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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Motor Car Traders Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Principal Act 2
4 Extension of purpose of Principal Act 2
5 Definitions 2
6 Deemed trading in motor cars 2
7 Grant or refusal of licences 3
8 Conditions of licence 4
9 Suspension of licence--claims on Fund 5
10 Application for permission where claim on Fund 7
11 Insertion of penalty for failing to keep a dealings book 8
12 Prohibited employees 8
13 Section 37 substituted 11
37 Dealing with young persons 11
14 Cooling off period 11
15 Aiding and abetting 12
16 New Part 3A inserted 13
PART 3A--SALE OF MOTOR CARS BY AUCTION 13
50C Definitions 13
50D Dummy bidding prohibited 13
50E Offences by auctioneers relating to bidding 14
50F Offence to procure dummy bid 14
50G Permissible vendor bids 15
50H Offence to falsely acknowledge bid 15
50I Contrary conditions are void 16
50J Auctioneer to keep records 16
17 Definition of cash price 16
18 Particulars to be displayed 17
19 New section 53 inserted 17
53 Motor car traders to provide name and address of
last owner 17
20 Name change for Committee 18
561088B.I-31/10/2007 i BILL LA INTRODUCTION 31/10/2007
Clause Page
21 New sections 68 and 69 inserted 18
68 Committee may require information from parties to
a claim 18
69 Director, police and public authorities to produce
information to Committee 19
22 Reasons for determination 20
23 New section 72 inserted 20
72 Secretary may take legal proceedings on behalf of
Committee 20
24 Claims on the Fund 21
25 Committee may take the conduct of parties into account 24
26 New section 77A inserted 25
77A Committee may postpone its determination 25
27 No further claim on refusal 26
28 Documents to be kept at office premises for 3 years 26
29 New section 121 inserted 26
121 Transitional--Motor Car Traders Amendment
Act 2007 26
30 New section 122 inserted 27
122 Further transitional--Motor Car Traders
Amendment Act 2007 27
31 Amendment of Interpretation of Legislation Act 1984--
definition of insolvent under administration 27
32 Amendments to other Acts 28
33 Repeal of Amending Act 28
__________________
SCHEDULE--Consequential Amendments 29
1. Appeal Costs Act 1998 29
2 Building Act 1993 29
3 Catchment and Land Protection Act 1994 29
4 Commissioner for Law Enforcement Data Security
Act 2005 29
5 Companies (Administration) Act 1981 29
6 Consumer Credit (Victoria) Act 1995 29
7 Emergency Services Telecommunications Authority
Act 2004 29
8 Environment Protection Act 1970 30
9 Estate Agents Act 1980 30
10 Film Act 2001 30
11 Fundraising Appeals Act 1998 30
12 Gambling Regulation Act 2003 30
13 Geothermal Energy Resources Act 2005 30
14 Health Services Act 1988 30
15 Information Privacy Act 2000 31
16 Instruments Act 1958 31
561088B.I-31/10/2007 ii BILL LA INTRODUCTION 31/10/2007
Clause Page
17 Introduction Agents Act 1997 31
18 Liquor Control Reform Act 1998 31
19 Major Crime (Investigative Powers) Act 2004 31
20 Major Crime (Special Investigations Monitor) Act 2004 31
21 Mental Health Act 1986 31
22 Outworkers (Improved Protection) Act 2003 31
23 Owner Drivers and Forestry Contractors Act 2005 32
24 Police Regulation Act 1958 32
25 Private Security Act 2004 32
26 Professional Standards Act 2003 32
27 Prostitution Control Act 1994 32
28 Public Administration Act 2004 32
29 Retirement Villages Act 1986 32
30 Second-Hand Dealers and Pawnbrokers Act 1989 32
31 Southern and Eastern Integrated Transport Authority
Act 2003 32
32 Sustainability Victoria Act 2005 32
33 Transport Act 1983 33
34 Travel Agents Act 1986 33
35 Victorian Civil and Administrative Tribunal Act 1998 33
36 Victorian Urban Development Authority Act 2003 33
37 Water Act 1989 33
38 World Swimming Championships Act 2004 33
ENDNOTES 34
561088B.I-31/10/2007 iii BILL LA INTRODUCTION 31/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Motor Car Traders Amendment Bill
2007
A Bill for an Act to amend the Motor Car Traders Act 1986, the
Interpretation of Legislation Act 1984 and other Acts and for other
purposes.
The Parliament of Victoria enacts:
1 Purposes
The main purposes of this Act are--
(a) to amend the Motor Car Traders Act 1986
to improve the operation of that Act; and
5 (b) to amend the Interpretation of Legislation
Act 1984 to insert a new definition of
insolvent under administration; and
(c) to make consequential amendments to other
Acts as a result of the amendment of the
10 Interpretation of Legislation Act 1984.
561088B.I-31/10/2007 1 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 December 2008, it comes into
operation on that day.
