MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - As at 19 February 2024 - Act 20 of 2014
- As at 19 February 2024 - Act 20 of 2014Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
- 3 Act binds all persons
- 4 Relationship with Fair Trading Inspectors Act 2014
Division 2 - Exemptions
Division 3 - Object of Act
- 8 Main object
Division 4 - Interpretation
- 9 Definitions
- 10 Meaning of beneficial interest
- 11 Meaning of in charge
- 12 Meaning of motor vehicle
- 13 Meaning of sale by auction
PART 2 - LICENSING
Division 1 - Categories of licence
- 14 Categories of licence
Division 2 - Limited motor dealer licence
- 15 Limited motor dealer licence
Division 3 - How to obtain a licence
- 16 Steps involved in obtaining a licence
Division 4 - Applications for licence
- 17 Application for licence
- 18 Applicant must state business address
- 19 Particular persons can not make application
- 20 Requirement to give information or material about application or request
Division 5 - Suitability of applicants and licensees
- 21 Suitability of applicants and licensees—individuals
- 22 Suitability of applicants and licensees—corporations
- 23 Chief executive must consider suitability of applicants and licensees
- 24 Public trustee is a suitable person
- 25 Chief executive of department is a suitable person
- 26 Investigations about suitability of applicants, nominated persons and licensees
- 27 Notice of change in criminal history
- 28 Costs of criminal history report
- 29 Use of information obtained under s 26 or s 27 30. (Repealed) 31. (Repealed)
Division 6 - Eligibility for licence
Subdivision 1 - Motor dealer licence- 32 Eligibility for motor dealer licence Subdivision 2 - Chattel auctioneer licence
- 33 Eligibility for chattel auctioneer licence Subdivision 3 - Chief executives and corporation sole
- 34 Public trustee is eligible for licence
- 35 Chief executive of department is eligible for licence
Division 7 - Issue of licences
- 36 Chief executive may issue or refuse to issue licence
- 37 Licence—public trustee
- 38 Licence—chief executive of department
- 39 Licence—conditions
Division 8 - Restrictions on performing activities under licences
Division 9 - Renewal and restoration of licences
Subdivision 1 - Renewal- 43 Application for renewal
- 44 Chief executive may renew or refuse to renew licence
- 45 Licence taken to be in force while application for renewal is considered Subdivision 2 - Restoration
- 46 Application for restoration
- 47 Licence taken to be in force while application for restoration is considered
- 48 Chief executive may restore or refuse to restore licence
Division 10 - Dealings with licences
Subdivision 1 - Transfer of licence- 49 Transfer of licence prohibited
- 50 Offence to sell, lend or borrow licence Subdivision 2 - Substitute licences
- 51 Appointment of substitute licensee—principal licensee—individual
- 52 Appointment of substitute licensee—employed licensee in charge of a licensee’s business at a place
- 53 Chief executive may appoint or refuse to appoint substitute licensee
- 54 Substitute licensee
- 55 Limitation on period of substitution Subdivision 3 - General
- 56 Amendment of licence conditions
- 57 Return of licence for amendment or replacement
- 58 Return of licence for suspension or cancellation
- 59 Surrender of licence
- 60 Licence may be deactivated
Division 11 - Suspension and cancellation of licences
Division 12 - General provisions about licences
- 64 Form of licence
- 65 Requirement to keep copy of licence available for inspection
- 66 Term of licence
- 67 Replacement licences
- 68 Register of licences
Division 13 - General provisions about licensees
- 69 Licensees to notify chief executive of changes in circumstances
- 70 Registered office
- 71 Licensee must notify chief executive of change in place of business etc.
