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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
DRAFT BILL FOR PUBLIC COMMENT
The Government proposes to introduce into Parliament
a Bill to amend the Motor Vehicle Dealers Act 1973
This draft Bill has been prepared for public comment
but it does not necessarily represent
the Government's settled position.
Motor Vehicle Dealers Amendment
Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments relating to licensing
4. Section 5 amended 3
page i
31--1
Motor Vehicle Dealers Amendment Bill 2000
Contents
5. Section 5A inserted 5
6. Section 15 amended 6
7. Section 16 amended 8
8. Section 17 amended 9
9. Section 17A inserted 10
10 . Section 17A amended 10
11 . Section 17B replaced by sections 17C and 17D 12
12 . Section 18 amended 14
13 . Section 18A inserted 15
14 . Section 19 amended 16
15 . Section 19A amended 17
16 . Sections 20 and 21 replaced by sections 20, 20A, 20B,
20C, 20D, 20E, 20F, 20G and 20H 17
17 . Section 21A amended 24
18 . Section 21B replaced by sections 21A, 21B and 21C 24
19 . Section 21C amended 26
20 . Section 22 amended 27
21 . Section 22A amended 29
22 . Section 23 amended 29
23 . Section 24 amended 30
24 . Section 25 amended 32
25 . Sections 30, 31 and 31A replaced by sections 30, 31,
31A, 31B, 31C and 31D 32
26 . Section 40A amended 36
27 . Section 53 amended 36
28 . Various provisions amended because of change to
expression "salesperson" 36
29 . Various sections amended to change "registered" to
"authorised" 37
Part 3 -- Amendments relating to offences
and penalties
30 . Section 14 amended 39
31 . Section 21A amended 40
32 . Section 21C amended 40
33 . Section 22A amended 40
34 . Section 23 amended 40
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Motor Vehicle Dealers Amendment Bill 2000
Contents
35 . Section 24 amended 40
36 . Section 25 amended 41
37 . Section 26 amended 41
38 . Section 27 amended 41
39 . Section 29 amended 42
40 . Section 33 amended 42
41 . Section 37 amended 43
42 . Section 40B amended 43
43 . Section 41 amended 43
44 . Section 43 amended 43
45 . Section 44 amended 43
46 . Section 45 amended 43
47 . Section 50 amended 44
48 . Section 52 amended 44
49 . Section 55A inserted 44
50 . Section 56 amended 46
Part 4 -- Amendments relating to dealings
in vehicles
51 . Section 5 amended 48
52 . Heading inserted 48
53 . Section 32 amended 48
54 . Sections 32A to 32K and Division headings inserted 48
55 . Heading inserted 54
56 . Section 34 replaced by sections 34, 34A, 34B, 34C,
34D, 34E, 34F and 34G 54
57 . Section 35 amended 59
58 . Heading inserted 59
59 . Section 40 repealed 59
60 . Section 42A inserted 59
61 . Section 56 amended 60
Part 5 -- Miscellaneous amendments
62 . Section 6 amended 61
63 . Section 8 amended 61
64 . Section 27 amended 61
65 . Section 28 replaced by sections 28 and 28A 61
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[Draft Bill for public comment]
Motor Vehicle Dealers Amendment Bill 2000
Contents
66 . Section 29 amended 65
Part 6 -- Consequential amendments
67 . Chattel Securities Act 1987 amended 66
68 . Pawnbrokers and Second-hand Dealers Act 1994
amended 66
Part 7 --Transitional provisions
69 . Definition 67
70 . Licence applications in progress 67
71 . Existing dealer's licence 67
72 . Existing car market operator's licence 68
73 . Premises covered by existing certificate of registration 68
74 . Existing grounds for disciplinary action 69
75 . Time limit for prosecution of existing offences 69
76 . Application of Part III, Division 2 69
77 . Dealer's obligation to repair 69
78 . Application of section 42A 69
79 . Further transitional provision may be made 70
page iv
[Draft Bill for public comment]
Western Australia
LEGISLATIVE ASSEMBLY
Motor Vehicle Dealers Amendment
Bill 2000
A draft for public comment of
A Bill for
An Act to amend the Motor Vehicle Dealers Act 1973, and to make
consequential amendments to certain other Acts.
The Parliament of Western Australia enacts as follows:
page 1
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Motor Vehicle Dealers Amendment Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Motor Vehicle Dealers Amendment
Act 2000.
5 2. Commencement
(1) The provisions of this Act come into operation on a day fixed
by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 3. The Act amended
The amendments in this Act are to the Motor Vehicle Dealers
Act 1973*.
[* Reprinted as at 14 November 1996.
For subsequent amendments see 1999 Index to Legislation of
15 Western Australia, Table 1, p. 166.]
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 4
Part 2 -- Amendments relating to licensing
4. Section 5 amended
(1) Section 5(1) is amended by inserting the following definitions in
their appropriate alphabetical positions --
5 "
"authorisation" means --
(a) a dealer's licence;
(b) a yard manager's licence;
(c) a salesperson's licence; or
10 (d) registration as a car market operator;
"authorised premises" --
(a) in relation to a dealer, means premises --
(i) particulars of which are included in the
dealer's licence in accordance with
15 section 20E(5); or
(ii) for which a temporary permit is in force
under section 20H;
and
(b) in relation to a car market operator, means
20 premises particulars of which are included in
the registration of the operator in accordance
with section 21A(5);
"buying or selling", in relation to vehicles, includes
acting as agent for persons in connection with the
25 buying or selling of vehicles;
"certificate of registration" means a certificate of
registration under section 17B(4);
"grant", in relation to an authorisation, means --
(a) the grant of a licence to a person or to
30 persons constituting a firm; or
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 4
(b) the registration of a person, or persons
constituting a firm, under section 17B;
"hold", in relation to an authorisation, means --
(a) to hold a licence; or
5 (b) to be registered under section 17B;
".
(2) Section 5(1) is amended by deleting the definition of "car
market operator's licence".
(3) Section 5(1) is amended by deleting the definition of "dealer"
10 and inserting the following definition instead --
"
"dealer" means --
(a) a person who carries on any class or
description of business of --
15 (i) buying or selling vehicles; or
(ii) acting as agent for other persons in
relation to the buying or selling of
vehicles,
(including a business of selling vehicles by
20 auction) that is prescribed by regulations
referred to in section 5A; and
(b) a financier;
".
(4) Section 5(5) is amended as follows:
25 (a) by deleting "issue of a licence" and inserting instead --
"
issue of any of the authorisations provided for by this
Act
";
30 (b) by deleting "renewal of a licence" and inserting
instead --
" renewal of that authorisation ".
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 5
(5) Section 5(7) is amended as follows:
(a) by deleting "a car market operator's licence" and
inserting instead --
"
5 a registration of a person as a car market operator
";
(b) by deleting "the licence" and inserting instead --
" the registration ".
(6) After section 5(7) the following subsection is inserted --
10 "
(8) Where --
(a) a licence is granted to 2 or more persons under
section 15(2); or
(b) 2 or more persons are registered under
15 section 17B(2),
references in this Act to the holder of a licence or
authorisation, to a registered person or to a person who
is registered, as the case may be, are references to those
persons jointly, unless a contrary intention appears.
20 ".
5. Section 5A inserted
After section 5 the following section is inserted --
"
5A. Classes of business and categories of licence
25 Regulations may be made under section 56
prescribing --
(a) different classes or descriptions of business for
the purposes of the definition of "dealer" in
section 5(1) including a business that consists
30 of or includes --
(i) the buying of vehicles for wrecking; or
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Part 2 Amendments relating to licensing
s. 6
(ii) the selling of vehicles by auction;
(b) a different category of dealer's licence --
(i) for each prescribed class or description
of business; or
5 (ii) for any combination of them;
and
(c) different circumstances under which a
particular category of licence may be granted.
".
10 6. Section 15 amended
(1) Section 15(1) is amended as follows:
(a) by inserting after "dealer's licence" --
" of a particular category ";
(b) by inserting "and" after paragraph (b);
15 (c) by deleting paragraphs (c) and (d) and inserting
instead --
"
(c) that he has --
(i) sufficient resources; and
20 (ii) sufficient knowledge of this Act.
".
(2) Section 15(2) is amended as follows:
(a) by inserting after "dealer's licence" --
" of a particular category ";
25 (b) by deleting paragraphs (b) and (c) and inserting
instead --
"
(b) that the persons constituting the firm have
sufficient resources; and
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 6
(c) that at least one of the natural persons referred
to in paragraph (a) has sufficient knowledge of
this Act.
".
5 (3) After section 15(2) the following subsection is inserted --
"
(2a) If there is a corporate member of a firm to which a
licence is granted under subsection (2), the licence
ceases to have effect if --
10 (a) a change occurs in the person or persons
concerned in the management or conduct of the
corporate member; and
(b) the change --
(i) is not notified to the Board in
15 accordance with section 23(1); or
(ii) is not approved by the Board under
section 23(3).
".
(4) Section 15(3) is amended as follows:
20 (a) by inserting after "dealer's licence" --
" of a particular category ";
(b) by deleting paragraphs (b) and (c) and inserting
instead --
"
25 (b) that it has sufficient resources; and
(c) that at least one of the natural persons referred
to in paragraph (a) has sufficient knowledge of
this Act.
".
