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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MOTOR VEHICLES
SECURITIES AND ANOTHER
ACT AMENDMENT BILL 2002
Queensland
MOTOR VEHICLES SECURITIES AND
ANOTHER ACT AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF MOTOR VEHICLES SECURITIES
ACT 1986
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 5B (Meaning of "water damaged motor vehicle"). . . . . . . 5
6 Amendment of s 6 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 7 (Application for registration, or renewal of registration,
of security interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Omission of s 30ZF (Notification of insurer's intention to sell water
damaged motor vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3--AMENDMENT OF PROPERTY AGENTS AND MOTOR
DEALERS ACT 2000
9 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Amendment of s 232A (Announcements before auction). . . . . . . . . . . . . . . 6
11 Insertion of new ch 7, pt 2, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 10--Sales of written-off vehicles
232B Announcements before auction--written-off vehicle . . . . . . . . . . . . 6
12 Amendment of s 294A (Notice to be given about used motor vehicle--
water damaged motor vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Insertion of new ch 9, pt 2, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 7--Sales of used motor vehicles that are written-off vehicles
294B Notice to be given about used motor vehicle--written-off vehicle . . 7
2
Motor Vehicles Securities and Another Act Amendment
Bill 2002
14 Insertion of new ch 19, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--TRANSITIONAL PROVISION FOR MOTOR VEHICLES
SECURITIES AND ANOTHER ACT AMENDMENT ACT 2002
633 Continuation of existing statutory warranties . . . . . . . . . . . . . . . . . . 9
15 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2002
A BILL
FOR
An Act to amend the Motor Vehicles Securities Act 1986 and the
Property Agents and Motor Dealers Act 2000
s1 4 s4
Motor Vehicles Securities and Another Act Amendment
Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Motor Vehicles Securities and Another Act 4
Amendment Act 2002. 5
2 Commencement
Clause 6
If this Act is assented to before 30 September 2002, it commences on 7
30 September 2002. 8
PART 2--AMENDMENT OF MOTOR VEHICLES 9
SECURITIES ACT 1986 10
3 Act amended in pt 2
Clause 11
This part amends the Motor Vehicles Securities Act 1986. 12
4 Amendment of s 5 (Definitions)
Clause 13
(1) Section 5-- 14
insert-- 15
`"chassis number", of a motor vehicle, means an identification number of 16
the chassis that is permanently marked on the chassis or another part 17
of the motor vehicle, but does not include the motor vehicle's VIN. 18
"VIN", of a motor vehicle, means the unique vehicle identification number 19
assigned to, and permanently attached to, the vehicle.'. 20
(2) Section 5, definition "identifying particulars", paragraph (e), `vehicle 21
identification number'-- 22
s5 5 s8
Motor Vehicles Securities and Another Act Amendment
Bill 2002
omit, insert-- 1
`VIN'. 2
5 Amendment of s 5B (Meaning of "water damaged motor vehicle")
Clause 3
Section 5B(b), after `1986'-- 4
insert-- 5
`but before the commencement of the Motor Vehicles Securities and 6
Another Act Amendment Act 2002, section 5'. 7
6 Amendment of s 6 (Register)
Clause 8
Section 6(4)(a)(i), `under section 30ZF or 44A'-- 9
omit, insert-- 10
`under this Act on or after 8 April 1986 but before the commencement of 11
the Motor Vehicles Securities and Another Act Amendment Act 2002, 12
section 5'. 13
7 Amendment of s 7 (Application for registration, or renewal of
Clause 14
registration, of security interest) 15
Section 7-- 16
insert-- 17
`(1A) Also, the application must be accompanied by-- 18
(a) the VIN of the motor vehicle the subject of the security interest; 19
or 20
(b) if there is no VIN for the motor vehicle, the motor vehicle's 21
chassis number.'. 22
8 Omission of s 30ZF (Notification of insurer's intention to sell
Clause 23
water damaged motor vehicle) 24
Section 30ZF-- 25
omit. 26
s9 6 s 11
Motor Vehicles Securities and Another Act Amendment
Bill 2002
PART 3--AMENDMENT OF PROPERTY AGENTS AND 1
MOTOR DEALERS ACT 2000 2
9 Act amended in pt 3
Clause 3
This part amends the Property Agents and Motor Dealers Act 2000. 4
10 Amendment of s 232A (Announcements before auction)
Clause 5
Section 232A, heading, after `auction'-- 6
insert-- 7
`--water damaged motor vehicle'. 8
11 Insertion of new ch 7, pt 2, div 10
Clause 9
After section 232A-- 10
insert-- 11
`Division 10--Sales of written-off vehicles 12
`232B Announcements before auction--written-off vehicle 13
`(1) An auctioneer must announce, immediately before the auction of a 14
motor vehicle that is an unregistered written-off vehicle, that the vehicle is 15
a written-off vehicle and state-- 16
(a) if the vehicle is a repairable write-off--that the vehicle is a 17
