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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Motor Car Traders and Fair Trading Acts
(Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF MOTOR CAR TRADERS ACT 1986 3
3. Dealings book 3
4. Documents available for inspection 4
5. Specified persons to produce documents and answer questions 5
6. Simplified procedure concerning proof that person traded in
motor cars 5
PART 3--AMENDMENT OF FAIR TRADING ACT 1999 7
7. Orders against persons found to have contravened this Act 7
ENDNOTES 8
i
551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Motor Car Traders Act 1986 and the Fair Trading
Act 1999 and for other purposes.
Motor Car Traders and Fair Trading
Acts (Amendment) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Motor Car Traders Act 1986
to facilitate the use of an electronic dealings
5
book and to simplify record keeping
requirements and evidentiary procedures;
and
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551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Part 1--Preliminary
s. 2
(b) to amend the Fair Trading Act 1999 to
clarify the orders a court can make under that
Act.
2. Commencement
(1) Section 1, this section and Part 3 come into
5
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 December 2006,
it comes into operation on that day.
__________________
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551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Part 2--Amendment of Motor Car Traders Act 1986
s. 3
See:
PART 2--AMENDMENT OF MOTOR CAR TRADERS
Act No.
ACT 1986 104/1986.
Reprint No. 5
as at
3. Dealings book 10 December
2003
(1) Section 35(4) of the Motor Car Traders Act and
1986 is repealed.
5 amending
Act Nos
(2) For section 35(8) of the Motor Car Traders Act 103/2004,
108/2004 and
1986 substitute-- 18/2005.
LawToday:
"(8) It is sufficient compliance with sub- www.dms.
dpc.vic.
section (2)(b) if-- gov.au
(a) a motor car trader keeps a paper
10
document--
(i) that identifies in the prescribed
manner the name and address of
the person from whom the motor
car was acquired and that is signed
15
as prescribed; or
(ii) if a used motor car is acquired by
the motor car trader at auction,
that identifies in the prescribed
manner the name and address of
20
the auctioneer and that is signed as
prescribed; and
(b) the dealings book identifies that
document in relation to that transaction
in the prescribed manner; and
25
(c) the motor car trader stores that paper
document with all the other documents
required under this Act to be kept in
relation to that transaction.".
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551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Part 2--Amendment of Motor Car Traders Act 1986
s. 4
(3) After section 35(8) of the Motor Car Traders
Act 1986 insert--
"(9) If a dealings book is kept in an electronically
readable form and the motor car trader does
not comply with sub-section (8) in relation to
5
a transaction, then for the purposes of sub-
section (2), the motor car trader must ensure
that--
(a) the entries relating to a transaction are
copied on to paper; and
10
(b) the paper is then signed as prescribed;
and
(c) all such papers are stored together.".
4. Documents available for inspection
After section 82A(2) of the Motor Car Traders
15
Act 1986 insert--
"(3) Despite sub-section (1), if a licensed motor
car trader carries on business as a motor car
trader at more than one premises and keeps a
dealings book in an electronically readable
20
form under section 35, the motor car trader
may keep the dealings book on a single
electronic database if--
(a) the record of each transaction in the
dealings book clearly indicates the
25
premises that the transaction relates to;
and
(b) the record of each transaction relating
to particular premises in the dealings
book is readily accessible from those
30
premises; and
(c) all paper documents relating to a
transaction are kept together at the
premises to which the transaction
relates.".
35
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551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Part 2--Amendment of Motor Car Traders Act 1986
s. 5
5. Specified persons to produce documents and answer
questions
After section 82AA(1) of the Motor Car Traders
Act 1986 insert--
"(1A) Without limiting sub-section (1), if a
5
document required to be produced under
sub-section (1)(c) is, or is part of, a dealings
book kept under section 35 in an
electronically readable form, the inspector
may require the document to be provided in
10
a readily accessible form--
(a) electronically; or
(b) in a paper form produced by a
computer.
(1B) If a person produces a document referred to
15
in sub-section (1A), the person must also
provide the inspector with a prescribed
statement verifying that the document
provided is a true record of the dealings book
at the date of the statement.".
20
6. Simplified procedure concerning proof that person
traded in motor cars
(1) In section 85A(1) of the Motor Car Traders Act
1986, for "In any hearing of a charge for an
offence against section 7, a statement by the
25
prosecutor or the informant" substitute "In a
prescribed class of hearing a statement by a
relevant person".
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551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Part 2--Amendment of Motor Car Traders Act 1986
s. 6
(2) After section 85A(2) of the Motor Car Traders
Act 1986 insert--
'(3) In this section--
"prescribed class of hearing" means--
(a) a hearing of a charge for an
5
offence against section 7; or
(b) a hearing in a proceeding under a
provision of the Fair Trading Act
1999 as applied by section 82I of
this Act;
10
"relevant person" means--
(a) in the case of a hearing of a charge
for an offence against section 7,
the prosecutor or the informant;
and
15
(b) in any other case, the Director.'.
__________________
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551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Part 3--Amendment of Fair Trading Act 1999
s. 7
See:
PART 3--AMENDMENT OF FAIR TRADING ACT 1999
Act No.
16/1999.
7. Orders against persons found to have contravened Reprint No. 2
as at
this Act 30 August
2004
In section 158 of the Fair Trading Act 1999-- and
amending
(a) in sub-section (1) omit "(including one
5 Act Nos
or more of the orders set out in sub- 103/2004,
108/2004 and
section (2))"; and 18/2005.
LawToday:
(b) in sub-section (2), for "The orders that can www.dms.
dpc.vic.
be made by the court are--" substitute gov.au
"Without limiting sub-section (1), the orders
10
that may be made under this section
include--".
7
551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
8
551378B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
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