New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"Authority" means the Motor Vehicle Repair Industry Authority constituted under section 7.
"certificate" means tradesperson’s certificate.
"certification work" means work relating to the issue of a certificate of compliance under Part 2AA of the Road Transport (Vehicle Registration) Act 1997 .
"Chairperson" means the person appointed and holding office as Chairperson of the Authority.
"commercial vehicle owner" means a person who, for the purposes of any business carried on by the person, uses a motor vehicle for the carriage of passengers or goods.
"Contingency Fund" means the Motor Vehicle Repair Industry Contingency Fund established under section 60 (1) (b).
"criminal intelligence" means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012 .
"Director-General" means the Director-General of the Department of Fair Trading holding office as such under Part 2 of the Public Sector Management Act 1988 .
"Education and Research Fund" means the Motor Vehicle Repair Industry Education and Research Fund established under section 60 (1) (c).
"exempted person", when used in or in relation to any provision of this Act, means a person, or a person belonging to a class of person, exempted from the operation of that provision under section 5.
"functions" includes powers, authorities and duties.
"General Fund" means the Motor Vehicle Repair Industry General Fund established under section 60 (1) (a).
"General Manager" means the General Manager of the Authority.
"holder" means:

(a) in relation to a joint licence, each person to whom the licence is granted, or

(b) in relation to any other licence or to a certificate, the person to whom the licence or certificate is granted.

"individual" means a person other than a corporation.
"inspector" means:

(a) a person:

(i) who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions, or

(ii) whose services the Authority has arranged to make use of,

and who is appointed by the Authority as an inspector for the purposes of this Act, or

(b) an investigator appointed under section 18 of the Fair Trading Act 1987 .

"joint application" means an application made pursuant to section 16 (2) for the grant of a joint licence.
"joint licence" means a licence granted pursuant to section 17B (3).
"licence" means a licence granted under section 17B.
"motor vehicle" means any motor car, motor carriage, motor cycle or other vehicle propelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer, but does not include:

(a) a vehicle used on a railway or tramway,

(b) any vehicle which is constructed or adapted otherwise than for the carriage of passengers or goods over public roads, or

(c) anything prescribed for the purposes of this definition.

"provisional tradesperson’s certificate" means a tradesperson’s certificate which is designated as a provisional tradesperson’s certificate under section 25.
"regulations" means regulations made under this Act.
"repair" includes examine, detect faults in, adjust, carry out maintenance on, overhaul, replace, alter and paint.
"repair work" means work of a class or classes prescribed by the regulations for the purposes of this definition.
"repairer" means a person who carries on the business of repairing motor vehicles, but does not include:

(a) a person who does repair work only on motor vehicles owned or used by the person, or

(b) a person who does repair work on motor vehicles only in the course of his or her employment with another person.

"tradesperson’s certificate" means a tradesperson’s certificate granted under section 24, and includes a provisional tradesperson’s certificate.
"Tribunal" means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001 .

(2) A reference in this Act to the business of a repairer does not include any part of that business:

(a) in which the repairs done do not include any repair work as defined in subsection (1), or

(b) which is a business in respect of which a person is required to hold a licence under the Motor Dealers Act 1974 .

(3) A reference in this Act to the performance of a function includes, where the function is a power or authority, the exercise of that power or authority.

(4) Notes included in this Act do not form part of this Act.