- 72 Advertising
- 73 Licensee to obtain statement from seller of vehicle
- 74 Licensee to give statement to buyer of vehicle
- 75 Production of licence
PART 3 - MOTOR DEALERS
Division 1 - Motor dealers’ authorisation and responsibilities
- 76 What a motor dealer licence authorises
- 77 Responsibility for acts and omissions of motor salespersons
Division 2 - Carrying on business
- 78 Carrying on of business under motor dealer licence
- 79 Licensee to be in charge of motor dealer’s business at a place
- 80 Motor dealer dealing in motor vehicles
Division 3 - Appointment
Subdivision 1 - Requirements- 81 Appointment—sale on consignment
- 82 Content of appointment
- 83 Form of appointment
- 84 Giving signed appointment to client Subdivision 2 - Assignment
- 85 Proposal for assignment of appointment
Division 4 - Particular conduct provisions
Subdivision 1 - Consignment selling- 86 Trade-ins Subdivision 2 - Recovery of reward or expense
- 87 Commission may be claimed only for actual amounts
- 88 Restriction on remedy for reward or expense
- 89 Excess commission etc. to be repaid Subdivision 3 - Interests in motor vehicles
- 90 Definition for sdiv 3
- 91 Beneficial interest—options
- 92 Beneficial interest—other than options
- 93 Return of beneficial interest if in form of commission Subdivision 4 - Prescribed conduct provisions
- 94 Prescribed conduct provisions Subdivision 5 - Sales of used motor vehicles that are written-off vehicles
- 95 Notice to be given about used motor vehicle—written-off vehicle
Division 5 - Sale of motor vehicles by motor dealer
Division 6 - Cooling-off period
- 98 Definitions for div 6
- 99 Meaning of cooling-off period
- 100 Application of div 6
- 101 Particular vehicles for sale on consignment to be identified as not being subject to cooling-off period
- 102 Notice to be given about used motor vehicle—no prior contract
- 103 Option to purchase during cooling-off period
- 104 Buyer’s rights if notice not given or materially defective
- 105 Contract must contain cooling-off clause
- 106 Consideration for cooling-off period
- 107 Consideration for option
- 108 Harassment or coercion
- 109 Property does not pass during cooling-off period
- 110 Buyer may avoid contract during cooling-off period
- 111 Procedure for avoidance
- 112 What happens when contract avoided
- 113 Consideration for used motor vehicle during cooling-off period
Division 7 - Dealing with warranted and unwarranted vehicles
- 114 Definition for div 7
- 115 Statutory warranty for warranted vehicles
- 116 Unwarranted and restorable vehicles to be identified when offered for sale
- 116A Waiver of statutory warranty for restorable vehicles
Division 8 - General
Division 9 - Particular offences
- 119 Acting as motor dealer
- 120 Motor dealer must not act for more than 1 party
- 121 Employment of persons in motor dealer business
PART 4 - CHATTEL AUCTIONEERS
Division 1 - Chattel auctioneers’ authorisation
- 122 What a chattel auctioneer licence authorises
Division 2 - Carrying on business
- 123 Carrying on of business under chattel auctioneer licence
- 124 Licensee to be in charge of chattel auctioneer’s business at a place
Division 3 - Appointment
Subdivision 1 - Requirements- 125 Appointment of chattel auctioneer
- 126 Content of appointment
- 127 Form of appointment
- 128 Giving signed appointment to client Subdivision 2 - Assignment
- 129 Proposal for assignment of appointments
Division 4 - Particular conduct provisions
Subdivision 1 - Auctions of goods- 130 Buyer’s premium Subdivision 2 - Recovery of reward or expense
- 131 Commission may be claimed only for actual amounts
- 132 Restriction on remedy for reward or expense
- 133 Restriction on recovery of reward or expense above amount allowed
- 134 Excess commission etc. to be repaid Subdivision 3 - Interests in goods
- 135 Definition for sdiv 3
- 136 Beneficial interest—options
- 137 Beneficial interest—other than options
- 138 Return of beneficial interest if in form of commission
- 139 Non-application of s 137 for particular livestock sales Subdivision 4 - Prescribed conduct provisions
- 140 Prescribed conduct provisions Subdivision 5 - Sales of written-off vehicles
- 141 Announcements before auction—written-off vehicle
Division 5 - Sale of motor vehicles by auction
Division 6 - Dealing with warranted and unwarranted vehicles
- 144 Definition for div 6
- 145 Statutory warranty for warranted vehicles
- 146 Unwarranted and restorable vehicles to be identified when offered for sale
- 146A Bidders to register for auction of restorable vehicles
- 147 Announcements before auction
- 147A Effect of sale of restorable vehicle to registered bidder
Division 7 - General
- 148 Licensee’s disclosures to persons taking part in auction
Division 8 - Particular offences
PART 5 - REGISTRATION OF MOTOR SALESPERSONS
Division 1 - Categories of registration
- 151 Categories of registration certificate
Division 2 - Motor salespersons’ authorisation
- 152 What a registration certificate authorises
