Motor Dealers Act 1974 MOTOR DEALERS REGULATION 1999 - Made under the Motor Dealers Act 1974 - As at 16 September 2003 - Reg 491 of 1999 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 4. Notes 5. Definition of “auto-dismantler”: section 4 6. Definition of “commercial vehicle”: section 4 7. Definition of “financier”: section 4 8. Definition of “motor vehicle parts reconstructor”: section 4 PART 2 - LICENSING 9. Duration of approval preceding grant of licence: section 13 10. Licensees to display licence numbers 11. Register of Undertakings: section 20K PART 3 - MOTOR VEHICLE REGISTERS Division 1 - General 12. Form of register 13. Registers kept in writing 14. Registers kept by means of data processing equipment 15. Completion of registers 16. Retention of registers 17. Car market operator’s licence: section 21 18. Parts and accessories subject to sections 21–21B: sections 21 and 21C Division 2 - Prescribed forms 19. Prescribed form of register: section 21 PART 4 - MOTOR VEHICLE NOTICES Division 1 - General 20. Production of notices generally 21. Notices produced from books 22. Notices produced by means of data processing equipment 23. General form of notices 24. Completion of notices 25. Retention of notices 26. Prescribed manner for affixing notices Division 2 - Prescribed forms 27. Sale notice for motor vehicle sold at auction without roadworthy certificate: section 23B (2) 28. Sale notice for motor vehicle sold without number plates: section 23C 29. Sale notice for second-hand motor vehicle (other than motor cycle): section 24 (2) 30. Notice that motor vehicle is not for sale: section 24 (4) 31. Sale notice for second-hand motor cycle: section 24 (5) 32. Sale notice for demonstrator motor vehicle: section 24 (6) 33. Sale notice for damaged motor vehicle: section 24 (7) 34. Disposal notice for second-hand motor vehicle sold to trade owner: section 25 (2) 35. Identification of parts by auto-dismantlers: section 26A 36. Sale notice for exempted motor vehicle (other than motor cycle) sold without statutory warranty: section 28 (5) 37. Sale notice for exempted second-hand motor cycle sold without statutory warranty: section 28 (6) 38. Sale notice for motor vehicle at auction without statutory warranty: section 28 (7) 39. Sale notice for defective second-hand motor vehicle (other than motor cycle): section 29 (1) 40. Sale notice for defective second-hand motor cycle or demonstrator motor vehicle: section 29 (3) 41. Sale notice for motor vehicle sold at car market: section 29B 41A. 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 65A. Claims against Motor Dealers Compensation Fund 66. Certificate of inspection: section 46 67. Prescribed offences and penalties: section 53E 68. (Repealed) 69. Prescribed officers for certain proceedings: section 55 70. Repeal and savings SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 MOTOR DEALERS REGULATION 1999 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Motor Dealers Regulation 1999. MOTOR DEALERS REGULATION 1999 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 1999. MOTOR DEALERS REGULATION 1999 - REG 3 Definitions 3 Definitions (1) In this Regulation: "authorised officer", in relation to a provision of this Regulation, means any officer who is authorised in relation to that provision as referred to in section 6 of the Act. "disqualified person" means a person whom a licensee is prohibited from employing or continuing to employ by virtue of clause 47 (1). "licensed premises", in relation to a licence, means a place of business in respect of which the licence is granted. "licensee" means the holder of a licence, and includes any person who is taken by section 20G of the Act to be the holder of a licence. "major body components" means any of the following: (a) chassis and major body sections, (b) bonnets, (c) right and left front doors, (d) right and left front mudguards, (e) front and rear bumper bars, (f) front apron panels. "major car accessories" means car radio, tape or compact disk equipment. "major mechanical components" means any of the following: (a) engines and engine blocks, (b) gearboxes and transmissions. "register" means a register referred to in section 21 (1) of the Act. "registered company auditor" means a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth. "statutory warranty", in relation to a motor vehicle, means a statement that acknowledges the obligation imposed on a dealer in respect of the vehicle by section 27 of the Act. "the Act" means the Motor Dealers Act 1974. "trading day", in relation to a licensee, means a day on which the licensee carries on business under the licence. "vehicle identification number" or "VIN", in relation to a motor vehicle, means the number allocated to the vehicle in accordance with the requirements of the Australian Design Rules under the Motor Vehicles Standards Act 1989 of the Commonwealth. (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 3. MOTOR DEALERS REGULATION 1999 - REG 4 Notes 4 Notes The explanatory note and table of contents do not form part of this Regulation. MOTOR DEALERS REGULATION 1999 - REG 5 Definition of “auto-dismantler”: section 4 5 Definition of “auto-dismantler”: section 4 Major body components, major mechanical components and major car accessories are prescribed for the purposes of paragraph (c) of the definition of "auto- dismantler" in section 4 (1) of the Act. MOTOR DEALERS REGULATION 1999 - REG 6 Definition of “commercial vehicle”: section 4 6 Definition of “commercial vehicle”: section 4 For the purposes of the definition of "commercial vehicle" in section 4 (1) of the Act: (a) a motor vehicle of the kind known as a “dual-cab” or a “crew-cab” is a commercial vehicle, and (b) a four-wheel drive motor vehicle with at least 1 forward-facing rear passenger seat (not being a motor vehicle referred to in paragraph (a)) is not a commercial vehicle. MOTOR DEALERS REGULATION 1999 - REG 7 Definition of “financier”: section 4 7 Definition of “financier”: section 4 The letting of motor vehicles for periods exceeding 3 months without an option of purchase is a prescribed purpose for the purposes of paragraph (d) of the definition of "financier" in section 4 (1) of the Act. MOTOR DEALERS REGULATION 1999 - REG 8 Definition of “motor vehicle parts reconstructor”: section 4 8 Definition of “motor vehicle parts reconstructor”: section 4 Major mechanical components are prescribed for the purposes of the definition of "motor vehicle parts reconstructor" in section 4 (1) of the Act. MOTOR DEALERS REGULATION 1999 - REG 9 Duration of approval preceding grant of licence: section 13 9 Duration of approval preceding grant of licence: section 13 For the purposes of section 13 (3) of the Act, the period for which an approval for a licence remains in force is such period (not exceeding 12 months) as is specified in the approval. MOTOR DEALERS REGULATION 1999 - REG 10 Licensees to display licence numbers 10 Licensees to display licence numbers (1) At all times while a licensee carries on, or advertises that the licensee carries on or is willing to carry on, business under the licence, the licensee must display signs, at each place of business for which the licence is granted, that comply with the requirements of this clause. Maximum penalty: 20 penalty units. (2) The requirements of this clause are as follows: (a) each sign must contain the words “licensed motor dealer”, “licensed auto-dismantler”, “licensed wholesaler”, “licensed motor vehicle parts reconstructor”, “licensed car market operator” or “licensed motor vehicle consultant”, as the case requires, (b) each sign must contain the words “licence number” followed by the number of the licence, (c) the lettering on each sign must be at least 50 millimetres in height. MOTOR DEALERS REGULATION 1999 - REG 11 Register of Undertakings: section 20K 11 Register of Undertakings: section 20K For the purposes of section 20K (2) of the Act, the following particulars are prescribed in relation to a deed executed by a dealer in accordance with section 20J (1) (a) of the Act: (a) the dealer’s name and licence number, (b) the address of the dealer’s licensed premises, (c) the date on which the deed was executed by the dealer, (d) brief particulars of the circumstances and unjust conduct that led to the execution of the deed, (e) a summary of the undertakings given by the dealer in the deed. MOTOR DEALERS REGULATION 1999 - REG 12 Form of register 12 Form of register A register may be kept in writing or by means of data processing equipment. MOTOR DEALERS REGULATION 1999 - REG 13 Registers kept in writing 13 Registers kept in writing (1) A register that is kept in writing must be kept in a series of books that comply with the following requirements: (a) each book must consist of pages permanently bound together, (b) each book must bear on its front cover a number corresponding to its number in the series (such as, Book 1, Book 2 and so on), (c) each book must be used for the purposes of one kind of register and for no other purpose. (2) Each page in a register must be in the form prescribed for the register and must consist of white paper of a size not less than standard A4 (297 millimetres by 210 millimetres). (3) A register is not in the prescribed form unless it is clearly legible, contains no erasures and is not torn, defaced or otherwise mutilated. (4) This clause does not prohibit matter in the register from being altered by deleting particulars in such a manner (for example, by means of a line through them) as to leave them decipherable in their unaltered form. (5) In any register, each entry must be consecutively numbered and legibly printed or written in black ink. MOTOR DEALERS REGULATION 1999 - REG 14 Registers kept by means of data processing equipment 14 Registers kept by means of data processing equipment A register that is kept by means of data processing equipment must be kept by means of software that ensures that: (a) the information in the register: (i) is capable of being displayed and printed, on demand, at each place of business to which the licence relates, and (ii) is in a format that is readily intelligible when it is so displayed or printed, and (iii) includes the date on which each record in the register was made, and (b) in the event that any information in the register is amended or deleted, a record is kept: (i) of the information in the form in which it was before it was amended or deleted, and (ii) of the date of each occasion on which the information was amended or deleted. MOTOR DEALERS REGULATION 1999 - REG 15 Completion of registers 15 Completion of registers (1) A licensee who keeps a register in writing: (a) must ensure that all information that is required to be entered in the register in relation to any transaction or event is entered within one business day after the transaction or event occurs, and (b) must ensure that no information is entered in the register otherwise than by a person authorised by the licensee. Maximum penalty: 20 penalty units. (2) A licensee who keeps a register by means of data processing equipment: (a) must ensure that all information that is required to be entered in the register in relation to any transaction or event is entered within one business day after the transaction or event occurs, and (b) must ensure that no information is entered in the register otherwise than by a person authorised by the licensee, and (c) must ensure that the information in the register is backed up at intervals of no more than one week. Maximum penalty: 20 penalty units. (3) The particulars to be included in a register in response to the expression “how acquired” are the particulars of the way in which the possession of the motor vehicle, part or accessory concerned was acquired, that is, whether it was acquired by way of consignment, exchange, purchase, trade-in or otherwise (including, if otherwise, details of the method of acquisition). MOTOR DEALERS REGULATION 1999 - REG 16 Retention of registers 16 Retention of registers (1) A licensee who keeps a register (whether in writing or by means of data processing equipment): (a) must retain the register (together with all copies of records that have been printed out and verified in relation to the register) for at least 6 years after the date on which the last entry was made in it, and (b) must produce the register for inspection if required to do so by an authorised officer before the expiration of that period. Maximum penalty: 20 penalty units. (2) In the case of a register kept by means of data processing equipment, it is sufficient compliance with subclause (1) (b) if the licensee makes available to the authorised officer: (a) a computer terminal by means of which the officer can view the information contained in the register, and (b) a computer print-out of the information contained in the register. MOTOR DEALERS REGULATION 1999 - REG 17 Car market operator’s licence: section 21 17 Car market operator’s licence: section 21 For the purposes of section 21 (8) of the Act: (a) a car market operator’s licence is a prescribed licence, and (b) the offering or displaying for sale of a motor vehicle at the car market operator’s licensed premises is a prescribed transaction. MOTOR DEALERS REGULATION 1999 - REG 18 Parts and accessories subject to sections 21–21B: sections 21 and 21C 18 Parts and accessories subject to sections 21–21B: sections 21 and 21C (1) Major body components, major mechanical components and major car accessories are prescribed for the purposes of: (a) section 21 (4) (a) of the Act, and (b) section 