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Part 2 Amendments relating to licensing
s. 7
(5) After section 15(3) the following subsections are inserted --
"
(4) A licence granted under subsection (3) ceases to have
effect if --
5 (a) a change occurs in the persons concerned in the
management and conduct of the body corporate
that holds the licence; and
(b) the change --
(i) is not notified to the Board in
10 accordance with section 23(2); or
(ii) is not approved by the Board under
section 23(3).
(5) In this section --
"sufficient knowledge of this Act" means a full
15 understanding of the duties and obligations
imposed by this Act on dealers, yard managers and
salespersons, but only so far as the Board
considers that those duties and obligations are
relevant to the category of licence applied for;
20 "sufficient resources" means sufficient material and
financial resources available to the person or
persons to enable the requirements of this Act to
be complied with, but only so far as the Board
considers that those requirements are relevant to
25 the category of licence applied for.
".
7. Section 16 amended
(1) Section 16 is amended as follows:
(a) by inserting before "Subject" the subsection designation
30 "(1)";
(b) by inserting immediately before paragraph (a) --
" (a) of his identity; ";
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Amendments relating to licensing Part 2
s. 8
(c) in paragraph (a) by deleting the paragraph designation
"(a)" and inserting instead --
" (aa) ".
(2) At the end of section 16 the following subsection is inserted --
5 "
(2) The secretary may, unless the Chairman otherwise
directs, by instrument in writing authorise an applicant
under subsection (1) to act as a yard manager as if the
applicant were the holder of a yard manager's licence
10 until --
(a) the application is dealt with by the Board; or
(b) the expiry of a period specified in the
instrument,
whichever occurs first.
15 ".
8. Section 17 amended
(1) Section 17 is amended as follows:
(a) by inserting before "Subject" the subsection designation
"(1)";
20 (b) by inserting immediately before paragraph (a) --
" (a) of his identity; ";
(c) in paragraph (a) by deleting the paragraph designation
"(a)" and inserting instead --
" (aa) ".
25 (2) At the end of section 17 the following subsection is inserted --
"
(2) The secretary may, unless the Chairman otherwise
directs, by instrument in writing authorise an applicant
under subsection (1) to act as a salesperson as if the
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Part 2 Amendments relating to licensing
s. 9
applicant were the holder of a salesperson's licence
until --
(a) the application is dealt with by the Board; or
(b) the expiry of a period specified in the
5 instrument,
whichever occurs first.
".
9. Section 17A inserted
After section 17 the following section is inserted --
10 "
17A. Training courses for dealers, yard managers and
salespersons
In addition to its functions under sections 15, 16 and 17
the Board shall --
15 (a) approve --
(i) courses for the training of dealers, yard
managers and salespersons; and
(ii) the persons who provide those courses;
(b) keep in the register provided for by section 24
20 particulars of and relating to persons who prove
to the Board that they have satisfactorily
completed an approved training course
provided by an approved person; and
(c) issue to such persons certificates as to their
25 registration under paragraph (b).
".
10. Section 17A amended
(1) Section 17A is amended by deleting "17A." and inserting
instead --
30 " 17B. ".
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Amendments relating to licensing Part 2
s. 10
(2) Section 17A(1) is amended as follows:
(a) by deleting "for a car market operator's licence" and
inserting instead --
" to be registered as a car market operator ";
5 (b) by deleting "be granted such a licence upon satisfying
the Board --" and inserting instead --
"
be so registered upon satisfying the Board --
(a) of his identity; and
10 (b) that he is of or over the age of 18 years.
";
(c) by deleting paragraphs (a), (b), (c) and (d).
(3) Section 17A(2) is amended as follows:
(a) by deleting "for a car market operator's licence" and
15 inserting instead --
" to be registered as a car market operator ";
(b) by deleting "be granted such a licence upon satisfying
the Board --" and inserting instead --
"
20 be so registered upon satisfying the Board --
(a) of their identity; and
(b) that each of them is of or over the age of
18 years.
";
25 (c) by deleting paragraphs (a), (b) and (c).
(4) Section 17A(3) is amended as follows:
(a) by deleting "for a car market operator's licence" and
inserting instead --
" to be registered as a car market operator ";
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Part 2 Amendments relating to licensing
s. 11
(b) by deleting "be granted such a licence upon satisfying
the Board --" and inserting instead --
"
be so registered upon satisfying the Board --
5 (a) of the identity of each of the persons concerned
in the management or conduct of the body
corporate; and
(b) that each of those persons is of or over the age
of 18 years.
10 ";
(c) by deleting paragraphs (a), (b) and (c).
(5) After section 17A(3) the following subsection is inserted --
"
(4) The Board shall give a certificate of registration to --
15 (a) a person;
(b) persons constituting a firm; or
(c) a body corporate,
that becomes registered under this section.
".
20 11. Section 17B replaced by sections 17C and 17D
Section 17B is repealed and the following sections are inserted
instead --
"
17C. Power to refuse registration under section 17B or
25 renewal of registration
(1) Despite anything in section 17B, the Board may refuse
to register an applicant under that section if it is
satisfied that a relevant person has done or omitted to
do any thing or engaged in any conduct that renders the
30 applicant unfit to be registered.
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Amendments relating to licensing Part 2
s. 11
(2) Despite anything in section 19(3), the Board may
refuse to renew the registration of a car market operator
if it is satisfied as mentioned in subsection (1).
(3) Subsections (1) and (2) are permissive only and do not
5 impose a duty on the Board to make enquiries
concerning a relevant person.
(4) In this section --
"relevant person" --
(a) means the applicant, where a person, not
10 being a body corporate, has applied under
section 17B(1) or 19(3), as the case may be;
(b) means any person --
(i) by which the firm is constituted; or
(ii) who is concerned in the management or
15 conduct of a body corporate by which
the firm is constituted,
where persons constituting a firm have
applied under section 17B(2) or 19(3), as the
case may be; and
20 (c) means any person concerned in the
management or conduct of the body
corporate where a body corporate has
applied under section 17B(3) or 19(3), as the
case may be.
25 17D. Person cannot be car market operator and hold any
other authorisation
(1) Registration of a person as a car market operator
automatically --
(a) cancels a licence held by the person; or
30 (b) ceases to have effect if the person becomes the
holder of a licence.
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Part 2 Amendments relating to licensing
s. 12
(2) Subsection (1) applies whether the registration or
licence is granted to, or held by, a person solely or
jointly as a member of a firm.
".
5 12. Section 18 amended
(1) Section 18(1) is repealed and the following subsections are
inserted instead --
"
(1) The Board may refuse an application by a person, or
10 persons constituting a firm, for the grant or renewal of
an authorisation, if there is any ground on which an
order could be made under section 20(1) --
(a) in respect of the person or persons; or
(b) in respect of a person concerned in the
15 management or conduct of a body corporate
that is the applicant or one of the applicants.
(1a) The Board shall not refuse an application mentioned in
subsection (1) on a ground referred to in that
subsection unless it has --
20 (a) conducted an inquiry; and
(b) given the applicant an opportunity to show
cause why the application should not be
refused.
(1b) If --
25 (a) an application for renewal of an authorisation
has been made; and
(b) the Board considers that --
(i) there is a matter that could constitute a
ground for refusing the renewal under
30 subsection (1); but
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 13
(ii) there is insufficient time before the
authorisation expires for the Board to
hold an inquiry as required by
subsection (1a),
5 the Board may grant the renewal in terms that the
renewal does not affect the exercise after the renewal
of the Board's power under section 20 in respect of that
matter.
(1c) Subsection (1) is in addition to the other powers that
10 the Board has to refuse an application.
".
(2) Section 18(2) is amended by deleting "17A" and inserting
instead --
" 17B ".
15 13. Section 18A inserted
After section 18 the following section is inserted --
"
18A. Licence conditions
(1) The Board may, when granting a licence, attach any
20 condition or restriction to the licence.
(2) The Board may at any time decide that --
(a) a new condition or restriction shall be attached
to an existing licence; or
(b) a condition or restriction attached to an existing
25 licence shall be amended or removed.
(3) A decision under subsection (2) does not take effect
until a day determined by the Board.
(4) The day so determined cannot be before the Board
has --
30 (a) notified the licensee of the decision; and
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 14
(b) given the licensee a reasonable opportunity to
make submissions on it either orally or in
writing.
(5) The Board may determine that subsection (4) does not
5 apply in the case of a decision to remove a condition or
restriction.
(6) The powers conferred by this section are in addition to
the powers described in section 20A(5).
".
10 14. Section 19 amended
(1) Section 19 is amended by deleting "a licence" in each place
where it occurs and inserting instead --
" an authorisation ".
(2) Section 19(2), (3)(a) and (b) and (3a) are amended by deleting
15 "the licence" in each place where it occurs and inserting
instead --
" the authorisation ".
(3) Section 19(3) is amended as follows:
(a) by deleting "that licence" and inserting instead --
20 " that authorisation ";
(b) by deleting "expired licence" and inserting instead --
" expired authorisation ".
(4) Section 19(3a) is amended by deleting "previous licence" and
inserting instead --
25 " previous authorisation ".
(5) Section 19(3b) is amended by deleting "17A" and inserting
instead --
" 17B ".
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 15
(6) Section 19(4)(b) is amended by inserting after "the holder" --
" or any joint holder ".
