New South Wales Consolidated Regulations

MOTOR DEALERS REGULATION 2004

- Made under the Motor Dealers Act 1974
- As at 31 August 2009
- Reg 599 of 2004

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Definition of “auto-dismantler”: section 4
   5.      Definition of “commercial vehicle”: section 4
   6.      Definition of “financier”: section 4
   7.      Definition of “motor vehicle parts reconstructor”: section 4

   PART 2 - LICENSING

   8.      Duration of approval preceding grant of licence: section 13
   9.      Licensees to display licence numbers
   10.     Register of Undertakings: section 20K

   PART 3 - MOTOR VEHICLE REGISTERS

           Division 1 - General

   11.     Form of register
   12.     Registers kept in writing
   13.     Registers kept by means of data processing equipment
   14.     Completion of registers
   15.     Retention of registers
   16.     Car market operator’s licence: section 21
   17.     Parts and accessories subject to sections 21-21B: sections 21 and 21C

           Division 2 - Prescribed forms

   18.     Prescribed form of register: section 21

   PART 4 - MOTOR VEHICLE NOTICES

           Division 1 - General

   19.     Production of notices generally
   20.     Notices produced from books
   21.     Notices produced by means of data processing equipment
   22.     General form of notices
   23.     Completion of notices
   24.     Retention of notices
   25.     Prescribed manner for affixing reports or notices

           Division 2 - Prescribed forms

   26.     Sale notice for motor vehicle sold at auction without roadworthy certificate: section 23B (2)
   27.     Sale notice for motor vehicle sold without number plates: section 23C
   28.     Sale notice for second-hand motor vehicle (other than motor cycle): section 24 (2)
   29.     Notice that motor vehicle is not for sale: section 24 (4)
   30.     Sale notice for second-hand motor cycle: section 24 (5)
   31.     Sale notice for demonstrator motor vehicle: section 24 (6)
   32.     Sale notice for damaged motor vehicle: section 24 (7)
   33.     (Repealed)
   34.     Identification of parts by auto-dismantlers: section 26A
   35.     Sale notice for exempted motor vehicle (other than motor cycle) sold without statutory warranty: section 28 (5)
   36.     Sale notice for exempted second-hand motor cycle sold without statutory warranty: section 28 (6)
   37.     Sale notice for motor vehicle at auction without statutory warranty: section 28 (7)
   38.     Sale notice for defective second-hand motor vehicle (other than motor cycle): section 29 (1)
   39.     Sale notice for defective second-hand motor cycle: section 29 (3)
   40.     Sale notice for motor vehicle sold at car market: section 29B
   41.     Cooling off periods

   PART 5 - SALES ON CONSIGNMENT

   42.     Recording of consignment
   43.     Audit of trust accounts
   44.     Disbursements from trust account: section 29F
   45.     Consignment of motor vehicle from one dealer to another

   PART 6 - CONDUCT OF BUSINESS

   46.     Particulars of managers to be provided
   47.     Certain persons not to be employed as manager
   48.     Applications for approval to employ disqualified persons
   49.     Price-related advertising
   50.     Advertising of charges
   51.     Advertising sale of motor vehicle that is damaged or defective: section 24 (7)
   52.     Representations as to availability of motor vehicle or finance
   53.     Odometer readings
   54.     Disclosures required in certain advertisements
   55.     Certain advertisements to include registration numbers
   56.     Examination of motor vehicle
   57.     Protection of interest of third party
   58.     Parts to be identified by motor vehicle parts reconstructors
   59.     Receipts for engines disposed of by motor vehicle parts reconstructors

   PART 7 - FEES

   60.     Fees
   61.     Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002

   PART 8 - MISCELLANEOUS

   62.     General provisions concerning the recording of information
   63.     Destruction of records
   64.     Prescribed amount above which motor vehicle ceases to be subject to statutory warranty: section 28
   65.     Enforcement of order rescinding sale: section 38
   66.     Claims against Motor Dealers Compensation Fund
   67.     Certificate of inspection: section 46
   68.     Prescribed offences and penalties: section 53E
   69.     Prescribed officers for certain proceedings: section 55
   70.     Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3