Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
PART I -- Preliminary
1. Short title
2. Commencement
5. Terms used
5A. Classes of business and categories of licence
5B. Some persons taken to be dealers
6. Investigation powers
PART II -- Licensing, registration, powers and offences
Division 2 -- Licensing and registration
15. Vehicle dealer’s licence, application for and grant of
16. Yard manager’s licence, application for and grant of
17. Salesperson’s licence, application for and grant of
17B. Car market operator, registration as
17C. Power to refuse registration under s. 17B or renewal of registration
17D. Person cannot be both registered car market operator and licensee
18. Grounds for refusing to grant or renew authorisation
18A. Conditions etc. on licences
19. Duration and renewal of authorisations
19A. Surrender of authorisation
20. Allegations Commissioner may make to SAT
20A. Orders SAT may make on s. 20(1) allegation
20B. Limitations on s. 20A(4) powers
20BA. Orders SAT may make on s. 20(2) or (3) allegation
20C. SAT may suspend authorisation in some cases
20D. Disqualified persons, offences as to
20E. Dealer’s licence, applications for to specify premises etc.
20FA. Authorisation of premises does not affect planning laws
20F. Changes in authorised premises
20G. Certificate for dealer’s authorised premises, issue and display of
20H. Special occasions, permits for
21. Dealer’s premises and advertisements to show name and number
21A. Car market operator registration, application for to specify premises etc.
21BA. Authorisation of premises does not affect planning laws
21B. Changes in authorised premises
21C. Certificate for car market operator’s premises, issue and display of
21D. Car market operator’s premises and advertisements to show name and number
22. Review of certain decisions by SAT, applying for
22A. Licence or certificate of registration to be returned if cancelled etc.
23. Changes to particulars on licence or registration, Commissioner to be notified etc.
24. Register of authorisations etc.; evidentiary provisions
Division 3 -- Record-keeping and notification of authorities
25. Register to be kept by licence holders etc.
26. Transactions in second-hand vehicles, vehicle licensing authority to be notified of
Division 4 -- Powers to inspect vehicles and order remedial work
27. Second-hand vehicles, powers of police etc. to inspect etc., where to be kept by dealers etc.
28. Defects in second-hand vehicle, powers of police etc. to order remediation of
28A. Number plates, how to be returned under s. 28(2)(b)(ii)
29. Unroadworthy vehicles, restrictions on sale of
Division 5 -- Offences: unlicensed dealing etc.
30. Unlicensed dealing etc., offences as to
31. Exemptions from this Act, powers to grant
31A. Yard managers must be licensed, offence
31B. Salespersons must be licensed, offence
31C. Unlicensed person not to be employed
31D. Car market operators must be registered and premises authorised, offence
PART III -- Dealings in second-hand vehicles
Division 1 -- Preliminary
32. Application of this Part
Division 2 -- Sales on consignment
32A. Terms used
32B. Consignment agreements, requirements for
32C. Dealer selling on consignment to have trust account
32D. Payments to trust account
32E. Withdrawals from trust account
32F. Financial institutions, liabilities and rights in relation to trust accounts
32G. Payment to consignor
32H. Dealers to keep accounts etc.
32I. Audit of trust accounts
32J. Special audit of trust account, Commissioner may order
32K. Restraining banks etc. from dealing with dealer’s account, SAT’s powers as to
32L. Deceased dealer, SAT may restrain use of trust account of etc.
32M. Discharging or varying orders under s. 32K or 32L
32N. SAT’s additional powers as to s. 32K, 32L and 32M orders; schemes for distributing funds
32O. Service of s. 32K, 32L, 32M or 32N orders
32P. Regulations about trust accounts
Division 3 -- Obligation to display particulars of vehicle
33. Particulars of second-hand vehicles, notice of to be displayed on etc.
Division 4 -- Obligation to repair certain defects
34. Dealer’s duty to repair certain defects in sold vehicles
34A. Vehicles covered by obligation to repair
34B. Defects for which dealer responsible
34C. Period after sale during which dealer responsible for defects in vehicles other than motor cycles
34D. Period after sale during which dealer responsible for defects in motor cycles
34E. Certain periods excluded for s. 34C and 34D
34F. Age of vehicle, how reckoned for s. 34A and 34C
34G. Excluding vehicles from this Division, Minister’s powers for
35. Excluded defects
Division 5 -- Disputes
36. Certain disputes between purchasers and dealers, Commissioner may intervene in
37. Disputes, Commissioner’s powers to determine etc.
37A. Enforcing s. 37 orders
37B. Determinations under s. 37, effect and review of
38. Dispute may be dealt with by Magistrates Court
PART IIIA -- Obligations of car market operators
40A. Car market operator liable for certain losses
40B. Title of and defects in second-hand vehicle, notice about to be displayed on
PART IV -- Miscellaneous
41. Undesirable practices, offence to carry out
41A. Rescission of sale, Magistrates Court may order on Commissioner’s application
41B. Demonstration vehicles, application of Act’s obligations to
42. Representation by employee of dealer, effect of
42A. Contracts etc. for sale of vehicles by dealer, form and content of
43. Value of vehicle or thing traded in
44. Documents tendered for signature to be complete
45. Acts with intent to deceive, offences as to
46. Implied conditions in some contracts etc. for sale
47. Other rights or remedies not affected by this Act
48. Rights conferred by this Act cannot be waived without official consent
49. No indemnity for dealer
49A. No indemnity for car market operator
50. Confidentiality of information officially obtained
51. Annual reports of Department, content of
52. Offences, limitation period for and court’s powers as to
53. Yard manager’s liability for offences under s. 28 and 31B by others
54. Dealer’s liability for offences by employees etc.
55. Offences by corporations
55A. Infringement notices
56. Regulations
PART V -- Miscellaneous transitional matters
57. Terms used
58. Former Board abolished
59. References to former Board
60. Immunity continues
61. Unfinished investigations by former Board
62. Unfinished proceedings by former Board
63. Winding-up by former Board
64. Final report by former Board
65. Regulations about transitional matters
Uncommenced provisions table
Other notes
Defined terms
An Act —
• to regulate dealing in motor
vehicles; and
• for related purposes.
[Long title amended: No. 73 of 2003 s. 4; No. 58 of 2010
s. 33.]