3 Principal Act
See: In this Act, the Motor Car Traders Act 1986 is
Act No.
104/1986. called the Principal Act.
Reprint No. 6
as at
1 December
2006
and
amending
Act No.
17/2007.
LawToday:
www.
legislation.
vic.gov.au
10 4 Extension of purpose of Principal Act
In section 1 of the Principal Act, for "purchase
motor cars" substitute "deal with motor car
traders".
5 Definitions
15 (1) In section 3(1) of the Principal Act, in the
definition of Committee for "Guarantee Fund
Claims Committee" substitute "Motor Car
Traders Claims Committee".
(2) In section 3(1) of the Principal Act, the definition
20 of insolvent under administration is repealed.
6 Deemed trading in motor cars
In section 7A(5) of the Principal Act, after
"advertisement" insert "(including by means of
broadcast or electronic communication)".
561088B.I-31/10/2007 2 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 7
7 Grant or refusal of licences
(1) In section 13(3) of the Principal Act, for
"a hearing" substitute "an oral hearing".
(2) In section 13(4)(m) of the Principal Act, for
5 "29A)." substitute "29A); or".
(3) After section 13(4)(m) of the Principal Act
insert--
"(n) the applicant is or was a partner or director
of, or a person concerned in the management
10 of, a partnership or body corporate that has
had a claim admitted against the Fund in
relation to an act or omission that occurred at
the time the person was a partner or director
of, or a person concerned in the management
15 of, the partnership or body corporate (unless
the applicant has obtained permission under
section 29A).".
(4) For sections 13(5)(a) and 13(5)(b) of the Principal
Act substitute--
20 "(a) is an associate (within the meaning of
section 13A) of a person--
(i) who has, within the last 10 years, been
convicted or been found guilty of a
serious offence (whether or not a
25 conviction was recorded); or
(ii) who has had a claim admitted against
the Fund; or
(iii) who the Authority is satisfied would
not be a fit and proper person to be a
30 licensee if the person were to apply for
a licence personally; or
561088B.I-31/10/2007 3 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 8
(b) is an associate (within the meaning of
section 13A) of a body corporate that has as
a director or secretary a person--
(i) who has, within the last 10 years, been
5 convicted or been found guilty of a
serious offence (whether or not a
conviction was recorded); or
(ii) who has had a claim admitted against
the Fund; or
10 (iii) who the Authority is satisfied would
not be a fit and proper person to be a
licensee if the director or secretary were
to apply for a licence personally; or".
(5) After section 13(6)(l)(iii) of the Principal Act
15 insert--
"(iiia) is or was a partner or director of, or a person
concerned in the management of, another
partnership or body corporate that has had a
claim admitted against the Fund in relation to
20 an act or omission that occurred at the time
the person was a partner or director of, or a
person concerned in the management of, the
partnership or body corporate (unless the
person has obtained permission under
25 section 29A); or".
8 Conditions of licence
(1) After section 14(2) of the Principal Act insert--
"(2A) Without limiting the generality of
subsection (1), the Authority may impose
30 conditions or vary or revoke conditions
under this section at the request of the
Committee.".
(2) In section 14(3) of the Principal Act, after
"Authority" (where secondly occurring) insert
35 "or the Committee".
561088B.I-31/10/2007 4 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 9
9 Suspension of licence--claims on Fund
(1) After section 29(1) of the Principal Act insert--
"(1A) If a licence of a partnership or a body
corporate is suspended under subsection (1),
5 the licence of any partner or director of the
partnership or body corporate is
automatically suspended 30 days after the
end of the application period for that partner
or director.
10 (1B) A licence of a partnership or body corporate
is automatically suspended at the end of the
notice period for the partnership or body
corporate if a person whose licence has been
suspended under subsection (1A) is still a
15 partner or director of, or a person concerned
in the management of, the partnership or
body corporate at the end of the notice
period.".
(2) After section 29(2) of the Principal Act insert--
20 "(2A) The Authority must give notice in writing of
a proposed suspension under subsection (1A)
by serving it on the partner or director
affected by the suspension.
(2B) The notice under subsection (2A) must state
25 that--
(a) the person notified may apply under
section 29A within 30 days after the
date the notice was served on the
person for permission to prevent the
30 suspension from taking effect; and
(b) if the person does not apply under
section 29A for permission or the
application is refused or withdrawn, the
licence of any other partnership or body
35 corporate will be automatically
suspended at the end of the notice
561088B.I-31/10/2007 5 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 9
period for that partnership or body
corporate if the person is still a partner
or director of, or a person concerned in
the management of, the partnership or
5 body corporate at the end of that notice
period.
(2C) The Authority must serve notice in writing of
a proposed suspension under subsection (1A)
on a partnership or body corporate that is a
10 licensee if the person who is subject to the
proposed suspension is a partner or director
of, or a person concerned in the management
of, the partnership or body corporate.