15. Section 19A amended
(1) Section 19A(1) and (2) are amended by deleting "a licence" in
5 both places where it occurs and inserting instead --
" an authorisation ".
(2) Section 19A(1) is amended by deleting "licence, surrender that
licence" and inserting instead --
" authorisation, surrender that authorisation ".
10 (3) Section 19A(2) is amended by deleting "the licence" in each
place where it occurs and inserting instead --
" the authorisation ".
16. Sections 20 and 21 replaced by sections 20, 20A, 20B, 20C,
20D, 20E, 20F, 20G and 20H
15 Sections 20 and 21 are repealed and the following sections are
inserted instead --
"
20. Disciplinary powers of Board
(1) The Board may make one or more of the orders
20 authorised by section 20A in respect of a person if the
person has been found by the Board --
(a) to have contravened or failed to comply with --
(i) a provision of this Act; or
(ii) an authorisation or a condition or
25 restriction attached to an authorisation;
or
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 16.
(b) to have done or omitted to do any thing, or
engaged in any conduct, where in the opinion
of the Board the act, omission or conduct
renders the person unfit --
5 (i) to be the holder, or a joint holder, of an
authorisation; or
(ii) to be concerned in the management or
conduct of a body corporate that is the
holder or a joint holder of an
10 authorisation.
(2) The Board may make an order disqualifying a person,
or the persons constituting a firm, from --
(a) holding a dealer's licence of a specified
category; or
15 (b) being registered as a car market operator,
if the person or persons has or have been found by the
Board --
(c) not to have sufficient material and financial
resources to enable the person or the firm, as
20 the case may be, to comply with the
requirements of this Act so far as those
requirements are relevant to --
(i) the category of licence held by the
person or persons; or
25 (ii) registration as a car market operator;
or
(d) to have ceased to carry on the business of a
dealer or a car market operator.
(3) The Board may make an order revoking an
30 authorisation of premises under section 20E or 21A if
the Board is no longer satisfied that the premises
comply with all relevant requirements of written laws
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 16.
relating to planning that apply in respect of the
premises.
(4) The Board may make an order under this section of its
own motion or on the application of the Commissioner.
5 (5) The Board shall not make an order under this section in
respect of a person unless it has --
(a) conducted an inquiry; and
(b) given the person an opportunity to show cause
why the order should not be made.
10 20A. Orders that may be made under section 20(1)
(1) The orders that the Board may make under
section 20(1) are those provided for by this section.
(2) An order may be made disqualifying a person from
holding or obtaining, whether solely or jointly, any
15 authorisation or any specified kind of authorisation,
whether or not at the time when the order is made that
person is the holder of an authorisation.
(3) An order may be made disqualifying a person from
being concerned in the management or conduct of a
20 body corporate that is the holder, or a joint holder, of
an authorisation, whether or not at the time when the
order is made the person is so concerned.
(4) Subject to section 20B, an order may be made that a
person pay to the Board a penalty not exceeding --
25 (a) $1 500 in the case of a person who is or was the
holder of a yard manager's licence or a
salesperson's licence; or
(b) $5 000 in the case of a person who is or was the
holder of a dealer's licence or registered as a
30 car market operator.
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Part 2 Amendments relating to licensing
s. 16.
(5) An order may be made --
(a) attaching conditions or restrictions to an
authorisation; or
(b) amending a condition or restriction attached to
5 an authorisation.
(6) An order may be made reprimanding or cautioning a
person.
(7) An order under subsection (2) or (3) may be made to
have effect --
10 (a) for a period named in the order; or
(b) until a further order is made by the Board.
20B. Limitations on section 20A(4)
(1) The powers described in section 20A(4) and the
powers of a court to impose a penalty for an offence
15 against this Act shall not both be exercised in respect
of an act, omission or conduct of a person that is
substantially the same.
(2) A penalty that exceeds the relevant maximum fine
cannot be imposed under the powers described in
20 section 20A(4).
(3) In subsection (2) --
"relevant maximum fine" means, if the penalty is to
be imposed in respect of an act, omission or
conduct that constitutes an offence against this
25 Act, the maximum fine that could be imposed by a
court for that offence.
20C. Recovery of penalties
(1) An amount payable by a person under an order referred
to in section 20A(4) may be recovered by the
30 Commissioner as a debt in a court of competent
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Amendments relating to licensing Part 2
s. 16.
jurisdiction to the extent that it remains unpaid after
any time specified by the Board for payment.
(2) If an amount referred to in subsection (1) has not been
paid by a person after any time specified by the Board
5 for payment, the Board may --
(a) treat the non-payment as an omission to which
section 20(1)(b) applies; and
(b) make an order described in section 20A(2) or
(3) against the person in respect of that
10 omission.
20D. Certain offences relating to disqualification
(1) A person to whom an order described in section 20A(3)
applies shall not contravene or fail to comply with the
order.
15 Penalty: $5 000 and a daily penalty of $100.
(2) A dealer or a car market operator shall not, during the
period when a person is disqualified under an order
described in section 20A(2) or (3) --
(a) employ the person in any capacity on
20 authorised premises; or
(b) allow the person to frequent such premises,
without the prior consent of the Board.
Penalty: $5 000.
20E. Premises at which dealers may carry on business
25 (1) A person shall not be granted a dealer's licence unless
the application for the licence --
(a) specifies each of the premises at which the
person proposes to carry on business under the
authority of the licence; and
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Part 2 Amendments relating to licensing
s. 16.
(b) is accompanied by a planning certificate to the
satisfaction of the Board in respect of the
premises.
(2) A planning certificate is a certificate from the authority
5 responsible for town planning matters in the district in
which the premises are situated showing that the
proposed use of the premises --
(a) will comply; or
(b) would comply if any specified consent were
10 given,
with all relevant requirements of written laws relating
to planning that apply in respect of the premises.
(3) If an application complies with subsection (1) in
relation to any premises, the Board, if it grants the
15 application, shall authorise the holder of the licence to
carry on business at the premises under the authority of
the licence.
(4) If an application is accompanied by a certificate that is
given in terms of subsection (2)(b), the Board, in
20 granting the application, may attach a condition to the
licence that --
(a) the operation of the licence is suspended until
the Board is satisfied that all necessary consents
have been given; and
25 (b) the grant lapses if the Board is not so satisfied
before the expiry of a period specified by it.
(5) A dealer's licence shall include particulars of all
premises authorised under this section.
20F. Changes in authorised premises
30 (1) The Board may on --
(a) the application of the holder of a licence;
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Amendments relating to licensing Part 2
s. 16.
(b) the production of any planning certificate in
terms of section 20E(2) that the Board
considers necessary; and
(c) payment of the prescribed fee,
5 at any time approve an alteration or addition to the
particulars referred to in section 20E(5).
(2) If necessary, the Board may attach a condition of the
kind described in section 20E(4) to an approval under
subsection (1), and for that purpose section 20E(4) may
10 be read with all necessary changes.
20G. Certificate relating to premises to be displayed
(1) The Board shall issue a certificate to the holder of a
dealer's licence for each premises that are included in
the licence in accordance with section 20E(5).
15 (2) The certificate shall state that the holder is authorised
under section 20E to carry on business at the premises
under the authority of the licence.
(3) The holder of a licence shall cause a certificate issued
under subsection (1) to be displayed in a conspicuous
20 position on the premises to which the certificate
applies.
Penalty: $1 500.
20H. Permits for special occasions
(1) This section applies where --
25 (a) a special occasion is being, or is to be, held at a
place for a limited period; and
(b) a licensed dealer wishes to carry on business in
premises at the place in connection with the
occasion.
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Part 2 Amendments relating to licensing
s. 17
(2) The dealer may apply to the Board in writing for a
temporary permit to carry on business as mentioned in
subsection (1)(b).
(3) If such an application is made, and the prescribed fee is
5 paid, the Board may grant to the dealer a temporary
permit to carry on business --
(a) at the premises;
(b) during the period; and
(c) subject to any conditions and restrictions,
10 specified in the permit.
(4) The Board may, by notice in writing to the holder of a
temporary permit, revoke the permit if the Board
considers that there is justification for doing so.
".
15 17. Section 21A amended
Section 21A is amended by deleting "21A." and inserting
instead --
" 21. ".
18. Section 21B replaced by sections 21A, 21B and 21C
20 Section 21B is repealed and the following sections are inserted
instead --
"
21A. Premises at which car markets may be provided
(1) A person shall not be registered under section 17B as a
25 car market operator unless the application for
registration --
(a) specifies the premises that are proposed to be
provided for a car market under the authority of
the registration; and
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 18
(b) is accompanied by a planning certificate to the
satisfaction of the Board in respect of the
premises.
(2) A planning certificate is a certificate from the authority
5 responsible for town planning matters in the district in
which the premises are situated showing that the
proposed provision of the premises as a car market --
(a) will comply; or
(b) would comply if any specified consent were
10 given,
with all relevant requirements of written laws relating to
planning that apply in respect of the premises.
(3) If an application complies with subsection (1) in
relation to any premises, the Board, if it grants the
15 application, shall authorise the car market operator to
provide the premises for a car market under the
authority of the registration.
