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MOTOR VEHICLE DEALERS ACT 1973 - SECT 65

65 .         Regulations about transitional matters

        (1)         If there is not sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter.

        (2)         In subsection (1) —

        transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the commencement day to this Act as amended by the Acts Amendment (Fair Trading) Act 2010 .

        (3)         Regulations made under subsection (1) may provide that specific provisions of a written law —

            (a)         do not apply; or

            (b)         apply with specific modifications,

                to or in relation to any matter.

        (4)         Regulations made under subsection (1) must be made within 12 months after the commencement day.

        (5)         If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.

        (6)         In subsection (5) —

        specified means specified or described in the regulations.

        (7)         If regulations contain a provision referred to in subsection (5), the provision does not operate so as —

            (a)         to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

        [Section 65 inserted: No. 58 of 2010 s. 49.]


Notes

This is a compilation of the Motor Vehicle Dealers Act 1973 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Motor Vehicle Dealers Act 1973 1

101 of 1973

28 Dec 1973

s. 1-3 and 5-13: 15 Feb 1974 (see s. 2 and Gazette 15 Feb 1974 p. 375);
s. 14- 24, 30, 50 and 56: 5 Apr 1974 (see s. 2 and Gazette 5 Apr 1974 p. 1180);
s. 4, 25- 29, 31-39, 41- 49 and 51- 55: 12 Aug 1974 (see s. 2 and Gazette 9 Aug 1974 p. 2935)

Acts Amendment (Road Traffic) Act 1974 Pt. III

58 of 1974

3 Dec 1974

29 Aug 1975 (see s. 2 and Gazette 29 Aug 1975 p. 3085)

Motor Vehicle Dealers Act Amendment Act 1975

74 of 1975

14 Nov 1975

9 Jan 1976 (see s. 2 and Gazette 9 Jan 1976 p. 2)

Motor Vehicle Dealers Act Amendment Act 1976

66 of 1976

22 Sep 1976

22 Sep 1976

Reprint of the Motor Vehicle Dealers Act 1973 approved 14 Dec 1978 (includes amendments listed above)

Motor Vehicle Dealers Act Amendment Act 1979

49 of 1979

7 Nov 1979

1 Jan 1980 (see s. 2 and Gazette 21 Dec 1979 p. 3909)

Motor Vehicle Dealers Amendment Act 1981

87 of 1981

26 Nov 1981

Act other than s. 15 and 16: 26 Nov 1981 (see s. 2(1));
s. 15 and 16: 1 Feb 1982 (see s. 2(2) and Gazette 31 Dec 1981 p. 5364)

Acts Amendment (Traffic Board) Act 1981 Pt. III

106 of 1981

4 Dec 1981

2 Feb 1982 (see s. 2 and Gazette 2 Feb 1982 p. 393)

Motor Vehicle Dealers Amendment Act 1982

6 of 1982

6 May 1982

1 Aug 1982 (see s. 2 and Gazette 16 Jul 1982 p. 2713)

Motor Vehicle Dealers Amendment Act (No. 2) 1982

68 of 1982

6 Oct 1982

6 Oct 1982

Reprint of the Motor Vehicle Dealers Act 1973 approved 1 Feb 1983 (includes amendments listed above)

Acts Amendment (Consumer Affairs) Act 1985 Pt. V

1 of 1985

8 Mar 1985

s. 24 and 25: 6 Apr 1983 (see s. 2(1));
s. 26 and 27: 8 Mar 1985 (see s. 2(3))

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Statutes (Repeals and Minor Amendments) Act 1994 s. 4

73 of 1994

9 Dec 1994

9 Dec 1994 (see s. 2)

Business Licensing Amendment Act 1995 Pt. 7 2

56 of 1995

20 Dec 1995

1 Jan 1996 (see s. 2(3))

Industrial Relations Legislation Amendment and Repeal Act 1995 s. 68(4)