(2D) The notice under subsection (2C) must state
15 that--
(a) a notice has been served on a person
under subsection (2A) and the date on
which the notice was served; and
(b) if an application under section 29A is
20 not made by that person or is refused or
withdrawn, the licence of the
partnership or body corporate will be
automatically suspended if the person is
still a partner or director of, or a person
25 concerned in the management of, the
partnership or body corporate at the end
of the notice period for that partnership
or body corporate.".
(3) In section 29(3) of the Principal Act, for
30 "This section" substitute "Subsection (1)".
(4) After section 29(3) of the Principal Act insert--
"(4) Subsections (1A) and (1B) do not apply if
the circumstances giving rise to a claim
occurred before section 9 of the Motor Car
35 Traders Amendment Act 2007 came into
operation.
561088B.I-31/10/2007 6 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 10
(5) In this section--
application period in relation to a person,
means the later of--
(a) the period of 30 days after the date
5 on which a notice was served on
the person under subsection (2A);
or
(b) if the person makes an application
under section 29A within the
10 period referred to in paragraph (a),
the date of withdrawal or refusal
of the application;
notice period in relation to a partnership or
body corporate, means the period of
15 30 days after the end of the application
period relating to a person who is a
partner or director of, or a person
concerned in the management of, the
partnership or body corporate.".
20 10 Application for permission where claim on Fund
(1) For sections 29A(1) and 29A(1A) of the Principal
Act substitute--
"(1) This section applies to--
(a) a person in relation to whom a claim
25 has been admitted against the Fund; or
(b) a person whose licence is subject to
automatic suspension under section 29.
(1A) For the purposes of this section, person
includes a partnership.".
30 (2) In section 29A(3) of the Principal Act, for
"The Authority may" substitute "Subject to
subsection (4), the Authority may".
561088B.I-31/10/2007 7 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 11
(3) After section 29A(3) of the Principal Act insert--
"(4) The Authority may grant an application by a
partnership or body corporate whose licence
would otherwise be suspended under section
5 29(1B) if the Authority is satisfied that the
granting of the application is not contrary to
the public interest.".
11 Insertion of penalty for failing to keep a dealings
book
10 (1) In section 35(1) of the Principal Act, for
"Every motor car trader" substitute "A motor car
trader".
(2) At the foot of section 35(1) of the Principal Act
insert--
15 "Penalty: 50 penalty units.".
12 Prohibited employees
(1) After section 35A(1)(a) of the Principal Act
insert--
"(ab) is or was a partner or director of, or a person
20 concerned in the management of, a
partnership or body corporate that has had a
claim admitted against the Fund in relation to
an act or omission that occurred at the time
the person was a partner or director of, or a
25 person concerned in the management of, the
partnership or body corporate (unless the
person has obtained permission under
section 29A);".
(2) In section 35A(1)(d) of the Principal Act, for
30 "jurisdiction);" substitute "jurisdiction).".
(3) Section 35A(1)(e) of the Principal Act is
repealed.
561088B.I-31/10/2007 8 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 12
(4) For section 35A(3) of the Principal Act
substitute--
"(3) A motor car trader must not employ any
person in any customer service capacity in
5 connection with the motor car trader's
business unless the motor car trader has been
given a notice in the prescribed form that
contains a declaration of the person stating
whether or not he or she--
10 (a) has had a claim admitted against the
Fund;
(b) is or was a partner or director of, or a
person concerned in the management
of, a partnership or body corporate that
15 has had a claim admitted against the
Fund in relation to an act or omission
that occurred at the time the person was
a partner or director of, or a person
concerned in the management of, the
20 partnership or body corporate;
(c) has, within the last 10 years, been
convicted or found guilty of a serious
offence (whether or not a conviction
was recorded);
25 (d) is for the time being disqualified from
holding a licence;
(e) is for the time being disqualified from
being employed in any capacity in
connection with the business of a motor
30 car trader (regardless of whether or not
motor car traders are referred to by that
name in the relevant jurisdiction);
561088B.I-31/10/2007 9 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 12
(f) has obtained permission under
section 29A or 29B in relation to a
matter referred to in paragraphs (a)
to (c).
5 Penalty: 50 penalty units.
(4) A person is disqualified from being
employed in a customer service capacity in
connection with a motor car trader's business
unless the person gives the motor car
10 trader--
(a) before starting employment, a police
check that is not more than 6 months
old; or
(b) within 6 weeks after starting
15 employment, a police check that is not
more than 6 weeks old.
(5) In this section--
customer service capacity means any
position that requires the holder of the
20 position to deal with members of the
public who are buying, selling or
exchanging motor cars or who are
seeking to buy, sell or exchange motor
cars;
25 police check means a certificate from the
Chief Commissioner of Police that
indicates that the person is not
ineligible to be employed by a motor
car trader in a customer service
30 capacity under subsection (1)(b).".