(4) If an application is accompanied by a certificate that is
given in terms of subsection (2)(b), the Board, in
20 granting the application, may attach a condition to the
registration that --
(a) the operation of the registration is suspended
until the Board is satisfied that all necessary
consents have been given; and
25 (b) the grant lapses if the Board is not so satisfied
before the expiry of a period specified by it.
(5) The registration of a person as a car market operator
shall include particulars of all premises for which an
authorisation is in force under this section.
30 21B. Changes in authorised premises
(1) The Board may on --
(a) the application of the registered person;
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 19
(b) the production of any planning certificate in
terms of section 21A(2) that the Board
considers necessary; and
(c) payment of the prescribed fee,
5 at any time approve an alteration or addition to the
particulars referred to in section 21A(5).
(2) If necessary, the Board may attach a condition of the
kind described in section 21A(4) to an approval under
subsection (1), and for that purpose section 21A(4)
10 may be read with all necessary changes.
21C. Certificate relating to premises to be displayed
(1) The Board shall issue to the registered person a
certificate for each premises that are included in the
registration of a car market operator in accordance with
15 section 21A(5).
(2) The certificate shall state that the person is authorised
under section 21A to provide the premises for a car
market under the authority of the registration.
(3) The registered person shall cause a certificate issued
20 under subsection (1) to be displayed in a conspicuous
position on the premises to which the certificate
applies.
Penalty: $1 500.
".
25 19. Section 21C amended
Section 21C is amended as follows:
(a) by deleting "21C." and inserting instead --
" 21D. ".
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 20
(b) by deleting "The holder of a car market operator's
licence" and inserting instead --
"
A person who is registered as a car market operator
5 ";
(c) by deleting "a licence" and inserting instead --
" registration ";
(d) by deleting "the licence" in both places where it appears
and inserting instead --
10 " the registration ".
20. Section 22 amended
(1) Section 22(1) is amended by deleting "an order -- " and
inserting instead --
" order to which this subsection applies ".
15 (2) Section 22(1)(a), (b), (c) and (d) are deleted.
(3) After section 22(1) the following subsection is inserted --
"
(1a) Subsection (1) applies to a decision or order of the
Board --
20 (a) refusing an application for --
(i) an authorisation; or
(ii) the renewal of an authorisation;
(b) refusing --
(i) to authorise premises under section 20E
25 or 21A;
(ii) to grant an approval under section 20F
or 21B; or
(iii) to grant a temporary permit under
section 20H;
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 20
(c) in exercise of its disciplinary powers under
section 20(1), (2) or (3);
(d) in exercise of its powers in relation to
conditions and restrictions under section 18A or
5 20H;
(e) revoking a temporary permit under
section 20H(4); or
(f) refusing to approve of a change submitted to it
under section 23 in respect of a dealer's licence.
10 ".
(4) Section 22(1a) is amended as follows:
(a) by deleting the subsection designation "(1a)" and
inserting instead --
" (1b) ";
15 (b) in paragraph (a) by deleting "a licence" and inserting
instead --
"
an authorisation or the renewal of an
authorisation
20 ";
(c) by deleting paragraph (b) and inserting instead --
"
(b) authorising premises under section 20E or 21A;
";
25 (d) in paragraph (c) by inserting after "section 23" --
" in respect of a dealer's licence ".
(5) Section 22(2) and (6) are amended by deleting "(1a)" in each
place where it occurs and inserting instead --
" (1b) ".
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Amendments relating to licensing Part 2
s. 21
21. Section 22A amended
(1) Section 22A(1) is amended as follows:
(a) by deleting "and who pursuant to an order under
section 20" and inserting instead --
5 " or certificate of registration and who ";
(b) in paragraph (b) by deleting "a licence" and inserting
instead --
" that licence or registration ";
(c) by inserting after "the licence" --
10 " or certificate of registration ";
(d) by deleting "21 or 21B" and inserting instead --
" 20G or 21C ".
(2) Section 22A(3) is repealed and the following subsection is
inserted instead --
15 "
(3) Where an authorisation --
(a) is cancelled; or
(b) ceases to have effect under section 17D,
the person who was the holder of the authorisation
20 shall return to the secretary any relevant licence or
certificate of registration.
".
22. Section 23 amended
(1) Section 23(1) is amended by deleting "is granted under
25 subsection (2) of section 15 or subsection (2) of section 17A"
and inserting instead --
"
under section 15(2) or a registration under
section 17B(2) is in force
30 ".
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 23
(2) Section 23(1) is amended by inserting after "to the secretary" --
"
by the holder of the licence or the registered person, as
the case may require
5 ".
(3) Section 23(2) is amended by deleting "is granted under
subsection (3) of section 15 or subsection (3) of section 17A"
and inserting instead --
"
10 under section 15(3) or a registration under
section 17B(3) is in force
".
(4) Section 23(2) is amended by inserting after "to the secretary" --
"
15 by the holder of the licence or the registered person, as
the case may require
".
(5) Section 23(3) is amended by deleting "subsection (1) of this
section or subsection (2) of this section" and inserting
20 instead --
" subsection (1) or (2) in respect of a dealer's licence ".
(6) Section 23(5) is amended by deleting "or car market operator, as
the case may be,".
23. Section 24 amended
25 (1) Section 24(1) is repealed and the following subsection is
inserted instead --
"
(1) The secretary shall cause a register to be kept
showing --
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 23
(a) the prescribed particulars and matters relating
to --
(i) authorisations;
(ii) the holders of authorisations; and
5 (iii) premises authorised under sections 20E
and 21A;
and
(b) the particulars required to be kept by
section 17A(b).
10 ".
(2) Section 24(2) is amended as follows:
(a) by deleting "a licence" and inserting instead --
" an authorisation ";
(b) by deleting "valid licence" and inserting instead --
15 " valid authorisation ".
(3) After section 24(4) the following subsections are inserted --
"
(5) The register shall be open for inspection by any person,
on payment of the prescribed fee, during normal office
20 hours of the Board.
(6) A person may, on payment of the prescribed fee, obtain
from the secretary a certificate under his hand --
(a) showing whether or not a person was the holder
of any authorisation on a specified date or
25 during a specified period; or
(b) as to any other matter appearing in the register.
(7) A certificate referred to in subsection (6) is admissible
in proceedings as evidence of the matters stated in the
certificate.
30 ".
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Part 2 Amendments relating to licensing
s. 24
24. Section 25 amended
(1) Section 25(2a) is amended as follows:
(a) by deleting "The holder of a car market operator's
licence" and inserting instead --
5 "
A person who is registered as a car market operator
";
(b) by deleting "in respect of which the licence is granted"
and inserting instead --
10 "
authorised under section 21A in relation to that
registration
";
(c) in paragraph (a) by deleting "licence" and inserting
15 instead --
" registration ".
(2) Section 25(2e) is amended by deleting "at premises pursuant to
a car market operator's licence" and inserting instead --
"
20 by a person who is registered as a car market operator
at premises authorised under section 21A in relation to
that registration
".
25. Sections 30, 31 and 31A replaced by sections 30, 31, 31A,
25 31B, 31C and 31D
Sections 30, 31 and 31A are repealed and the following sections
are inserted instead --
"
30. Dealers to be licensed and premises to be authorised
30 (1) A person shall not engage in unlicensed dealing.
Penalty: $20 000 and a daily penalty of $500.
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 25.
(2) A dealer shall not carry on business as a dealer at any
premises except under and in accordance with --
(a) an authorisation under section 20E; or
(b) a permit granted under section 20H.
5 Penalty: $5 000.
(3) For the purposes of subsection (1) a person engages in
unlicensed dealing if he carries on any class or
description of business as a dealer otherwise than --
(a) under and in accordance with a dealer's licence
10 for that class or description of business; and
(b) in accordance with any condition or restriction
attached to the licence.
(4) Despite subsection (3) a person does not engage in
unlicensed dealing if he --
15 (a) acts in a business only in the capacity of a yard
manager or salesperson; or
(b) carries on or acts in a business only in the
capacity of a financier or auctioneer and --
(i) has an exemption under section 31; and
20 (ii) complies with any condition or
restriction to which the exemption is
subject.
31. Exemptions from compliance with this Act
(1) The Board may in writing grant an exemption from
25 compliance with this Act to a financier or an auctioneer
who --
(a) applies for an exemption in the approved form
and pays the prescribed fee; and
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 25.
(b) satisfies the Board --
(i) in the case of a financier, that he
ordinarily disposes of vehicles which he
has repossessed directly to dealers; or
5 (ii) in the case of an auctioneer, that the
selling of vehicles by auction does not
comprise a significant part of his
business as an auctioneer.
(2) An exemption under subsection (1) --
10 (a) may be granted subject to conditions;
(b) extends to a person acting as an employee or
agent of the financier or auctioneer; and
(c) may be revoked by the Board at any time.
31A. Yard managers to be licensed
15 A person shall not act in the capacity of a yard
manager, other than for or on behalf of a financier,
unless --
(a) he is --
(i) the holder of a yard manager's licence
20 under section 16(1); or
(ii) taken to be the holder of such licence
under section 16(2);
and
(b) he complies with any condition or restriction
25 attached to the licence.
Penalty: $5 000 and a daily penalty of $100.
31B. Salespersons to be licensed
A person shall not act in the capacity of a salesperson,
other than for or on behalf of a financier, unless --
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to licensing Part 2
s. 25.
