MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - As at 19 February 2024 - Act 20 of 2014

Table of Provisions

• Long Title

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

• 5 Financial institutions and trustee companies
• 6 Particular auctions
• 7 Administrators etc.

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 (Repealed) 31. (Repealed)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

• 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

• 40 Restriction—corporations
• 41 Restriction—individuals
• 42 Restriction—conditions

Division 9 - Renewal and restoration of licences

• 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

• 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

• 61 Immediate suspension
• 62 Immediate cancellation
63. (Repealed)

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

• 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

• 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

• 96 Obligation to give clear title
• 97 Contract must contain statement of guarantee of clear title

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

• 117 Motor dealer to keep transactions register
• 118 Contract of sale

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

• 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

• 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

• 142 Obligation to give clear title
• 143 Contract must contain statement of guarantee of clear title

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

• 149 Acting as chattel auctioneer
• 150 Chattel auctioneer must not act for more than 1 party

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

• 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

• 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

• 180 Immediate suspension
• 181 Immediate cancellation
182. (Repealed)

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

• 194 Grounds for starting disciplinary proceedings
• 195 Starting 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

• 199 Orders QCAT may make on disciplinary hearing
• 200 Stopping contraventions

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
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3