the purposes of subsection (1)(b)(ii), a
person who, after serving part of a term of
imprisonment to which he or she has been
sentenced, is released on parole is taken to be
still serving the term of imprisonment while on
parole.
(3) In determining, for the purposes of
subsection (1)(i), whether or not a person is a fit
and proper person to hold a motor vehicle trader
licence, the Director is to have regard to -
22
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 7
(a) whether the person, within the
immediately preceding 3 years, has -
(i) in Tasmania, been refused a
motor vehicle trader licence or
had a motor vehicle trader licence
cancelled; or
(ii) in another jurisdiction in
Australia or elsewhere, been
refused a licence or other
authority that would authorise the
person to deal in motor vehicles,
or had such a licence or other
authority suspended or cancelled;
or
(b) whether the person, within the
immediately preceding 5 years, has been
convicted of an offence against -
(i) this Act; or
(ii) the Consumer Affairs Act 1988;
or
(iii) the Fair Trading Act 1990; or
(iv) the Australian Consumer Law
(Tasmania) Act 2010; or
(v) the Trade Practices Act 1974 of
the Commonwealth; or
(c) in the case of an individual, whether the
person -
23
Motor Vehicle Traders Act 2011
Act No. of
s. 8 Part 2 - Licensing of Motor Traders
(i) within the immediately preceding
5 years, has been declared
bankrupt; or
(ii) was a director or chief executive
officer of a body corporate at a
time, within the immediately
preceding 5 years, when the body
corporate became subject to
external administration under the
Corporations Act; or
(iii) was a partner in a partnership at a
time, within the immediately
preceding 5 years, when in
relation to the partnership
business a partner assigned any of
his or her remuneration or estate,
or any of his or her property or
the property of the partnership,
for the benefit of the creditors of
the partnership business; or
(d) any other matter the Director considers
relevant.
8. Police report for determination of fit and proper
person to hold motor vehicle trader licence
(1) In an investigation involving a determination as
to whether or not an applicant for a motor
vehicle trader licence or a licensed motor vehicle
trader is a fit and proper person to hold or to
continue to hold a motor vehicle trader licence,
the Director may require the applicant or
24
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 8
licensed motor vehicle trader to authorise the
Director to obtain reports from -
(a) the Commissioner of Police in respect of
convictions and proceedings taken
against the applicant or licensed motor
vehicle trader in this State; and
(b) a person holding an office in another
State or a Territory that corresponds to
the office of Commissioner of Police in
this State in respect of convictions and
proceedings taken against the applicant
or licensed motor vehicle trader in that
other State or that Territory.
(2) For the purposes of the investigation, the
Director may refer to the Commissioner of
Police -
(a) the name of the applicant for the motor
vehicle trader licence or the name of the
licensed motor vehicle trader; and
(b) any information and documentation that
the Director considers relevant to the
investigation.
(3) The Commissioner of Police must inquire into,
and report to the Director on, any matters
concerning the applicant or licensed motor
vehicle trader that the Director requests.
(4) In this section, a reference to an applicant or a
licensed motor vehicle trader includes -
25
Motor Vehicle Traders Act 2011
Act No. of
s. 9 Part 2 - Licensing of Motor Traders
(a) in the case of an applicant or licensed
motor vehicle trader that is a partner in a
partnership that intends to, or does, deal
in motor vehicles, a reference to each
partner in the partnership; and
(b) in the case of an applicant or licensed
motor vehicle trader that is a body
corporate, a reference to the chief
executive officer and each director of the
body corporate.
Division 3 - Application for motor vehicle trader licence
9. Application
(1) An individual or body corporate may apply to
the Director for a motor vehicle trader licence.
(2) An application must -
(a) be in a form approved by the Director;
and
(b) include any details required by the
Director; and
(c) be accompanied by the prescribed
documents, or relevant documents of the
prescribed class, relating to the identity
of the applicant; and
(d) be accompanied by -
(i) a statement relating to the
applicant's record of offences in
26
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 9
Tasmania issued by the
Commissioner of Police; and
(ii) a statement relating to the
applicant's record of offences in
any other place issued by a
person holding an office in
another State or a Territory that
corresponds to the office of
Commissioner of Police in this
State; and
(e) be accompanied by any consent by any
person to the disclosure of information as
the Director considers relevant for the
purposes of investigating the application;
and
(f) if the applicant is an individual, be
accompanied by a statement that shows
whether or not that person is subject to
the Bankruptcy Act 1966 of the
Commonwealth obtained by a search of
the National Personal Insolvency Index
maintained by the Insolvency and
Trustee Service, Australia; and
(g) if the applicant is a body corporate, be
accompanied by a statement, provided by
the applicant, that the applicant is not an
externally-administered body corporate
within the meaning of the Corporations
Act; and
(h) be accompanied by any prescribed
application fee.
27
Motor Vehicle Traders Act 2011
Act No. of
s. 10 Part 2 - Licensing of Motor Traders
(3) On receipt of an application, the Director by
written notice may require the applicant to
provide further documents or information, or
further consents of the kind referred to in
subsection (2)(e), within the period specified in
the notice.
(4) In this section, a reference to an applicant
includes -
(a) in the case of an applicant that is a
partner in a partnership that intends to
deal in motor vehicles, a reference to
each partner in the partnership; and
(b) in the case of an applicant that is a body
corporate, a reference to the chief
executive officer and each director of the
body corporate.
10. Notifying change in application details
If before an application for a motor vehicle
trader licence is determined a material change
occurs in respect of any details, documents,
information or consents provided under section 9
in, or in respect of, the application, the applicant
must notify the Director in writing of that change
as soon as practicable.
Penalty: Fine not exceeding 20 penalty units.
28
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 11
11. Investigation of application and applicant
(1) On receipt of an application for a motor vehicle
trader licence, the Director may investigate the
application and applicant as he or she considers
appropriate.
(2) In this section, a reference to an applicant
includes -
(a) in the case of an applicant that is a
partner in a partnership that intends to
deal in motor vehicles, a reference to
each partner in the partnership; and
(b) in the case of an applicant that is a body
corporate, a reference to the chief
executive officer and each director of the
body corporate.
12. Providing information to certain State Service
officers
On receipt of an application for a motor vehicle
trader licence, the Director may provide any
details of the application that the Director
considers relevant to -
(a) the Commissioner of State Revenue; and
(b) the Secretary of the department
responsible for the administration of the
Transport Act 1981.
29
Motor Vehicle Traders Act 2011
Act No. of
s. 13 Part 2 - Licensing of Motor Traders
Division 4 - Grant, issue and terms of motor vehicle trader
licence, &c.
13. Determination of application
(1) On receipt of an application for a motor vehicle
trader licence under section 9, the Director is
to -
(a) grant the application if the Director -
(i) is satisfied that the applicant is a
fit and proper person to hold a
motor vehicle trader licence; and
(ii) has no reasonable grounds for
believing that the applicant has
contravened section 10 or
provided false or misleading
information in the application; or
(b) refuse to grant the application if the
Director -
(i) is not so satisfied; or
(ii) does have reasonable grounds for
such a belief.