(a) he is --
(i) the holder of a salesperson's licence
under section 17(1); or
(ii) taken to be the holder of such a licence
5 under section 17(2);
and
(b) he complies with any condition or restriction
attached to the licence.
Penalty: $5 000 and a daily penalty of $100.
10 31C. Unlicensed person not to be employed
A dealer shall not have a person employed or engaged
in his business if the performance of the person's duties
involve the person contravening section 31A or 31B, as
the case may be.
15 Penalty: $5 000 and a daily penalty of $100.
31D. Car market operators to be registered and premises
to be authorised
(1) A person shall not --
(a) carry on or act in the business of a car market
20 operator; or
(b) advertise that he --
(i) carries on or acts in; or
(ii) is willing to carry on or act in,
the business of a car market operator,
25 unless he is registered as a car market operator under
section 17B.
Penalty: $20 000 and a daily penalty of $500.
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Part 2 Amendments relating to licensing
s. 26
(2) A car market operator shall not provide premises for a
car market unless the premises are authorised to be so
provided under section 21A.
Penalty: $5 000.
5 ".
26. Section 40A amended
Section 40A(3)(a) and (b) are amended by deleting "the holder
of a car market operator's licence" in both places where it
occurs and inserting instead --
10 " registered under section 17B as a car market operator ".
27. Section 53 amended
Section 53 is amended by deleting "subsection (5) of
section 30" and inserting instead --
" 31B ".
15 28. Various provisions amended because of change to
expression "salesperson"
(1) The Act is amended by deleting "salesman" where it occurs in
the provisions referred to in the Table to this subsection and in
each case inserting --
20 " salesperson ".
Table
s. 17(d) s. 32(2)
s. 27(1) (twice) s. 33(7)(a)
s. 27(1a)(a) s. 42
s. 27(3) s. 54(1) (twice)
s. 29(1) s. 54(2)
(2) Section 5(1) is amended in the definition of "salesman" by
deleting " "salesman" " and inserting instead --
" "salesperson" ".
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Amendments relating to licensing Part 2
s. 29
(3) Section 5(1) is amended by deleting the definition of
"salesman's licence" and inserting the following definition
instead --
"
5 "salesperson's licence" means a salesperson's licence
granted under section 17;
".
(4) Section 16(c) is amended by deleting "salesmen" and inserting
instead --
10 " salespersons ".
(5) Section 17 is amended as follows:
(a) by deleting "salesman's" and inserting instead --
" salesperson's ";
(b) in paragraph (c) by deleting "salesmen" and inserting
15 instead --
" salespersons ".
(6) Section 24(3) is amended by deleting "salesman's" and
inserting instead --
" salesperson's ".
20 (7) Section 56(2)(g) is amended by deleting "salesmen" and
inserting instead --
" salespersons ".
29. Various sections amended to change "registered" to
"authorised"
25 (1) The Act is amended by deleting "registered" where it occurs in
the provisions referred to in the Table to this section and in each
case inserting --
" authorised ".
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Motor Vehicle Dealers Amendment Bill 2000
Part 2 Amendments relating to licensing
s. 29
Table
s. 25(1) s. 27(4)(b)
s. 27(1) s. 53(1) (twice)
s. 27(3) (twice)
(2) Section 27(1a)(b) is amended by deleting "registered" and
inserting instead --
" authorised ".
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to offences and penalties Part 3
s. 30
Part 3 -- Amendments relating to offences
and penalties
30. Section 14 amended
Section 14(3) is amended as follows:
5 (a) by deleting "If any person" and inserting instead --
" A person shall not ";
(b) in paragraph (a) --
(i) by deleting "who has" and inserting instead --
" having ";
10 (ii) by deleting "fails" and inserting instead --
" fail ";
(c) in paragraph (b) by deleting "interrupts" and inserting
instead --
" interrupt ";
15 (d) in paragraph (c) --
(i) by deleting "refuses" and inserting instead --
" refuse ";
(ii) by deleting "fails" and inserting instead --
" fail ";
20 (iii) by deleting "makes a false statement to the
Board," and inserting instead --
" make a false statement to the Board. ";
(e) by deleting "he shall be guilty of an offence and liable to
a penalty not exceeding $400.";
25 (f) by inserting at the foot of the subsection --
" Penalty: $5 000. ".
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Motor Vehicle Dealers Amendment Bill 2000
Part 3 Amendments relating to offences and penalties
s. 31
31. Section 21A amended
Section 21A is amended by inserting at the foot of the
section --
" Penalty: $1 500. ".
5 32. Section 21C amended
Section 21C is amended by inserting at the foot of the
section --
" Penalty: $1 500. ".
33. Section 22A amended
10 Section 22A is amended by inserting at the foot of the
section --
" Penalty: $1 500. ".
34. Section 23 amended
(1) Section 23(1) is amended by inserting at the foot of the
15 subsection --
" Penalty: $2 000. ".
(2) Section 23(2) is amended by inserting at the foot of the
subsection --
" Penalty: $2 000. ".
20 35. Section 24 amended
Section 24(3) is amended by inserting at the foot of the
subsection --
" Penalty: $1 500. ".
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Motor Vehicle Dealers Amendment Bill 2000
Amendments relating to offences and penalties Part 3
s. 36
36. Section 25 amended
(1) Section 25(2e) is amended in the penalty provision by deleting
"$200" and inserting instead --
" $1 000 ".
5 (2) Section 25(3) is repealed and the following subsection is
inserted instead --
"
(3) A person shall not knowingly --
(a) make a false entry; or
10 (b) cause a false entry to be made,
in any register kept for the purposes of this section.
".
(3) Section 25 is amended by inserting at the foot of the section --
"
15 Penalty applicable to subsections (1), (1a), (2), (2a),
(2b) and (3): $5 000.
".
37. Section 26 amended
(1) Section 26(1) is amended by inserting at the foot of the
20 subsection --
" Penalty: $2 000. ".
(2) Section 26(2) is amended by inserting at the foot of the
subsection --
" Penalty: $2 000. ".
25 38. Section 27 amended
(1) Section 27(1) is amended by inserting at the foot of the
subsection --
" Penalty: $5 000. ".
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Part 3 Amendments relating to offences and penalties
s. 39
(2) Section 27(3) is amended by inserting at the foot of the
subsection --
" Penalty: $5 000. ".
39. Section 29 amended
5 Section 29 is amended by inserting at the foot of the section --
"
Penalty applicable to subsections (1), (2), (3)
and (5): $5 000.
".
10 40. Section 33 amended
(1) Section 33(1) is repealed and the following subsection is
inserted instead --
"
(1) A dealer, yard manager or salesperson shall not --
15 (a) offer or display a second-hand vehicle for sale;
or
(b) cause, suffer or permit a second-hand vehicle to
be offered or displayed for sale,
unless there is attached to the vehicle in the manner
20 specified in subsection (6) a notice in the prescribed
form containing the prescribed particulars.
Penalty: $5 000.
".
(2) Section 33(4) is amended in the penalty provision by deleting
25 "$500" and inserting instead --
" $5 000 ".
(3) Section 33(7) is amended by inserting at the foot of the
subsection --
" Penalty: $1 000. ".
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Amendments relating to offences and penalties Part 3
s. 41
41. Section 37 amended
Section 37(5) is amended in the penalty provision by deleting
"$500" and inserting instead --
" $5 000 ".
5 42. Section 40B amended
Section 40B(1) is amended in the penalty provision by deleting
"$500" and inserting instead --
" $2 000 ".
43. Section 41 amended
10 Section 41(1) is amended in the penalty provision by deleting
"$500" and inserting instead --
" $5 000 ".
44. Section 43 amended
Section 43(1) is amended in the penalty provision by deleting
15 "$500" and inserting instead --
" $1 000 ".
45. Section 44 amended
Section 44(1) is amended in the penalty provision by deleting
"$500" and inserting instead --
20 " $5 000 ".
46. Section 45 amended
Section 45(1) is amended by deleting the penalty provision and
inserting instead --
"
25 Penalty applicable to paragraph (a): $20 000.
Penalty applicable to other paragraphs: $5 000.
".
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Part 3 Amendments relating to offences and penalties
s. 47
47. Section 50 amended
Section 50 is amended in the penalty provision by deleting
"$500" and inserting instead --
" $5 000 ".
5 48. Section 52 amended
(1) Section 52(1) and (2) are repealed.
(2) Section 52(4) is amended by deleting "12 months" and inserting
instead --
" 2 years ".
10 49. Section 55A inserted
After section 55 the following section is inserted --
"
55A. Infringement notices
(1) In subsection (3), (6) or (7) --
15 "designated official" means a person designated under
subsection (13) by the Commissioner for the
purposes of the subsection in which the term is
used.
(2) An authorised officer or a member of the Police Force
20 who has reason to believe that a person has committed
a prescribed offence against this Act may, within
21 days after the alleged offence is believed to have
been committed, give an infringement notice to the
alleged offender.
25 (3) An infringement notice is to be in the prescribed form
and is to --
(a) contain a description of the alleged offence;
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Amendments relating to offences and penalties Part 3
s. 49
(b) advise that if the alleged offender does not wish
to have a complaint of the alleged offence
heard and determined by a court, the amount of
money specified in the notice as being the
5 modified penalty for the offence may be paid to
a designated official within a period of 28 days
after the giving of the notice; and
(c) inform the alleged offender as to who are
designated officials for the purposes of
10 receiving payment of modified penalties.
