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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Motor Vehicle Repairers Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Limitation on imposition of penalties for offences 4
5. Repair work, prescription of 4
6. Exemptions 5
7. Commissioner's powers 5
8. Authorised officers 5
Part 2 -- Licensing of motor vehicle
repair businesses
Division 1 -- Repair businesses to be licensed
9. Licensing requirement 7
10. Exceptions to section 9 7
11. Advertising 8
Division 2 -- Application for and grant of business
licence
12. Interpretation 8
13. Application requirements 9
14. Notification of changes to information provided 9
15. Application by individual 9
16. Grant of business licence to individual 9
17. Application by firm 10
18. Grant of business licence to firm 10
19. Application by body corporate 11
20. Grant of business licence to body corporate 11
21. Notification to Commissioner 12
130--2B page i
Motor Vehicle Repairers Bill 2002
Contents
22. Board must refuse to grant business licence if
applicant or other person disqualified 12
23. Grounds for refusing a business licence 12
24. Form of business licence 13
25. Duplicate business licence 13
26. Business licence not transferable 13
Division 3 -- Business licence conditions
27. Conditions may be imposed by Board 13
28. Regulations may prescribe conditions and restrictions 14
29. Regulations may require licensee to hold insurance
policy 14
Division 4 -- Duration and renewal
30. Duration of business licence 15
31. Application for renewal of business licence 15
32. Grounds for refusing to renew business licence 16
Division 5 -- Changes in firm and management of
business
33. Loss of member etc., notice to be given to Board 17
34. New member in licensed firm 17
35. New person in management of corporate member of
licensed firm 18
36. New person in management of licensed body
corporate 19
37. Business licence ceases if changes not approved 19
38. Offence to make management changes without
applying for approval 20
Part 3 -- Certification of individuals
performing repair work
Division 1 -- Requirement for certification
39. Individuals carrying out repair work to hold certificate 21
40. Falsely holding out 22
Division 2 -- Certification provisions
41. Application 22
42. Grant of repairer's certificate 23
43. Conditions may be attached 23
44. Provisional repairer's certificate 24
45. Form of certificate 25
46. Duration of certificate 25
page ii
Motor Vehicle Repairers Bill 2002
Contents
47. Return of expired provisional certificate 25
48. Change of address to be notified by certificate holder 26
Part 4 -- Provisions applicable to
business licences and to certificates
49. False or misleading information 27
50. Registers 27
51. Inspection of register 28
52. Secretary may certify as to matters in the register 28
53. Surrender of business licence or certificate 28
54. Certified copy of business licence or certificate 29
55. Production of business licence or certificate 29
Part 5 -- Restrictions on use of
premises by licensees
56. Interpretation 30
57. Only authorised premises to be used 30
58. Business licence application to specify premises that
comply with planning laws 30
59. Board to authorise premises 31
60. Conditional planning certificate may be provided 31
61. Changes in authorised premises 32
62. Revocation of authority to use premises 32
63. Certificate relating to premises to be displayed 33
64. Return of certificate 33
Part 6 -- Disciplinary powers of Board
65. Interpretation 34
66. Restriction on exercise of powers 34
67. Board may act itself or on application 34
68. Making of disciplinary orders under Schedule 1 34
69. Person to notify Board of conviction 35
70. Cancellation of business licence on certain grounds 36
71. Return of business licence or certificate 36
72. Certain offences relating to disqualification 36
Part 7 -- Appeals
73. Notice of decision to person affected 38
74. Notice of certain decisions to Commissioner 39
75. Appeal by affected person 39
page iii
Motor Vehicle Repairers Bill 2002
Contents
76. Appeal by Commissioner 39
77. Appeal procedures 39
78. Material to be considered 40
79. Relevant matters and burden of proof 40
80. Disposition of appeal 40
81. Effect of decision or order pending appeal 41
82. Position pending appeal where renewal has been
refused 41
Part 8 -- Conciliation of certain
disputes
83. Interpretation 42
84. Disputes to which this Part applies 42
85. Conciliation by Board at request of owner 43
86. Conciliation function 43
87. Examination of vehicle 44
88. Offences relating to conciliation 44
Part 9 -- Claims for losses in
connection with repair work
89. Interpretation 45
90. Motor Vehicle Repair Industry Compensation Fund 45
91. Losses to which this Part applies 46
92. Claims for losses 47
93. How claim to be determined 48
94. No proceedings to be brought 49
95. Subrogation where claim allowed 49
96. Recovery from directors of body corporate 50
Part 10 -- Miscellaneous
Division 1 -- Infringement notices
97. Interpretation 52
98. Prescribed offences 52
99. Modified penalties 52
100. Giving of notice 52
101. Contents of notice 53
102. Extension of time 53
103. Withdrawal of notice 53
104. Benefit of paying modified penalty 54
105. No admission implied by payment 54
page iv
Motor Vehicle Repairers Bill 2002
Contents
106. Application of penalties collected 54
Division 2 -- General
107. Motor Vehicle Repair Industry Education and
Research Fund 54
108. Licensee to publicise licensing information 56
109. Prohibition of doing business with unlicensed
repairers 56
110. Liability of directors and officers of body corporate 57
111. Authorised officers may require information 58
112. Powers of entry 59
113. Offences relating to powers of entry 60
114. Regulations 60
115. Transitional provisions 61
116. Review of Act 61
Part 11 -- Consequential amendment
117. Travel Agents Act 1985 amended 63
Schedule 1 -- Disciplinary orders 64
Schedule 2 -- Further provisions in
respect of disciplinary orders 65
1. Duration of orders 65
2. Limitation on monetary penalty 65
3. Recovery of penalties 65
Schedule 3 -- Transitional provisions 66
1. Existing repair businesses 66
2. Existing repairers 67
3. Regulations for transitional matters 68
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Motor Vehicle Repairers Bill 2002
A Bill for
An Act to provide for --
• the licensing of persons whose business involves the carrying out
of any prescribed class of motor vehicle repair work;
• the carrying out of such repair work only by, or under the
supervision of, individuals who are certified under this Act;
• the Motor Vehicle Industry Board to be responsible for such
licensing and certification and for the conciliation of certain
disputes relating to motor vehicle repair work;
• the payment of compensation for certain losses relating to motor
vehicle repair work,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Motor Vehicle Repairers Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Motor Vehicle Repairers Act 2002.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
10 "approved", in relation to a form, means approved by the
Board for the purposes of the provision in which the term
appears;
"authorised officer" means an officer designated as such under
section 8;
15 "Board" means the Motor Vehicle Industry Board established
by section 7 of the Motor Vehicle Dealers Act 1973;
"business licence" means a business licence granted under
section 16, 18 or 20;
"certificate" means --
20 (a) a repairer's certificate; or
(b) a provisional repairer's certificate;
"Commissioner" means the Commissioner for Fair Trading
referred to in section 15 of the Consumer Affairs Act 1971;
"Department" means the department of the Public Service
25 principally assisting the Minister in the administration of
this Act;
"Director General" means the chief executive officer of the
Department;
"inquiry" has the meaning given by subsection (4);
page 2
Motor Vehicle Repairers Bill 2002
Preliminary Part 1
s. 3
"licensee" means the holder of a business licence;
"motor vehicle" means a vehicle that is propelled wholly or
partly by --
(a) any volatile spirit, steam, gas, oil or electricity; or
5 (b) any other means apart from human or animal power,
and includes a trailer, but does not include --
(c) a vehicle that is constructed or adapted --
(i) for use on a railway or tramway;
(ii) principally for use in primary production; or
10 (iii) otherwise for use in a manner that does not
involve the carriage of persons or goods over
public roads;
or
(d) anything that is excluded from this definition by the
15 regulations;
"provisional repairer's certificate" means a provisional
repairer's certificate granted under section 44;
"regulations" means regulations made under section 114;
"repair work" means any kind of work that is done on or to
20 motor vehicles and that under section 5(1) is prescribed by
the regulations to be repair work but does not include any
kind of such work that is prescribed by the regulations not
to be repair work;
"repairer's certificate" means a repairer's certificate granted
25 under section 42;
"secretary" means the secretary referred to in section 13 of the
Motor Vehicle Dealers Act 1973.
(2) References in this Act to repairing or repair work in relation to
motor vehicles includes the repairing of any part of, or
30 accessory to, a motor vehicle that has been removed from the
vehicle for repair.
page 3
Motor Vehicle Repairers Bill 2002
Part 1 Preliminary
s. 4
(3) If a business licence is granted to 2 or more persons under
section 18, references in this Act to the licensee are to those
persons jointly, unless a contrary intention appears.
(4) The references in sections 23(2)(a), 32(2)(a), 62(3)(a) and 66(a)
5 to an inquiry are to proceedings of the kind authorised by
section 14 of the Motor Vehicle Dealers Act 1973, and that
section applies accordingly.
4. Limitation on imposition of penalties for offences
The power of a court to impose a penalty on a person for an
10 offence against this Act is subject to the limitation in Schedule 2
clause 2(1).
5. Repair work, prescription of
(1) The regulations may prescribe any kind of work that is done on
or to motor vehicles to be repair work for the purposes of this
15 Act, including, but not limited to --
(a) examining motor vehicles;
(b) diagnosing and detecting faults in motor vehicles;
(c) adjusting, servicing and maintaining motor vehicles;
(d) overhauling motor vehicles;
20 (e) replacing components of motor vehicles;
(f) modifying and altering motor vehicles; and
(g) painting or treating the surfaces of motor vehicles.
(2) The regulations may prescribe any kind of work that is done on
or to motor vehicles not to be repair work for the purposes of
25 this Act.
(3) For the purposes of Part 2, the regulations may classify repair
work.
(4) For the purposes of Part 3, the regulations may classify repair
work.
page 4
Motor Vehicle Repairers Bill 2002
Preliminary Part 1
s. 6
(5) The classification of repair work for the purposes of Part 2 need
not be the same as the classification of repair work for the
purposes of Part 3.
6. Exemptions
5 (1) The regulations may exempt from all or any of the provisions of
this Act --
(a) any person or class of persons;
(b) persons carrying on any business or any specified class
of business; or
10 (c) any other class of person, act, matter or thing.
(2) An exemption may be expressed to apply --
(a) generally; or
(b) only in respect of a specified area or specified areas of
the State.