(2) On refusing to grant an application for a motor
vehicle trader licence, the Director is to notify
the applicant in writing of that refusal and the
reason why the Director is not satisfied that the
applicant is a fit and proper person to hold a
motor vehicle trader licence.
30
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 14
14. Issue of motor vehicle trader licence
(1) If the Director grants an application for a motor
vehicle trader licence, he or she is to issue a
motor vehicle trader licence to the applicant on
payment of any prescribed licence fee.
(2) A motor vehicle trader licence is to be in a form
approved by the Director.
(3) A motor vehicle trader licence takes effect on the
day it is issued or a later day specified in it.
15. Authority of motor vehicle trader licence
A motor vehicle trader licence authorises the
person to whom it is issued to deal in motor
vehicles.
16. Duration of motor vehicle trader licence
A motor vehicle trader licence has effect for the
period of 3 years from the day on which it takes
effect.
17. Motor vehicle trader licence not transferable
A motor vehicle trader licence is not transferable
to any other person.
31
Motor Vehicle Traders Act 2011
Act No. of
s. 18 Part 2 - Licensing of Motor Traders
18. Renewal of motor vehicle trader licence
(1) In this section -
"expiry day" means the day on which a
motor vehicle trader licence would expire
if no application for its renewal were
made.
(2) Not less than 3 months before the expiry day of a
motor vehicle trader licence, the licensed motor
vehicle trader may apply to the Director for a
renewal of the licence.
(3) If the Director considers it appropriate to do so,
the Director may allow a licensed motor vehicle
trader to apply for the renewal of the motor
vehicle trader licence within the 3-month period
specified in subsection (2) but before the day
determined by the Director.
(4) Divisions 2 and 3 of this Part and this Division
apply in relation to an application for the
renewal of a motor vehicle trader licence, and its
renewal, with necessary adaptation and
modification.
(5) Despite subsection (4), the regulations -
(a) may provide that a section, or part of a
section, referred to in that subsection
does not apply in relation to an
application for the renewal of a motor
vehicle trader licence and its renewal;
and
32
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 18
(b) may provide for further matters in
relation to an application for the renewal
of a motor vehicle trader licence and its
renewal.
(6) If an application for the renewal of a motor
vehicle trader licence is made in accordance with
this section but the licence is not renewed before
the expiry day, that unrenewed licence continues
to have effect -
(a) in the case where the Director has not
determined the application before the
expiry day, until -
(i) the Director renews the licence
and the renewal takes effect; or
(ii) the expiration of the period of
one month commencing on the
day on which the licensed motor
vehicle trader is notified of the
Director's refusal to renew the
licence; or
(b) in the case where the Director, before the
expiry day, refuses to renew the licence,
until whichever of the following last
occurs:
(i) the expiry day;
(ii) the expiration of the period of
one month commencing on the
day on which the licensed motor
vehicle trader is notified of the
33
Motor Vehicle Traders Act 2011
Act No. of
s. 19 Part 2 - Licensing of Motor Traders
Director's refusal to renew the
licence.
(7) If a motor vehicle trader licence is renewed, the
renewal takes effect on the day immediately
following the expiry day.
(8) If the Director refuses to renew a motor vehicle
trader licence, the Director is to notify the
licensed motor vehicle trader, in writing, of that
refusal and the reason why the Director is not
satisfied that the licensed motor vehicle trader is
a fit and proper person to hold a motor vehicle
trader licence.
19. Replacement motor vehicle trader licence
The Director must issue a replacement motor
vehicle trader licence if -
(a) satisfied that the motor vehicle trader
licence has been lost, destroyed or badly
defaced; and
(b) any prescribed fee has been paid.
Division 5 - Suspension and cancellation of motor vehicle
trader licence
20. Suspension of motor vehicle trader licence
(1) The Director may suspend a motor vehicle trader
licence if -
34
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 20
(a) he or she is conducting an investigation
under section 22 and considers the
suspension appropriate in the
circumstances; or
(b) he or she is satisfied that the licensed
motor vehicle trader is not carrying on a
business of dealing in motor vehicles; or
(c) he or she is satisfied that the suspension
is in the public interest.
(2) If a motor vehicle trader licence is suspended, it
is suspended for the period determined by the
Director or, if the Director does not determine a
period, until the Director revokes the suspension.
(3) On suspending a motor vehicle trader licence,
the Director is to notify the licensed motor
vehicle trader, in writing, of the suspension and
the period of the suspension.
(4) A motor vehicle trader licence ceases to have
effect when it is suspended and continues to be
of no effect while the suspension remains in
force.
(5) The Director may revoke the suspension of a
motor vehicle trader licence or amend the period
for which a motor vehicle trader licence is
suspended -
(a) at any time; and
(b) by notice in writing provided to the
licensed motor vehicle trader.
35
Motor Vehicle Traders Act 2011
Act No. of
s. 21 Part 2 - Licensing of Motor Traders
21. Cancellation of motor vehicle trader licence
(1) The Director is to cancel a motor vehicle trader
licence if satisfied that the licensed motor
vehicle trader is no longer a fit and proper
person to hold a motor vehicle trader licence.
(2) The Director may not cancel a motor vehicle
trader licence without -
(a) first allowing the licensed motor vehicle
trader an opportunity to make
submissions in relation to the matter; and
(b) then considering any submissions so
made.
(3) On determining under subsection (1) whether or
not to cancel a motor vehicle trader licence, the
Director must notify the licensed motor vehicle
trader, in writing, of that determination.
(4) The cancellation of a motor vehicle trader
licence takes effect one month after the day the
licensed motor vehicle trader receives the notice
provided under subsection (3) or, if that notice
specifies a different day, on that specified day.
22. Investigation for purposes of determining whether
licensed motor vehicle trader is fit and proper
person to hold a motor vehicle trader licence
(1) The Director at any time may investigate
whether or not a licensed motor vehicle trader
continues to be a fit and proper person to hold a
motor vehicle trader licence.
36
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 23
(2) The Director may conduct an investigation in
such manner as he or she considers appropriate.
Division 6 - End of motor vehicle trader licence
23. When motor vehicle trader licence ceases to have
effect
A motor vehicle trader licence ceases to have
effect -
(a) on the day on which the licence expires
unless the licence is continued under
section 18 for a period after that expiry
or is sooner cancelled or surrendered; or
(b) if the licence is continued under
section 18 for a period after the day on
which the licence expires, at the end of
that period unless the licence is sooner
cancelled or surrendered; or
(c) if the licence is cancelled, on the day on
which that cancellation takes effect; or
(d) if the licence is surrendered before it
would otherwise cease to have effect, on
the day it is surrendered; or
(e) if the licensed motor vehicle trader dies,
on that day.
37
Motor Vehicle Traders Act 2011
Act No. of
s. 24 Part 2 - Licensing of Motor Traders
24. Surrender of motor vehicle trader licence
(1) The holder of a motor vehicle trader licence may
surrender the motor vehicle trader licence to the
Director at any time.
(2) The holder of a motor vehicle trader licence
must surrender the licence to the Director as
soon as practicable after the licence ceases to
have effect.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 100 penalty units; or
(b) an individual, a fine not
exceeding 20 penalty units.
