Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 50A

Offence to aid or abet an unlicensed trader

50A. Offence to aid or abet an unlicensed trader





(1) A person must not-

   (a)  in the course of carrying on a business, provide any person who is not
        a licensed motor car trader with motor cars that the person knows are
        likely to be disposed of in a manner that constitutes trading in motor
        cars by the unlicensed person; or

   (b)  in any other way cause or permit or aid or abet any person who is not
        a licensed motor car trader to carry on business as a motor car
        trader.

Penalty: 60 penalty units.

(2) In any proceedings against a licensee for an offence under subsection
(1)(b), proof that an unlicensed person-

   (a)  had possession of the licensee's licence; or

   (b)  represented herself, himself or itself as the holder of the licensee's
        licence with the knowledge of the licensee-

is evidence that the licensee permitted the unlicensed person to carry on
business as a motor car trader.

(3) It is a defence to a charge against a licensee under subsection (1)(b) if
the licensee shows-

   (a)  that she, he or it took all reasonable steps to prevent an unlicensed
        person from carrying on business under her, his or its licence; or





   (b)  that she, he or it did not know, and could not reasonably have been
        expected to know, that the unlicensed person was representing herself,
        himself or itself as the holder of the licensee's licence.

(4) The Director, an inspector or a member of the police force may give a
written notice to a person stating that, in the opinion of the author of the
notice, motor cars are likely to be disposed of in a manner that constitutes
trading in motor cars by an unlicensed person if motor cars are provided to
the unlicensed person.

(5) A person has the knowledge referred to in subsection (1)(a) if, at any
time before providing particular motor cars, she, he or it was given a notice
under subsection (4).

(6) If a licensee is convicted of an offence against this section, her, his or
its licence is automatically cancelled-

   (a)  30 days after the conviction; or

   (b)  if the licensee appeals against the conviction under section 83 or 92
        of the Magistrates' Court Act 1989 within 30 days of the conviction-

   (i)  on the day after the appeal is abandoned; or

   (ii) on the day after the appeal is dismissed or struck out.

(7) In addition to any other penalty a court may impose on finding a licensee
guilty of an offence against this section, the court may order that the
licensee be disqualified from holding a licence either permanently, or for a
specified period.