15 (3) The regulations may provide --
(a) for circumstances in which, and conditions subject to
which, an exemption is to apply; and
(b) that an exemption is of no effect at any time when any
condition to which it is subject is not being observed.
20 7. Commissioner's powers
Without limiting sections 19 to 23A, 24 and 25 of the Consumer
Affairs Act 1971, those sections apply, with such modifications
as are necessary, to and in relation to the performance of the
functions of the Commissioner under this Act and persons and
25 matters affected thereby as if those sections made express
provision to that effect.
8. Authorised officers
(1) The Director General may designate any officer of the
Department as an authorised officer for the purposes of this Act.
page 5
Motor Vehicle Repairers Bill 2002
Part 1 Preliminary
s. 8
(2) The Director General is to issue a certificate of authorisation to
each person who is designated as an authorised officer under
subsection (1).
(3) An authorised officer is to produce the certificate whenever
5 required to do so by a person in respect of whom he or she has
exercised, or is about to exercise, any power under this Act.
(4) Production of a certificate referred to in subsection (2) in
respect of a person is evidence in any court that the person is
duly designated under subsection (1).
page 6
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Repair businesses to be licensed Division 1
s. 9
Part 2 -- Licensing of motor vehicle repair businesses
Division 1 -- Repair businesses to be licensed
9. Licensing requirement
(1) A person or firm must not carry on a business that consists of or
5 includes the carrying out of repair work of a class prescribed by
the regulations except under and in accordance with a business
licence for that class of repair work.
Penalty: $50 000 and a daily penalty of $1 000.
(2) For the purposes of this section a business does not include any
10 part of the business that involves work that is not repair work.
10. Exceptions to section 9
(1) Section 9 does not apply to --
(a) a person or firm so far as the person or firm carries out
repair work only on motor vehicles owned or used by
15 the person or firm;
(b) a person or firm so far as the person or firm --
(i) holds a licence under the Motor Vehicle Dealers
Act 1973; and
(ii) carries out repair work for the purposes of
20 section 34 of that Act, but not otherwise;
or
(c) a person so far as he or she carries out repair work on
motor vehicles only in the course of his or her
employment with another person.
25 (2) Section 9 does not apply to a person or firm so far as the person
or firm --
(a) in the course of carrying on business under a business
licence accepts repair work of a class for which the
person or firm does not hold a business licence;
page 7
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 2 Application for and grant of business licence
s. 11
(b) does not advertise or hold out in any way that the person
or firm --
(i) carries on; or
(ii) is willing to carry on,
5 business that consists of or includes the carrying out of
that class of repair work; and
(c) by agreement made with a person or firm that holds a
business licence for that class of repair work arranges
for the repair work to be carried out by that person or
10 firm.
11. Advertising
A person or firm must not advertise, or otherwise hold out in
any way, that the person or firm --
(a) carries on; or
15 (b) is willing to carry on,
business that consists of or includes the carrying out of any class
of repair work on motor vehicles unless the person or firm holds
a business licence for that class of repair work.
Penalty: $50 000.
20 Division 2 -- Application for and grant of business licence
12. Interpretation
In this Division --
"sufficient resources", in relation to a business licence applied
for, means --
25 (a) any tools and equipment that may be prescribed by
the regulations in respect of the class of repair work
to which the licence applies; and
(b) sufficient material, manpower and financial
resources, apart from tools and equipment so
30 prescribed, to carry on business doing the class of
repair work to which the licence applies.
page 8
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Application for and grant of business licence Division 2
s. 13
13. Application requirements
(1) This section applies to all applications under this Part.
(2) An application may relate to more than one class of repair work.
(3) An application --
5 (a) must be --
(i) made in the form approved; and
(ii) accompanied by the fee prescribed,
for the class or classes of repair work to which the
application relates; and
10 (b) must comply with section 58 or that section as varied by
section 60.
(4) The applicant must provide the Board with any additional
information or document that it may ask for.
14. Notification of changes to information provided
15 (1) This section applies if --
(a) an application has been made for a business licence; and
(b) a material change occurs in the information provided in
the application before it is granted or refused.
(2) The applicant or applicants must notify particulars of the change
20 in writing to the Board within 14 days after it occurs.
Penalty: $1 500.
15. Application by individual
An application for a business licence may be made to the Board
by an individual.
25 16. Grant of business licence to individual
(1) An application made under section 15 may be refused by the
Board in accordance with sections 22 and 23.
page 9
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 2 Application for and grant of business licence
s. 17
(2) Subject to subsection (1), the Board must grant a business
licence if the application is duly made and the applicant satisfies
it that he or she --
(a) has reached the age of 18 years;
5 (b) is a person of good character and repute;
(c) is a fit and proper person to hold the licence applied for;
(d) has sufficient resources; and
(e) has such other qualifications as may be prescribed by
the regulations.
10 17. Application by firm
An application for a business licence may be made jointly to the
Board by the 2 or more persons who together constitute a firm.
18. Grant of business licence to firm
(1) An application made under section 17 may be refused by the
15 Board in accordance with sections 22 and 23.
(2) Subject to subsection (1), the Board must grant a business
licence if the application is duly made and the applicants satisfy
it that --
(a) each relevant person --
20 (i) has reached the age of 18 years;
(ii) is a person of good character and repute;
(iii) is a fit and proper person to be concerned in the
management or conduct of the business to which
the application relates; and
25 (iv) has such qualifications as may be prescribed by
the regulations;
and
(b) the persons who constitute the firm have sufficient
resources.
page 10
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Application for and grant of business licence Division 2
s. 19
(3) In subsection (2) --
"relevant person" means an individual --
(a) who is a member of the firm; or
(b) who is concerned in the management or conduct of a
5 body corporate that is a member of the firm.
19. Application by body corporate
An application for a business licence may be made to the Board
by a body corporate.
20. Grant of business licence to body corporate
10 (1) An application made under section 19 may be refused by the
Board in accordance with sections 22 and 23.
(2) Subject to subsection (1), the Board must grant a business
licence if the application is duly made and the applicant satisfies
it that --
15 (a) each relevant person --
(i) has reached the age of 18 years;
(ii) is a person of good character and repute;
(iii) is a fit and proper person to be concerned in the
management or conduct of the business to which
20 the application relates; and
(iv) has such qualifications as may be prescribed by
the regulations;
and
(b) the body corporate has sufficient resources.
25 (3) In subsection (2) --
"relevant person" means an individual who is concerned in the
management or conduct of the body corporate.
page 11
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 2 Application for and grant of business licence
s. 21
21. Notification to Commissioner
The Board is to --
(a) cause a copy of every application made under
section 15, 17 or 19 to be sent to the Commissioner; and
5 (b) give the Commissioner the opportunity to submit to it
any matters he or she considers relevant to the
application.
22. Board must refuse to grant business licence if applicant or
other person disqualified
10 The Board must refuse to grant a business licence under
section 16, 18 or 20 if --
(a) the applicant, or any applicant, is disqualified from
holding or obtaining a business licence by an order of
the kind described in Schedule 1 item 1; or
15 (b) a relevant person within the meaning of paragraph (b) of
the definition of "relevant person" in section 18(3) or of
section 20(3) is disqualified by an order of the kind
described in Schedule 1 item 2.
23. Grounds for refusing a business licence
20 (1) The Board may refuse to grant a business licence under
section 16, 18 or 20 if there is any ground on which an order
could be made under section 68 in respect of --
(a) the applicant or any applicant; or
(b) a person concerned in the management or conduct of a
25 body corporate that is the applicant or one of the
applicants,
if he or she were a person to whom Part 6 applies.
(2) The Board cannot refuse to grant a business licence as
mentioned in subsection (1) unless it has --
30 (a) conducted an inquiry; and
page 12
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Business licence conditions Division 3
s. 24
(b) given the applicant or each applicant an opportunity to
show cause why the grant should not be refused.
24. Form of business licence
(1) A business licence may be for more than one class of repair
5 work.
(2) Subject to this section, a business licence for a particular class,
or particular classes, of repair work is to be in such form as the
Board may determine for a business licence of that kind.
(3) In determining the form of a business licence the Board must
10 give effect to section 59(2).
(4) For the purposes of section 108 a business licence must --
(a) bear a number; and
(b) show the name of the business carried on by the
licensee.
15 25. Duplicate business licence
If the Board is satisfied that a business licence has been lost or
destroyed it may issue a duplicate licence on payment of the
prescribed fee.
26. Business licence not transferable
20 A business licence is not transferable except as provided in
section 34.
Division 3 -- Business licence conditions
27. Conditions may be imposed by Board
(1) The Board may, when granting a business licence, attach any
25 condition or restriction to the licence.
page 13
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 3 Business licence conditions
s. 28
(2) The Board may at any time decide that --
(a) a new condition or restriction is to be attached to an
existing business licence; or
(b) a condition or restriction attached to an existing business
5 licence is to be amended or removed.
(3) A decision under subsection (2) does not take effect until a day
determined by the Board.
(4) The day so determined cannot be before the Board has --
(a) notified the licensee of the decision; and
10 (b) given the licensee a reasonable opportunity to make
submissions on it either orally or in writing.
(5) The Board may determine that subsection (4) does not apply in
the case of a decision to remove a condition or restriction.
(6) If a decision under subsection (2) has taken effect the licensee
15 must, if required by the Board --
(a) produce the licence to the Board for amendment; and
(b) do so within the time specified by the Board.
Penalty: $1 500.
(7) The powers conferred by this section are in addition to the
20 powers described in Schedule 1 item 4.
28. Regulations may prescribe conditions and restrictions
The regulations may prescribe conditions and restrictions that
are to be taken to be attached to --
(a) all business licences; or
25 (b) all business licences for a particular class of repair work,
unless otherwise specified in the licence.
29. Regulations may require licensee to hold insurance policy
(1) A condition may be prescribed under section 28 requiring that a
licensee take out and maintain, in respect of the business of the
page 14
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Duration and renewal Division 4
s. 30
licensee, any policy of insurance of a kind specified in the
regulations.
(2) The regulations may set out requirements for any policy referred
to in subsection (1).
5 Division 4 -- Duration and renewal
30. Duration of business licence
(1) A business licence is to be issued or renewed for a period
prescribed by the regulations.