25. Carrying on motor dealing after licensed motor
vehicle trader dies or becomes represented person
(1) In this section -
"prescribed administrator", in relation to a
represented person who is an externally-
administered body corporate within the
meaning of the Corporations Act, means
the liquidator, administrator, receiver,
receiver and manager or person
administering a compromise or
arrangement approved under Part 5.1 of
the Corporations Act;
"relevant motor vehicle trader licence"
means the motor vehicle trader licence
38
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 25
held by a licensed motor vehicle trader
who dies or becomes a represented
person;
"represented person" means a person who -
(a) is a represented person within the
meaning of the Guardianship and
Administration Act 1995; or
(b) is the subject of an order or other
determination made under the
law of another jurisdiction in
Australia or elsewhere that is
similar in effect to an order under
section 20, 51 or 65 of the
Guardianship and Administration
Act 1995; or
(c) is bankrupt, has applied to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, has compounded with
creditors or made an assignment
of remuneration or estate for the
benefit of creditors; or
(d) is an externally administered
body corporate within the
meaning of the Corporations Act.
(2) For 30 days after a licensed motor vehicle trader
dies or becomes a represented person, or such
longer period as the Director determines under
subsection (3), the following persons may carry
on the business of dealing in motor vehicles
39
Motor Vehicle Traders Act 2011
Act No. of
s. 25 Part 2 - Licensing of Motor Traders
which had been carried on under the relevant
motor vehicle trader licence:
(a) if the licensed motor vehicle trader dies,
the personal representative of the
licensed motor vehicle trader's estate or a
person who intends to apply for letters of
administration in relation to the licensed
motor vehicle trader's estate;
(b) if the licensed motor vehicle trader
becomes a person referred to in
paragraph (a) or (b) of the definition of
"represented person" in subsection (1),
the guardian of that person, or the
administrator of that person's estate,
within the meaning of Guardianship and
Administration Act 1995;
(c) if the licensed motor vehicle trader
becomes a person referred to in
paragraph (c) of the definition of
"represented person" in subsection (1) -
(i) the Official Trustee or other
trustee in whom the licensed
motor vehicle trader's property
has vested or who has control of
the licensed motor vehicle
trader's property; or
(ii) another person approved by the
Director;
(d) if the licensed motor vehicle trader
becomes a person referred to in
paragraph (d) of the definition of
40
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 25
"represented person" in subsection (1),
the prescribed administrator of the
licensed motor vehicle trader.
(3) On the application of a person referred to in
subsection (2) made within the 30-day period
specified in that subsection, the Director may
extend the period for which the applicant may
carry on the business of dealing in motor
vehicles if satisfied that it would not be contrary
to the public interest to do so.
(4) If the Director grants an application, the Director
may impose any conditions relating to carrying
on, or winding up, the business that he or she
considers appropriate.
(5) The person carrying on the business must
comply with any conditions imposed under
subsection (4).
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 100 penalty units; or
(b) an individual, a fine not
exceeding 20 penalty units.
(6) If a person makes an application under
subsection (3) but the Director has not
determined it before the expiration of the 30-day
period referred to in subsection (2), that person
may continue to carry on the business after the
expiration of the period until the application is
determined.
41
Motor Vehicle Traders Act 2011
Act No. of
s. 26 Part 2 - Licensing of Motor Traders
(7) A person authorised under this section to carry
on a business of dealing in motor vehicles is
taken to hold a motor vehicle trader licence in
the same terms as the relevant motor vehicle
trader licence.
Division 7 - Review of decisions
26. Review of decisions
(1) In this section -
"reviewable decision" means -
(a) the refusal of the Director to
grant an application for a motor
vehicle trader licence or for the
renewal of a motor vehicle trader
licence; or
(b) the cancellation by the Director
of a motor vehicle trader licence;
or
(c) any prescribed decision of the
Director or another person.
(2) If the Director or another person makes a
reviewable decision -
(a) the person aggrieved by that decision
may apply to the Magistrates Court
(Administrative Appeals Division) for a
review of the decision; and
42
Motor Vehicle Traders Act 2011
Act No. of
Part 2 - Licensing of Motor Traders s. 27
(b) that decision is a reviewable decision for
the purposes of the Magistrates Court
(Administrative Appeals Division) Act
2001.
Division 8 - Miscellaneous
27. Register of motor vehicle trader licences
(1) The Director is to maintain a register of motor
vehicle trader licences in a form the Director
considers appropriate.
(2) The register is to contain details of the following
matters relating to each motor vehicle trader
licence issued:
(a) the day on which the licence is issued;
(b) the day on which the licence would
expire under section 16 if not renewed;
(c) the name and business or other address
of the holder of the licence;
(d) each day on which the licence is
renewed;
(e) if the licence is suspended or cancelled,
that suspension or cancellation;
(f) the carrying-on under section 25 of the
business of dealing in motor vehicles
after the licence ceases to have effect;
43
Motor Vehicle Traders Act 2011
Act No. of
s. 27 Part 2 - Licensing of Motor Traders
(g) if the licence ceases to have effect, the
day on which it does so;
(h) any prescribed matter;
(i) any other matter the Director considers
appropriate.
(3) During normal business hours, the Director, on
payment of any prescribed fee, is to -
(a) make the register available for inspection
by a person; and
(b) provide to a person a copy of or extract
from the register.
(4) The Director may publish a list of all current
motor vehicle trader licences at any time, and in
any manner, the Director considers appropriate.
44
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 28
PART 3 - REGULATION OF DEALINGS IN MOTOR
VEHICLES
Division 1 - General regulation of dealings in motor vehicles
28. Prohibited person
(1) If a person is restrained by a court under
section 54 from obtaining a motor vehicle trader
licence, from being employed, or otherwise
engaged, in the business of dealing in motor
vehicles carried on by a licensed motor vehicle
trader or from carrying on the business of a
licensed motor vehicle trader, a licensed motor
vehicle trader must not employ or otherwise
engage that person in the licensed motor vehicle
trader's business of dealing in motor vehicles.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(2) It is a defence in proceedings for an offence
under this section if the licensed motor vehicle
trader establishes that he or she did not know,
and could not reasonably be expected to know,
that he or she was committing an offence under
subsection (1) by employing or otherwise
engaging the person.
45
Motor Vehicle Traders Act 2011
Act No. of
s. 29 Part 3 - Regulation of Dealings in Motor Vehicles
29. Advertising
(1) A licensed motor vehicle trader must not make a
claim or give a description in an advertisement
in relation to a motor vehicle knowing or
believing that the claim or description is or may
be false or misleading.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(2) A licensed motor vehicle trader must not
advertise -
(a) that a method of financing the purchase
of a motor vehicle is available if that
method is not permitted by law; or
(b) a discounted price, or saving on the cash
price, of a motor vehicle unless the
advertisement contains a statement of the
price of the motor vehicle without the
discount or saving; or
(c) that a motor vehicle is available for sale
or exchange if the vehicle is not so
available; or
(d) an undertaking in relation to a motor
vehicle as a warranty if the undertaking
is not a warranty; or
46
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 29
(e) fuel consumption information in respect
of a particular model of motor vehicle
that is for sale or exchange unless -
(i) that information is drawn from
the Australian Fuel Consumption
Guide; and
(ii) the source of the information is
specified in the advertisement.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(3) A licensed motor vehicle trader must not make a
claim in an advertisement which compares motor
vehicles from different manufacturers unless the
source of the information is specified in the
advertisement.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
47
Motor Vehicle Traders Act 2011
Act No. of
s. 30 Part 3 - Regulation of Dealings in Motor Vehicles
30. Misrepresentations
(1) In this section -
"build plate" means a plate which describes
the build specifications of a motor
vehicle and was placed on the motor
vehicle by the manufacturer at the time
of its manufacture;
"model designation" means the model
identification code stamped on a motor
vehicle at the time of manufacture.