(4) In an infringement notice the amount specified as being
the modified penalty for the offence referred to in the
notice is to be the amount that was the prescribed
modified penalty at the time the alleged offence is
15 believed to have been committed.
(5) The modified penalty that may be prescribed for an
offence is not to exceed 20% of the maximum penalty
that could be imposed for that offence by a court.
(6) A designated official may, in a particular case, extend
20 the period of 28 days within which the modified
penalty may be paid and the extension may be allowed
whether or not the period of 28 days has elapsed.
(7) A designated official may, whether or not the modified
penalty has been paid, withdraw an infringement notice
25 by sending to the alleged offender a notice in the
prescribed form stating that the infringement notice has
been withdrawn.
(8) Where an infringement notice is withdrawn after the
modified penalty has been paid, the amount is to be
30 refunded.
(9) Subsection (10) applies where the modified penalty
specified in an infringement notice has been paid
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Part 3 Amendments relating to offences and penalties
s. 50
within 28 days or such further time as is allowed and
the notice has not been withdrawn.
(10) Where this subsection applies it prevents the bringing
of proceedings and the imposition of penalties to the
5 same extent that they would be prevented if the alleged
offender had been convicted by a court of, and
punished for, the alleged offence.
(11) Payment of a modified penalty is not to be regarded as
an admission for the purposes of any proceedings,
10 whether civil or criminal.
(12) Unless subsection (8) requires it to be refunded, an
amount paid as a modified penalty is to be dealt with as
if it were a penalty imposed by a court as a penalty for
an offence.
15 (13) The Commissioner may, in writing, designate
persons or classes of persons for the purposes of
subsection (3), (6) or (7) or for the purposes of 2 or
more of those subsections, but an authorised officer or
a member of the Police Force is not eligible to be so
20 designated.
(14) The Commissioner is to issue to each authorised officer
a certificate of his authorisation under subsection (2),
and the authorised officer is to produce the certificate
whenever required to do so by a person to whom an
25 infringement notice has been or is about to be given.
".
50. Section 56 amended
Section 56(2) is amended as follows:
(a) by deleting "and" after paragraph (g);
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Amendments relating to offences and penalties Part 3
s. 50
(b) by inserting after paragraph (g) --
"
(ga) prescribe --
(i) offences for which an infringement
5 notice may be given under section 55A;
and
(ii) for each prescribed offence --
(I) a modified penalty; or
(II) a different modified penalty
10 according to the circumstances
of the offence,
but not in any case exceeding the
amount allowed by section 55A(5); and
";
15 (c) in paragraph (h) by deleting "$200" and inserting
instead --
" $2 000 ".
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Part 4 Amendments relating to dealings in vehicles
s. 51
Part 4 -- Amendments relating to dealings in vehicles
51. Section 5 amended
Section 5(1) is amended in the definition of "demonstration
vehicle", in paragraph (b), by deleting "subsection (1) of ".
5 52. Heading inserted
After the heading to Part III, the following heading is
inserted --
" Division 1 -- Preliminary ".
53. Section 32 amended
10 Section 32(1) is amended by deleting "The" and inserting
instead --
" Without limiting Division 2, the ".
54. Sections 32A to 32K and Division headings inserted
After section 32 the following sections and Division headings
15 are inserted --
"
Division 2 -- Sales on consignment
32A. Definitions
In this Division --
20 "consignment agreement" means an agreement under
which a dealer agrees --
(a) to sell a vehicle (including by auction) for a
person who is not --
(i) a dealer or a trade owner; or
25 (ii) a person acting as an agent of a dealer
or a trade owner;
and
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s. 54
(b) to pay the proceeds of sale after the
deduction of any agreed commission and
charges to, or partly to each of --
(i) the person or a person authorised by
5 him; or
(ii) a person holding a security interest in
the vehicle;
"consignor" means a person for whom a dealer agrees
to sell a vehicle under a consignment agreement;
10 "security interest" has the same meaning as it has in
the Chattel Securities Act 1987;
"trust account" means a trust account required to be
maintained by a dealer under section 32C.
32B. Requirements for consignment agreements
15 (1) A dealer shall not accept a vehicle under a consignment
agreement unless the agreement --
(a) is in writing signed by the consignee, or his
agent, and the consignor; and
(b) contains the prescribed particulars, terms and
20 conditions.
Penalty: $5 000.
(2) Subsection (1)(b) does not prevent a consignment
agreement containing, or incorporating by reference,
other terms and conditions so long as they are not
25 inconsistent with those that are prescribed.
(3) A dealer shall ensure that a copy of a consignment
agreement is given to the consignor immediately after
the agreement is signed by the parties to it.
Penalty: $5 000.
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32C. Dealer selling on consignment to have trust account
A dealer shall not accept a vehicle for sale under a
consignment agreement unless the dealer has open with
a prescribed financial institution at least one account
5 designated as a trust account.
Penalty: $5 000.
32D. Payments to trust account
(1) Where money is received by a dealer from the sale of a
vehicle under a consignment agreement, the dealer
10 shall pay all of the money into a trust account not later
than the next day after the day of receipt on which the
relevant financial institution is open for business.
Penalty: $5 000.
(2) A dealer shall not pay money into a trust account other
15 than money received from the sale of vehicles under
consignment agreements.
Penalty: $5 000.
32E. Withdrawals from trust account
(1) A dealer shall not, without the prior written approval of
20 the Board, withdraw money paid into a trust account
from the sale of a vehicle under a consignment
agreement, except for the purpose of --
(a) paying an amount properly payable to --
(i) the consignor of the vehicle concerned
25 or a person authorised by him; or
(ii) the holder of a security interest in the
vehicle;
(b) satisfying a debt due to the dealer by the
consignor for commission or other charges; or
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Amendments relating to dealings in vehicles Part 4
s. 54
(c) paying an amount that is authorised by the
regulations to be paid.
Penalty: $5 000.
(2) Except as otherwise provided by the regulations,
5 money held in a trust account is not available for
payment of the debts of a dealer or liable to be taken in
execution under the order or process of a court.
(3) Nothing in this Division takes away or affects a lawful
claim or lien that a person has against or on any money
10 received from the sale of a vehicle under a
consignment agreement.
32F. Provisions relating to financial institutions
(1) A financial institution does not incur any liability or
obligation to any person by reason only that it has
15 failed to secure compliance by a dealer with any
provision of this Division, or of the regulations,
relating to --
(a) the keeping of; or
(b) the withdrawal of money from,
20 a trust account.
(2) A financial institution at which a dealer maintains a
trust account shall not have any recourse or right,
whether by way of set off, counterclaim, charge or
otherwise, to money standing to the credit of that
25 account in respect of any liability of the dealer to the
financial institution, other than a liability in connection
with that account.
32G. Payment to consignor
Where a dealer sells a vehicle under a consignment
30 agreement he shall pay the proceeds of sale as required
by --
(a) the provisions of the agreement; and
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Part 4 Amendments relating to dealings in vehicles
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(b) the terms and conditions prescribed for the
purposes of section 32B(1)(b).
Penalty: $5 000.
32H. Dealers to maintain accounts
5 A dealer shall --
(a) keep full and accurate accounts and records
of --
(i) all proceeds received from sales of
vehicles under consignment agreements;
10 and
(ii) all payments made by the dealer of or
from those proceeds;
(b) before the end of the next business day after the
day on which proceeds of a sale are received or
15 a payment is made, record particulars of --
(i) the amount so received or paid; and
(ii) the person from whom it was received
or to whom it was paid;
(c) keep the accounts and records in such a manner
20 that they can be conveniently and properly
audited; and
(d) correctly balance the accounts at the end of
each month.
Penalty: $5 000.
25 32I. Audit of trust account
(1) A dealer shall ensure that each trust account of the
dealer is audited by a person who is a registered
company auditor at least once in each period of
12 months commencing on the day on which the
30 account is opened.
Penalty: $5 000.
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(2) In subsection (1) and in section 32J --
"registered company auditor" has the same meaning
as it has in the Corporations Law.
32J. Special audit of trust account
5 (1) The Board may exercise the power in subsection (2) if
it is of the opinion that it is desirable to do so because
of the circumstances, or the alleged circumstances, of a
dealer's business.
(2) The Board may --
10 (a) at any time order that a special audit of a trust
account of a dealer shall be carried out by a
registered company auditor at the expense of
the dealer; and
(b) for that purpose --
15 (i) appoint the auditor; and
(ii) specify the information that is to be
furnished, and the time within which the
auditor is to report, to the Board.
(3) Where an order is made under subsection (2) in respect
20 of a trust account of a dealer, the dealer shall do all
things that are necessary to be done on his part to
enable the audit to be completed.
Penalty: $5 000.
32K. Regulations relating to audit
25 The regulations may make provision for or with respect
to the auditing of trust accounts under sections 32I and
32J, including --
(a) the information and matters to be contained in
the auditor's report; and
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Part 4 Amendments relating to dealings in vehicles
s. 55
(b) when, and to whom, the auditor shall report.
Division 3 -- Obligation to display particulars of vehicle
".
55. Heading inserted
5 After section 33 the following heading is inserted --
"
Division 4 -- Obligation to repair certain defects
".