79 of 1995

16 Jan 1996

18 May 1996 (see s. 3(2) and Gazette 14 May 1996 p. 2019)

Reprint of the Motor Vehicle Dealers Act 1973 as at 14 Nov 1996 (includes amendments listed above)

Statutes (Repeals and Minor Amendments) Act 1997 s. 39(10) and 90

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 53

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Motor Vehicle Dealers Amendment Act 2002 3

4 of 2002

4 Jun 2002

s. 1 and 2: 4 Jun 2002;
Act other than s. 1 and 2: 1 Sep 2002 (see s. 2 and Gazette 13 Aug 2002 p. 4151)

Motor Vehicle Dealers Amendment Act 2003 4

73 of 2003

15 Dec 2003

s. 1 and 2: 15 Dec 2003;
Act other than s. 1, 2 and 19-21: 22 Dec 2004 (see s. 2 and Gazette 21 Dec 2004 p. 6133);
s. 19: 1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131)

Courts Legislation Amendment and Repeal Act 2004 s. 141

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 86 5

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 82

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Reprint 4: The Motor Vehicle Dealers Act 1973 as at 17 Jun 2005 (includes amendments listed above)

Limitation Legislation Amendment and Repeal Act 2005 s. 23

20 of 2005

15 Nov 2005

15 Nov 2005 (see s. 2(1))

Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15

38 of 2005

12 Dec 2005

9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)

Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 15 6

28 of 2006

26 Jun 2006

1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)

Consumer Protection Legislation Amendment and Repeal Act 2006 Pt. 7

69 of 2006

13 Dec 2006

14 Jul 2007 (see s. 2 and Gazette 13 Jul 2007 p. 3453)

Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 109

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 5: The Motor Vehicle Dealers Act 1973 as at 11 May 2007 (includes amendments listed above except those in the Consumer Protection Legislation Amendment and Repeal Act 2006 )

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 94

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

Acts Amendment (Bankruptcy) Act 2009 s. 57

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

Acts Amendment (Fair Trading) Act 2010 Pt. 4 7

58 of 2010

8 Dec 2010

s. 36: 1 Jan 2011 (see s. 2(b)(ii) and Gazette 24 Dec 2010 p. 6805);
s. 37: 1 Jan 2011 (see s. 2(c) and Gazette 24 Dec 2010 p. 6805);
Pt. 4 (other than s. 36 and 37): 1 Jul 2011 (see s. 2(c) and Gazette 7 Jun 2011 p. 2057)

Personal Property Securities (Consequential Repeals and Amendments) Act 2011 Pt. 4 Div. 7

42 of 2011

4 Oct 2011

30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011)

Reprint 6: The Motor Vehicle Dealers Act 1973 as at 6 Jan 2012 (includes amendments listed above except those in the Personal Property Securities (Consequential Repeals and Amendments) Act 2011 )

Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 35

8 of 2012

21 May 2012

27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371)

Consumer Protection Legislation Amendment Act 2014 Pt. 7

23 of 2014

9 Oct 2014

19 Nov 2014 (see s. 2(b) and Gazette 18 Nov 2014 p. 4315)

Licensing Provisions Amendment Act 2016 Pt. 6

44 of 2016

1 Dec 2016

1 Jul 2017 (see s. 2(b) and Gazette 27 Jun 2017 p. 3407)

COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 100

34 of 2020

11 Sep 2020

12 Sep 2020 (see s. 2(b))

Mutual Recognition (Western Australia) Amendment Act 2022 Pt. 3 Div. 9

7 of 2022

29 Mar 2022

1 Jul 2022 (see s. 2(b) and SL 2022/80 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Motor Vehicle Dealers Amendment Act 2003 s. 20 and 21

73 of 2003

15 Dec 2003

To be proclaimed (see s. 2)

Other notes

1         The Motor Vehicle Dealers Act 1973 s. 40 did not come into operation and was repealed by the Motor Vehicle Dealers Amendment Act 2002 s. 62.