(2) A licensed motor vehicle trader must not -
(a) conceal or misrepresent the condition of
a motor vehicle that is offered for sale or
exchange; or
(b) make a statement in relation to the
condition of a motor vehicle that is
offered for sale or exchange knowing or
believing that the statement is or may be
false or misleading; or
(c) make a statement or representation that a
motor vehicle is available for sale or
exchange knowing or believing that the
motor vehicle is not available for sale or
exchange; or
(d) make a statement or representation in
relation to the year in which a motor
vehicle that is offered for sale or
exchange was manufactured knowing or
believing that -
48
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 30
(i) in the case of a motor vehicle
fitted with a silver compliance
plate, the year so stated or
represented is not or may not be
the year specified on the
compliance plate as the year in
which the compliance plate was
fitted to the motor vehicle; or
(ii) in the case of a motor vehicle
fitted with a green, yellow,
magenta or blue compliance
plate, the year so stated or
represented is not or may not be
the year specified on the build
plate fitted to the motor vehicle;
or
(e) make a statement or representation in
relation to the year in which a motor
vehicle that is offered for sale or
exchange complied with the Australian
Design Rules knowing or believing that
the motor vehicle did not or may not
have complied with those Rules in that
year; or
(f) make a statement or representation in
relation to the model designation of a
motor vehicle that is offered for sale or
exchange knowing or believing that the
stated or represented model designation
is not or may not be the correct model
designation of the motor vehicle; or
49
Motor Vehicle Traders Act 2011
Act No. of
s. 31 Part 3 - Regulation of Dealings in Motor Vehicles
(g) make a statement or representation that
an amount, if paid, would constitute a
part of the consideration for the supply of
a motor vehicle that is offered for sale or
exchange without specifying the full cash
price.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
31. Odometer reading
(1) A licensed motor vehicle trader must not make a
statement in relation to the condition of an
odometer, or the reading on an odometer, of a
motor vehicle that is offered for sale or exchange
knowing or believing that the statement is or
may be false or misleading.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(2) If a licensed motor vehicle trader has reasonable
grounds to doubt the accuracy of the odometer
50
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 31
reading of a used motor vehicle that he or she is
offering for sale or exchange, the licensed motor
vehicle trader must -
(a) take reasonable steps to verify the
accuracy of the reading before offering
the motor vehicle for sale or exchange;
and
(b) inform any prospective purchaser of the
motor vehicle, in writing, of -
(i) the verified facts in relation to the
reading; and
(ii) the grounds on which the
accuracy of the reading was
questioned; and
(c) record the odometer reading on the
documents transferring the ownership of
the motor vehicle at the time of its sale or
exchange.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(3) If a licensed motor vehicle trader knows that the
odometer of a motor vehicle which he or she is
offering for sale or exchange has been replaced
or interfered with, the licensed motor vehicle
51
Motor Vehicle Traders Act 2011
Act No. of
s. 32 Part 3 - Regulation of Dealings in Motor Vehicles
trader must inform any prospective purchaser of
the motor vehicle, in writing, of that fact.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(4) For the purposes of subsection (3), an odometer
has been interfered with if -
(a) the reading on the odometer has been
altered; or
(b) the odometer has been rendered
inoperative or inaccurate by any means.
32. Merchantable quality
A licensed motor vehicle trader must ensure that
a motor vehicle sold or exchanged by him or her
is fit for the purpose for which such vehicles are
commonly purchased to such extent as it is
reasonable in the circumstances to expect,
having regard to the description and price of the
motor vehicle and all other relevant
circumstances.
Penalty: In the case of -
52
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 33
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
33. Selling motor vehicle as agent
A licensed motor vehicle trader must not sell or
exchange a motor vehicle which the licensed
motor vehicle trader has accepted for sale or
exchange on consignment unless the owner, in
writing provided to the licensed motor vehicle
trader, has appointed the licensed motor vehicle
trader as his or her agent.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
34. Contract for sale, purchase or exchange of motor
vehicle
(1) A licensed motor vehicle trader must not enter
into any contract in relation to the sale, purchase
or exchange of a motor vehicle unless the
contract -
53
Motor Vehicle Traders Act 2011
Act No. of
s. 34 Part 3 - Regulation of Dealings in Motor Vehicles
(a) is in writing; and
(b) contains the following information and
matters:
(i) the conditions of the sale,
purchase or exchange;
(ii) the total price or other
consideration, or both, to be paid
or given in respect of the sale,
purchase or exchange;
(iii) if the contract involves the trade-
in of any motor vehicle and the
purchase of another motor
vehicle, the changeover price to
be paid by the purchaser;
(iv) any undertaking made by the
licensed motor vehicle trader to
the purchaser in any
advertisement or during
negotiations in respect of the
motor vehicle which is not
included in any warranty relating
to the vehicle; and
(c) contains, in the case of a contract for the
sale of a motor vehicle or supply of a
motor vehicle on exchange -
(i) a statutory warranty in
accordance with section 43; and
(ii) all other warranties relating to the
motor vehicle; and
54
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 35
(d) in the case of a contract for the sale of a
used motor vehicle or the supply of a
used motor vehicle on exchange, has
attached to it a copy of the pre-sale
disclosure statement; and
(e) contains the prescribed information,
statements and terms; and
(f) if the Director determines the form in
which information or a statement is to be
provided or made, contains that
information or statement in that form.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 400 penalty units; or
(b) an individual, a fine not
exceeding 100 penalty units.
(2) Without limiting the contracts to which
subsection (1) applies, that subsection applies to
a finance agreement under which the licensed
motor vehicle trader agrees to provide finance to
another person in respect of a motor vehicle sold
or supplied on exchange by the licensed motor
vehicle trader.
35. Encumbrance
(1) In this section -
55
Motor Vehicle Traders Act 2011
Act No. of
s. 35 Part 3 - Regulation of Dealings in Motor Vehicles
"encumbrance" includes a security interest
within the meaning of the Motor Vehicles
Securities Act 1984;
"motor vehicles securities register" means
the register kept under section 5 of the
Motor Vehicles Securities Act 1984.
(2) Before a licensed motor vehicle trader purchases
a motor vehicle, accepts a motor vehicle for sale
or exchange on consignment or accepts a motor
vehicle on a trade-in basis, the licensed motor
vehicle trader must -
(a) ask the vendor or owner of, or the person
exchanging, the motor vehicle whether
the motor vehicle is subject to any
encumbrance; and
(b) search the motor vehicles securities
register to determine whether there is an
encumbrance registered in respect of the
motor vehicle.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 400 penalty units; or
(b) an individual, a fine not
exceeding 100 penalty units.
