(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.]
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 |
---|
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); | |
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)); |
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)); |
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; |
Motor Vehicle Dealers Amendment Act 2003 4 |
73 of 2003 |
15 Dec 2003 |
s. 1 and 2: 15 Dec 2003; |
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); |
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) |
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) |
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)