New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 9

9 Offences

(1) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a dealer unless the person is the holder of a dealer’s licence,

(b) carry on, or advertise that the person carries on or is willing to carry on, the business of a dealer otherwise than in accordance with a dealer’s licence held by the person, or

(c) carry on the business of a dealer at any place of business unless the person is the holder of a dealer’s licence granted in respect of that place of business.

(2) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, the business of an auto-dismantler unless the person is the holder of a dealer’s licence or an auto-dismantler’s licence,

(b) carry on, or advertise that the person carries on or is willing to carry on, the business of an auto-dismantler otherwise than in accordance with a dealer’s licence or an auto-dismantler’s licence held by the person, or

(c) carry on the business of an auto-dismantler at any place of business unless the person is the holder of a dealer’s licence or an auto-dismantler’s licence granted in respect of that place of business.

(3) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a wholesaler unless the person is the holder of a dealer’s licence or a wholesaler’s licence,

(b) carry on, or advertise that the person carries on or is willing to carry on, the business of a wholesaler otherwise than in accordance with a dealer’s licence or a wholesaler’s licence held by the person, or

(c) carry on the business of a wholesaler at any place of business unless the person is the holder of a dealer’s licence or a wholesaler’s licence granted in respect of that place of business.

(4) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle parts reconstructor unless the person is the holder of a dealer’s licence or a motor vehicle parts reconstructor’s licence,

(b) carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle parts reconstructor otherwise than in accordance with a dealer’s licence or a motor vehicle parts reconstructor’s licence held by the person, or

(c) carry on the business of a motor vehicle parts reconstructor at any place of business unless the person is the holder of a dealer’s licence or a motor vehicle parts reconstructor’s licence granted in respect of that place of business.

(5) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a car market operator unless the person is the holder of a car market operator’s licence,

(b) carry on, or advertise that the person carries on or is willing to carry on, the business of a car market operator otherwise than in accordance with a car market operator’s licence held by the person, or

(c) carry on the business of a car market operator at any place of business unless the person is the holder of a car market operator’s licence granted in respect of that place of business.

(6) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle consultant unless the person is the holder of a dealer’s licence or a motor vehicle consultant’s licence,

(b) carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle consultant otherwise than in accordance with a dealer’s licence or a motor vehicle consultant’s licence held by the person, or

(c) carry on the business of a motor vehicle consultant at any place of business unless the person is the holder of a dealer’s licence or a motor vehicle consultant’s licence granted in respect of that place of business.

(7) A person (other than an exempted person) shall not:

(a) carry on, or advertise that the person carries on or is willing to carry on, a prescribed business unless the person is the holder of a dealer’s licence or the prescribed licence in relation to that business,

(b) carry on, or advertise that the person carries on or is willing to carry on, a prescribed business otherwise than in accordance with a dealer’s licence or the prescribed licence in relation to that business held by the person, or

(c) carry on a prescribed business at any place of business unless the person is the holder of a dealer’s licence or the prescribed licence in relation to that business granted in respect of that place of business.

(8) Notwithstanding subsection (1), the holder of an auto-dismantler’s licence, a wholesaler’s licence or a motor vehicle parts reconstructor’s licence who buys, sells or exchanges motor vehicles in the course of carrying on business as an auto-dismantler, wholesaler or motor vehicle parts reconstructor, as the case may be, is not required to be the holder of a dealer’s licence.

(9) A person carries on the business of a dealer, auto-dismantler, wholesaler, motor vehicle parts reconstructor, car market operator or motor vehicle consultant, or a prescribed business, if the person does so alone, as a member of a partnership or by a servant or agent.

(10) In this section, a reference to the holder of a licence includes a reference to any person with whom, pursuant to section 19 (2), the holder of the licence carries on, in partnership, the business to which the licence relates.

(11) A person who is convicted of an offence under this section is liable to a penalty not exceeding 1,000 penalty units.

(12) A person who is convicted of a second or subsequent offence under subsection (1) (a), (2) (a), (3) (a), (4) (a), (5) (a), (6) (a) or (7) (a) is liable to a penalty not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

(13) Despite subsection (1) (c), the holder of a dealer’s licence who carries on the business of a dealer at a place other than a place in respect of which the licence is granted is not guilty of an offence against this Act if the business is carried on at that place in accordance with section 23A (2).