2         The Business Licensing Amendment Act 1995 s. 38 is a transitional provision that is of no further effect.

3         The Motor Vehicle Dealers Amendment Act 2002 Pt. 7 reads as follows:


Part 7 —Transitional provisions

73.         Definition

                In this Part —

        the principal Act means the Motor Vehicle Dealers Act 1973 .

74.         Licence applications in progress

        (1)         If, before the commencement of section 6, 7 or 8 of this Act, an application for the grant or renewal of a dealer’s licence, yard manager’s licence or salesman’s licence —

            (a)         has been made; but

            (b)         has not been determined,

                the application is to be determined as if Part 2 of this Act had not been enacted.

        (2)         If, before the commencement of section 10 of this Act, an application —

            (a)         has been made by a person, by persons constituting a firm or by a body corporate for the grant or renewal of a car market operator’s licence; but

            (b)         has not been determined,

                the application is to be taken to be an application by the person, persons or body corporate to be registered as a car market operator under section 17B of the principal Act as in force after the commencement of section 10.

75.         Existing dealer’s licence

        (1)         This section applies where a person, persons constituting a firm, or a body corporate held a dealer’s licence under the principal Act ( the existing licence ) immediately before the commencement of section 6 of this Act.

        (2)         The person, the persons constituting the firm, or the body corporate is or are to be taken on that commencement to hold a dealer’s licence for each class or description of business prescribed by regulations referred to in section 5A of the principal Act.

        (3)         Subject to the principal Act, the licence referred to in subsection (2) continues in force —

            (a)         until the expiry of the period stated in the existing licence; and

            (b)         on the same terms and conditions as applied to that licence.

76.         Existing car market operator’s licence

        (1)         This section applies where a person, persons constituting a firm, or a body corporate held a car market operator’s licence under the principal Act immediately before the commencement of section 10 of this Act.

        (2)         The person, the persons constituting the firm, or the body corporate is or are to be taken on that commencement —

            (a)         to be registered as a car market operator under section 17B of the principal Act; and

            (b)         subject to the principal Act, to be so registered until the expiry of the period stated in the licence.

77.         Premises covered by existing certificate of registration

        (1)         Where immediately before the commencement of section 16 of this Act a certificate of registration is in force under section 21 of the principal Act in respect of premises at which a dealer carries on business, the premises are to be taken after that commencement to be authorised premises under the principal Act in relation to that dealer.

        (2)         Where immediately before the commencement of section 17 of this Act a certificate of registration is in force under section 21B of the principal Act in respect of premises that are provided for a car market by a car market operator, the premises are to be taken after that commencement to be authorised premises under the principal Act in relation to that car market operator.

78.         Existing grounds for disciplinary action

                The powers of the Board under section 20(1) of the principal Act inserted by section 16 of this Act may be exercised in relation to acts, omissions and conduct that occurred before or after the commencement of section 16.

79.         Time limit for prosecution of existing offences

                Section 52(4) of the principal Act applies to an offence committed before the commencement of subsection (2) of section 51 of this Act as if that subsection had not been passed.

80.         Application of Part III, Division 2

                Division 2 inserted in Part III of the principal Act by section 57 of this Act does not apply to a consignment agreement (as defined in section 32A of the principal Act) that was entered into before the commencement of section 57.

81.         Dealer’s obligation to repair

        (1)         Sections 34 to 34G inserted in the principal Act by section 59 of this Act do not apply to a second-hand vehicle that was sold before the commencement of section 59.

        (2)         Section 34 of the principal Act repealed by section 59 of this Act continues to apply, despite the repeal, to second-hand vehicles sold by a dealer before the commencement of section 59.

82.         Application of section 42A

                Section 42A of the principal Act inserted by section 63 of this Act does not apply to a contract or agreement for the sale of a vehicle that was entered into before the commencement of section 63.