(3) If a licensed motor vehicle trader is informed, or
becomes aware, that a motor vehicle is subject to
an encumbrance, the licensed motor vehicle
trader -
56
Motor Vehicle Traders Act 2011
Act No. of
Part 3 - Regulation of Dealings in Motor Vehicles s. 36
(a) must discharge the encumbrance on
purchasing the motor vehicle or
accepting the motor vehicle on a trade-in
basis or exchange; and
(b) must not accept the motor vehicle for
sale or exchange on consignment unless
it is a condition of the consignment that
the proceeds of the sale or exchange are
paid first in discharge of the
encumbrance.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
36. Clear title for used motor vehicle
(1) In this section -
"encumbrance" includes a security interest
within the meaning of the Motor Vehicles
Securities Act 1984.
(2) If a licensed motor vehicle trader sells, or
supplies on exchange, a used motor vehicle, he
or she must pass the title to the motor vehicle
free from all encumbrances and interests.
Penalty: In the case of -
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(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(3) Subsection (2) does not apply to the sale, or
supply on exchange, of a motor vehicle by a
licensed motor vehicle trader acting on
consignment.
37. Pre-sale disclosure requirements for used motor
vehicles
(1) A licensed motor vehicle trader must display in,
on or attached to a used motor vehicle which is
offered for sale or exchange a pre-sale disclosure
statement that complies with the regulations.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 400 penalty units; or
(b) an individual, a fine not
exceeding 100 penalty units.
(2) Subsection (1) does not apply if the used motor
vehicle is only offered for sale or exchange to
other licensed motor vehicle traders.
(3) A licensed motor vehicle trader must not
knowingly or recklessly make a statement or
representation in a pre-sale disclosure statement
that is false or misleading.
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Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 400 penalty units; or
(b) an individual, a fine not
exceeding 100 penalty units.
Division 2 - Obligations in respect of motor vehicle trader
licence
38. Displaying licence
(1) A licensed motor vehicle trader must display a
full-size copy of his or her motor vehicle trader
licence in a prominent position at each premises
at which the trader buys, sells or exchanges
motor vehicles.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 400 penalty units; or
(b) an individual, a fine not
exceeding 100 penalty units.
(2) If a licensed motor vehicle trader is in charge of
premises at which another licensed motor
vehicle trader buys, sells or exchanges motor
vehicles, he or she must display a full-size copy
of his or her motor vehicle trader licence in a
prominent position at those premises.
Penalty: Fine not exceeding 100 penalty units.
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39. Displaying licence number
A licensed motor vehicle trader must specify the
number of his or her motor vehicle trader licence
on all -
(a) advertisements relating to the sale of
motor vehicles by the licensed motor
vehicle trader or the business of dealing
in motor vehicles carried on by the
licensed motor vehicle trader; and
(b) pre-sale disclosure statements provided
by the licensed motor vehicle trader; and
(c) contracts for the sale of motor vehicles
entered into by the licensed motor
vehicle trader; and
(d) warranties given by the licensed motor
vehicle trader and other documents
relating to such warranties; and
(e) prescribed documents.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 400 penalty units; or
(b) an individual, a fine not
exceeding 100 penalty units.
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40. Unauthorised alteration of licence
A person must not alter or deface a current
motor vehicle trader licence.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
41. Duty to notify of certain changes
(1) If a licensed motor vehicle trader becomes aware
of any change in circumstances that have
resulted in the trader not being a fit and proper
person to hold a motor vehicle trader licence, the
trader must notify the Director in writing of that
change as soon as practicable.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 40 penalty units; or
(b) an individual, a fine not
exceeding 10 penalty units.
(2) A licensed motor vehicle trader must notify the
Director in writing as soon as practicable after
any change in any of the following information
occurs:
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(a) the name of the licensed motor vehicle
trader;
(b) the address or telephone number of the
principal or registered office, or principal
place of business, of the licensed motor
vehicle trader;
(c) the email address of the licensed motor
vehicle trader;
(d) any other prescribed information.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 40 penalty units; or
(b) an individual, a fine not
exceeding 10 penalty units.
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Part 4 - Statutory and Other Warranties and Repairing Warrantied Vehicle s. 42
PART 4 - STATUTORY AND OTHER WARRANTIES
AND REPAIRING WARRANTIED VEHICLE
42. Motor vehicles to which a statutory warranty
applies
(1) A new or used motor vehicle, other than a motor
cycle, is a warrantied vehicle if -
(a) it is offered for sale or exchange by a
licensed motor vehicle trader to persons
who are not licensed motor vehicle
traders; and
(b) the motor vehicle has travelled less than
120 000 kilometres before its sale; and
(c) the motor vehicle was fitted with its
compliance plate less than 7 years before
its sale or exchange.
(2) A new or used motor cycle is a warrantied
vehicle if -
(a) it is offered for sale or exchange by a
licensed motor vehicle trader, to persons
who are not licensed motor vehicle
traders; and
(b) the motor cycle has travelled less than
15 000 kilometres before its sale; and
(c) the motor cycle was fitted with its
compliance plate less than 3 years before
its sale; and
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(d) the motor cycle is not designed to be
raced in competition.
(3) Despite subsections (1) and (2), a motor vehicle
referred to in either of those subsections is not a
warrantied vehicle if -
(a) the motor vehicle is a commercial
vehicle; or
(b) the motor vehicle is only offered for sale
or exchange to other licensed motor
vehicle traders.
43. Statutory warranty
(1) In this section -
"contract of sale or exchange" includes a
finance agreement relating to the sale, or
the supply in an exchange, of a motor
vehicle by a licensed motor vehicle
trader.
(2) Subject to section 45, a licensed motor vehicle
trader who sells or supplies in an exchange a
warrantied vehicle warrants that -
(a) the motor vehicle is fit for the purpose or
purposes for which such vehicles are
commonly purchased to such extent as it
is reasonable in the circumstances to
expect, having regard to the age,
description and price of the motor
vehicle and all other relevant
circumstances; and
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(b) in the case of a new motor vehicle, the
motor vehicle and all its parts are in
working order at the time of the sale or
exchange; and
(c) in the case of a used motor vehicle, the
motor vehicle and all its parts are in
working order at the time of the sale or
exchange except as otherwise specified
in the pre-sale disclosure statement
relating to the motor vehicle; and
(d) in the case of a used motor vehicle, the
motor vehicle complies with the
information contained in the pre-sale
disclosure statement.
(3) If a licensed motor vehicle trader sells or
supplies in an exchange a warrantied vehicle, the
statutory warranty and any other warranties
given by the licensed motor vehicle trader
must -
(a) be included in the contract of sale or
exchange; and
(b) be in any relevant form determined by
the Director; and
(c) include any relevant prescribed
information; and
(d) comply with any relevant prescribed
requirements.
(4) Subsections (2) and (3) do not apply in respect
of a warrantied vehicle if the motor vehicle is
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sold to or exchanged through another licensed
motor vehicle trader for the purpose of that other
trader on-selling it.
(5) The failure of a licensed motor vehicle trader to
include the statutory warranty in a contract as
required under subsection (3) and section 34(1)
does not affect the operation of the warranty or
the contract.