21C (c) of the Act (but in relation only to auto-dismantlers). (2) Major mechanical components are prescribed for the purposes of: (a) section 21 (6) (a) of the Act, and (b) section 21C (c) of the Act (but in relation only to motor vehicle parts reconstructors). MOTOR DEALERS REGULATION 1999 - REG 19 Prescribed form of register: section 21 19 Prescribed form of register: section 21 (1) The prescribed form for a register kept in writing is as follows: (a) Form 1, in the case of a register referred to in section 21 (3) of the Act that is kept by the holder of a dealer’s licence (being a register relating to motor vehicles sold on consignment), (b) Form 2, in the case of a register referred to in section 21 (3) or (5) of the Act that is kept by the holder of a dealer’s or wholesaler’s licence (other than a register relating to motor vehicles sold on consignment), (c) Form 2A, in the case of a register referred to in section 21 (4) of the Act that is kept by the holder of an auto-dismantler’s licence in relation to motor vehicles acquired by the holder of that licence, (d) Form 2B, in the case of a register referred to in section 21 (4) or (6) of the Act that is kept by the holder of an auto-dismantler’s or motor vehicle parts reconstructor’s licence in relation to parts and accessories acquired by the holder of that licence, (e) Form 18, in the case of a register referred to in section 21 (8) of the Act that is kept by the holder of a car market operator’s licence in relation to motor vehicles for which the holder of that licence guarantees the vendor’s title, (f) Form 19, in the case of a register referred to in section 21 (8) of the Act that is kept by the holder of a car market operator’s licence in relation to motor vehicles for which the holder of that licence does not guarantee the vendor’s title. (2) The prescribed form for a register kept by means of data processing equipment is any form that contains the prescribed particulars for the form prescribed for a similar register kept in writing. (3) For the purposes of the various provisions of section 21 of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (4) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. (5) The following abbreviations may be used in a register to describe the following parts and accessories, namely, “E” for engine, “CH” for chassis, “MBS” for major body section, “T/G” for transmission or gearbox, “GR” for right front mudguard, “GL” for left front mudguard, “DR” for right front door, “DL” for left front door, “BON” for bonnet, “APR” for front apron panel, “BUF” for front bumper bar and “BUR” for rear bumper bar. MOTOR DEALERS REGULATION 1999 - REG 20 Production of notices generally 20 Production of notices generally All notices required by Part 4 of the Act are to be produced from a book of such notices or by means of data processing equipment. MOTOR DEALERS REGULATION 1999 - REG 21 Notices produced from books 21 Notices produced from books A notice that is produced from a book of such notices must be taken from a series of books that comply with the following requirements: (a) each book must include an original and 2 copies of each notice contained in it, where the originals of each notice are permanently bound together, (b) each book must bear on its front cover a number corresponding to its number in the series (such as, Book 1, Book 2 and so on), (c) each book must be used for the purposes of one kind of notice and for no other purpose. MOTOR DEALERS REGULATION 1999 - REG 22 Notices produced by means of data processing equipment 22 Notices produced by means of data processing equipment A notice that is produced by means of data processing equipment must be produced by means of software that ensures that information concerning each notice that is produced: (a) is in a format: (i) that is capable of being displayed and printed, on demand, at each place of business to which the licence relates, and (ii) that is readily intelligible when it is so displayed or printed, and (b) is not capable of being amended or deleted, so that any change in the information in the notice has to be effected by creating a new notice, and (c) includes the date on which each notice was produced. MOTOR DEALERS REGULATION 1999 - REG 23 General form of notices 23 General form of notices (1) Each notice must be in the form prescribed for the notice and must consist of white paper of a size not less than standard A4 (297 millimetres by 210 millimetres). (2) A notice is not in the prescribed form unless it is clearly legible, contains no alterations or erasures and is not torn, defaced or otherwise mutilated. (3) In any notice under Part 4 of the Act: (a) any matter (other than the prescribed particulars inserted in the notice) must be legibly printed in figures and letters of at least 2 mm in height, and (b) the prescribed particulars inserted in the notice must be legibly printed or written in black ink. MOTOR DEALERS REGULATION 1999 - REG 24 Completion of notices 24 Completion of notices (1) A licensee who produces notices from a book of such notices: (a) must ensure that all information that is required to be entered in a notice in relation to any transaction or event is entered no later than when the transaction or event occurs, and (b) must ensure that no information is entered in a notice otherwise than by a person authorised by the licensee, and (c) in relation to any notice issued to the purchaser of a motor vehicle, must ensure that a true copy of the original notice is signed by the purchaser at the time the vehicle is sold to the purchaser. Maximum penalty: 20 penalty units. (2) A licensee who produces notices by means of data processing equipment: (a) must ensure that all information that is required to be entered in a notice in relation to any transaction or event is entered no later than when the transaction or event occurs, and (b) must ensure that no information is entered in a notice otherwise than by a person authorised by the licensee, and (c) in relation to any notice issued to the purchaser of a motor vehicle, must ensure that the original copy of the notice is signed by the purchaser at the time the vehicle is sold to the purchaser, and (d) must ensure that the information as to all notices so produced is backed up at intervals of no more than one week. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 25 Retention of notices 25 Retention of notices A licensee who produces notices (whether from books of such notices or by means of data processing equipment): (a) must retain copies of each notice for the period of 2 years following the sale of the motor vehicle to which the notice relates, and (b) in the case of notices produced by means of data processing equipment, must keep the copies of those notices together in sequence in a loose-leaf folder, and (c) if required to do so by an authorised officer before the expiration of that period, must produce the copies of those notices for inspection by the officer. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 26 Prescribed manner for affixing notices 26 Prescribed manner for affixing notices For the purposes of sections 23B (1), 24 (2), 24 (4), 28 (5), 28 (7), 29 (1) and 29B of the Act, a notice is attached to a motor vehicle in the prescribed manner: (a) if it is firmly attached to: (i) the inside surface of the windscreen, or (ii) an internal sun visor, or (iii) the inside surface of the window of the left hand front door, or, if that is not practicable, to some other part of the vehicle, and (b) it is clearly visible to any person standing outside the vehicle. MOTOR DEALERS REGULATION 1999 - REG 27 Sale notice for motor vehicle sold at auction without roadworthy certificate: section 23B (2) 27 Sale notice for motor vehicle sold at auction without roadworthy certificate: section 23B (2) (1) For the purposes of section 23B (2) (a) of the Act, Form 9 is the prescribed form where the sale of a motor vehicle does not attract the statutory warranty. (2) For the purposes of section 23B (2) (a) of the Act, the prescribed manner for displaying a notice at a place where a motor vehicle is offered or displayed for sale by auction is by prominently exhibiting the notice: (a) in front of or immediately adjacent to the point from which the auctioneer will conduct the auction, and (b) at each entrance to that place, and (c) at each entrance to the place at which the vehicle is parked, so that the wording of the notice is clearly visible to the persons who are attending the auction. MOTOR DEALERS REGULATION 1999 - REG 28 Sale notice for motor vehicle sold without number plates: section 23C 28 Sale notice for motor vehicle sold without number plates: section 23C For the purposes of section 23C (1) (b) of the Act, the prescribed form of declaration for display with a motor vehicle to which no number-plate is attached is a declaration by the owner of the vehicle accounting for: (a) the absence of any number-plate, and (b) the unavailability of a certificate or receipt (as to the surrender of the number-plates) referred to in section 23C (1) (a) of the Act. MOTOR DEALERS REGULATION 1999 - REG 29 Sale notice for second-hand motor vehicle (other than motor cycle): section 24 (2) 29 Sale notice for second-hand motor vehicle (other than motor cycle): section 24 (2) (1) For the purposes of section 24 (2) of the Act: (a) Form 4 is the prescribed form where a motor vehicle is sold with a statutory warranty but without a defect notice, and (b) Form 6 is the prescribed form where a motor vehicle is sold with a statutory warranty and with a defect notice, and (c) Form 8 is the prescribed form where the sale of a motor vehicle does not attract the statutory warranty. (2) For the purposes of section 24 (2) of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (3) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. (4) For the purposes of the definition of "defect notice" in section 4 (1) of the Act, Form 6 (to the extent to which it deals with warranty exclusions for specified defects) is the prescribed form for a defect notice given in relation to a second-hand motor vehicle (other than a second-hand motor cycle) offered or displayed for sale by a dealer. MOTOR DEALERS REGULATION 1999 - REG 30 Notice that motor vehicle is not for sale: section 24 (4) 30 Notice that motor vehicle is not for sale: section 24 (4) For the purposes of section 24 (4) of the Act, Form 10 is the prescribed form for a motor vehicle that is not a motor cycle. MOTOR DEALERS REGULATION 1999 - REG 31 Sale notice for second-hand motor cycle: section 24 (5) 31 Sale notice for second-hand motor cycle: section 24 (5) (1) For the purposes of section 24 (5) of the Act: (a) Form 3 is the prescribed form where the motor cycle is not an exempted motor vehicle, and (b) Form 5 is the prescribed form where the motor cycle is not more than 5 years old, has travelled no more than 30,000 kilometres and is offered or displayed for sale with a defect notice. (2) For the purposes of the definition of "defect notice" in section 4 (1) of the Act, Form 5 (to the extent to which it deals with warranty exclusions for specified defects) is the prescribed form for a defect notice given in relation to a second-hand motor cycle sold by a dealer. (3) For the purposes of section 24 (5) of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (4) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. MOTOR DEALERS REGULATION 1999 - REG 32 Sale notice for demonstrator motor vehicle: section 24 (6) 32 Sale notice for demonstrator motor vehicle: section 24 (6) (1) For the purposes of section 24 (6) of the Act: (a) Form 11 is the prescribed form where a motor vehicle is not a motor cycle or an exempted motor vehicle and is offered or displayed for sale without a defect notice, and (b) Form 11A is the prescribed form where a motor vehicle is not a motor cycle or an exempted motor vehicle and is offered or displayed for sale with a defect notice. (2) For the purposes of the definition of "defect notice" in section 4 (1) of the Act, Form 11A (to the extent to which it deals with warranty exclusions for specified defects) is the prescribed form for a defect notice given in relation to a demonstrator motor vehicle sold by a dealer. (3) For the purposes of section 24 (6) of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (4) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. MOTOR DEALERS REGULATION 1999 - REG 33 Sale notice for damaged motor vehicle: section 24 (7) 33 Sale notice for damaged motor vehicle: section 24 (7) (1) For the purposes of section 24 (7) of the Act, the following damage is prescribed: (a) damage (not being superficial damage) occasioned to a motor vehicle by reason of it being exposed to water, (b) damage (not being superficial damage) occasioned to the body or frame of a motor vehicle and which required or requires: (i) replacement or repair of the whole or part of any panel, structural member or component of the vehicle by cutting and welding, by application of heat or by any other means, or (ii) replacement of not less than 4 major external panels (fittings excepted) fitted to the vehicle by means of bolts, screws or other mechanical fastening devices, to restore the vehicle to a reasonable condition, having regard to its age. (2) For the purposes of section 24 (7) of the Act, Form 13 is the prescribed form. (3) For the purposes of section 24 (7) of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (4) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. MOTOR DEALERS REGULATION 1999 - REG 34 Disposal