83.         Further transitional provision may be made

        (1)         The Governor may make regulations —

            (a)         amending or supplementing the transitional provisions made by this Part; or

            (b)         making further transitional provisions,

                for the purpose of providing an effective and efficient transition from the principal Act as in force before the commencement of any provision of this Act to the principal Act as amended by this Act.

        (2)         Regulations under subsection (1) may have effect before the day on which they are published in the Gazette .

        (3)         To the extent that a regulation under subsection (1) has effect before the day of its publication in the Gazette , it does not —

            (a)         affect in a manner prejudicial to any person the rights of that person existing before the day of its publication; or

            (b)         impose liabilities on any person in respect of anything done or omitted to be done before the day of its publication.


4         The Motor Vehicle Dealers Amendment Act 2003 s. 25 and 26 read as follows:


25.         Transitional provision: membership of Board

                The persons who were members of the Motor Vehicle Dealers Licensing Board immediately before the commencement of section 10 cease to hold office on that commencement.

26.         Transitional provisions: change of title of Board

        (1)         This section relates to the amendment made by section 9(1) which changes the title of the body established by section 7 of the Motor Vehicle Dealers Act 1973 from the “Motor Vehicle Dealers Licensing Board” to the “Motor Vehicle Industry Board”.

        (2)         The change of title of the body does not affect —

            (a)         its corporate identity;

            (b)         any right, power, or obligation of the body;

            (c)         any proceedings in progress; or

            (d)         anything previously done by, to or in respect of the body.

        (3)         On and after the commencement of this Act a reference to the “Motor Vehicle Dealers Licensing Board” in any instrument (including any subsidiary legislation) is to be construed, unless the context otherwise requires, as if the reference had been amended to be a reference to the “Motor Vehicle Industry Board”.


5         The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

6         The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 23 has transitional provisions some of which may be relevant to this Act.

7         The amendments in the Acts Amendment (Fair Trading) Act 2010 s. 177 will not come into operation (see s. 2(b)(i)).

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)
“built date” shown on the vehicle         34F(4)
accused         52(3)
approved         5(1)
authorisation         5(1)
authorised officer         5(1)
authorised premises         5(1), 27(1a)
buying or selling         5(1)
camper van         5(4)
car hire operator         5(1)
car market         5(1)
car market operator         5(1)
cash price         5(1)
category 1 vehicle         34C(1)
category 2 vehicle         34C(1)
certificate of registration         5(1)
collateral credit agreement         41A(7)
commencement day         57
Commissioner         5(1)
compliance plate         34F(4)
consignment agreement         28(12), 32A
consignor         32A
dealer         5(1), 27(1a)
dealer’s licence         5(1)
defect         28(12)
defective         28(12)
demonstration vehicle         5(1)
Department         5(1)
designated official         55A(1)
financier         5(1)
former Board         57
grant         5(1)
hire-purchase agreement         5(1)
hold         5(1)
inspecting officer         28(12)
liability         57
licence         5(1)
model designation         5(1)
motor cycle         5(4)
other person         53(1)
owner         28(12)
passenger car         5(4)
passenger car derivative         5(4)
person aggrieved         22(2)
prescribed amount         45(4)
registered company auditor         32A
relevant maximum fine         20B(3)
relevant person         17C(4)
residual assets         63
reviewable decision         22(2)
right         57
sale         5(1)
salesperson         5(1), 27(1a)
salesperson’s licence         5(1)
second-hand vehicle         5(1a)
section         5(1)
security interest         32A
sell         5(1)
sold         5(1)
specified         65(6)
sufficient knowledge of this Act         15(6)
sufficient resources         15(6)
trade owner         5(1)
trade-in         32D(2)
transitional matter         65(2)
trust account         32A
vehicle         5(2) and (3), 34C(1)
yard manager         5(1), 27(1a)
yard manager’s licence         5(1)
year         32A
year of first registration         5(1)
year of manufacture         5(1)




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