MOTOR VEHICLE DEALERS ACT 1973

Table of Provisions

PART I -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 5 Terms used
 
• 5A Classes of business and categories of licence
 
• 5B Some persons taken to be dealers
 
• 6 Investigation powers

PART II -- Licensing, registration, powers and offences

Division 2 -- Licensing and registration  

• 15 Vehicle dealer’s licence, application for and grant of
 
• 16 Yard manager’s licence, application for and grant of
 
• 17 Salesperson’s licence, application for and grant of
 
• 17B Car market operator, registration as
 
• 17C Power to refuse registration under s. 17B or renewal of registration
 
• 17D Person cannot be both registered car market operator and licensee
 
• 18 Grounds for refusing to grant or renew authorisation
 
• 18A Conditions etc. on licences
 
• 19 Duration and renewal of authorisations
 
• 19A Surrender of authorisation
 
• 20 Allegations Commissioner may make to SAT
 
• 20A Orders SAT may make on s. 20(1) allegation
 
• 20B Limitations on s. 20A(4) powers
 
• 20BA Orders SAT may make on s. 20(2) or (3) allegation
 
• 20C SAT may suspend authorisation in some cases
 
• 20D Disqualified persons, offences as to
 
• 20E Dealer’s licence, applications for to specify premises etc.
 
• 20FA Authorisation of premises does not affect planning laws
 
• 20F Changes in authorised premises
 
• 20G Certificate for dealer’s authorised premises, issue and display of
 
• 20H Special occasions, permits for
 
• 21 Dealer’s premises and advertisements to show name and number
 
• 21A Car market operator registration, application for to specify premises etc.
 
• 21BA Authorisation of premises does not affect planning laws
 
• 21B Changes in authorised premises
 
• 21C Certificate for car market operator’s premises, issue and display of
 
• 21D Car market operator’s premises and advertisements to show name and number
 
• 22 Review of certain decisions by SAT, applying for
 
• 22A Licence or certificate of registration to be returned if cancelled etc.
 
• 23 Changes to particulars on licence or registration, Commissioner to be notified etc.
 
• 24 Register of authorisations etc.; evidentiary provisions

Division 3 -- Record-keeping and notification of authorities  

• 25 Register to be kept by licence holders etc.
 
• 26 Transactions in second-hand vehicles, vehicle licensing authority to be notified of

Division 4 -- Powers to inspect vehicles and order remedial work  

• 27 Second-hand vehicles, powers of police etc. to inspect etc., where to be kept by dealers etc.
 
• 28 Defects in second-hand vehicle, powers of police etc. to order remediation of
 
• 28A Number plates, how to be returned under s. 28(2)(b)(ii)
  29. Unroadworthy vehicles, restrictions on sale of

Division 5 -- Offences: unlicensed dealing etc.  

• 30 Unlicensed dealing etc., offences as to
 
• 31 Exemptions from this Act, powers to grant
 
• 31A Yard managers must be licensed, offence
 
• 31B Salespersons must be licensed, offence
 
• 31C Unlicensed person not to be employed
 
• 31D Car market operators must be registered and premises authorised, offence

PART III -- Dealings in second-hand vehicles

Division 1 -- Preliminary  

• 32 Application of this Part

Division 2 -- Sales on consignment  

• 32A Terms used
 
• 32B Consignment agreements, requirements for
 
• 32C Dealer selling on consignment to have trust account
 
• 32D Payments to trust account
 
• 32E Withdrawals from trust account
 
• 32F Financial institutions, liabilities and rights in relation to trust accounts
 
• 32G Payment to consignor
 
• 32H Dealers to keep accounts etc.
 
• 32I Audit of trust accounts
 
• 32J Special audit of trust account, Commissioner may order
 
• 32K Restraining banks etc. from dealing with dealer’s account, SAT’s powers as to
 
• 32L Deceased dealer, SAT may restrain use of trust account of etc.
 
• 32M Discharging or varying orders under s. 32K or 32L
  32N. SAT’s additional powers as to s. 32K, 32L and 32M orders; schemes for distributing funds  
• 32O Service of s. 32K, 32L, 32M or 32N orders
 
• 32P Regulations about trust accounts

Division 3 -- Obligation to display particulars of vehicle  

• 33 Particulars of second-hand vehicles, notice of to be displayed on etc.

Division 4 -- Obligation to repair certain defects  

• 34 Dealer’s duty to repair certain defects in sold vehicles
 
• 34A Vehicles covered by obligation to repair
 
• 34B Defects for which dealer responsible
 
• 34C Period after sale during which dealer responsible for defects in vehicles other than motor cycles
 
• 34D Period after sale during which dealer responsible for defects in motor cycles
 
• 34E Certain periods excluded for s. 34C and 34D
  34F. Age of vehicle, how reckoned for s. 34A and 34C   34G. Excluding vehicles from this Division, Minister’s powers for  
• 35 Excluded defects

Division 5 -- Disputes  

• 36 Certain disputes between purchasers and dealers, Commissioner may intervene in
 
• 37 Disputes, Commissioner’s powers to determine etc.
 
• 37A Enforcing s. 37 orders
 
• 37B Determinations under s. 37, effect and review of
 
• 38 Dispute may be dealt with by Magistrates Court

PART IIIA -- Obligations of car market operators  

• 40A Car market operator liable for certain losses
 
• 40B Title of and defects in second-hand vehicle, notice about to be displayed on

PART IV -- Miscellaneous  

• 41 Undesirable practices, offence to carry out
 
• 41A Rescission of sale, Magistrates Court may order on Commissioner’s application
 
• 41B Demonstration vehicles, application of Act’s obligations to
 
• 42 Representation by employee of dealer, effect of
 
• 42A Contracts etc. for sale of vehicles by dealer, form and content of
 
• 43 Value of vehicle or thing traded in
 
• 44 Documents tendered for signature to be complete
 
• 45 Acts with intent to deceive, offences as to
 
• 46 Implied conditions in some contracts etc. for sale
 
• 47 Other rights or remedies not affected by this Act
 
• 48 Rights conferred by this Act cannot be waived without official consent
 
• 49 No indemnity for dealer
 
• 49A No indemnity for car market operator
 
• 50 Confidentiality of information officially obtained
 
• 51 Annual reports of Department, content of
 
• 52 Offences, limitation period for and court’s powers as to
 
• 53 Yard manager’s liability for offences under s. 28 and 31B by others
 
• 54 Dealer’s liability for offences by employees etc.
 
• 55 Offences by corporations
 
• 55A Infringement notices
 
• 56 Regulations

PART V -- Miscellaneous transitional matters  

• 57 Terms used
 
• 58 Former Board abolished
 
• 59 References to former Board
 
• 60 Immunity continues
 
• 61 Unfinished investigations by former Board
 
• 62 Unfinished proceedings by former Board
 
• 63 Winding-up by former Board
 
• 64 Final report by former Board
 
• 65 Regulations about transitional matters
  Uncommenced provisions table   Other notes Defined terms

An Act —
        •         to regulate dealing in motor vehicles; and
        •         for related purposes.


        [Long title amended: No. 73 of 2003 s. 4; No. 58 of 2010 s. 33.]