56. Section 34 replaced by sections 34, 34A, 34B, 34C, 34D, 34E,
10 34F and 34G
Section 34 is repealed and the following sections are inserted
instead --
"
34. Obligation to repair
15 A dealer who sells a vehicle to which this Division
applies shall at his own expense repair or make good,
or cause to be repaired or made good, a defect for
which he is responsible under sections 34B, 34C and
34D so as to --
20 (a) make the vehicle roadworthy; and
(b) place the vehicle in a reasonable condition
having regard to its age.
34A. Vehicles covered by obligation to repair
(1) This Division applies to a second-hand vehicle that --
25 (a) is sold by a dealer to a person who does not by
reason of the sale become a trade owner of the
vehicle;
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Amendments relating to dealings in vehicles Part 4
s. 56
(b) is sold (as mentioned in paragraph (a)) at a cash
price of or over --
(i) in the case of a motor cycle, $3 500 or
such other amount as is prescribed; or
5 (ii) in the case of any other vehicle, $4 000
or such other amount as is prescribed;
(c) on the day of the sale is within the limits
specified in subsection (2); and
(d) is not excluded from the operation of this
10 Division by an order under section 34G.
(2) The limits referred to in subsection (1)(c) are that --
(a) in the case of a motor cycle, it --
(i) is not more than 8 years old; or
(ii) has not been driven for more than
15 80 000 km;
and
(b) in the case of any other vehicle, it --
(i) is not more than 12 years old; or
(ii) has not been driven for more than
20 180 000 km.
(3) This Division does not apply to a vehicle that is sold by
a dealer to a person if the person was in possession of
the vehicle for a period of 3 months or more
immediately preceding the day of sale.
25 34B. Defects for which dealer responsible
(1) The dealer is responsible under section 34 for any
defect that renders, or is likely to render, the vehicle
unroadworthy or unserviceable, but is not responsible
for a defect --
30 (a) that comes within section 35(2);
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Part 4 Amendments relating to dealings in vehicles
s. 56
(b) arising from or incidental to any accidental
damage to the vehicle that occurred after the
sale;
(c) arising from misuse or negligence on the part of
5 a driver of the vehicle that occurred after the
sale; or
(d) occurring in the tyres, battery or any prescribed
accessory to the vehicle.
(2) Subsection (1) applies to a defect whether or not it
10 existed at the time of the sale.
34C. Period during which dealer responsible: vehicles
other than motor cycles
(1) In this section --
"category 1 vehicle" means a vehicle that on the day
15 of the sale --
(a) is not more than 10 years old; or
(b) has been driven for not more than
150 000 km;
"category 2 vehicle" means a vehicle that on the day
20 of the sale --
(a) is more than 10 years but not more than
12 years old; or
(b) has been driven for more than 150 000 km
but not more than 180 000 km;
25 "vehicle" means a vehicle to which this Division
applies other than a motor cycle.
(2) In the case of a category 1 vehicle, the dealer is
responsible under section 34 for a defect that appears in
the vehicle before --
30 (a) the vehicle has been driven for 5 000 km after
the sale; or
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Amendments relating to dealings in vehicles Part 4
s. 56
(b) the expiry of the period of 3 months following
the day of the sale,
whichever happens first.
(3) In the case of a category 2 vehicle, the dealer is
5 responsible under section 34 for a defect that appears in
the vehicle before --
(a) the vehicle has been driven for 1 500 km after
the sale; or
(b) the expiry of the period of one month following
10 the day of the sale,
whichever happens first.
34D. Period during which dealer responsible: motor
cycles
The dealer is responsible under section 34 for a defect
15 that appears in a motor cycle to which this Division
applies before --
(a) the motor cycle has been driven for 5 000 km
after the sale; or
(b) the expiry of the period of 3 months following
20 the day of the sale,
whichever happens first.
34E. Certain periods excluded from calculation
In determining the periods mentioned in
section 34C(2)(b) and (3)(b) and section 34D(b), no
25 account shall be taken of any period during which the
dealer is in possession of the vehicle for the purpose or
purported purpose of ascertaining or carrying out his
obligations under section 34.
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Part 4 Amendments relating to dealings in vehicles
s. 56
34F. Age of vehicle
(1) For the purposes of sections 34A(2) and 34C(1) the age
of a vehicle shall be reckoned from the date of
manufacture of the vehicle as determined under this
5 section.
(2) The date of manufacture of a vehicle is to be taken to
be --
(a) the date of manufacture shown on the vehicle's
compliance plate;
10 (b) the "built date" shown on the vehicle; or
(c) if paragraph (a) or (b) does not apply --
(i) the date agreed in writing between the
dealer and the purchaser of the vehicle;
or
15 (ii) failing such agreement, the date fixed
by the Commissioner exercising the
jurisdiction conferred by section 36(d).
(3) If for a vehicle only a month in a particular year is
shown in a way mentioned in subsection (2)(a) or (b)
20 the date of manufacture of the vehicle is to be taken to
be the first day of the next month.
(4) In subsection (2) --
" "built date" shown on the vehicle" means the date,
or the month in a particular year, that follows the
25 expression "built" or "built date" (or a similar
expression) on --
(a) a metal plate attached to the vehicle; or
(b) a metal component of the vehicle;
"compliance plate", in relation to a vehicle, means a
30 plate attached to the vehicle that indicates that the
vehicle complies with the standards required by
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Amendments relating to dealings in vehicles Part 4
s. 57
law for vehicles of that make, model and year of
manufacture.
34G. Exclusion of vehicles from this Division
The Minister may by order published in the Gazette
5 exclude a vehicle or any class or description of vehicles
from the operation of this Division, and may in the
same way revoke or amend an order so made.
".
57. Section 35 amended
10 Section 35(2) is amended by deleting "subsection (1) of
section 34 shall not apply to and in relation to that defect" and
inserting instead --
"
that defect is not one for which the dealer is
15 responsible under section 34
".
58. Heading inserted
After section 35, the following heading is inserted --
" Division 5 -- Disputes ".
20 59. Section 40 repealed
Section 40 is repealed.
60. Section 42A inserted
After section 42 the following section is inserted --
"
25 42A. Agreements for sale of vehicles by dealer
(1) This section applies only where a dealer sells a vehicle,
other than by auction, to a person who is not a dealer.
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Part 4 Amendments relating to dealings in vehicles
s. 61
(2) A contract or agreement for the sale of a vehicle --
(a) shall be in writing signed by the dealer, or his
agent, and the purchaser; and
(b) shall contain the prescribed particulars, terms
5 and conditions.
(3) Subsection (2)(b) does not prevent a contract or
agreement containing, or incorporating by reference,
other terms and conditions so long as they are not
inconsistent with those that are prescribed.
10 (4) Without limiting section 43(7) of the Interpretation
Act 1984, particulars, terms and conditions that are
prescribed for contracts or agreements for the sale of
new vehicles may be different from those that are
prescribed for contracts or agreements for the sale of
15 second-hand vehicles.
(5) A dealer or his agent shall not enter into a contract or
agreement for the sale of a vehicle unless the contract
or agreement complies with subsection (2).
Penalty: $5 000.
20 ".
61. Section 56 amended
Section 56(2)(e) is amended by deleting "exempted from the
provisions of subsection (1) of section 34" and inserting
instead --
25 "
excluded from the operation of Division 3 of
Part III
".
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Motor Vehicle Dealers Amendment Bill 2000
Miscellaneous amendments Part 5
s. 62
Part 5 -- Miscellaneous amendments
62. Section 6 amended
Section 6(1) is amended by deleting "to 25, both inclusive" and
inserting instead --
5 " 23A, 24 and 25 ".
63. Section 8 amended
Section 8(1)(b) is amended by deleting "Western Australian
Automobile Chamber of Commerce (Inc.)" and inserting
instead --
10 "
Motor Trade Association of Western Australia
Incorporated
".
64. Section 27 amended
15 Section 27(1a) is amended by deleting "and selling" and
inserting instead --
" or selling ".
65. Section 28 replaced by sections 28 and 28A
Section 28 is repealed and the following sections are inserted
20 instead --
"
28. Order to remedy defects in second-hand vehicle
(1) This section applies where --
(a) an inspecting officer is examining or testing a
25 second-hand vehicle under section 27; and
(b) the officer is of the opinion that the vehicle or
its equipment is defective.
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Part 5 Miscellaneous amendments
s. 65
(2) The inspecting officer may make an order in the
approved form --
(a) specifying any defect in the vehicle or its
equipment; and
5 (b) requiring the owner of the vehicle, not later
than the day specified in the order, at the
owner's option, to either --
(i) remedy each defect so specified; or
(ii) return the number plates relating to the
10 vehicle to the nearest licensing or
registering authority in accordance with
section 28A.
(3) Where an order is made under subsection (2) in respect
of a vehicle, the inspecting officer shall attach to the
15 vehicle a notice in the approved form --
(a) stating that the order has been made; and
(b) informing the owner that the sale of the vehicle
is prohibited as provided by section 29(1).
(4) If the dealer is the owner of the vehicle, the order shall
20 be given to the dealer.
(5) If the dealer is in possession of the vehicle under a
consignment agreement --
(a) the dealer shall inform the inspecting officer of
the name and address of the consignor; and
25 (b) the inspecting officer shall give the order or
cause it to be given to the consignor.