561088B.I-31/10/2007 10 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 13
13 Section 37 substituted
For section 37 of the Principal Act substitute--
"37 Dealing with young persons
A motor car trader must not knowingly, or
5 knowingly purport to--
(a) sell or give a motor car to a person who
is under the age of 18; or
(b) buy, take in exchange or receive
possession of, a motor car from a
10 person who is under the age of 18.
Penalty: 10 penalty units.".
14 Cooling off period
(1) In section 43(1) of the Principal Act omit
"used motor car or an off-trade-premises sales
15 agreement of any".
(2) After section 43(1A) of the Principal Act insert--
"(1B) A motor car trader must provide a purchaser
(not being a motor car trader or a body
corporate) with a copy of the prescribed form
20 before the purchaser enters into an
agreement for the sale of a motor car.
Penalty: 10 penalty units.
(1C) The prescribed form under subsection (1B)
must set out--
25 (a) a statement of the purchaser's rights
under this section to terminate the
agreement; and
(b) an explanation of the effect of a waiver
under this section of the right to
30 terminate the agreement; and
(c) the form of that waiver.".
561088B.I-31/10/2007 11 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 15
(3) In section 43(2) of the Principal Act, before
"prescribed form" insert "waiver in the".
(4) After section 43(2) of the Principal Act insert--
"(2A) A motor car trader must, subject to and in
5 accordance with the regulations, retain a
copy of any prescribed form signed by a
purchaser under subsection (2).
Penalty: 10 penalty units.".
(5) For section 43(4)(a) of the Principal Act
10 substitute--
"(a) the vendor under the agreement must pay to
the purchaser all money received by the
vendor less--
(i) in the case of an agreement for the sale
15 of a used motor car or an off-trade-
premises sales agreement of any motor
car, the sum of $100 or 1 per cent of the
purchase price under the agreement
(whichever is the greater); or
20 (ii) in the case of an agreement for the sale
of a new motor car that is not an off-
trade-premises sales agreement, the
sum of $400 or 2 per cent of the
purchase price under the agreement
25 (whichever is the greater); and
(ab) the vendor under the agreement must return
to the purchaser any motor car given in
satisfaction of any part of the purchase price;
and".
30 15 Aiding and abetting
At the foot of section 50A(1) of the Principal Act
insert--
"Penalty: 60 penalty units.".
561088B.I-31/10/2007 12 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 16
16 New Part 3A inserted
After Part 3 of the Principal Act insert--
"PART 3A--SALE OF MOTOR CARS BY
AUCTION
5 50C Definitions
In this Part--
auction means public auction or trade-only
auction;
trade-only auction means an auction that is
10 only open to motor car traders or
special traders (or both) or persons
acting on their behalf.
50D Dummy bidding prohibited
(1) An owner of a motor car must not make a
15 bid at an auction of the motor car.
Penalty: In the case of a natural person:
60 penalty units;
In the case of a body corporate:
240 penalty units.
20 (2) A person must not make a bid at an auction
of a motor car knowing that the bid is being
made on behalf of an owner of the motor car.
Penalty: In the case of a natural person:
60 penalty units;
25 In the case of a body corporate:
240 penalty units.
Note
Section 50G provides for some permissible vendor
bids.
561088B.I-31/10/2007 13 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 16
(3) For the purposes of subsection (2), a bid may
be found to have been made on behalf of an
owner even though it is not made at the
request of, or with the knowledge of, the
5 owner.
(4) Evidence that a person who made a bid at an
auction of a motor car had the intention of
benefiting an owner in making the bid is
evidence that the person made the bid on
10 behalf of the owner.
(5) It is immaterial that the person making a bid
in contravention of this section is not in
Victoria at the time the bid is made.
50E Offences by auctioneers relating to
15 bidding
(1) The auctioneer of a motor car at an auction
must not accept a bid at the auction if he or
she knows that the bid was made by, or on
behalf of, an owner of the motor car.
20 Penalty: 60 penalty units.
(2) The auctioneer of a motor car at an auction
must not acknowledge the making of a bid at
the auction if no bid was made.
Penalty: 60 penalty units.
25 50F Offence to procure dummy bid
A person must not procure another person to
make a bid at an auction of a motor car that
is contrary to section 50D.
Penalty: In the case of a natural person:
30 60 penalty units;
In the case of a body corporate:
240 penalty units.
561088B.I-31/10/2007 14 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 16
50G Permissible vendor bids
(1) Despite section 50D(2), the auctioneer of a
motor car at an auction may make a bid on
behalf of an owner of the motor car if--
5 (a) before any bidding starts, the auctioneer
orally declares at the auction that the
auctioneer may make a bid on behalf of
the owner; and
(b) in the case of a public auction,
10 immediately before, or in the process
of, making the bid, the auctioneer
audibly states that the bid is being made
on behalf of the owner.
(2) It is sufficient compliance with the
15 requirement under subsection (1)(b) to
identify a bid as a bid on behalf of the owner
if the auctioneer states "vendor bid" in
making the bid.