(2) A business licence has effect on and from the day on which it is
10 issued and continues in force until --
(a) if the licence is not renewed from time to time, the
expiry of the period prescribed for the purposes of
subsection (1);
(b) the licence is surrendered under section 53;
15 (c) the licence is cancelled under section 70;
(d) the holder or one of the holders is disqualified by an
order of the kind described in Schedule 1 item 1; or
(e) the licence ceases to have effect under section 37,
whichever first occurs.
20 31. Application for renewal of business licence
(1) A licensee may apply to the Board for a renewal of the business
licence.
(2) An application for renewal must be made not later than 28 days
before the day on which the business licence is due to expire as
25 mentioned in section 30(2)(a).
(3) The application must be --
(a) made in the approved form; and
(b) accompanied by the prescribed fee.
page 15
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 4 Duration and renewal
s. 32
(4) The Board may by notice in writing to the licensee shorten the
period referred to in subsection (2), and may do so either before
or after the application is required to be made under that
subsection.
5 32. Grounds for refusing to renew business licence
(1) The Board may refuse to renew a business licence if there is any
ground on which the Board could refuse to grant the licence
under section 16, 18 or 20.
(2) The Board cannot refuse to renew a business licence as
10 mentioned in subsection (1) unless it has --
(a) conducted an inquiry; and
(b) given the licensee an opportunity to show cause why the
renewal should not be refused.
(3) If --
15 (a) an application for renewal of a business licence has been
made; and
(b) the Board considers that --
(i) there is a matter that could constitute a ground
for refusing the renewal under subsection (1); but
20 (ii) there is insufficient time before the licence
expires for the Board to hold an inquiry as
required by subsection (2),
the Board may renew the licence in terms that the renewal does
not affect the exercise, after the renewal, of the Board's power
25 under section 68 in respect of that matter.
page 16
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Changes in firm and management of business Division 5
s. 33
Division 5 -- Changes in firm and management of business
33. Loss of member etc., notice to be given to Board
(1) This section applies if, because of the death or resignation of the
person or otherwise, one of the following events occurs --
5 (a) a person ceases to be a member of a firm that holds a
business licence;
(b) a person ceases to be a person who is concerned in the
management or conduct of a body corporate that is a
member of a firm that holds a business licence; or
10 (c) a person ceases to be a person who is concerned in the
management or conduct of a body corporate that holds a
business licence.
(2) The licensee concerned must, within 14 days after the event
occurs, notify the Board in writing of the event.
15 Penalty: $2 000.
34. New member in licensed firm
(1) This section applies if --
(a) a business licence is held by a firm; and
(b) it is proposed to include a new member in the firm,
20 irrespective of whether an increase in the number of
members is involved.
(2) The licensee may apply to the Board for the licence to be
amended by including the proposed new member of the firm as
one of the licensees.
25 (3) The application must be made not less than 14 days before the
change is to occur.
(4) The Board may refuse to grant an application under
subsection (2) only if it is satisfied that, if an application were
made under section 17 by the persons who are proposed to be
page 17
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 5 Changes in firm and management of business
s. 35
the holders of the licence as amended, a business licence would
not be granted to them.
(5) Subject to subsection (4), the Board must --
(a) grant an application that is duly made under
5 subsection (2); and
(b) specify a day on which the amendment is to take effect.
35. New person in management of corporate member of
licensed firm
(1) This section applies if --
10 (a) a business licence is held by a firm;
(b) one of the licensees is a corporate member of the firm;
and
(c) it is proposed to include a new person in the persons
who are concerned in the management or conduct of that
15 corporate member, irrespective of whether an increase in
the number of such persons is involved.
(2) The Board may, on the application of the licensee, approve any
proposed inclusion.
(3) The application must be made not less than 14 days before the
20 inclusion is to occur.
(4) The Board may refuse to give its approval under subsection (2)
only if it is satisfied that a business licence would not be granted
if --
(a) an application for a business licence in respect of the
25 class of repair work concerned were made under
section 17;
(b) the corporate member were one of the applicants; and
(c) at the time of the application the persons concerned in
the management or conduct of the corporate member
30 were the persons who would be so concerned if the
proposed inclusion were approved.
page 18
Motor Vehicle Repairers Bill 2002
Licensing of motor vehicle repair businesses Part 2
Changes in firm and management of business Division 5
s. 36
36. New person in management of licensed body corporate
(1) This section applies if --
(a) a business licence is held by a body corporate; and
(b) it is proposed to include a new person in the persons
5 who are concerned in the management or conduct of the
body corporate, irrespective of whether an increase in
the number of such persons is involved.
(2) The Board may, on the application of the licensee, approve any
proposed inclusion.
10 (3) The application must be made not less than 14 days before the
inclusion is to occur.
(4) The Board may refuse to give its approval under subsection (2)
only if it is satisfied that a business licence would not be granted
if --
15 (a) an application for a business licence in respect of the
class of repair work concerned were made under
section 19; and
(b) at the time of that application the persons concerned in
the management or conduct of the body corporate were
20 the persons who would be so concerned if the proposed
inclusion were approved.
37. Business licence ceases if changes not approved
(1) This section applies if the Board refuses --
(a) to grant an application under section 34(2); or
25 (b) to give an approval under section 35(2) or 36(2).
(2) The business licence ceases to have effect 14 days after the
licensee is notified of the refusal unless, within that period --
(a) the licensee notifies the Board in writing that the
application to which the refusal relates is withdrawn; or
page 19
Motor Vehicle Repairers Bill 2002
Part 2 Licensing of motor vehicle repair businesses
Division 5 Changes in firm and management of business
s. 38
(b) the licensee makes a further application under
section 34, 35 or 36, as the case may be, that is granted
by the Board.
(3) The Board may by notice in writing to the licensee extend the
5 period referred to in subsection (2).
(4) As soon as practicable after a business licence ceases to have
effect under subsection (2), the person who was the licensee
must return to the Board --
(a) the licence; and
10 (b) any certificate issued to the licensee under section 63(1).
Penalty: $1 500.
38. Offence to make management changes without applying for
approval
(1) If a business licence is held by a firm, the licensee commits an
15 offence if --
(a) a new member is included in the firm without an
application being made under section 34; or
(b) a new person is included in the persons who are
concerned in the management or conduct of a body
20 corporate that is a member of the firm without an
application being made under section 35.
Penalty: $2 000.
(2) If a business licence is held by a body corporate, the licensee
commits an offence if a new person is included in the persons
25 who are concerned in the management or conduct of the body
corporate without an application being made under section 36.
Penalty: $2 000.
page 20
Motor Vehicle Repairers Bill 2002
Certification of individuals performing repair work Part 3
Requirement for certification Division 1
s. 39
Part 3 -- Certification of individuals performing
repair work
Division 1 -- Requirement for certification
39. Individuals carrying out repair work to hold certificate
5 (1) This section applies to --
(a) a person or firm that carries on a business that consists
of or includes the carrying out of repair work; and
(b) a person or firm that --
(i) holds a licence under the Motor Vehicle Dealers
10 Act 1973; and
(ii) carries out repair work for the purposes of
section 34 of that Act, but not otherwise.
(2) Any --
(a) individual; or
15 (b) individual member of a firm,
that comes within subsection (1) must not, in connection with
the business, personally carry out repair work of a class
prescribed by the regulations unless he or she holds a certificate
for that class of repair work.
20 Penalty: $5 000.
(3) Any person or firm that comes within subsection (1) must not
permit any other person to carry out any repair work of a class
prescribed by the regulations unless the other person --
(a) holds a certificate for that class of repair work; or
25 (b) carries out the repair work under the supervision of a
person who holds a repairer's certificate for that class of
repair work.
Penalty: $5 000.
page 21
Motor Vehicle Repairers Bill 2002
Part 3 Certification of individuals performing repair work
Division 2 Certification provisions
s. 40
(4) For the purposes of subsection (3)(b), a person under whose
supervision repair work is being carried out is required to
exercise effective oversight and control of the carrying out of
the work, but need not be continuously present while it is being
5 carried out.
40. Falsely holding out
An individual must not hold himself or herself out as the holder
of --
(a) a certificate; or
10 (b) a certificate for a particular class of repair work,
if he or she does not hold a certificate or the relevant certificate.
Penalty: $5 000.
Division 2 -- Certification provisions
41. Application
15 (1) An application for a repairer's certificate may be made to the
Board by an individual.
(2) An application must be --
(a) made in the approved form; and
(b) accompanied by the prescribed fee.
20 (3) An application may relate to more than one class of repair work.
(4) Despite subsection (2)(b), the prescribed fee is not payable on
an application relating to a class of repair work if --
(a) the applicant held a provisional repairer's certificate for
that class of repair work; and
25 (b) the application is made not later than 3 months after the
expiry date specified in that certificate under
section 45(2)(b).
page 22
Motor Vehicle Repairers Bill 2002
Certification of individuals performing repair work Part 3
Certification provisions Division 2
s. 42
42. Grant of repairer's certificate
(1) The Board must grant a repairer's certificate applied for under
section 41 if the applicant satisfies it that he or she --
(a) is a fit person to hold the certificate; and
5 (b) is sufficiently qualified to carry out each class of repair
work to which the application relates.
(2) A person is sufficiently qualified if he or she --
(a) either --
(i) has the qualifications; or
10 (ii) has passed the examinations,
prescribed by the regulations for the class of repair work
concerned; or
(b) either --
(i) has some other qualifications or has passed some
15 other examinations; or
(ii) has experience,
that the Board determines to be sufficient for the class of
repair work concerned.
43. Conditions may be attached
20 (1) The Board may, when granting a repairer's certificate, attach
any condition or restriction to the certificate.
(2) The Board may at any time decide that --
(a) a new condition or restriction is to be attached to an
existing repairer's certificate; or
25 (b) a condition or restriction attached to an existing
repairer's certificate is to be amended or removed.
(3) A decision under subsection (2) does not take effect until a day
determined by the Board.
page 23
Motor Vehicle Repairers Bill 2002
Part 3 Certification of individuals performing repair work
Division 2 Certification provisions
s. 44
(4) The day so determined cannot be before the Board has --
(a) notified the holder of the certificate of the decision; and
(b) given him or her a reasonable opportunity to make
submissions on it either orally or in writing.
5 (5) The Board may determine that subsection (4) does not apply in
the case of a decision to remove a condition or restriction.
