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.]