(3) It is not sufficient compliance with the
20 requirement under subsection (1)(b) to
identify a bid as a bid on behalf of the owner
if the auctioneer merely identifies the owner
by name without stating that the person is an
owner of the motor car.
25 50H Offence to falsely acknowledge bid
A person at an auction of a motor car must
not falsely claim to have made a bid or
falsely acknowledge that he or she made a
bid.
30 Penalty: 60 penalty units.
561088B.I-31/10/2007 15 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 17
50I Contrary conditions are void
Any conditions applying to the sale of any
motor car at an auction that are contrary to,
or purport to restrict or modify, any
5 requirement imposed by or under this Part
are void.
50J Auctioneer to keep records
(1) The auctioneer of a motor car sold at a public
auction must obtain, and keep a record of,
10 the name and address of--
(a) the owner selling the motor car; and
(b) the purchaser of the motor car.
Penalty: 10 penalty units.
(2) An auctioneer must make the records kept
15 under subsection (1) available for
inspection--
(a) on request by an inspector or the
Committee; or
(b) in the case of a specified vehicle, on
20 request by a member of the police
force.
__________________".
17 Definition of cash price
In section 51 of the Principal Act, for the
25 definition of cash price substitute--
"cash price in relation to the sale of a motor car,
means the price at which the vendor is
willing to sell the motor car for cash
(excluding duties and transfer fees);".
561088B.I-31/10/2007 16 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 18
18 Particulars to be displayed
(1) For sections 52(2)(a) and 52(2)(b) of the Principal
Act substitute--
"(a) the name and business address of the current
5 owner of the motor car;
(b) if the last owner of the motor car was a
motor car trader or a special trader, the name
and business address of that trader or special
trader;
10 (ba) if the last owner of the motor car was neither
a motor car trader nor a special trader and the
name and address of the last owner are
known to the motor car trader, the words
"Name and address available upon
15 request";".
(2) After section 52(6) of the Principal Act insert--
"(7) In this section commercial vehicle does not
include a motor car that has a vehicle
category code of NA stamped on its
20 compliance plate (regardless of whether that
code appears by itself or in combination with
one or more numbers).".
19 New section 53 inserted
After section 52 of the Principal Act insert--
25 "53 Motor car traders to provide name and
address of last owner
A motor car trader must provide the name
and address of the last owner of a motor car
(if that information is known to the motor car
30 trader) to a prospective purchaser of the
motor car on request if the last owner was
not a motor car trader or a special trader.
Penalty: 10 penalty units.".
561088B.I-31/10/2007 17 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 20
20 Name change for Committee
(1) For the heading to Part 5 of the Principal Act
substitute--
"PART 5--MOTOR CAR TRADERS CLAIMS
5 COMMITTEE AND GUARANTEE FUND".
(2) For the heading to Division 1 of Part 5 of the
Principal Act substitute--
"Division 1--Motor Car Traders Claims
Committee".
10 (3) Insert the following heading to section 57 of the
Principal Act--
"Motor Car Traders Claims Committee".
(4) In section 57(1) of the Principal Act, for
"Guarantee Fund Claims Committee" substitute
15 "Motor Car Traders Claims Committee".
21 New sections 68 and 69 inserted
After section 67 of the Principal Act insert--
"68 Committee may require information from
parties to a claim
20 (1) For the purpose of obtaining information
relevant to the determination of a claim, the
Committee may--
(a) require a claimant or any other party to
a claim to provide any further
25 information that the Committee thinks
fit in the manner required by the
Committee; or
(b) seek advice and information on the
claim from any other person or body or
30 source as it thinks fit.
561088B.I-31/10/2007 18 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 21
(2) The Committee may refuse a claim in whole
or in part if the claimant does not provide the
further information required within a
reasonable time of the requirement being
5 made.
(3) The Committee may admit a claim in whole
or in part if a motor car trader who is party to
the claim does not provide the further
information required within a reasonable
10 time of the requirement being made.
69 Director, police and public authorities to
produce information to Committee
(1) The Committee may request a specified
public body to provide a report to the
15 Committee in respect of any matter relevant
to the determination of a claim.
(2) If the Committee obtains information in
respect of a claim, the Committee may
disclose that information to--
20 (a) the claimant; or
(b) the motor car trader; or
(c) any other person (including a specified
public body)--
if the Committee considers it reasonable to
25 disclose the information to that person for
the purpose of obtaining information to
determine the claim.
(3) In this section specified public body
means--
30 (a) the Director; or
(b) the Authority; or
(c) the Roads Corporation; or
(d) the Chief Commissioner of Police.".
561088B.I-31/10/2007 19 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 22
22 Reasons for determination
(1) For section 71(1) of the Principal Act
substitute--
"(1) Any person whose interests are affected by a
5 determination of the Committee may request
a copy in writing of the reasons for the
determination--
(a) before or within 14 days after the
Committee makes the determination;
10 and
(b) on payment to the Secretary of the
prescribed fee (if any).".