(6) The day specified in an order under subsection (2) may
be extended to a later day, once or more than once, if
there are reasonable grounds for doing so.
30 (7) An order under subsection (2) and the corresponding
notice under subsection (3) may be amended or
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Miscellaneous amendments Part 5
s. 65
cancelled so far as is necessary to correct any error or
irregularity.
(8) The powers in subsections (6) and (7) may be exercised
by persons or classes of persons designated by the
5 Commissioner, but an inspecting officer is not eligible
to be so designated.
(9) Subject to subsection (7), an order under subsection (2)
remains in force until the conditions provided for by
either of the following paragraphs are met --
10 (a) the number plates are returned to the nearest
licensing or registering authority --
(i) as required by the order and the
provisions of section 28A; or
(ii) under section 29(3);
15 (b) the vehicle has been examined by an inspecting
officer and the officer --
(i) is satisfied that each defect specified in
the order has been remedied; and
(ii) cancels the order and removes the notice
20 attached to the vehicle under
subsection (3).
(10) An inspecting officer examining a vehicle as
mentioned in subsection (9)(b) may make a further
order under subsection (2) in respect of the vehicle if
25 he is of the opinion that the vehicle or its equipment is
defective.
(11) The owner of a vehicle in respect of which an order is
made under subsection (2) shall comply with the order.
Penalty: $2 000.
30 (12) A person shall not wilfully remove, damage or
obliterate a notice attached to a vehicle under
subsection (3).
Penalty: $2 000.
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Part 5 Miscellaneous amendments
s. 65
(13) In this section --
"consignment agreement" has the same meaning as it
has in section 32A;
"defective", in relation to a vehicle, means that it
5 requires work to be done to it, or other attention, to
make it comply with any requirement of a written
law that applies to the vehicle or its equipment;
and "defect" has a corresponding meaning;
"inspecting officer" means a member of the Police
10 Force or an authorised officer;
"owner" means --
(a) the dealer at whose authorised premises the
vehicle is being examined or tested, if he is
the trade owner of the vehicle; or
15 (b) if the dealer is in possession of the vehicle
under a consignment agreement, the
consignor under that agreement.
28A. Return of number plates
(1) The owner of a vehicle who elects to return the number
20 plates relating to the vehicle as mentioned in
section 28(2)(b)(ii) shall send or deliver to the nearest
licensing or registering authority --
(a) the number plates; and
(b) a duly completed notice in the approved form.
25 (2) The owner of a vehicle, by taking the action specified
in subsection (1), surrenders any licence for the vehicle
issued under the Road Traffic Act 1974.
".
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Miscellaneous amendments Part 5
s. 66
66. Section 29 amended
(1) Section 29(1) is amended by deleting the passage from and
including "of which the sale" to the end of the subsection and
inserting instead --
5 " in respect of which an order is in force under section 28. ".
(2) Section 29(2) is repealed and the following subsection is
inserted instead --
"
(2) A person shall not, by a representation that a
10 second-hand vehicle is being acquired for the purpose
of being broken up, induce another to sell the vehicle if
the sale would, but for that representation, be
prohibited by subsection (1).
".
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Motor Vehicle Dealers Amendment Bill 2000
Part 6 Consequential amendments
s. 67
Part 6 -- Consequential amendments
67. Chattel Securities Act 1987 amended
The Chattel Securities Act 1987* is amended in section 7(2) by
deleting the passage from "the security interest from" to the end
5 of the subsection and inserting instead --
"
the security interest from --
(a) a motor vehicle dealer licensed; or
(b) a car market operator registered,
10 under the Motor Vehicle Dealers Act 1973, the security
interest of the secured party is extinguished.
".
[*Act No. 101 of 1987.
For subsequent amendments see 1999 Index to Legislation of
15 Western Australia, Table 1, p. 34.]
68. Pawnbrokers and Second-hand Dealers Act 1994 amended
The Pawnbrokers and Second-hand Dealers Act 1994* is
amended by deleting section 4(1)(c) and inserting instead --
"
20 (c) a holder of an authorisation under the Motor
Vehicle Dealers Act 1973 who is acting in
accordance with the authorisation.
".
[*Act No. 88 of 1994.
25 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 183.]
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Motor Vehicle Dealers Amendment Bill 2000
Transitional provisions Part 7
s. 69
Part 7 -- Transitional provisions
69. Definition
In this Part --
"the principal Act" means the Motor Vehicle Dealers
5 Act 1973.
70. Licence applications in progress
(1) If, before the commencement of section 6, 7 or 8 of this Act, an
application for the grant or renewal of a dealer's licence, yard
manager's licence or salesman's licence --
10 (a) has been made; but
(b) has not been determined,
the application is to be determined as if Part 2 of this Act had
not been enacted.
(2) If, before the commencement of section 10 of this Act, an
15 application --
(a) has been made by a person, by persons constituting a
firm or by a body corporate for the grant or renewal of a
car market operator's licence; but
(b) has not been determined,
20 the application is to be taken to be an application by the person,
persons or body corporate to be registered as a car market
operator under section 17B of the principal Act as in force after
the commencement of section 10.
71. Existing dealer's licence
25 (1) This section applies where a person, persons constituting a firm,
or a body corporate held a dealer's licence under the principal
Act ("the existing licence") immediately before the
commencement of section 6 of this Act.
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Part 7 Transitional provisions
s. 72
(2) The person, the persons constituting the firm, or the body
corporate is or are to be taken on that commencement to hold a
dealer's licence for each class or description of business
prescribed by regulations referred to in section 5A of the
5 principal Act.
(3) Subject to the principal Act, the licence referred to in
subsection (2) continues in force --
(a) until the expiry of the period stated in the existing
licence; and
10 (b) on the same terms and conditions as applied to that
licence.
72. Existing car market operator's licence
(1) This section applies where a person, persons constituting a firm,
or a body corporate held a car market operator's licence under
15 the principal Act immediately before the commencement of
section 10 of this Act.
(2) The person, the persons constituting the firm, or the body
corporate is or are to be taken on that commencement --
(a) to be registered as a car market operator under
20 section 17B of the principal Act; and
(b) subject to the principal Act, to be so registered until the
expiry of the period stated in the licence.
73. Premises covered by existing certificate of registration
(1) Where immediately before the commencement of section 16 of
25 this Act a certificate of registration is in force under section 21
of the principal Act in respect of premises at which a dealer
carries on business, the premises are to be taken after that
commencement to be authorised premises under the principal
Act in relation to that dealer.
30 (2) Where immediately before the commencement of section 17 of
this Act a certificate of registration is in force under section 21B
page 68
[Draft Bill for public comment]
Motor Vehicle Dealers Amendment Bill 2000
Transitional provisions Part 7
s. 74
of the principal Act in respect of premises that are provided for
a car market by a car market operator, the premises are to be
taken after that commencement to be authorised premises under
the principal Act in relation to that car market operator.
5 74. Existing grounds for disciplinary action
The powers of the Board under section 20(1) of the principal
Act inserted by section 16 of this Act may be exercised in
relation to acts, omissions and conduct that occurred before or
after the commencement of section 16.
10 75. Time limit for prosecution of existing offences
Section 52(4) of the principal Act applies to an offence
committed before the commencement of subsection (2) of
section 48 of this Act as if that subsection had not been passed.
76. Application of Part III, Division 2
15 Division 2 inserted in Part III of the principal Act by section 54
of this Act does not apply to a consignment agreement (as
defined in section 32A of the principal Act) that was entered
into before the commencement of section 54.
77. Dealer's obligation to repair
20 (1) Sections 34 to 34G inserted in the principal Act by section 56 of
this Act do not apply to a second-hand vehicle that was sold
before the commencement of section 56.
(2) Section 34 of the principal Act repealed by section 56 of this
Act continues to apply, despite the repeal, to second-hand
25 vehicles sold by a dealer before the commencement of
section 56.
78. Application of section 42A
Section 42A of the principal Act inserted by section 60 of this
Act does not apply to a contract or agreement for the sale of a
page 69
[Draft Bill for public comment]
Motor Vehicle Dealers Amendment Bill 2000
Part 7 Transitional provisions
s. 79
vehicle that was entered into before the commencement of
section 60.
79. Further transitional provision may be made
(1) The Governor may make regulations --
5 (a) amending or supplementing the transitional provisions
made by this Part; or
(b) making further transitional provisions,
for the purpose of providing an effective and efficient transition
from the principal Act as in force before the commencement of
10 any provision of this Act to the principal Act as amended by this
Act.
(2) Regulations under subsection (1) may have effect before the day
on which they are published in the Gazette.
(3) To the extent that a regulation under subsection (1) has effect
15 before the day of its publication in the Gazette, it does not --
(a) affect in a manner prejudicial to any person the rights of
that person existing before the day of its publication; or
(b) impose liabilities on any person in respect of anything
done or omitted to be done before the day of its
20 publication.
page 70
[Draft Bill for public comment]
WESTERN AUSTRALIA
MOTOR VEHICLE
DEALERS
AMENDMENT
BILL 2000
DRAFT BILL FOR PUBLIC COMMENT
The Government proposes to introduce into Parliament
a Bill to amend the Motor Vehicle Dealers Act 1973
This draft Bill has been prepared for public comment
but it does not necessarily represent
the Government's settled position.
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