New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 39

39 Motor Dealers Compensation Fund

(1) The Director-General is to cause to be established and maintained in the accounting records of the Department of Fair Trading a fund, to be called the Motor Dealers Compensation Fund.

(2) There shall be paid into the Fund:

(a) such proportion of the fees paid under this Act or the regulations by holders of dealers’ licences and holders of car market operators’ licences and by applicants for those licences as is determined in accordance with subsection (3), and

(aa) any money paid or recovered under section 20E (1A), and

(b) any money recovered by the Director-General in the exercise of any rights, or the pursuit of any remedies, to which the Director-General is subrogated under section 41 or which the Director-General may take under section 41A.

(3) All fees paid under this Act or the regulations by holders of dealers’ licences and holders of car market operators’ licences and by applicants for those licences shall be distributed between the Fund and the Consolidated Fund in the prescribed proportions.

(4) Subject to section 42, there is to be paid out of the Fund:

(a) the amount of any loss that is certified by the Director-General under section 40, and

(b) the amount of the costs of administering the Fund, as certified by the Director-General, and

(c) any other amount that is authorised to be paid out of the Fund by this Act or the regulations.