(6) If a decision under subsection (2) has taken effect the holder of
the certificate must, if required by the Board --
(a) produce the certificate to the Board for amendment; and
10 (b) do so within the time specified by the Board.
Penalty: $1 500.
(7) The powers conferred by this section are in addition to the
powers described in Schedule 1 item 4.
44. Provisional repairer's certificate
15 (1) Subsection (2) applies if --
(a) a person has applied under section 41 for a repairer's
certificate;
(b) the Board is satisfied under section 42(1)(a); and
(c) the Board is not satisfied under section 42(1)(b) that the
20 person is sufficiently qualified but is satisfied that the
person --
(i) has acquired; or
(ii) is capable of acquiring,
the skills that will enable him or her to become so
25 qualified.
(2) The Board may grant the applicant a provisional repairer's
certificate for the class of repair work concerned subject to any
condition or restriction determined by the Board.
page 24
Motor Vehicle Repairers Bill 2002
Certification of individuals performing repair work Part 3
Certification provisions Division 2
s. 47
(3) A provisional repairer's certificate is of no effect at any time
when any condition or restriction to which it is subject is not
being observed.
(4) A provisional repairer's certificate may relate to more than one
5 class of repair work.
45. Form of certificate
(1) Subject to subsection (2), a certificate is to be in a form
determined by the Board.
(2) A provisional repairer's certificate must specify --
10 (a) the conditions and restrictions to which the certificate is
subject; and
(b) the day on which it expires.
46. Duration of certificate
(1) A repairer's certificate continues in force until --
15 (a) it is surrendered under section 53; or
(b) the holder of the certificate is disqualified by an order of
the kind described in Schedule 1 item 1.
(2) A provisional repairer's certificate continues in force until --
(a) it is surrendered under section 53;
20 (b) the holder of the certificate is disqualified by an order of
the kind described in Schedule 1 item 1; or
(c) the day specified in the certificate under
section 45(2)(b),
whichever happens first.
25 47. Return of expired provisional certificate
If a provisional repairer's certificate has expired, the person
who was the holder must, as soon as is practicable after the
expiry, return the certificate to the Board.
Penalty: $1 500.
page 25
Motor Vehicle Repairers Bill 2002
Part 3 Certification of individuals performing repair work
Division 2 Certification provisions
s. 48
48. Change of address to be notified by certificate holder
(1) The holder of a certificate who changes his or her place of
residence must give to the secretary notice of the address of the
new place of residence not later than 14 days after the change
5 occurs.
Penalty: $1 500.
(2) The secretary is to enter in the register referred to in
section 50(1)(b) particulars of any change notified under
subsection (1).
page 26
Motor Vehicle Repairers Bill 2002
Provisions applicable to business licences and to certificates Part 4
s. 49
Part 4 -- Provisions applicable to business licences and
to certificates
49. False or misleading information
(1) A person must not in relation to an application to which this
5 section applies give information orally or in writing that the
person knows to be --
(a) false or misleading in a material particular; or
(b) likely to deceive in a material way.
Penalty: $5 000.
10 (2) This section applies to --
(a) an application for a business licence or a repairer's
certificate;
(b) an application for the renewal of a business licence; and
(c) an application under section 34, 35, 36 or 61.
15 50. Registers
(1) The secretary must keep --
(a) a register for the purposes of Part 2 recording such
particulars and matters relating to business licences as
are prescribed; and
20 (b) a register for the purposes of Part 3 recording such
particulars and matters relating to certificates as are
prescribed.
(2) The regulations may provide for the form and manner in which
a register is to be kept, including for a register to be in the form
25 of information stored on a computer.
(3) Subject to the regulations, a register may be kept in a form and
manner determined by the Board.
page 27
Motor Vehicle Repairers Bill 2002
Part 4 Provisions applicable to business licences and to certificates
s. 51
51. Inspection of register
The secretary must allow any person, on payment of the
prescribed fee --
(a) to inspect a register; and
5 (b) to take copies of, or extracts from, any part of it.
52. Secretary may certify as to matters in the register
(1) The secretary may, on the application of a person, issue to the
person a written statement certifying any of the following --
(a) that a person specified in the statement is or was, or is
10 not or was not --
(i) the holder of a business licence or certificate; or
(ii) the holder of a business licence or certificate for
a particular class of repair work;
(b) that premises specified in the statement are or were, or
15 are not or were not, authorised under section 59;
(c) the conditions and restrictions that are or were attached
to a business licence or certificate;
(d) any other matter appearing in the register.
(2) A statement under subsection (1) may specify the day or days or
20 period on or during which anything referred to in subsection (1)
applied.
(3) In all courts and proceedings a statement under this section is
evidence of any matter that appears in it.
53. Surrender of business licence or certificate
25 (1) A licensee or the holder of a certificate may surrender the
business licence or certificate by --
(a) giving the Board notice in writing to that effect; and
(b) returning the licence or certificate to it.
page 28
Motor Vehicle Repairers Bill 2002
Provisions applicable to business licences and to certificates Part 4
s. 54
(2) If a business licence is surrendered, the Board is to refund to the
former licensee so much (if any) of the fee last paid in respect of
the licence as the Board, on application made by the former
licensee, determines to be appropriate.
5 54. Certified copy of business licence or certificate
(1) The secretary may, on payment of the prescribed fee, issue a
certified copy of a business licence or certificate.
(2) In all courts and proceedings a certified copy so issued is
evidence of the contents of the business licence or certificate.
10 (3) A document that purports to be a certified copy of a business
licence or certificate issued by the secretary is to be taken to be
such a copy unless the contrary is proved.
55. Production of business licence or certificate
(1) An authorised officer may require a licensee or the holder of a
15 certificate to produce his or her business licence or certificate to
the officer.
(2) A request under subsection (1) may only be made --
(a) at premises that are authorised under section 59; or
(b) in the case of the holder of a certificate, at premises
20 where he or she is engaged in carrying out repair work
on a motor vehicle.
(3) Any --
(a) licensee; or
(b) holder of a certificate,
25 to whom a requirement under subsection (1) is addressed must
comply with the requirement unless he or she has reasonable
excuse for not doing so.
Penalty: $1 500.
page 29
Motor Vehicle Repairers Bill 2002
Part 5 Restrictions on use of premises by licensees
s. 56
Part 5 -- Restrictions on use of premises by licensees
56. Interpretation
In this Part --
"mobile premises", in relation to a business, means any motor
5 vehicle from which the business is carried out;
"premises", in relation to a business, means any place where
the business is carried out or any mobile premises.
57. Only authorised premises to be used
A licensee must not carry on any business to which the business
10 licence relates at or from any premises except under and in
accordance with an authorisation under section 59.
Penalty: $5 000.
58. Business licence application to specify premises that comply
with planning laws
15 (1) An application for a business licence must --
(a) specify each of the premises at or from which the
applicant proposes to carry on business under the
authority of the licence; and
(b) except in the case of mobile premises, be accompanied
20 by a planning certificate or, subject to section 60, with a
conditional planning certificate, to the satisfaction of the
Board in respect of the premises.
(2) A planning certificate is a certificate --
(a) issued by the authority responsible for town planning
25 matters in the district in which the premises are situated;
and
page 30
Motor Vehicle Repairers Bill 2002
Restrictions on use of premises by licensees Part 5
s. 59
(b) showing that the proposed use of the premises will be
permitted under the written laws relating to planning
that apply in respect of the premises because the
proposed use will either --
5 (i) comply with all relevant requirements of those
laws; or
(ii) be a non-conforming use under those laws.
59. Board to authorise premises
(1) If, in relation to any premises, an application complies with --
10 (a) section 58; or
(b) that section as varied by section 60,
the Board, if it grants the application, must authorise the holder
of the business licence to carry on business at or out of those
premises under the authority of the licence.
15 (2) A business licence must include particulars of all premises
authorised under subsection (1).
60. Conditional planning certificate may be provided
(1) An application, instead of complying with section 58(1)(b), may
be accompanied by a conditional planning certificate.
20 (2) A conditional planning certificate is a certificate --
(a) issued by the authority responsible for town planning
matters in the district in which the premises are situated;
and
(b) showing that the proposed use of the premises would, if
25 any specified consent were given, either --
(i) comply with all relevant requirements of written
laws relating to planning that apply in respect of
the premises; or
(ii) be a non-conforming use under those laws.
page 31
Motor Vehicle Repairers Bill 2002
Part 5 Restrictions on use of premises by licensees
s. 61
(3) If an application is accompanied by a conditional planning
certificate, the Board, if it grants the application, may attach a
condition to the business licence that --
(a) the operation of the licence is suspended until the Board
5 is satisfied that all necessary consents have been given; and
(b) the grant lapses if the Board is not so satisfied before the
expiry of a period specified by it.
61. Changes in authorised premises
(1) The Board may on --
10 (a) the application of the licensee;
(b) except in the case of mobile premises, the production of
any planning certificate in terms of section 58(2) that the
Board considers necessary; and
(c) payment of the prescribed fee,
15 at any time approve an alteration or addition to the particulars
referred to in section 59(2).
(2) An application under subsection (1) may be accompanied by a
conditional planning certificate in terms of section 60(2).
(3) If an application is accompanied by a conditional planning
20 certificate, the Board, if it approves the alteration or addition,
may attach a condition to the approval that --
(a) it is suspended until the Board is satisfied that all
necessary consents have been given; and
(b) it lapses if the Board is not so satisfied before the expiry
25 of a period specified by the Board.
62. Revocation of authority to use premises
(1) The Board may make an order revoking an authorisation of
premises under section 59, other than mobile premises, if the
Board is no longer satisfied that the premises comply with all
30 relevant requirements of written laws relating to planning that
apply in respect of the premises.
page 32
Motor Vehicle Repairers Bill 2002
Restrictions on use of premises by licensees Part 5
s. 63
(2) The Board may make an order under subsection (1) of its own
motion or on the application of the Commissioner.
(3) The Board cannot make an order under subsection (1) in respect
of premises unless it has --
5 (a) conducted an inquiry; and
(b) given the licensee an opportunity to show cause why the
order should not be made.
63. Certificate relating to premises to be displayed
(1) The Board must issue a certificate to a licensee for each
10 premises that are included in the business licence in accordance
with section 59(2).