(6) Nothing in this section prevents a licensed motor
vehicle trader, when selling or exchanging a
warrantied vehicle, from including in the written
warranties included in the contract as required
under subsection (3) and section 34(1) further
warranties in addition to the statutory warranty.
44. Period of statutory or other warranty
(1) In this section -
"purchaser" includes, if a finance agreement
is made on the sale or exchange of a
motor vehicle, a person who is entitled to
the use of the motor vehicle.
(2) A statutory warranty takes effect on the day on
which the purchaser of the warrantied vehicle
takes delivery of it.
(3) A statutory warranty ceases to have effect when
whichever of the following first occurs:
(a) the expiration of the period of 3 months
commencing on the delivery of the
warrantied vehicle to the purchaser;
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(b) the warrantied vehicle travels 3 000
kilometres after being delivered to the
purchaser;
(c) the warrantied vehicle is used after
delivery to the purchaser for rally driving
or motor racing;
(d) the warrantied vehicle is used after
delivery to the purchaser as a taxi or hire
vehicle;
(e) the warrantied vehicle is repossessed by
a person who provided finance to the
purchaser under a finance agreement;
(f) the purchaser sells the warrantied vehicle
to another person;
(g) after delivery of the warrantied vehicle to
the purchaser, the odometer reading of
the warrantied vehicle is altered.
(4) If a licensed motor vehicle trader gives a
warranty in addition to the statutory warranty -
(a) that additional warranty takes effect and
ceases to have effect as specified in it; or
(b) if that additional warranty does not
specify when it takes effect or ceases to
have effect, it takes effect or ceases to
have effect as specified in subsection (2)
or (3) as if it were a statutory warranty.
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45. What the statutory warranty does not cover
(1) In this section -
"accessory" includes an audio system, other
sound system, telephone, aerial, clock,
cigarette lighter, light globe, sealed beam
light and any thing prescribed for the
purposes of this definition;
"clutch-driven plate" means a metal disc
which is mounted on an input shaft to the
gearbox and to which the clutch linings
are riveted or bonded.
(2) Except as otherwise stated in written warranties
included in a contract of sale or exchange, within
the meaning of section 43, in respect of a
warrantied vehicle, the statutory warranty and
other warranties do not apply to any defect -
(a) that occurs in any -
(i) brake lining, pad, drum or disc;
or
(ii) clutch-driven plate; or
(iii) tyre; or
(iv) battery; or
(v) prescribed item or item of a
prescribed class; or
(b) that is subject to a manufacturer's recall;
or
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(c) that results after delivery of the
warrantied vehicle to the purchaser
from -
(i) any repair which is carried out by
a person not authorised by the
licensed motor vehicle trader; or
(ii) failure to maintain or service the
warrantied vehicle as
recommended by its
manufacturer; or
(iii) misuse of the warrantied vehicle;
or
(iv) any negligent act or omission by
the purchaser or another person;
or
(v) immersion of the warrantied
vehicle or any of its parts; or
(vi) overloading the warrantied
vehicle; or
(vii) collision or accidental or
intentional damage; or
(viii) water freezing; or
(ix) racing, pace-making, reliability-
trialling, speed-testing or hill-
climbing; or
(x) modification of the warrantied
vehicle from the manufacturer's
specifications carried out by a
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person not authorised by the
licensed motor vehicle trader; or
(xi) prescribed circumstances or
circumstances of a prescribed
class; or
(d) that does not render, or is not likely to
render, the warrantied vehicle
unroadworthy or unserviceable,
including a defect that occurs in any
accessory, glass, trim or paintwork on the
vehicle; or
(e) that is prescribed or is of a prescribed
class of defects.
(3) Except as otherwise stated in written warranties
included in a contract of sale or exchange, within
the meaning of section 43, the statutory warranty
and other warranties -
(a) do not cover or contribute towards any
routine servicing of the warrantied
vehicle which is recommended by the
manufacturer; and
(b) do not indemnify the purchaser of the
warrantied vehicle against any
inconvenience, loss of time or loss of
motor vehicle use caused by, or as a
consequence of, any defect in the
warrantied vehicle.
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Part 4 - Statutory and Other Warranties and Repairing Warrantied Vehicle s. 46
46. Repair under warranty
(1) A licensed motor vehicle trader must repair any
defect in a warrantied vehicle at no cost to its
owner if -
(a) at the time the defect occurred, the
written warranties included in a contract
of sale or exchange, within the meaning
of section 43, applied to the defect; and
(b) the defect was not specified in the pre-
sale disclosure statement relating to the
warrantied vehicle; and
(c) there is no warranty given by the
manufacturer that applies in respect of
the warrantied vehicle, or a claim for
repair of the defect has been made under
a warranty given by the manufacturer but
refused by the manufacturer or his or her
agent; and
(d) the claim for the repair of the defect was
made -
(i) within 7 days after the defect was
first discovered or any longer
period stated in the written
warranties included in a contract
of sale or exchange, within the
meaning of section 43; or
(ii) if a claim was first made to a
manufacturer under a warranty
given by the manufacturer, within
7 days after the owner received
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notice that the manufacturer or
his or her agent refused the claim.
(2) A licensed motor vehicle trader who repairs a
defect in a warrantied vehicle as required under
subsection (1) must -
(a) carry out the repair in a manner that
conforms to accepted industry standards;
and
(b) carry out the repair in such a manner as
to ensure that the motor vehicle once
repaired -
(i) is fit for the purpose or purposes
for which such vehicles are
commonly purchased to such
extent as it is reasonable in the
circumstances to expect, having
regard to any prescribed
circumstances and all relevant
circumstances; and
(ii) is in a reasonable condition
having regard to its age, the
description and price of the motor
vehicle, any prescribed
circumstances and all other
relevant circumstances; and
(c) comply with any prescribed
requirements.
(3) A licensed motor vehicle trader may repair a
defect in a warrantied vehicle as required under
subsection (1) by carrying out the repair himself
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or herself or by arranging for it to be repaired by
another person.
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s. 47 Part 5 - Investigations and Inspections
PART 5 - INVESTIGATIONS AND INSPECTIONS
47. Exercise of powers of authorised officer
The powers of an authorised officer under the
Consumer Affairs Act 1988 may be exercised for
the purposes of determining whether or not -
(a) an application for a motor vehicle trader
licence should be granted; or
(b) a person has engaged, is engaging or is
proposing to engage in conduct that
constitutes or would constitute -
(i) contravention of this Act; or
(ii) an attempt to contravene this Act;
or
(iii) aiding, abetting, counselling or
procuring another person to
contravene this Act; or
(iv) inducing, or attempting to induce,
by way of threats, promises or
otherwise, another person to
contravene this Act; or
(v) conspiring to contravene this Act;
or
(c) a motor vehicle trader licence should be
cancelled.
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48. Authorised officer may give directions
(1) As the result of or during an inspection for the
purposes of this Act, in addition to exercising
powers under the Consumer Affairs Act 1988 an
authorised officer may give written directions to
a licensed motor vehicle trader.
(2) Without limiting the directions that may be
given under subsection (1), those directions may
include directions requiring a licensed motor
vehicle trader to take any action or measures to
ensure that the licensed motor vehicle trader is
not in, or does not continue to be in,
contravention of this Act.
