MOTOR CAR TRADERS ACT 1986
Table of Provisions
PART 1--PRELIMINARY
PART 2--LICENCES
Division 1--Trading in motor cars
- 7 Motor car traders to be licensed
- 7A Deemed trading in motor cars
Division 2--Issue of licences
- 8 Application for licence
- 9 Refund of fee if application withdrawn
- 10 Notice of changes to details in application
- 11 Notice of application
- 11A Consent to disclosure of information
- 12 Consideration of application
- 12A Provision of information for the purposes of this Act
- 13 Grant or refusal of licence
- 13A Meaning of associate in section 13
- 14 Conditions of licence
- 15 Endorsement of licence
- 15A 2 year ban on applying for licence after refusal of application
- 16 Authority to sell motor cars at public auction
- 17 Name under which licensed motor car trader may operate
- 18 Form of licence
- 19 Change in partnership
- 19A Change in directors of bodies corporate
- 20 Licensee to give notice of certain changes
- 21 Licences to be returned
- 22 Register to be kept
- 23 Annual licence fee and statement
- 24 Extension of time
- 24A Failure to comply with section 23
- 25 Display of licence
- 26 Duplicate licence
- 27 Surrender of licence
- 28 Automatic cancellation of licence on bankruptcy etc.
- 29 Automatic suspension of licence if Fund claim upheld
- 29A Person involved in Guarantee Fund claim may regain licence etc. in special circumstances
- 29B Person with criminal record may be allowed limited right to hold licence etc.
- 29C Permission to continue to hold licence despite criminal act of partner or director
- 29D Authority may impose conditions
Division 3--Disciplinary action
- 30 Disciplinary action
- 30A Authority may temporarily suspend insolvent etc. trader without hearing
- 31 Determination of disciplinary measures by Tribunal
- 31A Effect of suspension
- 31B Suspended and cancelled licences must be returned
Division 4--Miscellaneous
- 32 Application for review
- 33 Disability etc. of licensee
- 34 Prescribed sign
PART 3--CONDUCT OF BUSINESS
- 35 Dealings book
- 35A Prohibited employees
- 35B Transitional provision concerning existing employees
- 36 Consignment selling prohibited
- 37 Dealing with young persons
- 38 Odometer tampering
- 39 Other orders
- 40 Findings in proceedings to be evidence
- 41 Agreements for sale of used motor car
- 42 Agreement for sale of new motor car
- 42A All registered cars must be sold with a roadworthy certificate
- 43 Cooling-off period
- 43A Credit Law excluded matter
- 44 Offence
- 45 Rescission
- 47 Powers of Magistrates' Court and Tribunal
- 48 Cancellation of security interest by motor car trader
- 49 Notification of Director by credit provider
- 50 Proceeds of sale or disposal to be held on trust
- 50A Offence to aid or abet an unlicensed trader
- 50B Right to sue providers of motor cars to unlicensed traders
PART 3A--SALE OF MOTOR CARS BY AUCTION
- 50C Definitions
- 50D Dummy bidding prohibited
- 50E Offences by auctioneers relating to bidding
- 50F Offence to procure dummy bid
- 50G Permissible vendor bids
- 50H Offence to falsely acknowledge bid
- 50I Contrary conditions are void
- 50J Auctioneer to keep records
PART 4--SALE OF USED MOTOR CARS
- 51 Definitions
- 52 Particulars to be displayed
- 54 Obligations of motor car trader
- 55 Excluded defects
- 56 Special conditions to be void
PART 5--MOTOR CAR TRADERS CLAIMS COMMITTEE AND GUARANTEE FUND
Division 1--Motor Car Traders Claims Committee
- 57 Motor Car Traders Claims Committee
- 58 Terms and conditions of appointment
- 59 Allowances
- 60 Resignation and termination
- 61 Deputy Chairperson
- 62 Secretary to the Committee
- 63 Determination not invalid by reason of vacancy, etc.
- 66 Constitution of Committee
- 67 Determination of questions before the Committee
- 68 Committee may require information from parties to a claim
- 69 Director, police and public authorities to produce information to Committee
- 70 Procedure of Committee
- 71 Reasons for determination
- 72 Secretary may take legal proceedings on behalf of Committee
- 73 Protection for things done under this Part
Division 2--The Fund
- 74 Motor Car Traders' Guarantee Fund
- 75 Duties and powers of Treasurer
Division 3--Claims
- 76 Determination of claims
- 77 Admittance or refusal of claim
- 77A Committee may postpone its determination
- 78 No further claim in respect of same matter
- 79 Application for review
- 80 Subrogation where claims allowed
- 81 Deferred payment
PART 5A--ENFORCEMENT PROVISIONS
Division 1--General
- 82 Production of identity card
- 82A Documents available for inspection
- 82AA Specified persons to produce documents and answer questions
- 82AB Third parties to produce documents and answer questions relating to trader's business
- 82AC Ministers, police, and public authorities to produce information to inspectors
- 82AD Certain other specified persons or bodies to produce information
- 82AE Powers on production of documents
- 82AF Order requiring supply of information and answers to questions
- 82AG Entry or search with consent
- 82AH Entry without consent or warrant
- 82AI Search warrants
- 82AJ Announcement before entry
- 82AK Details of warrant to be given to occupier
- 82AL Seizure of things not mentioned in the warrant
- 82AM Embargo notice
- 82AN Copies of seized documents
- 82AO Retention and return of seized documents or things
- 82AP Magistrates' Court may extend 3 month period
- 82AQ Requirement to assist inspector during entry
- 82AR Refusal or failure to comply with requirement
- 82AS Protection against self-incrimination
- 82AT Offence to give false or misleading information
- 82ATA Powers of court if requirement to produce information not complied with
- 82AU Application of provisions relating to inspections
- 82AV Service of documents
- 82AW Confidentiality
- 82AX Production of information to Authority
- 82AY Rule against self-incrimination does not apply
- 82B Verification of details supplied to the Authority
- 82C Extended time for prosecutions
- 82CA Who may bring proceedings for offences?
Division 2--Infringement notices
- 82D Power to serve a notice
- 82E Form of notice
- 82H Further proceedings concerning infringement notices
Division 3--Application of Fair Trading Act 1999
- 82I Application of Australian Consumer Law and Fair Trading Act 2012
PART 6--MISCELLANEOUS
- 83 Failure to disclose
- 83A Retention of documents
- 83B Offence to destroy documents required by the Act
- 83C Motor car traders must supply copies of agreements etc.
- 83D Complaints concerning motor car trader are privileged
- 84 Offence to place certain advertisements
- 84A False or misleading statements
- 84B Production of records
- 85 Corporations
- 85A Simplified procedure concerning proof that person traded in motor cars
- 86 Service of notices
- 86A Extension of time
- 87 Certificates
- 87A Waiver or refund of fees
- 88 Contracting out prohibited
- 88A Agreement not illegal etc. by reason of offence
- 88B Agreement voidable if section 37, 38, 41 or 42 breached
- 89 Other rights and remedies
- 89A Delegation by Director
- 90 Regulations