MOTOR CAR TRADERS ACT 1986
MOTOR CAR TRADERS ACT 1986
TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Purpose 2. Commencement 3. Definitions 4. Nature of transactions 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 Refund of fee if application withdrawn 10.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 PART 8--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS 120. Subrogation 121. Transitional—Motor Car Traders Amendment Act 2008 122. Further transitional—Motor Car Traders Amendment Act 2008 ENDNOTES