(2) After section 71(2) of the Principal Act insert--
"(3) The Committee may give a copy of a
15 determination of the Committee to any
person on request.".
23 New section 72 inserted
After section 71 of the Principal Act insert--
"72 Secretary may take legal proceedings on
20 behalf of Committee
(1) Legal proceedings may be taken by or
against the Secretary acting on behalf of the
Committee in the name of "Secretary to the
Motor Car Traders Claims Committee".
25 (2) A person who takes legal proceedings in the
name of the Secretary to the Motor Car
Traders Claims Committee is taken to be
authorised to take those proceedings, in the
absence of evidence to the contrary.
30 (3) The Secretary, on behalf of the Committee,
may apply to a court or the Tribunal to set
aside an order of the court or the Tribunal
(as the case requires) against a motor car
trader if--
561088B.I-31/10/2007 20 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 24
(a) the Committee has information that is
relevant to the matters that are the
subject of the order, and that
information has not been presented to
5 the court or the Tribunal; and
(b) the motor car trader is unable or
unwilling to take any further legal
action in respect of the order.".
24 Claims on the Fund
10 (1) In section 76(1) of the Principal Act, for "(not
being a motor car trader or a special trader)"
substitute "(other than a person specified in
subsection (6))".
(2) In section 76(1)(a) of the Principal Act, for
15 "sections" substitute "section".
(3) In section 76(1)(a) of the Principal Act, for
"54(2C) and 56(2)" substitute "54(2C) or 56(2)".
(4) In section 76(1)(b) of the Principal Act, after
"a motor car" insert--
20 ", including, without limitation--
(i) the motor car continuing to be subject to a
registered security interest which was
registered before the motor car trader sold
the motor car; or
25 (ii) the motor car being a stolen motor car or
having been seized by a member of the
police force as a suspected stolen motor car".
(5) In section 76(1)(d) of the Principal Act omit
"new or unregistered".
30 (6) In section 76(1)(f) of the Principal Act, for
"motor cars." substitute "motor cars; or".
561088B.I-31/10/2007 21 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 24
(7) After section 76(1)(f) of the Principal Act
insert--
"(g) loss has been incurred from a failure of a
motor car trader to comply with an
5 agreement to refund the whole or part of a
deposit or any other amount following
termination of a contract for sale of a motor
car; or
(h) loss has been incurred from a failure of a
10 motor car trader to deliver a motor car after
payment of the purchase price for the motor
car.".
(8) In section 76(2) of the Principal Act omit "(other
than an inventory security interest)".
15 (9) Section 76(3) of the Principal Act is repealed.
(10) In section 76(4) of the Principal Act--
(a) in paragraph (a) omit "(other than an
inventory security interest)";
(b) in paragraph (d) for "special trader; and"
20 substitute "special trader--";
(c) paragraph (e) is repealed;
(d) for "failures" substitute "failure";
(e) for "paragraphs (d) and (e)" substitute
"paragraph (d)";
25 (f) for "amount the motor car trader should have
remitted" substitute "agreed amount".
(11) After section 76(4) of the Principal Act insert--
"(4A) The following persons are not entitled to
make a claim against the Fund--
30 (a) a motor car trader;
(b) a special trader (except as provided in
subsection (2));
561088B.I-31/10/2007 22 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 24
(c) a person who would be a motor car
trader if the transactions engaged in by
that person were not exempt
transactions for the purposes of the
5 definition of trading in motor cars;
(d) a public statutory authority;
(e) a finance broker within the meaning of
Part 4A of the Consumer Credit
(Victoria) Act 1995.
10 (4B) In this section a reference to a person who
sold a car to a motor car trader includes a
reference to a person--
(a) who purported to sell the car to a motor
car trader; and
15 (b) who has transferred possession of the
motor car to that motor car trader; and
(c) who, immediately before that purported
sale, was a person to whom the motor
car was deemed under section 4 to have
20 been leased or sold.".
(4C) A reference in subsection (2) or (4) to a
security interest does not include--
(a) an inventory security interest; or
(b) a security interest under an agreement
25 entered into between the financier and a
person who the financier knows is a
partner or director of, or a person
concerned in the management of, a
partnership or body corporate that is a
30 licensed motor car trader.".
561088B.I-31/10/2007 23 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 25
25 Committee may take the conduct of parties into
account
(1) After section 77(1) of the Principal Act insert--
"(2) The Committee may refuse a claim if it
5 considers that there has been an
unreasonable delay in making the claim.
(3) The Committee may refuse a claim by a
financier under section 76 in relation to a
motor car trader if the financier has not given
10 the required notice to the Director under
section 49 in respect of that motor car trader.
(3A) When determining a claim or the amount of
a claim, the Committee may take into
account any matters that it considers
15 relevant, including--
(a) the conduct of the claimant and any
other parties to the claim;
(b) any delay by the claimant in making the
claim and whether the delay was
20 reasonable;
(c) whether and to what extent the claimant
contributed to the loss that is the
subject of the claim;
(d) any other matter the Committee
25 considers relevant.".