notice for second-hand motor vehicle sold to trade owner: section 25 (2) 34 Disposal notice for second-hand motor vehicle sold to trade owner: section 25 (2) (1) For the purposes of section 25 (2) of the Act: (a) Form 7 is the prescribed form where a single motor vehicle is being sold, and (b) Form 7A is the prescribed form where two or more motor vehicles are being sold. (2) For the purposes of section 25 (2) of the Act, the prescribed particulars are the particulars required to be inserted to complete the relevant form. (3) If particulars for a motor vehicle are not available until the vehicle is sold, those particulars must be inserted at the time of sale. MOTOR DEALERS REGULATION 1999 - REG 35 Identification of parts by auto-dismantlers: section 26A 35 Identification of parts by auto-dismantlers: section 26A (1) For the purposes of section 26A (4) and (5) of the Act, the prescribed manner in which an auto-dismantler is required to mark a prescribed part or accessory is by copying onto the part or accessory, by means of an indelible marking substance, the entry number in the auto-dismantler’s register that relates to the part or accessory. (2) When an auto-dismantler disposes of a prescribed part or accessory to a person, the auto-dismantler must issue to the person a receipt which contains the following information: (a) the date of disposal, (b) a description of the part or accessory, (c) the entry number marked on the part or accessory, (d) in the case of an engine, or a chassis or major body section, the person’s name and address. Maximum penalty: 20 penalty units. (3) For the purposes of subclause (2), an auto-dismantler: (a) must keep a receipt book that contains receipt forms (in duplicate), with the forms consecutively numbered by mechanical or electronic means, and (b) must retain the book at the place where the auto- dismantler carries on business for a period of not less than 6 years after the last receipt in the book was issued. (4) Major body components, major mechanical components and major car accessories are prescribed for the purposes of section 26A (4) and (5) of the Act. MOTOR DEALERS REGULATION 1999 - REG 36 Sale notice for exempted motor vehicle (other than motor cycle) sold without statutory warranty: section 28 (5) 36 Sale notice for exempted motor vehicle (other than motor cycle) sold without statutory warranty: section 28 (5) For the purposes of section 28 (5) of the Act, Form 14 is the prescribed form. MOTOR DEALERS REGULATION 1999 - REG 37 Sale notice for exempted second-hand motor cycle sold without statutory warranty: section 28 (6) 37 Sale notice for exempted second-hand motor cycle sold without statutory warranty: section 28 (6) For the purposes of section 28 (6) of the Act, Form 3 is the prescribed form where the motor cycle is not an exempted motor vehicle. MOTOR DEALERS REGULATION 1999 - REG 38 Sale notice for motor vehicle at auction without statutory warranty: section 28 (7) 38 Sale notice for motor vehicle at auction without statutory warranty: section 28 (7) For the purposes of section 28 (7) of the Act, Form 9 is the prescribed form where the sale of a motor vehicle does not attract the statutory warranty. MOTOR DEALERS REGULATION 1999 - REG 39 Sale notice for defective second-hand motor vehicle (other than motor cycle): section 29 (1) 39 Sale notice for defective second-hand motor vehicle (other than motor cycle): section 29 (1) (1) For the purposes of section 29 (1) of the Act, Form 6 is the prescribed form where a motor vehicle is sold with a statutory warranty and with a defect notice. (2) For the purposes of the definition of "defect notice" in section 4 (1) of the Act, Form 6 (to the extent to which it deals with warranty exclusions for specified defects) is the prescribed form for a defect notice given in relation to a second-hand motor vehicle sold by a dealer. MOTOR DEALERS REGULATION 1999 - REG 40 Sale notice for defective second-hand motor cycle or demonstrator motor vehicle: section 29 (3) 40 Sale notice for defective second-hand motor cycle or demonstrator motor vehicle: section 29 (3) For the purposes of section 29 (3) of the Act: (a) Form 5 is the prescribed form where a motor cycle is not more than 5 years old, has travelled no more than 30,000 kilometres and is offered or displayed for sale with a defect notice, and (b) Form 11A is the prescribed form where a demonstrator motor vehicle is offered or displayed for sale with a defect notice. MOTOR DEALERS REGULATION 1999 - REG 41 Sale notice for motor vehicle sold at car market: section 29B 41 Sale notice for motor vehicle sold at car market: section 29B (1) For the purposes of section 29B of the Act: (a) Form 18 is the prescribed form where a motor vehicle is offered or displayed for sale in circumstances in which the car market operator guarantees title to the vehicle, and (b) Form 19 is the prescribed form where a motor vehicle is offered or displayed for sale in circumstances in which the car market operator does not guarantee title to the vehicle. (2) A notice in accordance with this clause for use in connection with the display of a motor vehicle at a car market may include a form of receipt to be issued by the car market operator in respect of any fee payable for the right to display the vehicle at the car market. (3) The holder of a car market operator’s licence must ensure that a motor vehicle that is offered or displayed for sale on the licensee’s premises has attached to it the notice required by section 29B of the Act. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 41A Cooling off periods 41A Cooling off periods (1) For the purposes of section 29CA (6) of the Act, Form 20 is the prescribed form. (2) The information contained in Form 20 must be displayed in a prominent position in the contract. (3) For the purposes of section 29CA (7) (a) of the Act, Form 21 is the prescribed form. (4) Form 21 may be included in a contract for the purchase of a motor vehicle. MOTOR DEALERS REGULATION 1999 - REG 42 Recording of consignment 42 Recording of consignment (1) A dealer who agrees to sell a motor vehicle on consignment: (a) must include the particulars required by this clause in the agreement for the vehicle, and (b) must keep one copy of the agreement and give a second copy to the consignor. Maximum penalty: 20 penalty units. (2) The particulars required by this clause in relation to a motor vehicle are as follows: (a) the consignor’s name and address and (if the consignor is a dealer) the consignor’s licence number, (b) the consignee’s name and address and (if the consignee is a dealer) the consignee’s licence number, (c) a description of the vehicle, including its registration number, if any, (d) particulars of any encumbrance to which the vehicle is subject or, if there is no such encumbrance, a statement to that effect, (e) the price agreed to be paid to the consignor, (f) directions for disbursement of the price agreed to be paid to the consignor, specifying: (i) any amount required to be paid to discharge any encumbrance to which the vehicle is subject, and (ii) if any balance is not to be paid to the consignor at the address specified under paragraph (a), directions for payment of that balance, (g) the date of commencement of the consignment and: (i) the date of termination of the consignment, or (ii) the period of the consignment. (3) This clause does not apply if the consignor of a motor vehicle is the owner of the vehicle and is a trade owner. MOTOR DEALERS REGULATION 1999 - REG 43 Audit of trust accounts 43 Audit of trust accounts (1) A dealer who sells motor vehicles on consignment: (a) must keep the accounting records required by this clause, and (b) must retain each such record for at least 6 years after the last entry was made in it, and (c) when lodging an annual statement under section 20 (2) of the Act, must lodge with the statement a registered company auditor’s report in relation to the operation of the dealer’s trust accounts during the period to which the statement relates. Maximum penalty: 20 penalty units. (2) The accounting records required by this clause are such books and records as will enable the dealer’s trust accounts to be properly audited, including: (a) a trust receipt book containing forms of receipt, machine numbered consecutively in duplicate, and (b) a trust bank, building society or credit union deposit book containing forms in duplicate, and (c) a trust account cash book. (3) Compliance with subclause (1) (c) is not required in relation to a dealer’s trust account if: (a) no money was held in the account during the period for which (but for this subclause) a registered company auditor’s report would be required, and (b) the dealer lodges with the Director-General a statutory declaration verifying that no money was held in the account during that period. MOTOR DEALERS REGULATION 1999 - REG 44 Disbursements from trust account: section 29F 44 Disbursements from trust account: section 29F Making payments to a credit provider in accordance with the written directions of the consignor is authorised for the purposes of section 29F (1) (c) of the Act. MOTOR DEALERS REGULATION 1999 - REG 45 Consignment of motor vehicle from one dealer to another 45 Consignment of motor vehicle from one dealer to another A dealer must not accept delivery from another dealer of a motor vehicle for sale on consignment without making such reasonable inquiries as may be necessary to establish whether or not the consigning dealer is the owner of the vehicle. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 46 Particulars of managers to be provided 46 Particulars of managers to be provided If a person is employed by a licensee as a manager of a place of business to which the licence relates, the licensee must notify the Director-General in writing of the full name, date of birth and residential address of that person within 14 days of the commencement of that employment. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 47 Certain persons not to be employed as manager 47 Certain persons not to be employed as manager (1) A licensee must not employ or continue to employ any person as a manager of a place of business to which the licence relates if the licensee is notified by the Director-General, or if the licensee is aware or ought reasonably to be aware, that: (a) within the last 10 years: (i) a licence held by the person has been cancelled, or (ii) the person has been convicted of, or has served any part of a term of imprisonment for, an offence in New South Wales or elsewhere involving fraud or dishonesty, or (iii) the person, or a corporation of which the person was a director or officer, has been refused a licence on a ground or grounds related to the honesty of the person or on the ground of his or her status as a fit and proper person to be a licensee, or (b) the person is bound by a recognizance in relation to an offence in New South Wales or elsewhere relating to fraud or dishonesty, or (c) the person has a charge pending in New South Wales or elsewhere in relation to an offence involving fraud or dishonesty, or (d) the person is the holder of a suspended licence, or (e) the person is disqualified from being concerned in the direction, management or conduct of a business for the carrying on of which a licence is required. Maximum penalty: 20 penalty units. (2) It is not an offence for a licensee to commence or continue to employ a person referred to in subclause (1) (a), (b), (c) or (d) if: (a) the Director-General approves the commencement or continuation, and (b) if such an approval is given conditionally, the conditions of the approval are complied with. (3) It is not an offence for a licensee to continue to employ a person referred to in subclause (1) (a), (b), (c) or (d) in respect of whom an application for approval to continue to employ the person has been made but not determined. (4) The Director-General may, by notice in writing served on the applicant for such an approval, direct that subclause (3) does not apply to the person to whom the application relates. MOTOR DEALERS REGULATION 1999 - REG 48 Applications for approval to employ disqualified persons 48 Applications for approval to employ disqualified persons (1) An application by a licensee for approval to continue to employ a disqualified person must be made not later than the first day other than a Saturday, Sunday or public holiday that next succeeds the day on which the licensee: (a) is notified by the Director-General, or (b) ought reasonably to have become aware, that the person is a disqualified person. (2) On receiving such an application, the Director-General may, after due inquiry: (a) grant the application, either conditionally or unconditionally, or (b) refuse the application. (3) If the Director-General refuses to grant the application, the Director-General must cause notice of the refusal to be served, personally or by post, on the applicant and on the disqualified person in respect of whom the application was made. (4) Either the applicant or the disqualified person may appeal to the Administrative Decisions Tribunal against the refusal within 21 days of being so notified. (5) Section 20F of the Act applies to an appeal under subclause (4) in the same way as it applies to an appeal against a refusal of the Director-General to grant a licence. MOTOR DEALERS REGULATION 1999 - REG 49 Price-related advertising 49 Price-related advertising The holder of a dealer’s licence must not publish an advertisement that specifies or implies: (a) that a minimum trade-in allowance will be made in relation to a motor vehicle offered for sale by the licensee, or (b) that the price of a second-hand or demonstrator motor vehicle offered for sale by the licensee has been reduced: (i) by a specified amount or proportion, or (ii) from a specified amount, unless the advertisement also specifies the cash price of the vehicle, or (c) that the price of a motor vehicle (other than a second-hand or demonstrator motor vehicle) offered for sale by the licensee has been reduced: (i) by a specified amount or proportion, or (ii) from a specified amount, unless the advertisement also specifies that the reduction is related to the manufacturer’s recommended retail price. