New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 47

47 Undertakings by repairer

(1) If it appears to the Authority that a repairer has, in the course of business, repeatedly engaged in unjust conduct, the Authority may, with the consent of the Minister:

(a) request the repairer to execute a deed in terms approved by the Authority under which the repairer gives undertakings as to:

(i) the discontinuance of the unjust conduct, and

(ii) the repairer’s future conduct, and

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

(b) apply to the Tribunal under section 49.

(2) If the Authority makes a request or application under this section, it is presumed, unless the contrary is proved, that the Authority does so with the consent of the Minister.

(3) The following action may not be taken against a repairer, in respect of conduct the subject of undertakings in a deed approved under this section, if the repairer observes the undertakings:

(a) action under Part 4,

(b) an application for an order under section 49.

(4) A repairer who executes a deed under this Part must observe the undertakings given by the repairer in the deed.

Maximum penalty: 20 penalty units.

(5) A prosecution for an offence under subsection (4) may be instituted only by the Authority with the leave of the Tribunal given when making an order under section 49 (2).