Division 3 - How to obtain registration
- 153 Steps involved in obtaining registration
Division 4 - Applications for registration
- 154 Application for registration
- 155 Particular persons can not make application
- 156 Requirement to give chief executive information or material about application
Division 5 - Suitability of applicants
- 157 Suitability of applicants
- 158 Chief executive must consider suitability of applicants
- 159 Investigations about suitability of applicants
- 160 Notice of change in criminal history
- 161 Costs of criminal history report
- 162 Use of information obtained under s 159 or s 160 163. (Repealed) 164. (Repealed)
Division 6 - Eligibility for registration
- 165 Eligibility for registration as motor salesperson
Division 7 - Issue of registration certificate
- 166 Chief executive may issue or refuse to issue registration certificate
- 167 Registration certificate—conditions
Division 8 - Renewal and restoration of registration certificates
Subdivision 1 - Renewal- 168 Application for renewal
- 169 Chief executive may renew or refuse to renew registration certificate
- 170 Registration certificate taken to be in force while application for renewal is considered Subdivision 2 - Restoration
- 171 Application for restoration
- 172 Chief executive may restore or refuse to restore registration certificate
- 173 Registration certificate taken to be in force while application for restoration is considered
Division 9 - Dealings with registration certificates
Subdivision 1 - Transfer of registration certificate- 174 Transfer of registration certificate prohibited
- 175 Offence to sell, lend or borrow registration certificate Subdivision 2 - General
- 176 Amendment of registration certificate conditions
- 177 Return of registration certificate for amendment or replacement
- 178 Return of registration certificate for suspension or cancellation
- 179 Surrender of registration certificate
Division 10 - Suspension and cancellation of registration certificates
Division 11 - General provisions about employee registration
- 183 Form of registration certificate
- 184 Requirement to keep copy of registration certificate available for inspection
- 185 Term of registration certificate
- 186 Replacement certificates
- 187 Register of registration certificates
- 188 Motor salespersons to notify chief executive of changes in circumstances
- 189 Production of registration certificate
- 190 Pretending to be motor salesperson
PART 6 - TRUST ACCOUNTS
- 191 Keeping trust accounts
PART 7 - PROCEEDINGS
Division 1 - Preliminary
- 192 Definitions for part
- 193 Jurisdiction
Division 2 - Disciplinary proceedings
Division 3 - Review proceedings
- 196 Person dissatisfied with chief executive’s decision may seek review
- 197 Stay of operation of decisions
- 198 QCAT may extend time
Division 4 - QCAT’s orders
Division 5 - Chief executive’s right of appeal
- 201 Appeal 202. (Repealed) 203. (Repealed)
PART 8 - INJUNCTIONS AND UNDERTAKINGS
Division 1 - Injunctions
- 204 Grounds for injunction
- 205 Who may apply for injunction
- 206 When injunction may be granted
- 207 Court’s powers for injunctions
- 208 Terms of injunction
- 209 Undertakings as to costs
Division 2 - Undertakings
- 210 Chief executive may seek undertaking after contravention
- 211 Undertaking about other matter
- 212 Variation and withdrawal of undertakings
- 213 Enforcement of undertakings
- 214 Register of undertakings
PART 9 - GENERAL CONTRAVENTIONS AND EVIDENTIARY MATTERS
Division 1 - General contraventions
- 215 Wrongful conversion and false accounts
- 216 False representations about goods
- 217 Chief executive’s power to ask for substantiation of representations
- 218 False representations about mileage
- 219 Tampering with odometers
- 220 Offence to charge fee for providing documents etc.
- 221 False or misleading statements
- 222 False or misleading documents
Division 2 - Evidentiary matters
- 223 Evidence of tampering by a motor dealer or chattel auctioneer
- 224 Continuing false representation—tampered with odometer
- 225 Evidentiary provisions
- 226 Entries in licensee’s documents
Division 3 - Proceedings
- 227 Proceedings for an offence
- 228 Responsibility for acts or omissions of representatives
- 229 Power of court
- 230 Allegations of false or misleading representations or statements etc.
PART 10 - GENERAL
- 230A Exchange of information
- 230B Confidentiality
- 231 Public warning statements
- 232 Civil remedies not affected
- 233 Criminal Proceeds Confiscation Act 2002 not limited
- 234 Delegation—chief executive
- 235 Approved forms
- 236 Regulation-making power
PART 11 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for repeal of PAMDA
- 237 Transitional provisions for repeal of PAMDA
Division 2 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016
- 238 Definitions for division
- 239 Applications not finally decided
- 240 Proceedings not finally decided
- 241 Reapplying for licences and registration certificates