(2) The certificate is to state that the licensee is authorised under
section 59 to carry on business at or from the premises under the
authority of the business licence.
15 (3) The licensee shall cause a certificate issued under subsection (1)
to be displayed in a conspicuous position on the premises to
which the certificate applies.
Penalty: $1 500.
64. Return of certificate
20 (1) If the Board makes an order under section 62 in respect of any
premises, the Board is to give directions in writing to the
licensee as to the return to the Board of the certificate issued
under section 63(1) for those premises.
(2) Subject to any order under section 81, the licensee must comply
25 with a direction given under subsection (1).
Penalty: $1 500.
page 33
Motor Vehicle Repairers Bill 2002
Part 6 Disciplinary powers of Board
s. 65
Part 6 -- Disciplinary powers of Board
65. Interpretation
In this Part --
"person to whom this Part applies" means --
5 (a) a licensee or one of the licensees;
(b) a person concerned in the management or conduct of
a body corporate that is a licensee or one of the
licensees; and
(c) the holder of a certificate.
10 66. Restriction on exercise of powers
The Board cannot make an order under section 68 or 70 in
respect of a person unless it has --
(a) conducted an inquiry; and
(b) given the person an opportunity to show cause why the
15 order should not be made.
67. Board may act itself or on application
The Board may make an order under section 68 or 70 of its own
motion or on the application of the Commissioner.
68. Making of disciplinary orders under Schedule 1
20 (1) Subject to section 66, the Board may make one or more of the
orders set out in Schedule 1 in respect of a person to whom this
Part applies if the person has been found by the Board --
(a) to have contravened or failed to comply with --
(i) a provision of this Act; or
25 (ii) a business licence or certificate or a condition or
restriction attached to a business licence or
certificate;
page 34
Motor Vehicle Repairers Bill 2002
Disciplinary powers of Board Part 6
s. 69
(b) to have done or omitted to do any thing, or engaged in
any conduct, where in the opinion of the Board the act,
omission or conduct renders the person unfit --
(i) to be a licensee, or one of the licensees, or the
5 holder of a certificate; or
(ii) to be concerned in the management or conduct of
a body corporate that is a licensee or one of the
licensees;
or
10 (c) in the case of the holder of a certificate, to be not
competent to carry out the class of repair work to which
the certificate applies.
(2) Schedule 2 has effect to make further provision in respect of the
orders referred to in subsection (1).
15 69. Person to notify Board of conviction
(1) In this section --
"relevant offence" means an offence against any law of this
State or another State, the Commonwealth or a Territory
for which the maximum penalty on conviction is --
20 (a) a fine of $8 000 or more; or
(b) imprisonment for more than 2 years or for an
indeterminate period.
(2) A person to whom this Part applies must --
(a) notify the Board within 7 days after he or she becomes
25 aware that he or she has been convicted of a relevant
offence; and
(b) provide the Board with such information about the
offence and the conviction as the Board may require.
Penalty: $1 500.
page 35
Motor Vehicle Repairers Bill 2002
Part 6 Disciplinary powers of Board
s. 70
70. Cancellation of business licence on certain grounds
Subject to section 66, the Board may cancel a business licence if
it is satisfied that the licensee --
(a) does not have sufficient resources, within the meaning
5 in section 12, for each class of repair work to which the
licence applies; or
(b) has ceased to carry on the business to which the licence
relates.
71. Return of business licence or certificate
10 (1) If the Board makes --
(a) an order under section 70; or
(b) an order of the kind described in Schedule 1 item 1,
in respect of a licensee or the holder of a certificate the Board is
to give directions in writing to the licensee or holder as to the
15 return to the Board of --
(c) the business licence or certificate; and
(d) any certificate issued to the licensee under section 63(1).
(2) If the Board makes an order of the kind described in Schedule 1
item 4 in respect of a business licence or certificate, the Board
20 may give directions in writing to the licensee or holder of the
certificate as to the production to the Board of the licence or
certificate for amendment.
(3) Subject to any order under section 81, the licensee or the holder
of the certificate must comply with a direction given under
25 subsection (1) or (2).
Penalty: $1 500.
72. Certain offences relating to disqualification
(1) A person who is subject to an order of the kind described in
Schedule 1 item 2 must not contravene or fail to comply with
30 the order.
Penalty: $5 000 and a daily penalty of $100.
page 36
Motor Vehicle Repairers Bill 2002
Disciplinary powers of Board Part 6
s. 72
(2) A licensee must not, during the period when a person is
disqualified by an order of the kind described in Schedule 1
item 1 or 2 --
(a) employ the person in any capacity on premises
5 authorised under section 59; or
(b) allow the person to frequent such premises,
without the prior consent of the Board.
Penalty: $5 000 and a daily penalty of $100.
page 37
Motor Vehicle Repairers Bill 2002
Part 7 Appeals
s. 73
Part 7 -- Appeals
73. Notice of decision to person affected
(1) The Board must give notice of a decision or order to which this
section applies, and the reasons for it, to --
5 (a) the person who made an application for the decision
concerned;
(b) the licensee;
(c) the person in respect of whom an order is made under
section 68; or
10 (d) the holder of a certificate,
as the case may require (the "affected person").
(2) This section applies to a decision or order of the Board --
(a) refusing an application for --
(i) a business licence or a repairer's certificate; or
15 (ii) the renewal of a business licence;
(b) refusing --
(i) to authorise premises under section 59;
(ii) to grant an approval under section 61;
(iii) to amend a business licence under section 34; or
20 (iv) to approve a proposed change under section 35
or 36;
or
(c) in exercise of --
(i) its powers under section 68 or 70;
25 (ii) its power under section 62 to revoke an
authorisation of premises; or
(iii) its powers under Part 2 Division 3 or section 43
or 44 in relation to conditions or restrictions.
page 38
Motor Vehicle Repairers Bill 2002
Appeals Part 7
s. 74
74. Notice of certain decisions to Commissioner
(1) The Board must give notice of a decision to which this section
applies to the Commissioner.
(2) This section applies to a decision of the Board --
5 (a) granting an application for --
(i) a business licence or a repairer's certificate; or
(ii) the renewal of a business licence;
(b) amending a business licence under section 34;
(c) granting an approval under section 35 or 36;
10 (d) authorising premises under section 59; or
(e) granting an approval under section 61.
75. Appeal by affected person
(1) The affected person under section 73(1) may appeal to a Local
Court (the "Court") against a decision or order to which that
15 section applies.
(2) The appeal must be brought within 30 days after the person
received notice under section 73 of the decision or order.
76. Appeal by Commissioner
(1) The Commissioner may appeal to a Local Court (the "Court")
20 against a decision to which section 74 applies.
(2) The appeal must be brought within 30 days after the
Commissioner received notice under section 74 of the decision.
77. Appeal procedures
(1) An appeal under this Part is to be brought and dealt with in
25 accordance with the Local Courts Act 1904 and rules of court.
(2) Subject to the rules of court, the affected person, the Board and
the Commissioner are entitled to appear or be represented in
appeal proceedings under this Part.
page 39
Motor Vehicle Repairers Bill 2002
Part 7 Appeals
s. 78
(3) If in relation to any matter of practice or procedure there is no
provision applicable under subsection (1), the matter is to be
dealt with as the Court directs.
78. Material to be considered
5 (1) The Court is to determine an appeal --
(a) on the material that was before the Board; and
(b) on such further evidence or information, either oral or
by affidavit, as the Court thinks fit to receive.
(2) For the purposes of subsection (1) the Court may ascertain what
10 material was before the Board on such evidence, statement or
record of what occurred before the Board as the Court considers
sufficient.
79. Relevant matters and burden of proof
(1) In determining an appeal the Court may have regard to all
15 matters that it considers relevant, including the public interest.
(2) It is for the appellant to satisfy the Court that --
(a) the decision or order should be varied or reversed; or
(b) the Court should exercise its powers under
section 80(1)(b) or (c).
20 80. Disposition of appeal
(1) The Court may --
(a) confirm, vary or reverse the decision or order of the
Board;
(b) replace the decision or order of the Board with its own
25 decision or order;
(c) remit the matter to the Board for reconsideration with
any direction or recommendation it thinks fit; and
(d) make any consequential or ancillary order (including an
order for costs) that it thinks appropriate.
page 40
Motor Vehicle Repairers Bill 2002
Appeals Part 7
s. 81
(2) If the Court --
(a) varies a decision or order of the Board; or
(b) replaces the decision or order of the Board with its own
decision or order,
5 the decision or order as varied or replaced has effect for the
purposes of this Act as if it were the decision or order of the
Board.
(3) The determination of an appeal by the Court is final.
81. Effect of decision or order pending appeal
10 The operation or effect of a decision or order is not affected by
the bringing of an appeal unless the Court, on an application by
the appellant, orders that the operation or effect be suspended --
(a) until the appeal is determined or discontinued; or
(b) until some other time fixed by the Court.
15 82. Position pending appeal where renewal has been refused
(1) This section applies if --
(a) the Board has decided to refuse an application for the
renewal of a business licence; and
(b) under section 81 the Court orders the suspension of that
20 decision.
(2) The Court may further order that the business licence is to be
taken to have effect --
(a) until the appeal is determined or discontinued; or
(b) until some other time fixed by the Court,
25 as if it had been renewed in accordance with the application.
page 41
Motor Vehicle Repairers Bill 2002
Part 8 Conciliation of certain disputes
s. 83
Part 8 -- Conciliation of certain disputes
83. Interpretation
In this Part --
"licensee" includes a former licensee;
5 "owner", in relation to a motor vehicle, includes --
(a) a hirer or lessee of the motor vehicle; and
(b) a former owner of the motor vehicle.
84. Disputes to which this Part applies
(1) This Part applies to a dispute between the owner of a motor
10 vehicle and a licensee about --
(a) whether any particular repair work has been carried out
on the vehicle by the licensee;
(b) whether repair work carried out on the vehicle by the
licensee has been competently carried out;
15 (c) the amount charged by the licensee for repair work
carried out on the vehicle; or
(d) any other matter relating to the carrying out of repair
work on the vehicle by the licensee.
(2) This Part applies to a dispute only if it --
20 (a) has not been decided by the Commissioner acting under
section 37 of the Motor Vehicle Dealers Act 1973 or by
a court or tribunal; and
(b) is not the subject of any proceedings.
