MOTOR CAR TRADERS ACT 1986

Victorian Consolidated Legislation

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MOTOR CAR TRADERS ACT 1986

No. 104 of 1986
Version incorporating amendments as at 30 January 2012

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Nature of transactions
5, 6. Repealed

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 Refund of fee if application withdrawn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
33A. Repealed
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
46. Repealed
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
53. Motor car traders to provide name and address of last owner
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. Acting Chairperson
62. Secretary to the Committee
63. Determination not invalid by reason of vacancy, etc.
64, 65. Repealed
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
71A, 71B Repealed
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
82F, 82G Repealed
82H. Further proceedings concerning infringement notices

Division 3-Application of Fair Trading Act 1999.

82I. Application of Fair Trading Act 1999.

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

PART 7-Repealed

91-117. Repealed

PART 8-TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

118, 119. Repealed
120. Subrogation
121. Transitional-Motor Car Traders Amendment Act 2008.
122. Further transitional-Motor Car Traders Amendment Act 2008.
_________________
SCHEDULE-Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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