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 50 Advertising of charges 50 Advertising of charges (1) A dealer must not publish an advertisement that specifies an amount as the purchase price of a motor vehicle (other than a second- hand or demonstrator motor vehicle) in circumstances in which any dealer’s charges or statutory charges are payable in addition to the purchase price unless the advertisement also specifies: (a) that an additional amount (that must be specified in the advertisement) will be payable by way of dealer’s charges, and (b) that a further additional amount (that need not be specified in the advertisement) will be payable by way of statutory charges (to be described by means of the expression “statutory charges” or “government charges” and not by means of the expression “on road costs” or any other similar expression). Maximum penalty: 20 penalty units. (2) Subclause (1) (a) does not apply to the holder of a dealer’s licence who does not sell motor vehicles by retail or to the type of advertisement known as a “group advertisement” which refers specifically or generally to more than one dealer. (3) This clause does not apply to: (a) a crane, hoist or conveyor within the meaning of the Construction Safety Act 1912, or (b) a motor vehicle (not being a motor cycle) or a second- hand motor cycle that is of such design as to be incapable of being registered in New South Wales, or (c) a motor vehicle that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and that is not constructed on a chassis of a type normally used in the construction of a motor lorry, or (d) a motor vehicle which is constructed or adapted for road construction or maintenance (including cleansing, sweeping or watering roads), or (e) a commercial vehicle. (4) In this clause: "dealer’s charges" in relation to a motor vehicle advertised for sale by a dealer, means any amounts, other than: (a) the amount of the purchase price of the vehicle, or (b) any statutory charges relating to the vehicle, that are payable to the dealer by a purchaser of the vehicle before, or on, its delivery by the dealer. "statutory charges" in relation to a motor vehicle, means: (a) any tax or fee payable on registration, or renewal of registration, of the vehicle, or (b) any duty charged on the certificate of registration of the vehicle, or (c) any premium and duty payable in respect of a policy of insurance issued, or deemed to have been issued, under the Motor Vehicles (Third Party Insurance) Act 1942 in relation to the vehicle. MOTOR DEALERS REGULATION 1999 - REG 51 Advertising sale of motor vehicle that is damaged or defective: section 24 (7) 51 Advertising sale of motor vehicle that is damaged or defective: section 24 (7) (1) A dealer who advertises for sale a motor vehicle (not being a second-hand motor vehicle) must include in the advertisement: (a) a statement to the effect that the vehicle has been damaged, and (b) a further statement specifying whether or not the damage has been repaired. Maximum penalty: 20 penalty units. (2) A dealer who advertises for sale a motor vehicle the subject of a defect notice must include in the advertisement the words and figures “ DEFECTIVE VEHICLE—REPAIR COST $” where the repair cost must be completed to accord with the total estimated cost specified in the defect notice in relation to the repair or making good of the defects so specified. Maximum penalty: 20 penalty units. (3) A dealer must not publish an advertisement offering for sale a motor vehicle the subject of a statutory warranty if the vehicle has defects: (a) of a kind that the dealer is required to repair or make good under the warranty, and (b) of which the dealer knew, or ought to have known, at the time the dealer published the advertisement, unless the advertisement includes a statement drawing attention to the existence of defects in the vehicle. Maximum penalty: 20 penalty units. (4) The matter required by this clause to appear in an advertisement in relation to a motor vehicle must appear in writing of a size and prominence not less than that used for the price of the vehicle or (if the price does not appear) for any other matter relating to the vehicle. MOTOR DEALERS REGULATION 1999 - REG 52 Representations as to availability of motor vehicle or finance 52 Representations as to availability of motor vehicle or finance A dealer must not: (a) knowing that a motor vehicle is not for sale, represent that it is for sale, or (b) represent that the purchase of a motor vehicle may be financed in a manner that the dealer knows to be unlawful or unavailable. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 53 Odometer readings 53 Odometer readings A dealer must not: (a) publish an advertisement that specifies the reading on the odometer of a motor vehicle, or (b) during negotiations for the sale of a motor vehicle, specify the reading on the odometer of the vehicle, if the dealer knows, or has reasonable cause to know, that the reading on the odometer is a false representation of the distance travelled by the vehicle. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 54 Disclosures required in certain advertisements 54 Disclosures required in certain advertisements A licensee must not publish an advertisement (other than a radio or television advertisement) suggesting that a motor vehicle or a part of a motor vehicle is being offered or displayed for sale unless there is included in the advertisement: (a) the licensee’s name or, if the business to which the licence relates is carried on under a business name, that business name, and (b) the number of the licence, and (c) a telephone number (if any) of the place of that business. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 55 Certain advertisements to include registration numbers 55 Certain advertisements to include registration numbers A dealer must not publish an advertisement that refers to: (a) a specified motor vehicle, or (b) any specified price at which a second-hand motor vehicle may be purchased, unless the advertisement specifies the registration number of the vehicle. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 56 Examination of motor vehicle 56 Examination of motor vehicle A dealer who offers a motor vehicle for sale must facilitate any reasonable examination of the vehicle by, or on behalf of, a prospective purchaser of the vehicle. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 57 Protection of interest of third party 57 Protection of interest of third party (1) If a dealer agrees to act as agent for the sale of a second-hand motor vehicle, or to accept a motor vehicle as a trade-in, the dealer must use reasonable diligence: (a) to ascertain whether the vehicle is subject to a lease, hire-purchase agreement or mortgage, and (b) if so, to bring the sale agreement to the notice of the relevant lessor, owner or mortgagee. Maximum penalty: 20 penalty units. (2) In this clause, "mortgage" has the same meaning as it has in the Consumer Credit (New South Wales) Code. MOTOR DEALERS REGULATION 1999 - REG 58 Parts to be identified by motor vehicle parts reconstructors 58 Parts to be identified by motor vehicle parts reconstructors If: (a) a motor vehicle parts reconstructor, in or for the purpose of carrying on his or her business as such, buys or receives a major mechanical component, and (b) the part does not have an identification number stamped on it or otherwise affixed to it, the reconstructor must stamp on, or otherwise affix to, the part or accessory such figures, or figures accompanied by letters or symbols, as will serve to identify it. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 59 Receipts for engines disposed of by motor vehicle parts reconstructors 59 Receipts for engines disposed of by motor vehicle parts reconstructors (1) A motor vehicle parts reconstructor who disposes of a motor vehicle engine to a person must issue to the person a receipt (taken from a receipt book containing duplicate copies of consecutively numbered receipt forms) on which is written the following information: (a) the date of disposal, (b) a description of the engine, (c) the number marked on the engine, (d) the person’s name and address. Maximum penalty: 20 penalty units. (2) A motor vehicle parts reconstructor: (a) must retain the receipt book (together with the reconstructor’s register) for at least 6 years after the date on which the last entry was made in it, and (b) if required to do so by an authorised officer before the expiration of that period, must produce the receipt book for inspection by the officer. Maximum penalty: 20 penalty units. MOTOR DEALERS REGULATION 1999 - REG 60 Fees 60 Fees (1) The fees payable for the purposes of the Act are listed in Column 1 of Schedule 1. (2) The amount of each fee is to be calculated by adding together the various components set out in Columns 2, 3, 4 and 5 of Schedule 1 in relation to that fee. (3) An amount specified in relation to an application fee in Column 2 of Schedule 1 under the heading Processing component is taken to be a fee to cover the costs incurred by the Director-General in processing the application. Note: This amount is consequently a "processing fee" for the purposes of Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002. (4) If payment of an amount specified in relation to an annual fee in Column 2 of Schedule 1 under the heading Processing component is made by means of electronic communication (within the meaning of the Licensing and Registration (Uniform Procedures) Act 2002), the fee otherwise payable: (a) is to be reduced by $5, or (b) is to be reduced by 10 per cent, and rounded to the nearest whole dollar, whichever results in the greater reduction. (5) For the purposes of section 39 (3) of the Act, the proportions in which fees for dealers’ licences and car market operators’ licences are to be distributed between the Motor Dealers Compensation Fund and the Consolidated Fund are as set out in Column 5 of Schedule 1 (in relation to the Compensation Fund) and Columns 2, 3 and 4 of Schedule 1 (in relation to the Consolidated Fund), respectively. MOTOR DEALERS REGULATION 1999 - REG 61 Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002 61 Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002 Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 is modified in such a manner that sections 24 (2) and 25 of that Act do not apply in relation to a licence. MOTOR DEALERS REGULATION 1999 - REG 62 General provisions concerning the recording of information 62 General provisions concerning the recording of information (1) The particulars of a motor vehicle to be inserted in a form that requires the vehicle’s date of manufacture are the month and year of the vehicle’s built date or (if the vehicle does not have a built date) the month and year of the vehicle’s compliance plate date. (2) The following abbreviations may be used for the purpose of recording information in any register or receipt for the purposes of this Regulation, namely, “MD” for Dealer’s Licence, “Lic. No.” for Licence Number, “C” for consigned, “D” for dismantled, “E” for exchanged, “P” for purchased, “S” for sold, “T” for trade-in and “W” for wholesale. (3) If the particulars of a motor vehicle to be inserted in a form include the vehicle’s vehicle identification number (VIN), but the vehicle does not have such a number, the vehicle’s chassis number is to be inserted instead. (4) In this clause: "built date" in relation to a motor vehicle, means the date that, combined with the word “Built” or the words “Built Date”, appears on a metal plate affixed to the vehicle or on a sheet metal component of the vehicle. "compliance plate date", in relation to a motor vehicle, means the date that appears on a compliance plate attached to the vehicle in accordance with the requirements of clause 11 of Schedule 3 to the Road Transport (Vehicle Registration) Regulation 1998. MOTOR DEALERS REGULATION 1999 - REG 63 Destruction of records 63 Destruction of records A record required by this Act to be made or kept may be destroyed: (a) if this Regulation requires the record to be retained for a specified period, after the expiration of that period, or (b) in any other case, after the expiration of the period of 6 years that next succeeds the date of the latest entry in the record. MOTOR DEALERS REGULATION 1999 - REG 64 Prescribed amount above which motor vehicle ceases to be subject to statutory warranty: section 28 64 Prescribed amount above which motor vehicle ceases to be subject to statutory warranty: section 28 For the purposes of section 28 (3) (f) of the Act, the amount prescribed is, during each year beginning on 1 January, the amount that was, at the end of the immediately preceding year, the motor vehicle depreciation limit under section 57AF of the Income Tax Assessment Act 1936 of the Commonwealth. MOTOR