(2) In section 77(4)(b) of the Principal Act, after
"certificate" insert ", subject to subsection (4B)".
(3) After section 77(4) of the Principal Act insert--
"(4A) The Committee is not required to conduct an
30 oral hearing to determine whether to admit or
refuse a claim.
561088B.I-31/10/2007 24 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 26
(4B) The Committee may defer payment of a
claim until the later of--
(a) the end of the period within which an
application for review may be brought
5 under section 79; or
(b) if an application for review is brought
within that time, 14 days after the
withdrawal or final determination of the
application for review.".
10 (4) After section 77(5) of the Principal Act insert--
"(6) A certificate issued by the Secretary to the
Committee which attests to the payment of a
claim admitted against the Fund in respect of
a motor car trader is evidence and, in the
15 absence of evidence to the contrary, proof of
a debt owed by that motor car trader to the
Committee.".
26 New section 77A inserted
After section 77 of the Principal Act insert--
20 "77A Committee may postpone its
determination
The Committee may postpone making a
determination on a claim for such period as it
considers reasonable and necessary if--
25 (a) prior to a determination being made on
the claim, any or all of the matters that
are the subject of the claim are the
subject of pending legal proceedings; or
(b) there is a reasonable expectation that
30 the claim will be resolved between the
parties; or
561088B.I-31/10/2007 25 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 27
(c) the motor car is the subject of a police
investigation; or
(d) the Committee considers it appropriate
in the circumstances.".
5 27 No further claim on refusal
At the end of section 78 of the Principal Act
insert--
"(2) If a claim is refused, the claimant is not
entitled to make a further claim against the
10 Fund in respect of the same matter unless the
Committee is satisfied that exceptional
circumstances warrant the making of the
further claim.
(3) The exceptional circumstances that the
15 Committee may consider under subsection
(2) include, without limitation, the
identification of information that was not
available when the original claim was
made.".
20 28 Documents to be kept at office premises for 3 years
In section 82A(1) of the Principal Act, after
"that office" insert "for the previous 3 years".
29 New section 121 inserted
After section 120 of the Principal Act insert--
25 "121 Transitional--Motor Car Traders
Amendment Act 2007
Despite anything to the contrary in this Act,
section 35A (as in force immediately before
the commencement of section 12 of the
30 Motor Car Traders Amendment Act 2007)
continues to apply to the employment of any
person by a motor car trader by whom the
person was employed immediately before
that commencement.".
561088B.I-31/10/2007 26 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 30
30 New section 122 inserted
At the end of Part 8 of the Principal Act insert--
"122 Further transitional--Motor Car Traders
Amendment Act 2007
5 The Motor Car Traders Claims Committee is
the same body as the Guarantee Fund Claims
Committee despite the change in its name by
section 20 of the Motor Car Traders
Amendment Act 2007.".
10 31 Amendment of Interpretation of Legislation Act
1984--definition of insolvent under administration
In section 38 of the Interpretation of Legislation
Act 1984, for the definition of insolvent under
administration substitute--
15 "insolvent under administration means--
(a) a person who is an undischarged
bankrupt within the meaning of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
20 provisions of the law of another
jurisdiction); or
(b) a person who has executed a deed of
arrangement under Part X of the
Bankruptcy Act 1966 of the
25 Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the terms of the deed
have not been fully complied with; or
(c) a person whose creditors have accepted
30 a composition under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if a final payment has not
35 been made under that composition; or
561088B.I-31/10/2007 27 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
s. 32
(d) a person for whom a debt agreement
has been made under Part IX of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
5 provisions of the law of another
jurisdiction) if the debt agreement has
not ended or has not been terminated;
or
(e) a person who has executed a personal
10 insolvency agreement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) but not if the agreement
15 has been set aside or terminated or all
of the obligations that the agreement
created have been discharged;".
32 Amendments to other Acts
An Act set out in the heading to an item in the
20 Schedule is amended as set out in that item.
33 Repeal of Amending Act
This Act is repealed on 1 December 2009.
__________________
561088B.I-31/10/2007 28 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
Sch.
SCHEDULE
Section 33
CONSEQUENTIAL AMENDMENTS
1. Appeal Costs Act 1998
5 In section 3(1), the definition of insolvent under
administration is repealed.
2 Building Act 1993
In section 221B(1), the definition of insolvent
under administration is repealed.
10 3 Catchment and Land Protection Act 1994
In section 18C(1)(b) omit "(within the meaning of
the Corporations Act)";
4 Commissioner for Law Enforcement Data Security
Act 2005
15 In section 9(b) omit "within the meaning of the
Corporations Act".
5 Companies (Administration) Act 1981
In section 11(8)(b) omit "within the meaning of
the Companies (Victoria) Code".
20 6 Consumer Credit (Victoria) Act 1995
In section 3(1), the definition of insolvent under
administration is repealed.
