MOTOR DEALERS ACT 1974 - As at 1 December 2014 - Act 52 of 1974

Table of Provisions

• Long Title

PART 1 - PRELIMINARY AND INTERPRETATION

• 1 Name of Act
• 2 Commencement
3. (Repealed)
• 4 Definitions
• 5 Approved forms
6. (Repealed)
• 7 Governor may prescribe a class of business
• 8 Variation of application of Act

PART 2 - LICENCES

Division 1 - Preliminary

• 9 Offences

Division 2 - Issue of licences

• 10 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
• 11 Investigation of application
• 12 Grounds on which application to be granted or refused
• 13 Grant of approval for licence
• 14 Conditions of, and restrictions on, licence
• 15 Name under which holder of licence may operate
16. (Repealed)
• 17 Change of address of holder of licence
17A. (Repealed)
• 18 Register of holders of licences
• 19 Term of, and authority conferred by, licence
• 20 Annual fee and annual statement
• 20A Surrender of licence
• 20B Dealer's licence and car market operator's licence not to be held by same person
20C. (Repealed)

Division 3 - Disciplinary proceedings

• 20D Notices to show cause
• 20E Determination of disciplinary measures by the Director-General
• 20F Administrative reviews by Civil and Administrative Tribunal

Division 4 - Licences generally

• 20G Death of holder of licence
• 20H Endorsement of condition etc of licence

Division 5 - Unjust conduct by dealers

• 20I Interpretation
• 20J Undertakings by dealer
• 20K Register of Undertakings
• 20L Restraint of unjust conduct
• 20M Variation etc of restraining order

PART 3 - DEALERS' AND OTHER RECORDS

• 21 Holder of licence to keep register
• 21A Special requirements for dealers who acquire motor vehicles for sale on consignment
• 21B Special requirements to be complied with by dealers who demolish or dismantle motor vehicles
• 21C Certain provisions not to apply in respect of exempted persons etc
22-22E. (Repealed)
• 22EA Separate registers for each licence etc
• 22F Agent, partner or employee of licence holder may make entry in register on behalf of licence holder
22G, 22H. (Repealed)
• 23 Inspection of registers

PART 4 - DEALINGS IN MOTOR VEHICLES

• 23A Premises at which the holder of a licence may lawfully offer or display motor vehicles for sale
• 23B Sale by auction of vehicles to which number-plates are attached
• 23C Sale by auction of vehicles to which no number-plates are attached
• 24 Dealers' notices in respect of sale of second-hand motor vehicles, second-hand motor cycles and damaged new motor vehicles
25. (Repealed)
• 26 Defences
• 26A Sale of certain motor vehicles by auto-dismantlers
• 26B Wholesalers not to sell certain motor vehicles on consignment
• 27 Obligations of dealer to repair defects
• 28 Exceptions
• 29 Excluded defects
• 29A Car market operator liable for loss incurred by purchaser of encumbered vehicle in certain circumstances
• 29B Notices to be displayed on vehicles at car markets
• 29C Combination of notices under this Part
• 29CA Cooling off period
• 29CB Dealer may not dispose of trade-in during cooling off period
• 29CC Consequences of termination
• 29CD Review of cooling-off provisions

PART 4A - SALES ON CONSIGNMENT

• 29D Definitions
• 29E Dealer's trust account
• 29F Withdrawal of money from dealer's trust account
• 29G Protection of banks, building societies and credit unions from liability
• 29H Period for accounting to consignor
• 29I Audit of dealer's trust account
• 29J Special audit of dealer's trust account
• 29K Suspension, cancellation etc of dealer's licence

PART 5 - DISPUTES AND RESCISSIONS

• 30 Definitions
• 31 Disputes
• 32 Settlement of disputes
• 33 Investigation by Director-General
34-36. (Repealed)
• 37 False or misleading statements
• 38 Rescission of sale

PART 5A - ADMINISTRATION

• 38A Definitions
• 38B Power of Supreme Court to appoint an administrator in certain cases
• 38C Hearing of application for appointment of administrator
• 38D Copy of order appointing administrator to be served on holder of licence etc
• 38E Duty of administrator to administer the affairs and property of holder of licence etc
• 38F Power of administrator to prohibit withdrawal of money from bank, building society or credit union
• 38G Power of administrator to invest money
• 38H Power of administrator to require information to be given
• 38I Obstruction etc of administrator
• 38J Improper withdrawal of money etc
• 38K Application to Supreme Court for directions
• 38L Claims against property administered by administrator
• 38M Power of Supreme Court to order person to attend before Court for examination
• 38N Termination of appointment of administrator
• 38O Expenses of administrator
• 38P Claim or charge against administrator may be paid from Fund
• 38Q Power of Supreme Court to make certain orders
• 38R Reports etc by administrator

PART 6 - COMPENSATION FUND

• 39 Motor Dealers Compensation Fund
• 40 Claims against Fund
• 41 Subrogation where claim allowed
• 41A Recovery of money from directors
• 42 Deferred payments out of Fund

PART 6A - (Repealed)

PART 7 - GENERAL

• 43 Saving of rights and remedies
• 44 No waiver of rights
• 45 No indemnity for dealer
• 45A Provision of information
• 46 Certificate of inspection
• 46A Loss of or damage to vehicle being repaired under warranty
• 47 Certain misdescriptions prohibited
• 47A Odometer offences
• 47B Recovery of portion of sale price
• 48 Failure to disclose fact of being a dealer
• 49 Duty to report suspicious goods
• 50 Retention of suspicious goods
• 51 Representation by employee of dealer
• 52 Tender of documents for signature
• 52A Falsification of documents
• 53 Bribery
• 53A Powers of entry etc
• 53AA Search warrants--entry of unlicensed premises
• 53B Production of records
• 53C Extensions of time
• 53D Service of notices and documents
• 53E Penalty notices for certain offences
• 54 Liability of directors etc for offences by corporation--accessory to the commission of the offences
• 54A Penalties
• 55 Proceedings
• 55A Proceedings to which the Director-General is a party
• 55B Other orders on conviction of person
• 55C Forfeiture of motor vehicles and proceeds
• 55D Temporary restraint on disposition of property
• 56 Evidence
• 56A Evidence as to certain matters relating to licences
• 56B Evidence as to publication
• 56C Evidence as to entries in registers
• 56D Evidence of carrying on business as dealer
• 57 Regulations
• 58 Savings
• 59 Repeal of Act No 5, 1956
• 60 Savings and transitional provisions
• SCHEDULE 1
• SCHEDULE 2