Western Australian Current Acts

MOTOR VEHICLE REPAIRERS ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used in this Act
            
   4.      Limitation on imposition of penalties for offences
            
   5.      Repair work, prescription of
            
   6.      Exemptions
            
   7.      Powers of investigation
            
   8.      Authorised officers

   PART 2 -- Licensing of motor vehicle repair businesses

           Division 1 -- Repair businesses to be licensed  

   9.      Licensing requirement
            
   10.     Exceptions to section
            
   11.      Advertising

           Division 2 -- Application for and grant of business licence  

   12.     Term used: sufficient resources
            
   13.     Application requirements
            
   14.     Notification of changes to information provided
            
   15.     Application by individual
            
   16.     Grant of business licence to individual
            
   17.     Application by firm
            
   18.     Grant of business licence to firm
            
   19.     Application by body corporate
            
   20.     Grant of business licence to body corporate
            
   22.     Business licence not to be granted if applicant or other person disqualified
            
   23.     Grounds for refusing a business licence
            
   24.     Form of business licence
            
   25.     Duplicate business licence
            
   26.     Business licence not transferable

           Division 3 -- Business licence conditions and requirements  

   27.     Conditions may be imposed
            
   28.     Regulations may prescribe conditions and restrictions
            
   29.     Regulations may require licensees to be insured

           Division 4 -- Duration and renewal  

   30.     Duration of business licence
            
   31.     Application for renewal of business licence
            
   32.     Grounds for refusing to renew business licence

           Division 5 -- Changes in firm and management of business  

   33.     Loss of member etc., notice to be given
            
   34.     New member in licensed firm
            
   35.     New person in management of corporate member of licensed firm
            
   36.     New person in management of licensed body corporate
            
   37.     Business licence ceases if changes not approved
            
   38.     Offence to make management changes without applying for approval

   PART 3 -- Certification of individuals performing repair work

           Division 1 -- Requirement for certification  

   39.     Individuals carrying out repair work to hold certificate
            
   40.     Falsely holding out

           Division 2 -- Certification provisions  

   41.     Application
            
   42.     Grant of repairer’s certificate
            
   43.     Conditions may be attached
            
   44.     Provisional repairer’s certificate
            
   45.     Form of certificate
            
   46.     Duration of certificate
            
   47.     Return of expired provisional certificate
            
   48.     Change of address to be notified by certificate holder

   PART 4 -- Provisions applicable to business licences and to certificates  

   49.     False or misleading information
            
   50.     Registers
            
   51.     Inspection of register
            
   52.     Certification of matters in the register
            
   53.     Surrender of business licence or certificate
            
   54.     Certified copy of business licence or certificate
            
   55.     Production of business licence or certificate

   PART 5 -- Restrictions on use of premises by licensees  

   56.     Terms used in this Part
            
   57.     Only authorised premises to be used
            
   58.     Business licence applications to specify premises
            
   59.     Authorisation of premises
            
   60.     Authorisation of premises does not affect planning laws
            
   61.     Changes in authorised premises
            
   62.     Revocation of authorisation of premises
            
   63.     Certificate relating to premises to be displayed
            
   64.     Return of certificate

   PART 6 -- Disciplinary powers  

   65.     Application of Part
            
   66.     Commissioner may make allegations to SAT regarding disciplinary orders
            
   68.     Making of disciplinary orders under Schedule
            
   69.     Notification of a person’s conviction
            
   70.     Cancellation of business licence on certain grounds
            
   71.     Return of business licence or certificate
            
   72.     Certain offences relating to disqualification

   PART 7 -- Reviews  

   73.     Notice of decision to person affected
            
   75.     Reviews by State Administrative Tribunal of Commissioner’s decisions and orders
            
   76.     Transitional

   PART 8 -- Conciliation of certain disputes  

   83.     Terms used in this Part
            
   84.     Disputes to which this Part applies
            
   85.     Conciliation at request of owner
            
   86.     Conciliation function
            
   87.     Examination of vehicle
            
   88.     Offences relating to conciliation

   PART 9 -- Claims for losses in connection with repair work  

   89.     Terms used in this Part
            
   90.     Motor Vehicle Repair Industry Compensation Account
            
   91.     Losses to which this Part applies
            
   92.     Claims for losses
            
   93.     How claim to be determined
            
   94.     No proceedings to be brought
            
   95.     Subrogation where claim allowed
            
   96.     Recovery from directors of body corporate

   PART 10 -- Miscellaneous

           Division 1 -- Infringement notices  

   97.     Terms used in this Division
            
   98.     Prescribed offences
            
   99.     Modified penalties
            
   100.    Giving of notice
            
   101.    Contents of notice
            
   102.    Extension of time
            
   103.    Withdrawal of notice
            
   104.    Benefit of paying modified penalty
            
   105.    No admission implied by payment
            
   106.    Application of penalties collected

           Division 2 -- General  

   107.    Motor Vehicle Repair Industry Education and Research Account
            
   108.    Licensee to publicise licensing information
            
   109.    Prohibition of doing business with unlicensed repairers
            
   110.    Liability of directors and officers of body corporate
            
   111.    Confidentiality of information officially obtained
            
   114.    Regulations

   PART 11 -- Transitional provisions  

   120.    Terms used
            
   121.    Unfinished proceedings by the former Board
            
   122.    Powers in relation to transitional matters
           SCHEDULE 1 -- Disciplinary orders
           SCHEDULE 2 -- Further provisions in respect of disciplinary orders