Western Australian Current Acts

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   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.]

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