DEALERS REGULATION 1999 - REG 65 Enforcement of order rescinding sale: section 38 65 Enforcement of order rescinding sale: section 38 (1) An order made under section 38 (4) of the Act for the payment of money may be enforced in a Local Court specified in the order or, if no such court is so specified, in any Local Court other than a Local Court specified in an order made under section 77 (3) of the Local Courts (Civil Claims) Act 1970. (2) An order referred to in subclause (1) is enforceable as so referred to only if there is filed with the Clerk of a Local Court in which enforcement of the order is authorised an affidavit by the person seeking to enforce the order stating: (a) that the deponent is the person in whose favour the order was made, and (b) the name and address of the person against whom the order was made, and (c) the amount remaining unpaid under the order, and (d) that all conditions subject to which the order was made and which are applicable to the deponent have been complied with. (3) If an affidavit is filed in accordance with subclause (2), Part 5 of the Local Courts (Civil Claims) Act 1970 applies to and in respect of the order to which the affidavit relates as if: (a) the order were a judgment of the Local Court in which the affidavit is filed, and (b) the amount ordered to be paid were a judgment debt referred to in that Part, and (c) the person against whom the order was made were a judgment debtor referred to in that Part, and (d) the person in whose favour the order was made were a judgment creditor referred to in that Part. MOTOR DEALERS REGULATION 1999 - REG 65A Claims against Motor Dealers Compensation Fund 65A Claims against Motor Dealers Compensation Fund For the purposes of section 40 (2) (d) of the Act, the following breaches are prescribed: (a) damage to goods consigned to a dealer while in the possession of the dealer, (b) failure by a dealer or car market operator to pay for a trade-in vehicle, (c) failure by a dealer or car market operator to supply a vehicle to a purchaser after payment in full for the vehicle has been made. MOTOR DEALERS REGULATION 1999 - REG 66 Certificate of inspection: section 46 66 Certificate of inspection: section 46 (1) For the purposes of section 46 (1) (c) of the Act, registration of a motor vehicle is registration in accordance with the regulations under the Road Transport (Vehicle Registration) Act 1997. (2) For the purposes of section 46 (3A) of the Act, the prescribed form of declaration for display with a motor vehicle to which no number-plate is attached is a declaration by the dealer accounting for: (a) the absence of any number-plate, and (b) the unavailability of a certificate or receipt (as to the surrender of the number-plates) referred to in section 46 (3A) (a) of the Act. (3) For the purposes of section 46 (2) and (2A) of the Act, the period of 90 days is prescribed as the period within which an inspection report must have been issued. MOTOR DEALERS REGULATION 1999 - REG 67 Prescribed offences and penalties: section 53E 67 Prescribed offences and penalties: section 53E For the purposes of section 53E of the Act: (a) an offence under a provision of the Act or this Regulation specified in Column 1 of Schedule 2 is a prescribed offence, and (b) the amount specified in Column 2 of Schedule 2 in respect of such an offence is the prescribed amount of penalty for the offence. MOTOR DEALERS REGULATION 1999 - REG 69 Prescribed officers for certain proceedings: section 55 69 Prescribed officers for certain proceedings: section 55 For the purposes of section 55 of the Act, each of the following is a prescribed officer: (a) the Director-General, (b) any officer of the Department of Fair Trading appointed by the Director-General as a prescribed officer for the purposes of that section, (c) any police officer of or above the rank of sergeant. MOTOR DEALERS REGULATION 1999 - REG 70 Repeal and savings 70 Repeal and savings (1) The Motor Dealers Regulation 1986 is repealed. (2) Any act, matter or thing that, immediately before the repeal of the Motor Dealers Regulation 1986, had effect under that Regulation continues to have effect under this Regulation. (3) Until 1 March 2003, a register or notice referred to in this Regulation is taken to comply with the requirements of this Regulation if it complies with the requirements of the Motor Dealers Regulation 1986 in relation to the corresponding register or notice referred to in that Regulation. MOTOR DEALERS REGULATION 1999 - SCHEDULE 1 SCHEDULE 1 – Fees (Clause 60) _____________________________________________________________________________ |_____________________________________________________________________________| |Nature of fee |Processing|Fixed component|Variable |Compensation Fund| |_____________________________________________________________________________| |Application fee | | | | | |for granting of |$155 |nil |$234 per place|$669 per place of| |dealer’s | | |of business |business | |_____________________________________________________________________________| |Application fee | | | | | |for restoration |$155 |nil |$234 per place|$97 per place of | |of dealer’s | | |of business |business | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | |$234 per place|$97 per place of | |the Act for |$52 |nil |of business |business | |dealer’s | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting of | | |$234 per place|$669 per place of| |dealer’s |$155 |nil |of business |business | |licence (motor | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for restoration | | |$234 per place|$97 per place of | |of dealer’s |$155 |nil |of business |business | |licence (motor | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for |$52 |nil |$234 per place|$97 per place of | |dealer’s | | |of business |business | |licence (motor | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | | | | |restoration of |$155 |nil |$234 per place|nil | |dealer’s | | |of business | | |licence | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for |$52 |nil |$234 per place|nil | |dealer’s | | |of business | | |licence | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | | | | |restoration of |$155 |nil |$234 per place|nil | |dealer’s | | |of business | | |licence | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for |$52 |nil |$234 per place|nil | |dealer’s | | |of business | | |licence | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | | | | |restoration of | | |$234 per place| | |dealer’s |$155 |nil |of business |nil | |licence | | | | | |(commercial | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for | | |$234 per place| | |dealer’s |$52 |nil |of business |nil | |licence | | | | | |(commercial | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting of | | |$234 per place|$669 per place of| |car market |$155 |nil |of business |business | |operator’s | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for restoration | | |$234 per place|$97 per place of | |of car market |$155 |nil |of business |business | |operator’s | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for car |$52 |nil |$234 per place|$97 per place of | |market | | |of business |business | |operator’s | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | | | | |restoration of |$155 |nil |$234 per place|nil | |auto | | |of business | | |dismantler’s | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | |$234 per place| | |the Act for auto |$52 |nil |of business |nil | |dismantler’s | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | |$234 per place| | |restoration of |$155 |nil |of business |nil | |wholesaler’s | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | |$234 per place| | |the Act for |$52 |nil |of business |nil | |wholesaler’s | | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | | | | |restoration of | | |$234 per place| | |motor vehicle |$155 |nil |of business |nil | |parts | | | | | |reconstructor’s| | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for motor|$52 |nil |$234 per place|nil | |vehicle parts | | |of business | | |reconstructor’s| | | | | |_____________________________________________________________________________| |Application fee | | | | | |for granting or | | | | | |restoration of |$155 |nil |$234 per place|nil | |motor vehicle | | |of business | | |consultant’s | | | | | |_____________________________________________________________________________| |Annual fee under | | | | | |section 20 (1) of| | | | | |the Act for motor|$52 |nil |$234 per place|nil | |vehicle | | |of business | | |consultant’s | | | | | |_____________________________________________________________________________| |Late fee under | | | | | |section 20 (6) of|nil |$46 |nil |nil | |_____________________________________________________________________________| |Application fee | | | | | |for replacement |$24 |nil |nil |nil | |_____________________________________________________________________________| |Issue of | | | | | |certificate under|nil |$19 |nil |nil | |section 18 of the| | | | | |_____________________________________________________________________________| MOTOR DEALERS REGULATION 1999 - SCHEDULE 2 SCHEDULE 2 – Penalty notices (Clause 67) ________________________ |________________________| |________________________| |_______________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |________________________| |_______________| |________________________| |________________________| |________________________| |________________________| |________________________| MOTOR DEALERS REGULATION 1999 - SCHEDULE 3 SCHEDULE 3 – Forms (Clause 3) Form 1 - Register for consigned vehicles (Clause 19) Register for consigned vehicles Motor Dealers Act 1974: section 21 NAME OF LICENSEELICENCE No _____________________________________________________________________________ |DETAILS OF | |___________| | | |Make|Model | | |VIN or | | |Entry No |Date of |and |designation|Registration|Engine|chassis|Odometer| | |acquisition|body|and date of|No (if any) |No |No |reading | |_____________________________________________________________________________| Register for consigned vehicles All columns to be completed _________________________________________________________________________ |DETAILS OF |DETAILS OF| |ACQUISITION|DISPOSAL | |______________________| | | | | | |Name and | | | | | | |address of | | | | | | |person to | | | | | | |whom vehicle | |Name and | | | | |disposed | |address of | | | | |(if trade | |consignor |Date of |Trust |Type & serial|Cash price at|owner also | |(if trade |disposal |account |No of |which vehicle|insert motor | |number also| |entry No|disposal form|disposed |dealer | |insert | | | | |licence No) | |licence No)| | | | |(if private | | | | | | |purchaser at | | | | | | |auction also | | | | | | |insert driver| |_________________________________________________________________________| Form 2 - Dealers’ and wholesalers’ register (Clause 19) Dealers’ and wholesalers’ register Motor Dealers Act 1974: section 21 NAME OF LICENSEELICENCE No ______________________________________________________________________________________ |DETAILS OF | |___________| | | | |Make|Model | | |VIN or | | |Entry No |Date of |How |and |designation|Registration|Engine|chassis|Odometer| | |acquisition|acquired|body|and date of|No (if any) |No |No |reading | |______________________________________________________________________________________| Dealers’ and wholesalers’ register All columns to be completed _____________________________________________________________________________ |DETAILS OF |DETAILS OF| |ACQUISITION |DISPOSAL | |_______________________| | | | | | |Name and | | | | | | |address of | | | | | | |person to | |Name and | | | | |whom vehicle | |address of | | | | |disposed (If | |person from | | |Type & |Cash price at|trade owner | |whom vehicle|Date of |How disposed|serial No of|which vehicle|also insert | |acquired (If|disposal | |disposal |disposed |motor dealer | |trade owner,| | |form | |licence No) | |also insert | | | | |(If private | |licence No) | | | | |purchaser at | | | | | | |auction also | | | | | | |insert driver| |_____________________________________________________________________________| Form 2A - Auto dismantlers’ register for motor vehicles (Clause 19) Auto dismantlers’ register for motor vehicles Motor Dealers Act 1974: section 21 VEHICLENAME OF LICENSEELICENCE No _________________________________________________________________________ |___________________________________________| |___________________________________________| |___________________________________________| |___________________________________________| |___________________________________________| |___________________________________________| |___________________________________________| |NAME & ADDRESS OF PERSON FROM WHOM| | |___________________________________________| |___________________________________________| |___________________________________________| |__________________________________| |DESCRIPTION |SALVAGED|DATE OF DISPOSAL|* RECEIPT NO| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| Note: Name and address of purchaser MUST be recorded on sale receipt of engine and chassis or major body sections. Form 2B - Prescribed parts register (Clause 19) Prescribed parts register Motor Dealers Act 1974: section 21 NAME OF LICENSEELICENCE No _________________________________________________________________________________ |DETAILS OF | |___________| | | | |Make|Model |Prescribed |Engine No |VIN or | |Entry No |Date of |How |and |designation|part |(if |chassis| | |acquisition|acquired|body|and date of|description|applicable)|No | |_________________________________________________________________________________| PRESCRIBED PARTS REGISTERAll columns to be completed __________________________________________________________________________ |DETAILS OF |DETAILS OF | |ACQUISITION |DISPOSAL | |_______________________________| |Name and address |Invoice No *|Date of disposal|How disposed|Receipt No *| |__________________________________________________________________________| Note: Name and address of purchaser MUST be recorded on sale receipt of engine and chassis or major body sections. Form 3 - Dealers notice (motor cycles) (Clauses 31 and 37) Dealers notice (motor cycles) Motor Dealers Act 1974: sections 24 and 28 __________________ ||C | |__________________| |__________________| |__________________| Part 1 (To be completed and delivered to purchaser at or before the time of sale) _____________________________________________________________________________ |_______________________________________| |FULL BUSINESS | |ADDRESS OF DEALER WHERE| |_______________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Model designation/date | |Distance travelled|km | |_____________________________________________________________________________| |Engine No | |Date of expiry of | |__________________________________________________________| |_______________________________________| Part 2 (To be completed and delivered to purchaser at or before the time of sale) _____________________________________________________________________________ |Cash price at which|$ |Odometer reading at|km | |_____________________________________________________________________________| |Serial No of | | |Inspection Report |Date of issue of| |(RTA) (where |report | |____________________________________| |Purchaser’s full | |___________________| |Purchaser’s | |___________________| |_____________________________________________________________________________| |Purchaser’s |Date of sale | |____________________________________| |Name (print) and | |signature of | |dealer, | |agent or employee | |___________________| |___________________| |Received the sum of|by Cash | |____________________________________| |Being | |___________________| Part 3 (To be completed when motor cycle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The motor cycle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 (To be completed and delivered to purchaser at or before the time of sale) _____________________________________________________ |_____________________________________________________| |____________________________________| |____________________________________| |Odometer Reading|Model designation/ | |____________________________________| Part 5 _____________________________________________________________________________ |_____________________________________________________________________________| |⇒ Second-hand motor cycles not more than 5 years old and not having | |travelled more than 30,000 km—3 months or 3,000 km (whichever comes | |first).⇒ Second-hand cycles more than 5 years old or having travelled more | |than 30,000 km—NO WARRANTY but dealer must deliver to purchaser an | |Inspection Report issued in accordance with the regulations under the Road | |Transport (Vehicle Registration) Act 1997, which has been issued not more | |than 90 days before the date of sale (unless renewal of registration of the | |cycle was effected within a month preceding the date of sale) stating that | |the cycle is roadworthy.⇒ No warranty on a second-hand motor cycle of a | |design that is incapable of being registered in New South Wales.⇒ The | |dealer is required to repair or make good any defect existing in the cycle at| |the time of sale or occurring within the warranty period so as to place the | |cycle in a reasonable condition having regard to its age.⇒ Warranty does | |not cover defects in tyres, chains, sprockets and batteries, superficial | |damage to paintwork/upholstery, accidental damage occurring after the sale of| |the cycle and defects arising from rider misuse/negligence or use in | |competitive racing.⇒ A person may not waive or vary this warranty without | |prior written consent of the Director-General of the Department of Fair | |Trading.⇒ THE DEALER MUST BE GIVEN FIRST OPPORTUNITY TO ARRANGE WARRANTY | |_____________________________________________________________________________| Form 4 - Warranty Note: Warranty under Motor Dealers Act 1974 applies to this vehicle (Clause 29) Warranty Motor Dealers Act 1974: section 24 __________________ ||D | |__________________| |__________________| |__________________| Part 1 (To be completed when vehicle offered or displayed for sale) ____________________________________________________________________________ |__________________________________| |FULL BUSINESS | |ADDRESS OF DEALER | |__________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |Date of | |Distance travelled |km | |____________________________________________________________________________| |Body type | |Date notice affixed to| |_________________________________________________________| |__________________________________| Part 2 (To be completed at or before time of sale) ____________________________________________________________________________ |Cash price at which |$ |Odometer reading at|km | |____________________________________________________________________________| |Purchaser’s full | |_____________________| |_____________________| |____________________________________________________________________________| |Purchaser’s |Date of sale | |___________________________________| |Name (print) and | |signature of dealer, | |agent or employee | |_____________________| Part 3 (To be completed when vehicle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The vehicle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 _____________________________________________________________________________ |_____________________________________________________________________________| |⇒ 3 months or 5,000 kilometres (whichever comes first)⇒ applies to | |vehicles that at the time of sale are not more than 10 years old and have not| |travelled more than 160,000 kms⇒ The dealer is required to repair or make | |good any defect in the vehicle at the time of sale or occurring within the | |warranty period so as to place the vehicle in a reasonable condition having | |regard to its age.⇒ Warranty does not cover tyres and batteries, | |superficial damage to paintwork/upholstery, accidental damage occurring after| |the sale of the vehicle and defects arising from use for motor racing/ | |rallying or driver misuse/negligence.⇒ A person may not waive or vary this | |warranty without prior written consent of the Director-General of the | |Department of Fair Trading.⇒ THE DEALER MUST BE GIVEN FIRST OPPORTUNITY TO | |_____________________________________________________________________________| Form 5 - Dealers notice (motor cycles)—(excluded defects) (Clauses 31 and 40) Dealers notice (motor cycles)—(excluded defects) Motor Dealers Act 1974: sections 24 and 29 __________________ ||E | |__________________| |__________________| |__________________| Part 1 (To be completed and delivered to purchaser at or before the time of sale) _____________________________________________________________________________ |_______________________________________| |FULL BUSINESS | |ADDRESS OF DEALER WHERE| |_______________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Model designation/date | |Distance travelled|km | |_____________________________________________________________________________| |Engine No | |Date of expiry of | |__________________________________________________________| |_______________________________________| Part 2 (To be completed and delivered to purchaser at or before the time of sale) _____________________________________________________________________________ |Cash price at which|$ |Odometer reading at|km | |_____________________________________________________________________________| |Serial No of | | |Inspection Report |Date of issue of| |(RTA) (where |report | |____________________________________| |Purchaser’s full | |___________________| |Purchaser’s | |___________________| |_____________________________________________________________________________| |Purchaser’s |Date of sale | |____________________________________| |Name (print) and | |signature of | |dealer, | |agent or employee | |___________________| |The dealer must | |deliver to the | |purchaser an | |Inspection Report | |issued in | |accordance with the| |regulations under | |the Road Transport | |(Vehicle | |Registration) Act | |1997, which has | |been issued not | |more than 90 days | |before the date of | |sale stating that | |the vehicle is | |roadworthy unless | |registration of the| |vehicle has been | |effected within one| |month before that | |___________________| Part 3 (To be completed when motor cycle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The motor cycle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 _______________________________________________________________________ |______________________________________| |⇒ Second-hand cycles not more than 5| |years old and not having travelled | |more than 30,000 km—3 months or | |3,000 km (whichever comes first).⇒ | |No warranty on a second-hand motor | |cycle of a design that is incapable of| |being registered in New South | |Wales.⇒ The dealer is required to | |repair or make good any defect | |existing in the cycle at the time of | |sale or occurring within the warranty | |period so as to place the cycle in a | |reasonable condition having regard to | |its age.⇒ Warranty does not cover | |defects in tyres, chains, sprockets | |and batteries, superficial damage to | |paintwork/upholstery, accidental | |damage occurring after the sale of the| |cycle and defects arising from rider | |misuse/negligence or use in | |competitive racing.⇒ A person may | |not waive or vary this warranty | |without prior written consent of the | |Director-General of the Department of | |Fair Trading.⇒ THE DEALER MUST BE | |GIVEN FIRST OPPORTUNITY TO ARRANGE | |______________________________________| |______________________________________| |I ACKNOWLEDGE THAT THE DEFECTS SHOWN | |BELOW ARE EXCLUDED FROM THE WARRANTY | |______________________________________| |______________________________________| |Excluded defects |Estimated fair cost of repair or| |_______________________________________________________________________| |NOTE: ROADWORTHINESS ITEMS MAY NOT BE | |______________________________________| |Name (print) and signature |MVRIC | |_______________________________________________________________________| |(If there is insufficient space an | |annexure may be made to the notice | |provided a reference is made to the | |annexure in this notice and the | |annexure is signed by the motor | |mechanic). | |The cost of repairs to the extent of | |the estimate shown for each defect is | |the responsibility of the purchaser. | |The dealer is only obliged to (1) | |repair or make good unlisted defects, | |or (2) pay the difference where the | |fair cost of repairing or making good | |a listed defect estimated by the | |dealer is less than the fair cost of | |then repairing or making good that | |______________________________________| Form 6 - Dealers notice—excluded defects (Clauses 29 and 39) Dealers notice—excluded defects Motor Dealers Act 1974: sections 24 and 29 __________________ ||F | |__________________| |__________________| |__________________| Part 1 (To be completed when vehicle offered or displayed for sale) ____________________________________________________________________________ |__________________________________| |FULL BUSINESS | |ADDRESS OF DEALER | |__________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |Date of | |Distance travelled |km | |____________________________________________________________________________| |Body type | |Date notice affixed to| |_________________________________________________________| |__________________________________| Part 2 (To be completed at or before time of sale) _____________________________________________________________________________ |Cash price at which|$ |Odometer reading at|km | |_____________________________________________________________________________| |Serial No of | | |Inspection Report |Date of issue of| |(RTA) (where |report | |____________________________________| |Purchaser’s full | |___________________| |Purchaser’s | |___________________| |_____________________________________________________________________________| |Purchaser’s |Date of sale | |____________________________________| |Name (print) and | |signature of | |dealer, | |agent or employee | |___________________| |The dealer must | |deliver to the | |purchaser an | |Inspection Report | |issued in | |accordance with the| |regulations under | |the Road Transport | |(Vehicle | |Registration) Act | |1997, which has | |been issued not | |more than 90 days | |before the date of | |sale stating that | |the vehicle is | |roadworthy unless | |registration of the| |vehicle has been | |effected within one| |month before that | |___________________| Part 3 (To be completed when vehicle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The vehicle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 _______________________________________________________________________ |______________________________________| |⇒ 3 months or 5,000 km (whichever | |comes first)⇒ applies to vehicles | |that at the time of sale are not more | |than 10 years old and have not | |travelled more than 160,000 | |kilometres⇒ The dealer is required | |to repair or make good any defect | |existing in the vehicle at the time of| |sale or occurring within the warranty | |period so as to place the vehicle in a| |reasonable condition having regard to | |its age.