(3) A dispute is the subject of proceedings as mentioned in
25 subsection (2)(b) if --
(a) the Commissioner has advised the parties under
section 36 of the Motor Vehicle Dealers Act 1973 that
he or she proposes to determine the dispute; or
(b) proceedings in respect of the issues in dispute are
30 pending before a court or tribunal.
page 42
Motor Vehicle Repairers Bill 2002
Conciliation of certain disputes Part 8
s. 85
(4) This Part does not apply to a dispute relating to --
(a) repair work carried out; or
(b) any other matter that arose,
before the commencement of this Part.
5 85. Conciliation by Board at request of owner
(1) The owner of the vehicle concerned may in writing request the
Board to act as a conciliator in a dispute to which this Part
applies, and the Board may at its discretion comply with the
request.
10 (2) A request under subsection (1) may be withdrawn at any time
and the Board must then stop dealing with the matter.
(3) The Board may appoint an authorised officer to assist it in
investigating and conciliating the dispute and, for those
purposes, may delegate to such an officer --
15 (a) any power in relation to the conciliation; and
(b) any power of the Board under section 14 of the Motor
Vehicle Dealers Act 1973.
(4) Anything done under this Part by an authorised officer for the
purposes of a conciliation is to be taken to be done by the
20 Board.
86. Conciliation function
(1) The function of the Board as conciliator is to encourage the
settlement of the dispute by --
(a) communicating with the owner and the licensee
25 concerned;
(b) arranging discussions between them and assisting in
those discussions; and
(c) taking any other step that it considers appropriate.
page 43
Motor Vehicle Repairers Bill 2002
Part 8 Conciliation of certain disputes
s. 87
(2) It is not a function of the Board to conduct an arbitration of a
dispute.
(3) The Board must not perform the function under subsection (1)
if, at any time after a request is made under section 85, the
5 dispute becomes subject to proceedings within the meaning in
section 84(3).
87. Examination of vehicle
An authorised officer appointed under section 85(3) may at any
reasonable time --
10 (a) enter premises of the licensee concerned at which the
officer reasonably believes the relevant motor vehicle is
situated; and
(b) inspect the vehicle.
88. Offences relating to conciliation
15 (1) A person must not, in relation to a request under section 85, or
any attempt at conciliation by the Board, give information orally
or in writing that the person knows to be --
(a) false or misleading in a material particular; or
(b) likely to deceive in a material way.
20 Penalty: $5 000.
(2) A person must not without reasonable excuse obstruct or hinder
an authorised officer in the exercise of his or her powers under
section 87.
Penalty: $5 000.
page 44
Motor Vehicle Repairers Bill 2002
Claims for losses in connection with repair work Part 9
s. 89
Part 9 -- Claims for losses in connection with
repair work
89. Interpretation
In this Part --
5 "Compensation Fund" means the account referred to in
section 90(2);
"insolvent" means --
(a) in relation to a natural person, being an insolvent
under administration as that expression is defined in
10 the Corporations Act 2001 of the Commonwealth;
(b) in relation to a body corporate, being subject to
external administration under the Corporations
Act 2001 of the Commonwealth;
"owner", in relation to a motor vehicle, includes --
15 (a) a hirer or lessee of the motor vehicle; and
(b) a former owner of the motor vehicle.
90. Motor Vehicle Repair Industry Compensation Fund
(1) In this section --
"prescribed percentage" means 1% or such other percentage
20 as may be prescribed by the regulations.
(2) There is to be an account called the Motor Vehicle Repair
Industry Compensation Fund.
(3) The Compensation Fund --
(a) is to be administered by the Director General; and
25 (b) is to form part of the Trust Fund constituted under
section 9 of the Financial Administration and Audit
Act 1985.
page 45
Motor Vehicle Repairers Bill 2002
Part 9 Claims for losses in connection with repair work
s. 91
(4) There are to be credited to the Compensation Fund --
(a) in respect of each year, an amount equal to the
prescribed percentage of all fees paid under
sections 13, 31 and 41 during that year;
5 (b) moneys recovered by the Board --
(i) in the exercise of the rights and remedies referred
to in section 95; or
(ii) under section 96;
(c) moneys borrowed under subsection (6); and
10 (d) any other moneys lawfully payable to the Compensation
Fund.
(5) There are to be paid out of the Compensation Fund --
(a) all amounts payable under section 93(5);
(b) the costs incurred by the Board in respect of claims
15 under this Part; and
(c) interest on, and amounts required to repay, moneys
borrowed under subsection (6).
(6) Moneys may be borrowed from the Treasurer for the purposes
of the Compensation Fund --
20 (a) in such amounts as the Treasurer may approve; and
(b) on such terms relating to repayment and payment of
interest as the Treasurer imposes.
91. Losses to which this Part applies
(1) If a licensee --
25 (a) carries out repair work on a motor vehicle
incompetently; or
page 46
Motor Vehicle Repairers Bill 2002
Claims for losses in connection with repair work Part 9
s. 92
(b) fails to complete repair work on a motor vehicle by
reason of the licensee or one of the licensees becoming
insolvent,
and the owner of the motor vehicle incurs a loss by reason of
5 having to have the repair work remedied or completed, this Part
applies to the loss.
(2) This Part does not apply to a loss referred to in subsection (1)
that --
(a) relates to --
10 (i) repair work carried out; or
(ii) a person becoming insolvent,
before the commencement of this Part;
(b) relates to repair work carried out for the purposes of
section 34 of the Motor Vehicle Dealers Act 1973; or
15 (c) was incurred by a person in connection with any repair
work carried out by an employee of the person.
(3) This Part does not apply to a loss that consists of loss of profits
or income or other losses that arise indirectly from remedying or
completing repair work as described in subsection (1).
20 (4) This Part does not apply so as to allow an insurer of a motor
vehicle to make a claim under section 92 in the name of the
owner of the vehicle in relation to a loss in connection with the
repair of a motor vehicle.
92. Claims for losses
25 (1) The owner of a motor vehicle who --
(a) has incurred a loss to which this Part applies in
connection with the vehicle; and
(b) has taken all reasonable steps to exercise all legal
remedies, all rights under insurance policies, and all
30 rights of action, that are available in respect of the loss,
page 47
Motor Vehicle Repairers Bill 2002
Part 9 Claims for losses in connection with repair work
s. 93
may claim from the Compensation Fund --
(c) the amount of the loss; or
(d) the sum of $6 000,
whichever is the less.
5 (2) The losses incurred by the owner of a motor vehicle in the same
circumstances in connection with repair work carried out, or not
completed, on the vehicle by a licensee cannot be divided for
the purpose of more than one claim being made by the owner.
(3) A claim must be --
10 (a) made in the approved form and verified by statutory
declaration; and
(b) lodged with the Board.
(4) A claimant must provide the Board with such information about
the claim as the Board may require.
15 93. How claim to be determined
(1) For the purposes of this section a claim is duly made if --
(a) the claimant meets the requirements of section 92; and
(b) the claim has been made in accordance with that section.
(2) If the Board considers that the claim has been duly made it may
20 at its discretion --
(a) determine that the claim should be --
(i) allowed in whole or in part; or
(ii) disallowed;
and
25 (b) make a recommendation to the Director General
accordingly.
page 48
Motor Vehicle Repairers Bill 2002
Claims for losses in connection with repair work Part 9
s. 94
(3) On receipt of a recommendation of the Board the Director
General may, if he or she considers that the claim has been duly
made, at his discretion --
(a) accept the recommendation;
5 (b) decline to accept the recommendation; or
(c) determine the claim in such manner as he or she thinks
fit.
(4) Where the Director General does not accept the
recommendation of the Board he or she must inform the Board
10 of the reasons for his or her determination.
(5) The amount of any claim that is allowed is to be paid out of the
Compensation Fund.
94. No proceedings to be brought
(1) A person may not bring proceedings against the Board or the
15 Director General for the recovery of compensation in respect of
any loss to which this Part applies.
(2) A determination of the Board or the Director General under
section 93 is not liable to be challenged, reviewed or called in
question by a court on account of anything that the Board or the
20 Director General has done or failed to do for the purposes of
that section.
95. Subrogation where claim allowed
(1) On payment of an amount to a claimant out of the
Compensation Fund (the "amount paid"), the Director General
25 is subrogated, to the extent of the amount paid, to all the rights
and remedies of the claimant against --
(a) the person in relation to whom the claim arose;
(b) any other person incurring any liability to the claimant
in relation to the subject matter of the claim; or
page 49
Motor Vehicle Repairers Bill 2002
Part 9 Claims for losses in connection with repair work
s. 96
(c) any person having legal authority in respect of any
estate or assets concerned,
and to the extent of the amount paid the claimant is not entitled
to enforce those rights and remedies.
5 (2) In the enforcement of any rights and remedies referred to in
subsection (1) for the purpose of recovering the amount paid,
that amount is taken to be a debt due to the Director General and
recoverable accordingly.
(3) No form of conveyance or assignment is required for the
10 purposes of subsection (1).
96. Recovery from directors of body corporate
(1) This section applies if payment of an amount to a claimant out
of the Compensation Fund results from --
(a) the act or omission of a body corporate; or
15 (b) a body corporate becoming insolvent.
(2) The persons who were directors of the body corporate when --
(a) the act or omission occurred; or
(b) the body corporate became insolvent,
are jointly and severally liable to the Director General for the
20 amount paid.
(3) For the purposes of subsection (2) the amount paid is taken to
be a debt due to the Director General and recoverable
accordingly.
(4) In any proceedings under this section for the recovery of an
25 amount paid as a result of an act or omission, judgment is not to
be entered against a defendant who proves that the act or
omission occurred without his or her express or implied
authority or consent.
page 50
Motor Vehicle Repairers Bill 2002
Claims for losses in connection with repair work Part 9
s. 96
(5) Where subsection (2) applies the body corporate is not liable to
reimburse a person for any amount that he or she pays to the
Director General under this section.
(6) This section does not affect the operation of section 95.
page 51
Motor Vehicle Repairers Bill 2002
Part 10 Miscellaneous
Division 1 Infringement notices
s. 97
Part 10 -- Miscellaneous
Division 1 -- Infringement notices
97. Interpretation
In this Division --
5 "authorised officer" has the meaning given by section 3(1)
except that it does not include the secretary if he or she is
an authorised officer;
"prescribed" means prescribed by the regulations;
"prescribed offence" means an offence prescribed under
10 section 98.