repairable write-off and must pass a written-off vehicle 18
inspection under a regulation under the Transport Operations 19
(Road Use Management) Act 1995 before it can be registered; or 20
(b) if the vehicle is a statutory write-off--that the vehicle can not be 21
registered. 22
Maximum penalty--100 penalty units. 23
`(2) An auctioneer does not contravene subsection (1) if-- 24
(a) 2 or more written-off vehicles that are repairable write-offs are to 25
be auctioned in consecutive lots; and 26
s 12 7 s 13
Motor Vehicles Securities and Another Act Amendment
Bill 2002
(b) immediately before the first vehicle is to be auctioned, the 1
auctioneer-- 2
(i) identifies the vehicles; and 3
(ii) announces that the identified vehicles are repairable 4
write-offs and must pass a written-off vehicle inspection 5
under a regulation under the Transport Operations (Road 6
Use Management) Act 1995 before they can be registered.'. 7
12 Amendment of s 294A (Notice to be given about used motor
Clause 8
vehicle--water damaged motor vehicle) 9
(1) Section 294A(3)-- 10
renumber as section 294A(4). 11
(2) Section 294A(2)-- 12
omit, insert-- 13
`(2) Before the motor dealer sells the vehicle to the buyer, the motor 14
dealer must tell the buyer that the vehicle is a water damaged vehicle. 15
Maximum penalty--200 penalty units. 16
`(3) The motor dealer must also ask the buyer to sign an 17
acknowledgement, printed in type no smaller than 12 point, that identifies 18
the used motor vehicle as a water damaged vehicle. 19
Maximum penalty--200 penalty units.'. 20
13 Insertion of new ch 9, pt 2, div 7
Clause 21
After section 294A-- 22
insert-- 23
`Division 7--Sales of used motor vehicles that are written-off vehicles 24
`294B Notice to be given about used motor vehicle--written-off vehicle 25
`(1) This section applies if a used motor vehicle that is an unregistered 26
written-off vehicle is to be sold by a motor dealer, other than by auction, to 27
a prospective buyer ("buyer"). 28
s 14 8 s 14
Motor Vehicles Securities and Another Act Amendment
Bill 2002
`(2) Before the motor dealer sells the vehicle to the buyer, the motor 1
dealer must tell the buyer that the vehicle is a written-off vehicle and 2
state-- 3
(a) if the vehicle is a repairable write-off--that the vehicle is a 4
repairable write-off and must pass a written-off vehicle 5
inspection under a regulation under the Transport Operations 6
(Road Use Management) Act 1995 before it can be registered; or 7
(b) if the vehicle is a statutory write-off--that the vehicle can not be 8
registered. 9
Maximum penalty--200 penalty units. 10
`(3) The motor dealer must also ask the buyer to sign an 11
acknowledgement, printed in type no smaller than 12 point, that-- 12
(a) identifies the used motor vehicle as a written-off vehicle; and 13
(b) states whether the vehicle is a repairable write-off or a statutory 14
write-off. 15
Maximum penalty--200 penalty units. 16
`(4) The motor dealer must-- 17
(a) give the original of the acknowledgement to the buyer; and 18
(b) keep a copy of the acknowledgement; and 19
(c) make a copy available for immediate inspection by an inspector 20
who asks to see it. 21
Maximum penalty--200 penalty units.'. 22
14 Insertion of new ch 19, pt 3
Clause 23
After section 632-- 24
insert-- 25
`PART 3--TRANSITIONAL PROVISION FOR MOTOR 26
VEHICLES SECURITIES AND ANOTHER ACT 27
AMENDMENT ACT 2002 28
s 15 9 s 15
Motor Vehicles Securities and Another Act Amendment
Bill 2002
`633 Continuation of existing statutory warranties 1
`(1) This section applies if, immediately before the commencement of 2
this section, a warranted vehicle was covered by a statutory warranty. 3
`(2) The vehicle does not stop being covered by the statutory warranty 4
only because, after the commencement of this section, the vehicle becomes 5
a written-off vehicle. 6
`(3) This section is subject to section 319.1 7
`(4) In this section-- 8
"statutory warranty" means the warranty under section 242 or 318. 9
"warranty period" means the warranty period under section 236 or 314.'. 10
15 Amendment of sch 3 (Dictionary)
Clause 11
(1) Schedule 3-- 12
insert-- 13
` "repairable write-off" means a motor vehicle recorded on a TORUM 14
register as a repairable write-off. 15
"statutory write-off" means a motor vehicle recorded on a TORUM 16
register as a statutory write-off. 17
"TORUM register" means a register kept under a regulation under the 18
Transport Operations (Road Use Management) Act 1995. 19
"written-off vehicle" means a motor vehicle recorded on a TORUM 20
register as-- 21
(a) a repairable write-off; or 22
(b) a statutory write-off.'. 23
(2) Schedule 3, definition "warranted vehicle", paragraph (a)-- 24
insert-- 25
`(iii) a written-off vehicle; or'. 26
1 Section 319 (Defects not covered by statutory warranty)
s 15 10 s 15
Motor Vehicles Securities and Another Act Amendment
Bill 2002
© State of Queensland 2002
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