7 Emergency Services Telecommunications Authority
Act 2004
25 In section 3, the definition of insolvent under
administration is repealed.
561088B.I-31/10/2007 29 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
Sch.
8 Environment Protection Act 1970
8.1 For section 7(3)(g) substitute--
"(g) if the holder of the office becomes an
insolvent under administration; or".
5 8.2 In section 10(3)(a) omit "within the meaning of
the Corporations Act".
8.3 In section 50AG(3)(a) omit "within the meaning
of the Corporations Act".
8.4 In section 50AH(2)(a) omit "within the meaning
10 of the Corporations Act".
9 Estate Agents Act 1980
In section 4(1), the definition of insolvent under
administration is repealed.
10 Film Act 2001
15 In the Schedule, in clause 2(5)(e) omit "within the
meaning of the Corporations Act".
11 Fundraising Appeals Act 1998
In section 3, the definition of insolvent under
administration is repealed.
20 12 Gambling Regulation Act 2003
In section 1.3(1), the definition of insolvent under
administration is repealed.
13 Geothermal Energy Resources Act 2005
In section 74(h) omit "within the meaning of the
25 Corporations Act".
14 Health Services Act 1988
14.1 In section 65V(3)(d) omit "within the meaning of
the Corporations Act".
14.2 In section 134F(4)(d) omit "within the meaning of
30 the Corporations Act".
561088B.I-31/10/2007 30 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
Sch.
15 Information Privacy Act 2000
In section 3, the definition of insolvent under
administration is repealed.
16 Instruments Act 1958
5 In section 114(1), in the definition of insolvent
omit "as that expression is defined in the
Corporations Act".
17 Introduction Agents Act 1997
17.1 In section 14(3), the definition of insolvent under
10 administration is repealed.
17.2 Section 14(4) is repealed.
18 Liquor Control Reform Act 1998
In section 3(1), the definition of insolvent under
administration is repealed.
15 19 Major Crime (Investigative Powers) Act 2004
In section 24(1)(b) omit "within the meaning of
the Corporations Act".
20 Major Crime (Special Investigations Monitor)
Act 2004
20 In section 8(b) omit "within the meaning of the
Corporations Act".
21 Mental Health Act 1986
21.1 In section 117G(2)(d) omit "within the meaning
of the Corporations Act".
25 21.2 In section 117H(4)(d) omit "within the meaning
of the Corporations Act".
22 Outworkers (Improved Protection) Act 2003
In the Schedule, in clause 4(3)(a) omit "within the
meaning of the Corporations Act".
561088B.I-31/10/2007 31 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
Sch.
23 Owner Drivers and Forestry Contractors Act 2005
In Schedule 1, in clause 5(3)(a) omit "within the
meaning of the Corporations Act".
24 Police Regulation Act 1958
5 In section 3(1), the definition of insolvent under
administration is repealed.
25 Private Security Act 2004
In section 3, the definition of insolvent under
administration is repealed.
10 26 Professional Standards Act 2003
In Schedule 2, in clause 5(1)(d) omit "within the
meaning of the Corporations Act".
27 Prostitution Control Act 1994
In section 3(1), the definition of insolvent under
15 administration is repealed.
28 Public Administration Act 2004
In sections 39(3)(a), 39(5)(a) and 89(8)(a) omit
"(within the meaning of the Corporations Act)".
29 Retirement Villages Act 1986
20 Section 17(3) is repealed.
30 Second-Hand Dealers and Pawnbrokers Act 1989
In section 3(1), the definition of insolvent under
administration is repealed.
31 Southern and Eastern Integrated Transport
25 Authority Act 2003
In section 11(1)(b) omit "as defined in section 9
of the Corporations Act".
32 Sustainability Victoria Act 2005
In section 10(2)(a) omit "within the meaning of
30 the Corporations Act".
561088B.I-31/10/2007 32 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
Sch.
33 Transport Act 1983
In sections 9M(d) and 83F(1)(d) omit "within the
meaning of the Corporations Act".
34 Travel Agents Act 1986
5 In section 3(1), the definition of insolvent under
administration is repealed.
35 Victorian Civil and Administrative Tribunal
Act 1998
In section 3, the definition of insolvent under
10 administration is repealed.
36 Victorian Urban Development Authority Act 2003
In section 23(1)(b) omit "within the meaning of
the Corporations Act".
37 Water Act 1989
15 37.1 In section 100(1)(b) omit "within the meaning of
the Corporations Act).
37.2 In section 305FF(4)(c) omit "within the meaning
of the Corporations Act".
38 World Swimming Championships Act 2004
20 In Schedule 1, in clause 6(1)(e) omit "within the
meaning of the Corporations Act".
561088B.I-31/10/2007 33 BILL LA INTRODUCTION 31/10/2007
Motor Car Traders Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561088B.I-31/10/2007 34 BILL LA INTRODUCTION 31/10/2007
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