⇒ Warranty does not cover | |defects in tyres and batteries, | |superficial damage to paintwork/ | |upholstery, accidental damage | |occurring after the sale of the | |vehicle and defects arising from | |driver misuse/negligence or use for | |motor racing/rallying.⇒ A person may| |not waive or vary this warranty | |without prior written consent of the | |Director-General of the Department of | |Fair Trading.⇒ THE DEALER MUST BE | |GIVEN FIRST OPPORTUNITY TO ARRANGE | |______________________________________| |______________________________________| |I ACKNOWLEDGE THAT THE DEFECTS SHOWN | |BELOW ARE EXCLUDED FROM THE WARRANTY | |______________________________________| |______________________________________| |Excluded defects |Estimated fair cost of repair or| |_______________________________________________________________________| |NOTE: ROADWORTHINESS ITEMS MAY NOT BE | |______________________________________| |Name (print) and signature |MVRIC | |_______________________________________________________________________| |(If there is insufficient space an | |annexure may be made to the notice | |provided a reference is made to the | |annexure in this notice and the | |annexure is signed by the motor | |mechanic). | |The cost of repairs to the extent of | |the estimate shown for each defect is | |the responsibility of the purchaser. | |The dealer is only obliged to (1) | |repair or make good unlisted defects, | |or (2) pay the difference where the | |fair cost of repairing or making good | |a listed defect estimated by the | |dealer is less than the fair cost of | |then repairing or making good that | |______________________________________| Form 7 - Inter-trade owner disposal—single vehicle (Clause 34) Inter-trade owner disposal—single vehicle Motor Dealers Act 1974: section 25 __________________ |__________________| |__________________| |__________________| _____________________________________________________________________________ |________________________________________________| |FULL BUSINESS | |__________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |__________________________| |________________________________________________| |________________________________________________| |Odometer reading when |Odometer reading when| |vehicle acquired |vehicle sold | |________________________________________________| |________________________________________________| |Details of trade owner |NAME | |________________________________________________| |__________________________| |__________________________| |Name (print) and signature| |of seller, | |agent or employee | |__________________________| |__________________________| Form 7A - Inter-trade owner disposal—two or more vehicles (Clause 34) Inter-trade owner disposal—two or more vehicles Motor Dealers Act 1974: section 25 __________________________________________________________________________________________ |TRADE |LICENCE | |_________________| |FULL | |BUSINESS| |________| | | |(Suburb/| |(No) |(Street)|Town/ | |__________________________| | | | | | | | |Chassis|Odometer|Odometer| |Register|Make of |Body |Model |Date of |Reg|Engine|or |reading |reading | |Details |vehicle |Type |designation|manufacture|No |No |Frame |when |when | | | | | | | | |No |vehicle |vehicle | |_______________________________________________________________________________________| |_________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| |__________________________________________________________________________________________| ___________________________________________________________________ |________________________________________| |___________________________________________________________________| |________________________________________| |Name (print) and signature of seller, |Date of sale | |___________________________________________________________________| Form 8 - No Warranty Note: No warranty under Motor Dealers Act 1974 applies to this vehicle (Clause 29) No Warranty Motor Dealers Act 1974: section 24 __________________ ||H | |__________________| |__________________| |__________________| Part 1 (To be completed when vehicle offered or displayed for sale) ___________________________________________________________________________ |__________________________________| |FULL BUSINESS | |ADDRESS OF DEALER | |__________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |Date of | |Distance travelled |km | |___________________________________________________________________________| | | |Date of expiry of | |Body type | |registration and date| |________________________________________________________| |__________________________________| Part 2 (To be completed at or before time of sale) ____________________________________________________________________________ |Cash price at which|Odometer reading at| |_______________________________________| |Serial No of | | |Inspection Report |Date of issue of | |(RTA) (where |report | |_______________________________________| |Purchaser’s full | | | |_________________________________________________________| |Purchaser’s | | | |_________________________________________________________| |Trade-in (if any) |(Description) |(Registration No)|Trade-in Allowance| |____________________________________________________________________________| |Purchaser’s |Date of sale | | |_________________________________________________________| |Name (print) and | |signature of | |dealer, agent or | |employee effecting | |___________________| The dealer must deliver to the purchaser an Inspection Report issued in accordance with the regulations under the Road Transport (Vehicle Registration) Act 1997, which has been issued not more than 90 days before the date of sale stating that the vehicle is roadworthy unless registration of the vehicle has been effected within one month before that date. Part 3 (To be completed when vehicle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The vehicle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 ______________________________ |______________________________| Form 9 - Auction notice (Clauses 27 and 38) Auction notice Motor Dealers Act 1974: sections 23B and 28 ____________________________________________________________________________ |____________________________________________________________________________| |If a motor vehicle with registration plates is sold to a private purchaser, | |whether on the fall of the hammer or by subsequent negotiation with the | |highest bidder, an inspection report not more than 1 month old which is | |issued in respect of the vehicle and states that the vehicle is roadworthy | |will be provided at the time of delivery of the vehicle to the purchaser. | |A private purchaser means a person other than a financier or the holder of a| |licence under the Motor Dealers Act 1974 or under some other legislation in | |force in Australia that corresponds to that Act. | |There is no warranty under the Motor Dealers Act 1974 in respect of vehicles| |sold by auction. Accordingly the dealer is not required by the Act to repair| |____________________________________________________________________________| Form 10 - Notice that motor vehicle is not for sale (Clause 30) Notice that motor vehicle is not for sale Motor Dealers Act 1974: section 24 [graphic] Form 11 - Demonstrator vehicle notice (Clause 32) Demonstrator vehicle notice Motor Dealers Act 1974: section 24 __________________ ||K | |__________________| |__________________| |__________________| Part 1 (To be completed when vehicle offered or displayed for sale) _____________________________________________________________________________ |______________________________________| |FULL BUSINESS | |ADDRESS OF DEALER | |__________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |The cash price of | | |this vehicle | | |including |Odometer reading at| |registration and |time of sale | |optional extras | | |______________________________________| |__________________| Part 2 (To be completed and delivered to the purchaser at or before the time of sale) _____________________________________________________________________________ |________________________| |________________________| |_____________________________________________________________________________| |________________________| |Name (print) and | |signature of dealer, | |agent or employee | |________________________| |The “new” vehicle | |price of this vehicle | |(including registration,| |delivery and/or freight | |charges and the same | |optional extras) was $at| |the date of first | |________________________| Part 3 (To be completed when vehicle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The vehicle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 _____________________________________________________________________________ |_____________________________________________________________________________| |⇒ 20,000 kilometres after manufacture or 12 months less 1 month for each | |2,000 kilometres that the vehicle has been driven before being sold by the | |dealer (whichever comes first) | |If the vehicle has been driven for 15,000 kilometres or more at the time of | |sale a warranty of 3 months or 5,000 kilometres (whichever comes first) | |applies.⇒ The dealer is required to repair or make good any defect in the | |vehicle at the time of sale or occurring within the warranty period so as to | |place the vehicle in a reasonable condition having regard to its age.⇒ | |Warranty does not cover tyres and batteries, superficial damage to paintwork/| |upholstery, accidental damage occurring after the sale of the vehicle and | |defects arising from use for motor racing/rallying or driver misuse/ | |negligence.⇒ A person may not waive or vary this warranty without prior | |written consent of the Director-General of the Department of Fair Trading.⇒| |_____________________________________________________________________________| Form 11A - Demonstrator vehicle notice—excluded defects (Clauses 32 and 40) Demonstrator vehicle notice—excluded defects Motor Dealers Act 1974: section 24 __________________ ||L | |__________________| |__________________| |__________________| Part 1 (To be completed when vehicle offered or displayed for sale) _____________________________________________________________________________ |______________________________________| |FULL BUSINESS | |ADDRESS OF DEALER WHERE | |___________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |The “new” vehicle price| |of this vehicle (including | |registration, delivery and/| |or freight charges and the | |same optional extras) was | |$at the date of its first | |___________________________| Part 2 (To be completed and delivered to the purchaser at or before the time of sale) _____________________________________________________________________________ |The cash price of this | | |vehicle | | |including registration |Odometer reading at | |and |time of sale | |optional extras fitted | | |_______________________________________________| |_______________________| |_______________________| |_______________________| |Serial No of Inspection|Date of issue of report| |_______________________________________________| |Trade-in (if any) |(Description) |(Registration No)|Trade-in | |_____________________________________________________________________________| |_______________________| |Name (print) and | |signature of dealer, | |agent or employee | |_______________________| |The dealer must deliver| |to the purchaser an | |Inspection Report | |issued in accordance | |with the regulations | |under the Road | |Transport (Vehicle | |Registration) Act 1997,| |which has been issued | |not more than 90 days | |before the date of sale| |stating that the | |vehicle is roadworthy | |unless registration of | |the vehicle has been | |effected within one | |_______________________| Part 3 (To be completed when vehicle offered or displayed for sale) The information below has been checked with the Register of Encumbered Vehicles (REVS). Note: REVS records do not include written off vehicles that were repaired and re-registered prior to 1 July 2003. For more information about what is recorded on the register, contact REVS. The vehicle is/is not listed on REVS as being, or having been, a written off or wrecked motor vehicle. (delete inapplicable words) Part 4 _______________________________________________________________________ |______________________________________| |⇒ 20,000 kilometres after | |manufacture or 12 months less 1 month | |for each 2,000 kilometres that the | |vehicle has been driven before being | |sold by the dealer (whichever comes | |first) | |If the vehicle has been driven for | |15,000 kilometres or more at the time | |of sale a warranty of 3 months or | |5,000 kilometres (whichever comes | |first) applies.⇒ The dealer is | |required to repair or make good any | |defect in the vehicle at the time of | |sale or occurring within the warranty | |period so as to place the vehicle in a| |reasonable condition having regard to | |its age.