98. Prescribed offences
The regulations may prescribe offences against this Act for
which an infringement notice may be given under section 100.
99. Modified penalties
15 (1) For each prescribed offence the regulations must prescribe --
(a) a modified penalty; or
(b) a different modified penalty according to the
circumstances of the offence.
(2) The modified penalty for an offence cannot exceed 20% of the
20 maximum penalty that could be imposed for that offence by a
court.
100. Giving of notice
(1) An authorised officer who has reason to believe that a person
has committed a prescribed offence may give an infringement
25 notice to the alleged offender.
(2) The notice must be given within 6 months after the alleged
offence is believed to have been committed.
page 52
Motor Vehicle Repairers Bill 2002
Miscellaneous Part 10
Infringement notices Division 1
s. 101
101. Contents of notice
(1) An infringement notice is to be in the prescribed form.
(2) An infringement notice is to --
(a) contain a description of the alleged offence;
5 (b) specify the amount of the modified penalty for the
offence; and
(c) advise the alleged offender that, if he or she does not
wish to have a complaint of the alleged offence heard
and determined by a court, that amount may be paid to
10 the secretary within 28 days after the giving of the
notice.
(3) The amount referred to in subsection (2)(b) is to be the amount
that was the prescribed modified penalty at the time when the
alleged offence is believed to have been committed.
15 102. Extension of time
(1) The Board or the secretary may, in a particular case, extend the
period of 28 days within which the modified penalty may be
paid.
(2) An extension may be granted under subsection (1) either before
20 or after the period of 28 days has elapsed.
103. Withdrawal of notice
(1) The Board or the secretary may withdraw an infringement
notice by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has been
25 withdrawn.
(2) Subsection (1) applies even if the modified penalty has been
paid.
(3) If an infringement notice is withdrawn after the modified
penalty has been paid, the amount is to be refunded.
page 53
Motor Vehicle Repairers Bill 2002
Part 10 Miscellaneous
Division 2 General
s. 104
104. Benefit of paying modified penalty
(1) This section applies if --
(a) the modified penalty specified in an infringement notice
has been paid within 28 days or such further time as is
5 allowed; and
(b) the notice has not been withdrawn.
(2) The payment prevents --
(a) the bringing of proceedings; and
(b) the imposition of penalties,
10 to the same extent that they would be prevented if the alleged
offender had been convicted by a court of, and punished for, the
alleged offence.
105. No admission implied by payment
Payment of a modified penalty is not to be regarded as an
15 admission for the purposes of any proceedings, whether civil or
criminal.
106. Application of penalties collected
An amount paid as a modified penalty is to be dealt with as if it
were imposed by a court as a penalty for an offence, unless
20 section 103(3) requires that the amount be refunded.
Division 2 -- General
107. Motor Vehicle Repair Industry Education and Research
Fund
(1) In this section --
25 "Fund" means the Motor Vehicle Repair Industry Education
and Research Fund established by subsection (2);
"prescribed percentage" means 1% or such other percentage
as may be prescribed by the regulations;
page 54
Motor Vehicle Repairers Bill 2002
Miscellaneous Part 10
General Division 2
s. 107
"purposes of the Fund" means --
(a) education or research in respect of; or
(b) any public purpose connected with,
repair work.
5 (2) There is to be an account called the Motor Vehicle Repair
Industry Education and Research Fund.
(3) The Fund --
(a) is to be administered by the Director General; and
(b) is to form part of the Trust Fund constituted under
10 section 9 of the Financial Administration and Audit
Act 1985.
(4) There are to be credited to the Fund --
(a) in respect of each year, an amount equal to the
prescribed percentage of all fees paid under
15 sections 13, 31 and 41 during that year; and
(b) any moneys borrowed under subsection (8).
(5) The Board may recommend to the Director General that moneys
standing to the credit of the Fund be applied for or towards the
purposes of the Fund.
20 (6) The Director General must give due weight to, but is not bound
to follow, a recommendation under subsection (5).
(7) Subject to subsections (5) and (6), the Director General may
apply moneys standing to the credit of the Fund for or towards
the purposes of the Fund.
25 (8) Moneys may be borrowed from the Treasurer for the purposes
of the Fund --
(a) in such amounts as the Treasurer may approve; and
(b) on such terms relating to repayment and payment of
interest as the Treasurer imposes.
page 55
Motor Vehicle Repairers Bill 2002
Part 10 Miscellaneous
Division 2 General
s. 108
(9) The Fund is charged with --
(a) interest on; and
(b) amounts required to repay,
moneys borrowed under subsection (8).
5 108. Licensee to publicise licensing information
A licensee must cause the business name shown in the business
licence and the number of the licence to appear --
(a) in a conspicuous position on the outside of every
premises authorised under section 59 in respect of the
10 licence;
(b) on every quote, invoice, statement of account, business
letter, official notice, publication, order for goods, or
receipt, issued by the licensee in the course of business;
and
15 (c) in every advertisement published by or on behalf of the
licensee.
Penalty: $1 500.
109. Prohibition of doing business with unlicensed repairers
(1) In this section --
20 "unlicensed repairer" means a person or firm that is required
to, but does not, hold a business licence for the class of
repair work concerned.
(2) A person or firm that carries on a business that consists of or
includes the carrying out of any class of repair work on a motor
25 vehicle must not --
(a) enter into an agreement for any repair work to be carried
out by a person or firm that is an unlicensed repairer; or
(b) do any act which assists, or is intended to assist, a
person or firm that is an unlicensed repairer to carry on a
page 56
Motor Vehicle Repairers Bill 2002
Miscellaneous Part 10
General Division 2
s. 110
business that consists of or includes the carrying out of
any class of repair work on a motor vehicle.
Penalty: $5 000.
(3) An insurer of a motor vehicle --
5 (a) must not --
(i) enter into an agreement; or
(ii) require the owner of the motor vehicle to enter
into an agreement,
for any repair work to be carried out on the vehicle by a
10 person or firm that is an unlicensed repairer;
(b) must not specify in a contract of insurance that any
repair work be carried out by a particular person or firm
if that person or firm is an unlicensed repairer; or
(c) must not do any act which assists, or is intended to
15 assist, a person or firm that is an unlicensed repairer to
carry on a business that consists of or includes the
carrying out of any class of repair work on a motor
vehicle.
Penalty: $5 000.
20 110. Liability of directors and officers of body corporate
(1) If --
(a) a body corporate at any time contravenes a provision of
this Act; and
(b) a person who was at that time --
25 (i) a director of the body corporate; or
(ii) an officer concerned in its management,
authorised or permitted the contravention,
that person is taken to have contravened the same provision.
(2) A person referred to in subsection (1) may be proceeded against
30 and convicted under a provision whether or not the body
page 57
Motor Vehicle Repairers Bill 2002
Part 10 Miscellaneous
Division 2 General
s. 111
corporate has been proceeded against or convicted under that
provision.
(3) A person referred to in subsection (1) may be convicted in the
proceedings in which the body corporate is convicted if --
5 (a) the complainant so requests; and
(b) the court is satisfied that the person had reasonable
notice that the complainant intended to make the
request.
111. Authorised officers may require information
10 (1) The powers in this section may be exercised by an authorised
officer for the purpose of ascertaining whether a person is
contravening, or has contravened, a provision of this Act.
(2) If under section 85(3) an authorised officer has been appointed
to assist in investigating and conciliating a dispute, the powers
15 in this section may be exercised by the officer for the purpose of
investigating the dispute while the Board is acting as conciliator
in the dispute.
(3) An authorised officer may require any person --
(a) to give the officer such information as the officer
20 requires;
(b) to answer any question put by the officer.
(4) A person is not excused from answering a question on the
ground that the answer to the question might tend to incriminate
the person, but except in the case of a body corporate --
25 (a) the answer to the question; or
(b) any information, record or thing obtained as a direct
consequence of the answer to the question,
is not admissible in evidence against the person in criminal
proceedings other than proceedings for an offence against
30 subsection (5).
page 58
Motor Vehicle Repairers Bill 2002
Miscellaneous Part 10
General Division 2
s. 112
(5) A person who, having been required under subsection (3) to
give information or to answer a question, without reasonable
excuse --
(a) fails to give the information or answer the question; or
5 (b) gives any information or answer that is false in any
particular,
commits an offence.
Penalty: $1 000.
112. Powers of entry
10 (1) An authorised officer may at any reasonable time enter any
place which the officer reasonably believes to be a place at
which a person is carrying on a business that consists of or
includes the carrying out of any class of repair work on motor
vehicles.
15 (2) An entry under subsection (1) may only be made for the purpose
of ascertaining whether a person is contravening, or has
contravened, a provision of this Act.
(3) An authorised officer who enters a place under subsection (1)
may, for a purpose mentioned in subsection (2) --
20 (a) inspect the place and any motor vehicle or other relevant
thing situated in the place;
(b) require a person to produce any record or document
under his or her control that is required to be kept under
this Act;
25 (c) examine, copy or take extracts from a record or
document so produced;
(d) require a person to provide a copy of a record or
document referred to in paragraph (b) if it is reasonably
practicable for the person to do so; and
30 (e) require a person to give any relevant information,
including by way of answers to questions.
page 59
Motor Vehicle Repairers Bill 2002
Part 10 Miscellaneous
Division 2 General
s. 113
(4) An authorised officer who enters a place under subsection (1)
may be accompanied and assisted by other persons.
113. Offences relating to powers of entry
(1) A person must not without reasonable excuse --
5 (a) obstruct or hinder an authorised officer in the exercise of
his or her powers under section 112 or a person
accompanying such an officer; or
(b) fail to comply with a requirement made under
section 112(3).
10 Penalty: $5 000.
(2) A person must not give information in response to a
requirement made under section 112(3)(e) that he or she knows
to be --
(a) false or misleading in a material particular; or
15 (b) likely to deceive in a material way.
Penalty: $5 000.
(3) It is not a reasonable excuse as mentioned in subsection (1) for a
person to refuse to give information, answer a question or
produce a document or record on the grounds that the
20 information, answer, document or record might tend to
incriminate the person or make him or her liable to a penalty.