(3) A licensed motor vehicle trader given a direction
under subsection (1) must comply with the
direction.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
(4) On convicting a person, or finding a person
guilty, of an offence under subsection (3), the
court, in addition to imposing a penalty under
that subsection, may order that person to comply
with the direction in respect of which the offence
was committed.
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49. Authorised officer to show identification
If a person on premises entered by an authorised
officer for the purposes of an inspection under
this Act requests that the authorised officer
produce identification -
(a) the officer must produce his or her
certificate of identification as an
authorised officer to that person; and
(b) the officer may not take any action or
further action under this Act in relation
to the inspection until he or she has so
produced that certificate of identification.
50. Warrant to enter premises
(1) If a person refuses to allow an authorised officer
to enter, remain in and inspect premises that the
authorised officer may lawfully enter under this
Act, the authorised officer may apply to a justice
of the peace for a warrant.
(2) On receipt of an application under
subsection (1), a justice of the peace may issue a
warrant if satisfied, by information on oath, that
a person has refused to allow an authorised
officer to enter, remain in and inspect premises
and that the authorised officer has reasonable
grounds to believe that -
(a) a licensed motor vehicle trader or other
person is dealing in motor vehicles at
those premises; or
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(b) a document relating to dealing in motor
vehicles is or may be on those premises.
(3) A warrant authorises an authorised officer and
such police officers and other assistants as the
authorised officer considers appropriate, using
such force as is reasonable -
(a) to enter, remain in and inspect the
premises specified in the warrant; and
(b) to perform and exercise any functions
and powers the authorised officer and
assistants may perform and exercise in,
or in respect of, any premises lawfully
entered under this Act.
(4) An application for a warrant -
(a) may be in a written form approved and
provided by the Director; or
(b) if the justice of the peace is satisfied that
the circumstances are urgent or that the
delay resulting from a written application
would frustrate the effective execution of
the warrant, may be made by telephone,
telex, facsimile, e-mail or other
electronic means.
(5) Section 15 of the Search Warrants Act 1997
applies, with necessary modifications and
adaptations, in respect of an application under
subsection (4)(b) and a warrant issued as a result
of such an application.
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(6) A person must not refuse to allow an authorised
officer or any police officer or other person
assisting the authorised officer to enter, remain
in and inspect premises when authorised by a
warrant under this section.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
51. Offences in relation to authorised officer
A person must not, without reasonable excuse -
(a) resist, impede, obstruct or assault -
(i) an authorised officer who is
performing or exercising any
function or power under this Act;
or
(ii) a person assisting that officer; or
(b) use threatening, abusive or insulting
language to such an officer or assistant;
or
(c) prevent or attempt to prevent a person
from answering questions, giving
information or providing documents to
such an officer or assistant; or
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(d) impersonate an authorised officer.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
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s. 52 Part 6 - Offences and Legal Proceedings, &c.
PART 6 - OFFENCES AND LEGAL PROCEEDINGS,
&C.
52. False or misleading statements
A person must not, in answering a question,
giving information or providing a document
under this Act -
(a) make a statement knowing it to be false
or misleading; or
(b) omit any matter from a statement
knowing that without that matter the
statement is false or misleading; or
(c) provide a document that the person
knows to be false or misleading without
informing the person to whom the
document is provided of that knowledge.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units;
or
(b) an individual, a fine not
exceeding 200 penalty units.
53. Infringement notice
(1) In this section -
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"infringement offence" means an offence
against this Act or the regulations that is
prescribed by the regulations to be an
infringement offence.
(2) The Commissioner, an authorised officer or a
police officer may issue and serve an
infringement notice on a person if he or she
reasonably believes that the person has
committed an infringement offence.
(3) An infringement notice may not be served on an
individual who has not attained the age of 16
years.
(4) An infringement notice -
(a) is to be in accordance with section 14 of
the Monetary Penalties Enforcement Act
2005; and
(b) is not to relate to more than 3 offences.
(5) The regulations -
(a) may prescribe the penalty applicable to
each infringement offence that is payable
under an infringement notice; and
(b) may prescribe different penalties for
bodies corporate and individuals.
(6) In the application of the Monetary Penalties
Enforcement Act 2005 to an infringement notice
issued and served under this section -
(a) the Commissioner, an authorised officer
or the police officer who issued and
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served the infringement notice is taken to
be a public sector body within the
meaning of that Act; and
(b) a penalty prescribed under subsection (5)
in respect of an infringement offence is
taken to be the prescribed penalty
applicable to that offence for the
purposes of section 14(a)(ii) of that Act.
54. Injunction to stop or prevent contravention of Act
(1) If the Supreme Court is satisfied, on the
application of the Director, that a person has
engaged, is engaging or is proposing to engage
in conduct that constitutes or would constitute -
(a) a contravention of this Act; or
(b) an attempt to contravene this Act; or
(c) aiding, abetting, counselling or procuring
another person to contravene this Act; or
(d) inducing, or attempting to induce, by
way of threats, promises or otherwise,
another person to contravene this Act; or
(e) conspiring to contravene this Act -
the Court may grant an injunction in such terms
as the Court considers appropriate.
(2) Without limiting the generality of subsection (1),
an injunction may restrain a person from
carrying on a business of dealing in motor
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vehicles, whether or not as part of, or incidental
to, the carrying-on of another business or from
being employed or engaged in such a business of
dealing in motor vehicles -
(a) for the period specified in the injunction;
or
(b) except on conditions specified in the
injunction.
(3) If an application for an injunction under
subsection (1) has been made and the Supreme
Court considers it appropriate to do so, the
Supreme Court may grant an injunction by
consent of all the parties to the proceedings
whether or not the Court is satisfied that a person
has engaged, is engaging or is proposing to
engage in conduct of a kind referred to in that
subsection.
(4) If an application for an injunction under
subsection (1) has been made and the Supreme
Court considers it appropriate to do so, the
Supreme Court may grant an interim injunction.
(5) In making an interim injunction under this
section, the Supreme Court may not require, as a
condition of the grant of that interim injunction,
any person to give an undertaking as to damages.
(6) The Supreme Court may rescind or vary an
injunction or interim injunction granted under
this section.
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s. 55 Part 6 - Offences and Legal Proceedings, &c.
55. Rescission of contract
(1) In this section -
"purchase contract" means a contract
entered into in relation to the sale or
supply on exchange of a motor vehicle
by a licensed motor vehicle trader;
"purchaser" includes, if a finance agreement
is made on the sale or exchange of a
motor vehicle, a person who is entitled to
the use of the motor vehicle;
"rescission period" means the period of 90
days commencing on the day the
purchaser takes delivery of the motor
vehicle purchased under a purchase
contract.
(2) If a purchaser under a purchase contract -
(a) has, within the rescission period, reason
to believe that -
(i) the licensed motor vehicle trader
made a false representation in
relation to the odometer or
odometer reading; or
(ii) the purchase contract is not in
accordance with section 34; or
(iii) the motor vehicle is substantially
different from the motor vehicle
represented in the pre-sale
disclosure statement; and
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(b) notifies the licensed motor vehicle trader,
in writing, of that belief and the reasons
for it within, or not later than 14 days
after the end of, the rescission period -
the purchaser may apply within the period
specified in subsection (3) to the Magistrates
Court for an order rescinding that contract on a
ground referred to in paragraph (a).
