New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 20J

20J Undertakings by dealer

(1) Where it appears to the Director-General that a dealer has, in the course of business, repeatedly engaged in unjust conduct, the Director-General may, with the consent of the Minister:

(a) request the dealer to execute a deed in terms approved by the Director-General whereby the dealer gives undertakings as to:

(i) the discontinuance of the unjust conduct,

(ii) the dealer’s future conduct, and

(iii) the action the dealer will take to rectify the consequences of the dealer’s unjust conduct, or

(b) apply to the Tribunal for an order under section 20L (1).

(2) Where the Director-General makes a request or application under subsection (1), it shall be presumed, unless the contrary is proved, that the Director-General does so with the consent of the Minister.

(3) Where a dealer executes a deed under subsection (1) (a) and observes the undertakings given in the deed:

(a) a notice may not be served under section 20D or any thing done under section 20E, and

(b) the Director-General may not apply for an order under section 20L (1),

by reason of any conduct to which the undertakings relate.