Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 35

PART 3 CONDUCT OF BUSINESS

Dealings book

35. Dealings book



(1) A motor car trader must cause a dealings book in the prescribed form to be
kept at the premises at which the business of trading in motor cars is carried
on.

Penalty: 50 penalty units.

(2) A motor car trader-

   (a)  must make, or cause to be made, in the dealings book entries as to the
        prescribed matters required under the regulations to be entered in the
        dealings book at the time of purchase, sale or exchange of a motor car
        by a motor car trader or at the time of receiving a motor car into the
        custody or possession of a motor car trader for the purpose of sale or
        exchange; and

   (b)  must ensure that entries are signed as prescribed.

Penalty: 50 penalty units.

(3) A motor car trader must not make a false or misleading entry in a dealings
book.

Penalty: 100 penalty units.

* * * * *



(5) If a used motor car is bought or taken in exchange by a licensed motor car
trader acting on behalf of another motor car trader and the licensed motor car
trader complies with this section, the motor car trader on whose behalf the
purchase or exchange was made is deemed to have complied with this section.

(6) For the purposes of this section, a motor car is deemed to be in
possession of a motor car trader when it is in any place occupied by the motor
car trader or has been removed with the knowledge and permission of the motor
car trader to any other place without a sale or exchange in good faith having
been made by the motor car trader.

(7) A person must not give false information to a motor car trader in respect
of any matter which the motor car trader is required by this Act to keep or
enter in any prescribed records.

Penalty: 5 penalty units.

(8) It is sufficient compliance with subsection (2)(b) if-

   (a)  a motor car trader keeps a paper 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 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 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

   (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.



(9) If a dealings book is kept in an electronically readable form and the
motor car trader does not comply with subsection (8) in relation to a
transaction, then for the purposes of subsection (2), the motor car trader
must ensure that-

   (a)  the entries relating to a transaction are copied on to paper; and

   (b)  the paper is then signed as prescribed; and

   (c)  all such papers are stored together.