Western Australian Consolidated Acts

MOTOR VEHICLE DEALERS ACT 1973

TABLE OF PROVISIONS

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   5.      Terms used in this Act  
   5A.     Classes of business and categories of licence  
   5AA.    Commissioner  
   6.      Administration  

   PART II -- Motor Vehicle Industry Board  

           Division 1 -- Provisions relating to Board  

              Subdivision 1 -- Constitution of Board  

   7.      The Board  
   8.      Membership of the Board  
   9.      Terms of office, etc.  
   10.     Meetings of the Board  
   11.     Validity of acts of Board  
   12.     Remuneration of members  

              Subdivision 2 -- Functions of Board and related matters  

   12A.    Functions of Board  
   12B.    Minister may give directions  
   12C.    Inclusion of direction in annual report  
   12D.    Minister to have access to information  
   12E.    Delegation  
   12F.    Execution of documents by the Board  

              Subdivision 3 -- Disclosure of interests etc.  

   12G.    Member to disclose interest  
   12H.    Voting by interested members  
   12I.    Section 12H may be declared inapplicable  
   12J.    Quorum where section 12H applies  
   12K.    Minister may declare sections 12H and 12J inapplicable  

              Subdivision 4 -- Miscellaneous  

   13.     Secretary to the Board, etc.  
   13A.    Powers of investigation  
   13B.    Incriminating information, questions, or documents  
   13C.    Failure to comply with investigation  
   13D.    Obstruction of investigator  
   14A.    Protection from liability  

           Division 2 -- Licensing and registration  

   15.     Application for vehicle dealer’s licence  
   16.     Application for yard manager’s licence  
   17.     Application for salesperson’s licence  
   17B.    Application for registration as car market operator  
   17C.    Power to refuse registration under section 17B or renewal of registration  
   17D.    Person cannot be car market operator and hold any other authorisation  
   18.     Matters which may be considered by the Board in refusing the grant or renewal of an authorisation  
   18A.    Licence conditions  
   19.     Period of authorisation  
   19A.    Surrender of authorisation  
   20.     Allegations by Board to State Administrative Tribunal  
   20A.    Orders that may be made under section 20(1)  
   20B.    Limitations on section 20A(4)  
   20BA.   Order on allegation under section 20(2) and (3)  
   20C.    Suspension of authorisation by State Administrative Tribunal  
   20D.    Certain offences relating to disqualification  
   20E.    Premises at which dealers may carry on business  
   20F.    Changes in authorised premises  
   20G.    Certificate relating to premises to be displayed  
   20H.    Permits for special occasions  
   21.     Dealer’s premises and advertisements to bear name and number  
   21A.    Premises at which car markets may be provided  
   21B.    Changes in authorised premises  
   21C.    Certificate relating to premises to be displayed  
   21D.    Car market premises and advertisements to bear name and number  
   22.     Application for review  
   22A.    Licence or certificate of registration to be returned  
   23.     Particulars to be endorsed on licence or registration and changes therein to be notified  
   24.     Register to be kept  

           Division 3 -- Record-keeping and notification of authorities  

   25.     Register to be kept by licence holders  
   26.     Transactions in second-hand vehicles to be notified  

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

   27.     Inspection of second-hand vehicles  
   28.     Order to remedy defects in second-hand vehicle  
   28A.    Return of number plates  
   29.     Restriction on sale of unroadworthy vehicles  

           Division 5 -- Offences: unlicensed dealing etc.  

   30.     Dealers to be licensed and premises to be authorised  
   31.     Exemptions from compliance with this Act  
   31A.    Yard managers to be licensed  
   31B.    Salespersons to be licensed  
   31C.    Unlicensed person not to be employed  
   31D.    Car market operators to be registered and premises to be authorised  

   PART III -- Dealings in second-hand vehicles  

           Division 1 -- Preliminary  

   32.     Application of this Part  

           Division 2 -- Sales on consignment  

   32A.    Terms used in this Division  
   32B.    Requirements for consignment agreements  
   32C.    Dealer selling on consignment to have trust account  
   32D.    Payments to trust account  
   32E.    Withdrawals from trust account  
   32F.    Provisions relating to financial institutions  
   32G.    Payment to consignor  
   32H.    Dealers to maintain accounts  
   32I.    Audit of trust account  
   32J.    Special audit of trust account  
   32K.    Trust accounts may be frozen by State Administrative Tribunal  
   32L.    State Administrative Tribunal may restrain use of trust accounts of deceased dealer  
   32M.    Discharge or variation of orders under section 32K or 32L  
   32N.    Schemes for distribution of trust funds  
   32O.    Order under section 32K, 32L, 32M or 32N to be served and complied with  
   32P.    Regulations relating to trust accounts  

           Division 3 -- Obligation to display particulars of vehicle  

   33.     Particulars to be displayed  

           Division 4 -- Obligation to repair certain defects  

   34.     Obligation to repair  
   34A.    Vehicles covered by obligation to repair  
   34B.    Defects for which dealer responsible  
   34C.    Period during which dealer responsible: vehicles other than motor cycles  
   34D.    Period during which dealer responsible: motor cycles  
   34E.    Certain periods excluded from calculation  
   34F.    Age of vehicle  
   34G.    Exclusion of vehicles from this Division  
   35.     Excluded defects  

           Division 5 -- Disputes  

   36.     Disputes  
   37.     Hearing of dispute by Commissioner  
   37A.    Enforcement of orders of Commissioner  
   37B.    Effect of determination by Commissioner  
   38.     Reference of a dispute to the court  

   PART IIIA -- Obligations of car market operators  

   40A.    Liability of car market operator for certain losses  
   40B.    Notice as to warranties to be displayed  

   PART IV -- Miscellaneous  

   41.     Undesirable practices  
   41A.    Rescission of sale  
   41B.    Obligations in relation to demonstration vehicle  
   42.     Representation by employee of dealer  
   42A.    Agreements for sale of vehicles by dealer  
   43.     Value of vehicle or thing traded in  
   44.     Tender of documents for signature  
   45.     Misrepresentation  
   46.     Sale of vehicles by description and implied undertakings as to quality or fitness  
   47.     Other rights or remedies  
   48.     No waiver of rights  
   49.     No indemnity for dealer  
   49A.    No indemnity for car market operator  
   50.     Confidentiality  
   51.     Annual reports  
   52.     General provisions relating to offences  
   53.     Liability of yard manager for offences by other persons at premises under his supervision  
   54.     Liability of dealer for offences by employees etc.  
   55.     Offences by corporations  
   55A.    Infringement notices  
   56.     Regulations  
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