(4) Despite subsection (3), an answer given or a statement made for
the purposes of section 112(3)(e) is not, except in proceedings
under this section, admissible in evidence in any civil or
25 criminal proceedings against the person who gave the answer or
made the statement.
114. Regulations
(1) The Governor may make regulations prescribing all matters
that --
30 (a) are required or permitted to be prescribed; or
page 60
Motor Vehicle Repairers Bill 2002
Miscellaneous Part 10
General Division 2
s. 115
(b) are necessary or convenient to be prescribed,
for giving effect to the purposes of this Act.
(2) Without limiting subsection (1), the regulations may make
provision for or in relation to --
5 (a) the manner and form in which licensees are to quote for
repair work;
(b) the manner and form in which repair work is to be
authorised by the owner of a motor vehicle;
(c) advertising by licensees;
10 (d) the records and documents that are to be kept by
licensees;
(e) the display of business licences and certificates; and
(f) the conduct of licensees and their employees and agents
in respect of the business to which the business licence
15 applies.
(3) Without limiting subsection (1), the regulations may --
(a) create offences; and
(b) provide for a penalty not exceeding $2 000 for the
commission of an offence.
20 115. Transitional provisions
Schedule 3 has effect to make transitional provisions.
116. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
25 expiry of 5 years from its commencement.
(2) In the course of that review the Minister is to consider and have
regard to --
(a) the effectiveness of the operations of the Board for the
purposes of this Act;
page 61
Motor Vehicle Repairers Bill 2002
Part 10 Miscellaneous
Division 2 General
s. 116
(b) the need for the continuation of the functions of the
Board for the purposes of this Act; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
5 (3) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause it
to be laid before each House of Parliament.
page 62
Motor Vehicle Repairers Bill 2002
Consequential amendment Part 11
s. 117
Part 11 -- Consequential amendment
117. Travel Agents Act 1985 amended
(1) The amendment in this section is to the Travel Agents
Act 1985*.
5 [* Reprinted as at 22 April 1997.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 388.]
(2) The Schedule is amended by inserting after item 10 the
following item --
10 " 10A. Motor Vehicle Repairers Act 2002. ".
page 63
Motor Vehicle Repairers Bill 2002
Schedule 1 Disciplinary orders
Schedule 1 -- Disciplinary orders
[s. 68]
1. An order disqualifying a person from holding or obtaining, whether
solely or jointly --
5 (a) a business licence or certificate; or
(b) a business licence or certificate for any particular class of
repair work,
whether or not at the time when the order is made the person is the
holder of a business licence or certificate.
10 2. An order disqualifying a person from being concerned in the
management or conduct of a body corporate that is the holder, or a
joint holder, of a business licence, whether or not at the time when the
order is made the person is so concerned.
3. Subject to Schedule 2 clause 2, an order that a person pay a penalty
15 not exceeding --
(a) $1 500 in the case of a person who is or was the holder of a
certificate; or
(b) $5 000 in the case of a person who is or was a licensee or one
of joint licensees.
20 4. An order --
(a) attaching conditions or restrictions to a business licence or
certificate; or
(b) amending a condition or restriction attached to a business
licence or certificate.
25 5. An order reprimanding or cautioning a person.
page 64
Motor Vehicle Repairers Bill 2002
Further provisions in respect of disciplinary orders Schedule 2
Schedule 2 -- Further provisions in respect of
disciplinary orders
[s. 68]
1. Duration of orders
5 An order under Schedule 1 item 1 or 2 may be made to have effect --
(a) for a period specified in the order; or
(b) until a further order is made by the Board.
2. Limitation on monetary penalty
(1) The powers described in Schedule 1 item 3 and the powers of a court
10 to impose a penalty for an offence against this Act must not both be
exercised in respect of an act, omission or conduct of a person that is
substantially the same.
(2) A penalty that exceeds the relevant maximum fine cannot be imposed
under the powers described in Schedule 1 item 3.
15 (3) In subclause (2) --
"relevant maximum fine" means, if the penalty is to be imposed in
respect of an act, omission or conduct that constitutes an offence
against this Act, the maximum fine that could be imposed by a
court for that offence.
20 3. Recovery of penalties
(1) An amount payable by a person under an order referred to in
Schedule 1 item 3 may be recovered by the Director General as a debt
in a court of competent jurisdiction to the extent that it remains unpaid
after any time specified by the Board for payment.
25 (2) If an amount referred to in subclause (1) has not been paid by a person
after any time specified by the Board for payment, the Board may --
(a) treat the non-payment as an omission to which
section 68(1)(b) applies; and
(b) make an order described in Schedule 1 item 1 or 2 against the
30 person in respect of that omission.
page 65
Motor Vehicle Repairers Bill 2002
Schedule 3 Transitional provisions
Schedule 3 -- Transitional provisions
[s. 115]
1. Existing repair businesses
(1) This clause applies to a person or firm if --
5 (a) immediately before the commencement of section 9 the
person or firm was carrying on a business that consisted of, or
included, the carrying out of any class of repair work on
motor vehicles; and
(b) after that commencement that class of repair work is
10 prescribed by the regulations under section 5(3) for the
purposes of Part 2.
(2) A person or firm that --
(a) comes within subclause (1); and
(b) carries on business after the commencement of section 9 that
15 involves any class of repair work referred to in
subclause (1)(b),
is to be treated, during the transition period, as if he, she or they were
the holder or holders of a business licence for that class of repair
work.
20 (3) The transition period for a person or firm, in relation to any class of
repair work, is from the commencement of section 9 --
(a) until the expiry of 12 months after that commencement;
(b) until a business licence is granted to the person or firm for
that class of repair work; or
25 (c) until the grant of a business licence to the person or firm for
that class of repair work has been refused and either --
(i) the time for appeal against the refusal under
section 75 has expired without an appeal being
brought; or
30 (ii) an appeal has been brought but has been
unsuccessful,
whichever happens first.
page 66
Motor Vehicle Repairers Bill 2002
Transitional provisions Schedule 3
(4) For the purposes of subclause (3)(c) an appeal against a refusal is
unsuccessful if --
(a) it results in the refusal being confirmed; or
(b) it is withdrawn, discontinued or dismissed for want of
5 prosecution.
2. Existing repairers
(1) Despite section 39 but subject to subclauses (2) and (3), a person or
any member of a firm referred to in section 39(1) may, until the
expiry of 12 months after the commencement of section 39 --
10 (a) personally carry out any class of repair work on a motor
vehicle in connection with the business without holding a
certificate for that class of repair work; or
(b) permit another person to carry out any class of repair work on
a motor vehicle without the other person holding a certificate
15 for that class of repair work.
(2) A person is not authorised by subclause (1)(a) to carry out any repair
work if --
(a) he or she has been refused a repairer's certificate, and is not
granted a provisional repairer's certificate, for that class of
20 repair work; and
(b) either --
(i) the time for appeal against the refusal under
section 75 has expired without an appeal being
brought; or
25 (ii) an appeal has been brought but has been unsuccessful.
(3) Another person cannot be permitted to carry out any repair work as
mentioned in subclause (1)(b) if --
(a) the person has been refused a repairer's certificate, and is not
granted a provisional repairer's certificate, for that class of
30 repair work; and
(b) either --
(i) the time for appeal against the refusal under
section 75 has expired without an appeal being
brought; or
page 67
Motor Vehicle Repairers Bill 2002
Schedule 3 Transitional provisions
(ii) an appeal has been brought but has been
unsuccessful.
(4) For the purposes of subclauses (2)(b) and (3)(b) an appeal against a
refusal is unsuccessful if --
5 (a) it results in the refusal being confirmed; or
(b) it is withdrawn, discontinued or dismissed for want of
prosecution.
3. Regulations for transitional matters
(1) The regulations may make provision for any transitional matter for
10 which there is no sufficient provision in this Schedule.
(2) If in the opinion of the Minister an anomaly arises in the carrying out
of any provision of this Schedule, the regulations may --
(a) modify that provision to remove the anomaly; and
(b) make such provision as is necessary or expedient to carry out
15 the intention of that provision.
(3) Regulations may be made for the purposes of this clause to have
effect from the commencement of this Act.
(4) To the extent that a provision of any such regulation has effect on a
day that is earlier than the day of its publication in the Gazette, the
20 provision does not operate so as --
(a) to affect, in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of
publication; or
(b) to impose liabilities on any person (other than the State) in
25 respect of anything done or omitted to be done before the day
of publication.
(5) In subclause (1) --
"transitional matter" means a matter or thing necessary or
convenient to provide for the change from the written law, as in
30 force before the commencement of this Act, to the written law as
in force after that commencement.
page 68
Motor Vehicle Repairers Bill 2002
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
affected person ...........................................................................................73(1)
amount paid ...............................................................................................95(1)
approved ..................................................................................................... 3(1)
authorised officer ...................................................................................3(1), 97
Board.......................................................................................................... 3(1)
business licence........................................................................................... 3(1)
certificate .................................................................................................... 3(1)
Commissioner ............................................................................................. 3(1)
Compensation Fund........................................................................................ 89
Court............................................................................................... 75(1), 76(1)
Department ................................................................................................. 3(1)
Director General.......................................................................................... 3(1)
Fund ........................................................................................................107(1)
inquiry ........................................................................................................ 3(1)
insolvent ........................................................................................................ 89
licensee ..................................................................................................3(1), 83
mobile premises ............................................................................................. 56
motor vehicle .............................................................................................. 3(1)
owner....................................................................................................... 83, 89
person to whom this Part applies..................................................................... 65
premises......................................................................................................... 56
prescribed....................................................................................................... 97
prescribed offence .......................................................................................... 97
prescribed percentage .....................................................................90(1), 107(1)
provisional repairer's certificate................................................................... 3(1)
purposes of the Fund ................................................................................107(1)
regulations .................................................................................................. 3(1)
relevant maximum fine................................................................ Sch. 2, cl. 2(3)
relevant offence..........................................................................................69(1)
relevant person ................................................................................ 18(3), 20(3)
repair work.................................................................................................. 3(1)
repairer's certificate..................................................................................... 3(1)
secretary...................................................................................................... 3(1)
sufficient resources......................................................................................... 12
transitional matter........................................................................ Sch. 3, cl. 3(5)
unlicensed repairer ...................................................................................109(1)
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