(3) An application -
(a) may be made within 60 days after the
purchaser notifies the licensed motor
vehicle trader in accordance with
subsection (2)(b); and
(b) may be made to -
(i) a Magistrates Court that is
hearing proceedings in relation to
an offence connected with the
ground for the application at the
time when the application may be
made; or
(ii) the Magistrates Court (Civil
Division).
(4) On receipt of an application, the Magistrates
Court may -
(a) rescind or affirm the purchase contract;
and
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(b) make such other orders as it considers
appropriate in connection with that
rescission or affirmation.
(5) Nothing in this section affects -
(a) any other right or remedy which the
purchaser may have to rescind a purchase
contract; or
(b) any other remedy the purchaser may
have in respect of the purchase contract.
56. Compensation when person convicted of offence
(1) In this section -
"loss or damage" does not include the death
of or injury to a person but, without
limiting what it may include, does
include -
(a) the cost of repairing a defect in a
motor vehicle; and
(b) loss and costs suffered because
the sale, purchase or exchange
contract or financial agreement
did not meet the requirements of
this Act; and
(c) loss and costs suffered in
obtaining the rescission of a
contract under section 55.
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(2) If, in proceedings for an offence against this
Act -
(a) a court convicts a person, or finds a
person guilty, of the offence; and
(b) the court is satisfied on the application of
another person that the other person has
suffered, or is likely to suffer, loss or
damage as a result of the commission of
that offence -
the court may make any order against the
offender, or the offender's employer, that the
court considers appropriate for the purposes of
compensating the other person, in whole or in
part, for the loss or damage or to prevent or
reduce the loss or damage.
(3) An order under subsection (2) may be made in
addition to, or in substitution for, any penalty or
other order the court may impose or make in
respect of the offence.
57. Compensation in civil proceedings
(1) In this section -
"loss or damage" does not include the death
of or injury to a person but, without
limiting what it may include, does
include -
(a) the cost of repairing a defect in a
motor vehicle; and
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(b) loss and costs suffered because
the sale, purchase or exchange
contract or financial agreement
did not meet the requirements of
this Act; and
(c) loss and costs suffered in
obtaining the rescission of a
contract under section 55.
(2) If a person suffers loss or damage as a result of a
contravention of a provision of this Act by a
licensed motor vehicle trader or other person,
that person may recover an amount equal to the
loss or damage suffered from the licensed motor
vehicle trader or other person in a court of
competent jurisdiction.
(3) In determining the loss or damage suffered by a
person, the court may have regard to the
difference between the market value of the
motor vehicle at the time it was purchased by the
person and the purchase price paid.
(4) For the purposes of determining the loss or
damage suffered by a person as a result of a
licensed motor vehicle trader contravening
section 35 or 36, the loss or damage is the
amount paid by the person who purchased the
motor vehicle in discharging the encumbrance
on the title to the vehicle.
(5) In an action under this section for loss or damage
suffered by reason of a contravention of
section 31 -
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(a) a finding of any fact by a court made in
proceedings for an offence against that
section is evidence of that fact; and
(b) the finding may be proved by production
of a document under the seal of the court
from which the finding appears.
58. Liability of employee or agent
(1) If it is an offence against this Act for a licensed
motor vehicle trader to do any act or omit to do
any act, an employee or agent of a licensed
motor vehicle trader who does such an act or
omits to do such an act is also guilty of the
offence and liable to the penalty prescribed for
the offence.
(2) An employee or agent may be found guilty of an
offence as referred to in subsection (1) whether
or not proceedings have been brought against the
licensed motor vehicle trader.
59. Vicarious liability
(1) If an employee or agent commits an offence
against this Act, the employer or principal is also
guilty of the offence and liable to the penalty
prescribed for the offence unless the employer or
principal establishes that he or she, by the
exercise of reasonable diligence, could not have
prevented the employee or agent from
committing the offence.
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(2) A person may be found guilty of an offence as
referred to in subsection (1) whether or not
proceedings have been brought against the
employee or agent.
60. Offence by body corporate
(1) If a body corporate commits an offence against
this Act, each director and other person
concerned in the management of the body
corporate is taken to have also committed the
offence and may be found guilty of the offence
unless the director or person establishes that -
(a) the act or omission constituting the
offence took place without the
knowledge or consent of the director or
person; or
(b) the director or person used all due
diligence to prevent that act or omission
by the body corporate.
(2) A director, or other person, referred to in
subsection (1) may be found guilty of an offence
against this Act whether or not the body
corporate is charged with or found guilty of the
offence.
61. Evidentiary matters
(1) For the purposes of this section, an odometer has
been interfered with if -
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(a) the reading on the odometer has been
altered; or
(b) the odometer has been rendered
inoperative or inaccurate by any means.
(2) If in any proceedings it is established that an
odometer in a motor vehicle has been replaced or
interfered with while the vehicle was on the
business premises of a licensed motor vehicle
trader or in the possession, custody or control of
a licensed motor vehicle trader, the licensed
motor vehicle trader is taken to have replaced or
interfered with the odometer unless the licensed
motor vehicle trader establishes that he or she
could not by the exercise of reasonable diligence
have prevented the replacement of or
interference with the odometer.
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PART 7 - MISCELLANEOUS
62. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may -
(a) specify that a motor vehicle of a
prescribed class is, or is not, a new motor
vehicle or a used motor vehicle for the
purposes of this Act; and
(b) provide for the form and content of pre-
sale disclosure statements; and
(c) prescribe the particulars, terms and
conditions of, for or relating to an
agreement by a licensed motor vehicle
trader for the purchase, sale or exchange
of a motor vehicle; and
(d) regulate, or otherwise provide for,
licensed motor vehicle traders, and park
and sell operators, and their businesses;
and
(e) provide for fees and charges payable in
respect of a matter under this Act; and
(f) exempt a person or vehicle, or a person
or vehicle of a prescribed class, from the
operation of this Act or a prescribed
provision of this Act.
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(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding
100 penalty units and, in the case of a
continuing offence, a further fine not
exceeding 20 penalty units for each day
during which the offence continues.
(5) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by the Director or a person or body
specified in the regulations.
(6) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act or an Act amending this
Act.
(7) Regulations made under subsection (6) may take
effect on the day on which this Act, or a
provision of an Act that amends this Act, takes
effect or a later day as specified in the
regulations, whether the day so specified is
before, on or after the day on which the
regulations under that subsection are made.
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63. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Justice; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
64. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
65. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
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SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 64
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,".
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;
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(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 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
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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 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,";
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(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";
(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:
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(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";
(c) by inserting in subsection (2) "or the
licensed motor vehicle trader" after
"certificate".
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SCHEDULE 2 - LEGISLATION RESCINDED
Section 65
Fair Trading (Code of Practice for Motor Vehicle Traders)
Regulations 1996 (No. 5 of 1996)
Fair Trading (Code of Practice for Motor Vehicle Traders)
Amendment Regulations 1999 (No. 101 of 1999)
Fair Trading (Code of Practice for Motor Vehicle Traders)
Amendment Regulations 2000 (No. 132 of 2000)
100 Government Printer, Tasmania