⇒ Warranty does not cover | |tyres and batteries, superficial | |damage to paintwork/upholstery, | |accidental damage occurring after the | |sale of the vehicle and defects | |arising from use for motor racing/ | |rallying or driver misuse/ | |negligence.⇒ A person may not waive | |or vary this warranty without prior | |written consent of the Director- | |General of the Department of Fair | |Trading.⇒ THE DEALER MUST BE GIVEN | |FIRST OPPORTUNITY TO ARRANGE WARRANTY | |______________________________________| |______________________________________| |I ACKNOWLEDGE THAT THE DEFECTS SHOWN | |BELOW ARE EXCLUDED FROM THE WARRANTY | |______________________________________| |______________________________________| |Excluded defects |Estimated fair cost of repair or| |_______________________________________________________________________| |NOTE: ROADWORTHINESS ITEMS MAY NOT BE | |______________________________________| |Name (print) and signature |MVRIC | |_______________________________________________________________________| |(If there is insufficient space an | |annexure may be made to the notice | |provided a reference is made to the | |annexure in this notice and the | |annexure is signed by the motor | |mechanic). | |The cost of repairs to the extent of | |the estimate shown for each defect is | |the responsibility of the purchaser. | |The dealer is only obliged to (1) | |repair or make good unlisted defects, | |or (2) pay the difference where the | |fair cost of repairing or making good | |a listed defect estimated by the | |dealer is less than the fair cost of | |then repairing or making good that | |______________________________________| Form 13 - Notice of damage—new and demonstrator motor vehicles (Clause 33) Notice of damage—new and demonstrator motor vehicles Motor Dealers Act 1974: section 24 (7) Part 1 (To be completed and delivered to the purchaser at or before the time of sale) _________________________________________________________________________ |__________________________________| |FULL BUSINESS | |ADDRESS OF DEALER WHERE| |_______________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| Part 2 ____________________________________________________________________________ |____________________________________________________________________________| |____________________________________________________________________________| | Note: The Motor Dealers Act 1974 provides that the dealer must | | disclose:(a) damage caused by exposure to water (eg immersion in | | floodwater or exposure to salt water) that has caused damage by | | initiating corrosion or otherwise reducing the quality of the | | vehicle, or(b) accidental damage to the body or frame if the | | vehicle which has required:(i) the replacement or repair of any of | | the panels, structural members or components of the vehicle by | | cutting and welding, by the application of heat or by any other | | means, or(ii) repairs that are wholly effected by the replacement | | of not fewer than 4 major external panels fixed to the vehicle by | | means of bolts, screws or other fastening devices and the | |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |Name (print) and signature of dealer, | |____________________________________________________________________________| Form 14 - Sale notice for exempted motor vehicle sold without statutory warranty (Clause 36) Sale notice for exempted motor vehicle sold without statutory warranty Motor Dealers Act 1974: section 28 ______________________________ |______________________________| |______________________________| Form 18 - Car market register and notice—title guaranteed (Clauses 19 and 41) Car market register and notice—title guaranteed Motor Dealers Act 1974: sections 21 and 29B ______ |______| |______| _________________________________________________________ |_________________________________________________________| |_________________________________________________________| _______________________________________ |____________________________________| |____________________________________| |_______________________________________| |____________________________________| |CERTIFICATE OF |DATE OF ISSUE: | |____________________________________| ____________________________________ |____________________________| |____________________________| |____________________________| |____________________________| |____________________________| |____________________________________| |____________________________________| |____________________________| ___________________________________________________________ |______________________________________________| |______________________________________________| |______________________________________________| |___________________________________________________________| |______________________________________________| Note: Delete whichever is inapplicable Form 19 - Car market register and notice—title not guaranteed (Clauses 19 and 41) Car market register and notice—title not guaranteed Motor Dealers Act 1974: sections 21 and 29B ______ |______| |______| _____________________________________________________________________________ |TITLE NOT | |_____________________________________________________________________________| |THIS VEHICLE IS SOLD WITHOUT STATUTORY WARRANTY UNDER THE MOTOR DEALERS ACT | |1974. THE VENDOR’S TITLE TO THE VEHICLE IS NOT GUARANTEED BY THE CAR MARKET| |_____________________________________________________________________________| _______________________________________ |____________________________________| |____________________________________| |_______________________________________| |____________________________________| |CERTIFICATE OF |DATE OF ISSUE: | |____________________________________| ____________________________________ |____________________________| |____________________________| |____________________________| |____________________________| |____________________________| |____________________________________| |____________________________________| |____________________________| ___________________________________________________________ |______________________________________________| |______________________________________________| |______________________________________________| |___________________________________________________________| |______________________________________________| Note: Delete whichever is inapplicable Form 20 - Cooling off period rights (Clause 41A (1)) Cooling off period rights (Motor Dealers Act 1974, section 29CA (6) Right to Cooling Off Period [To be completed by the motor dealer] Make and model of motor car: Registration No: If unregistered—engine number or chassis number or vehicle identification number or registration number (if any) last assigned to the vehicle, or, if none of those numbers are reasonably ascertainable, any other number by which the vehicle may be identified. Dealer licence number: Finance provider: To the purchaser—your cooling off rights Your right to a cooling off period 1 You are signing a contract to buy a vehicle. If finance for the purchase is being provided by the dealer or the dealer is arranging or facilitating the provision of credit through a linked credit provider, you may take advantage of a cooling off period. This is a period in which you may change your mind about buying the vehicle and terminate the contract. This does not apply to you if you are a trade owner or if this is an auction sale or if the vehicle is a commercial vehicle. When you may terminate the contract 2 Under the Motor Dealers Act 1974 you have the right to decide within one business day of signing the contract not to proceed with the purchase and to terminate the sale agreement. You may take this action up until the end of the cooling off period. The period ends at the end of the next business day after you sign the contract that the dealer is open for business until 5pm. If the dealer closes before 5pm on the next business day, the cooling off period ends at the close of business on the next day that the dealer is open for business. How to terminate contract 3 You may terminate the contract by giving a written notice to the dealer. The notice may be signed by you or by your solicitor or barrister. Your rights to possession of vehicle during cooling off period 4 You will not be able to take possession of the vehicle during the cooling off period unless the dealer agrees. If the dealer has agreed to let you take possession of the vehicle during the cooling off period, you may still terminate the contract. Your obligations on termination of the contract 5 If you terminate the contract on or before the end of the cooling off period, you will have to pay the dealer $250 or 2% of the purchase price, whichever is the lesser amount. You will also have to repay to the dealer any amount paid for a trade-in. You will also be required to return the vehicle if you have taken delivery of it. The dealer’s obligations on termination of the contract 6 It will be an offence for the dealer to dispose of a vehicle traded-in as part of the sale during the cooling off period. When the contract is terminated the dealer must repay to you all other amounts paid by you (less the amounts you have to pay as referred to above). The dealer must also return any trade-in vehicle and must pay for any damage to that vehicle caused while in the dealer’s possession, other than fair wear and tear. If the trade-in vehicle is incapable of being driven or is unroadworthy because of a defect not caused by you or the dealer, the dealer must permit it to be collected by you. Giving up your cooling off rights 7 You may give up your right to a cooling off period for this purchase by a signing a waiver of the right, in the form required under the Motor Dealers Act 1974. If you sign the waiver, you will lose the right to terminate the contract during the cooling off period. I acknowledge that I have read this document. _________________ |_________________| |_________________| Form 21 - Waiver of right to cooling off period (Clause 41A (2)) Waiver of right to cooling off period (Motor Dealers Act 1974, section 29CA) Waiver of right to cooling off period Loss of Right to Cooling Off Period [To be completed by the motor dealer] Make and model of motor car: Registration No: If unregistered—engine number or chassis number or vehicle identification number or registration number (if any) last assigned to the vehicle, or, if none of those numbers are reasonably ascertainable, any other number by which the vehicle may be identified. Dealer licence number: [To be completed by the purchaser] 1 I have agreed to buy this vehicle. 2 I know that the Motor Dealers Act 1974 gives me the right to decide within one business day not to proceed with the purchase and to terminate the sale agreement. The reference to one business day means the next day that the dealer is open for business until 5pm. If the dealer closes before 5pm on the next business day, the cooling off period extends until the close of business on the next day that the dealer is open for business. 3 I waive the right to terminate the sale agreement under section 29CA of the Motor Dealers Act 1974. 4 I acknowledge that I know that if I sign this form, I WILL LOSE MY RIGHT TO TERMINATE THE SALE AGREEMENT. ____________________________ |____________________________| [Copy to be given to customer and trader to retain copy] MOTOR DEALERS REGULATION 1999 - NOTES Reprint history: Reprint No 1 27 May 2003 MOTOR DEALERS REGULATION 1999 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| Table of amending instrumentsMotor Dealers Regulation 1999 published in Gazette No 101 of 1.9.1999, p 8043 and amended as follows: Motor Dealers Amendment (Fees) Regulation 2000 (GG No 29 of 25.2.2000, p 1379) Motor Dealers Amendment (Transitional) Regulation 2000 (GG No 109 of 25.8.2000, p 8207) Motor Dealers Amendment (Fees) Regulation 2001 (GG No 41 of 23.2.2001, p 832) Corporations (Consequential Amendments) Act 2001 No 34. Assented to 28.6.2001. Date of commencement of Sch 5, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. Motor Dealers Amendment (Transitional) Regulation 2001 (GG No 132 of 31.8.2001, p 7072) Motor Dealers Amendment (Fees) Regulation 2002 (GG No 48 of 22.2.2002, p 984) Motor Dealers Amendment Regulation 2002 (GG No 106 of 28.6.2002, p 4766) Motor Dealers Amendment (Savings) Regulation 2002 (GG No 135 of 30.8.2002, p 7229) Motor Dealers Amendment (Cooling Off Periods) Regulation 2002 (GG No 255 of 13.12.2002, p 10571) Motor Dealers Amendment (Fees) Regulation 2003 (GG No 45 of 14.2.2003, p 1623) Motor Dealers Amendment (Forms) Regulation 2003 (GG No 97 of 13.6.2003, p 5637) Motor Dealers Amendment (Licence Fees) Regulation 2003 (GG No 104 of 27.6.2003, p 6159) Motor Dealers Further Amendment (Forms) Regulation 2003 (GG No 138 of 12.9.2003, p 9235) (The regulation (statutory rule) appointed 1 July 2003 as the date of its commencement. Pursuant to section 39 (2A) of the Interpretation Act 1987, the regulation is not invalid merely because the regulation was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the regulation is published in the Gazette, instead of from the earlier day.) Table of amendments _______________________________________________________________________ |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________| |Sch 1 |Subst 25.2.2000; 23.2.2001; 22.2.2002; 28.6.2002; 14.2.2003;| |_______________________________________________________________________| |_______________________________________________________________________| |_______________________________________________________________________|