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This is a Bill, not an Act. For current law, see the Acts databases.
FAIR TRADING (MOTOR VEHICLE REPAIR INDUSTRY) BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Fair
Trading (Motor Vehicle Repair Industry) Bill 2009
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Fair Trading (Motor
Vehicle Repair Industry) Bill 2009
A Bill for
An Act to provide for the licensing and regulation of people in the motor
vehicle repair industry, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Fair Trading (Motor Vehicle Repair Industry)
Act 2009.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition
‘consumer—see the Fair Trading Act 1992,
section 6.’ means that the term ‘consumer’ is defined in that
section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Important
concepts
6 Carrying
on business as motor vehicle repairer
(1) A person carries on business as a motor vehicle repairer
if the person performs motor vehicle repair work for reward.
(2) Motor vehicle repair work means—
(a) any of the following work performed on a motor vehicle, motor vehicle
part or motor vehicle system:
(i) examining or assessing condition or performance improvement;
(ii) diagnosing and detecting of faults;
(iii) overhauling;
(iv) dismantling and assembling;
(v) servicing and maintenance;
(vi) replacing and adjusting of objects for performance
improvement;
(vii) painting and treatment;
(viii) modifying, altering, installing or fitting work; or
(b) giving advice on any of the work mentioned in paragraph (a);
or
(c) any other work prescribed by regulation to be motor vehicle repair
work.
(3) However, motor vehicle repair work does not include any
work prescribed by regulation not to be motor vehicle repair work.
Note Power to make a statutory instrument (including a regulation)
includes power to make different provision for different categories (see
Legislation Act, s 48).
7 Certain
people not taken to carry on business as motor vehicle
repairer
For this Act, a person does not carry on business as a motor vehicle
repairer only because the person—
(a) performs motor vehicle repair work in the course of employment by
another person; or
(b) is a member of a partnership that carries on the business;
or
(c) publishes, on behalf of another person, an advertisement
about—
(i) a business carried on, or to be carried on, by the other person;
or
(ii) a service provided, or to be provided, by the other
person.
Division
3.1 Requirement for
licence
8 Person
carrying on business as motor vehicle repairer to be
licensed
(1) A person commits an offence if—
(a) the person carries on business as a motor vehicle repairer;
and
(b) either—
(i) the person does not hold a licence; or
(ii) if the person is a partner in a partnership that carries on the
business—no partner in the partnership holds a licence.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if the person—
(a) carries on business as a motor vehicle repairer at premises;
and
(b) either—
(i) does not hold a licence authorising the person to carry on business as
a motor vehicle repairer at the premises; or
(ii) if the person is a partner in a partnership that carries on the
business—no partner in the partnership holds a licence authorising the
person to carry on business as a motor vehicle repairer at the
premises.
Maximum penalty: 20 penalty units.
(3) An offence against this section is a strict liability
offence.
Division
3.2 Eligibility for
licence
9 Eligibility
for licence
(1) An individual is eligible for a licence if the
individual—
(a) is an adult; and
(b) is not a disqualified person.
(2) A person in a partnership is eligible for a licence
if—
(a) the person is eligible under subsection (1); and
(b) no partner in the partnership is a disqualified person.
(3) A corporation is eligible for a licence if—
(a) at least 1 director of the corporation holds a licence; and
(b) no director of the corporation is a disqualified person.
10 Meaning
of disqualified person
(1) A person is a disqualified person if the person has
committed or engaged in a disqualifying act.
(2) However, even if a person has committed or engaged in a disqualifying
act, the person is not a disqualified person if the commissioner
is satisfied that, in all the circumstances, it would be reasonable not to
regard the person as a disqualified person.
(3) In making a decision under subsection (2) in relation to a person, the
commissioner must have regard to—
(a) the circumstances of the disqualifying act; and
(b) whether the person cooperated in the investigation of the
disqualifying act; and
(c) the extent to which the person provided restitution for any loss
suffered because of the disqualifying act; and
(d) the time since the disqualifying act was committed or engaged in;
and
(e) whether the disqualifying act was an isolated event.
(4) Subsection (3) does not limit the matters to which the commissioner
may have regard in making the decision.
(5) A director of a corporation is taken to have committed a disqualifying
act if the director was a director of the corporation when the corporation
committed the disqualifying act.
(6) In this section:
disqualifying act means—
(a) a contravention of this Act (including a requirement made by the
commissioner under this Act) or a corresponding law of a State, whether or not
the contravention is an offence; or
(b) a contravention of a condition of a licence; or
(c) a contravention of the Fair Trading (Motor Vehicle Service and
Repair Industry) Code of Practice 1999; or
(d) an offence against the Trade Practices Act 1974 (Cwlth);
or
(e) an offence against the Fair Trading Act 1992 or a corresponding
law of a State; or
(f) an offence against a law of the Territory, the Commonwealth, a State,
another Territory or a foreign country punishable by imprisonment for longer
than 1 year.
Division
3.3 Licence procedures and
details
11 Application
for motor vehicle repair licence
(1) A person may apply to the commissioner for a motor vehicle repair
licence.
Note 1 If a form is approved under s 48 for this provision, the form
must be used.
Note 2 A fee may be determined under s 47 for this
provision.
Note 3 The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) The application must be accompanied by—
(a) a police certificate for the applicant, dated not earlier than
2 months before the day the application is made; and
(b) a signed statement to the effect that, apart from the licence, the
applicant has obtained all planning and other approvals required to carry on the
motor vehicle repair business at each premises where the applicant proposes to
carry on business under the licence.
(3) The commissioner may, in writing, require the applicant to give the
commissioner additional information or documents that the commissioner
reasonably needs to decide the application.
(4) If the applicant does not comply with a requirement made of the
applicant under subsection (3), the commissioner may refuse to consider the
application further.
12 Decision
on application
(1) Within 60 days after the day the commissioner receives an application
for a motor vehicle repair licence, the commissioner must—
(a) issue the licence; or
(b) refuse to issue the licence.
Note Failure to issue a licence within the 60-day period is taken to
be a decision not to issue the licence (see ACT Civil and Administrative
Tribunal Act 2008, s 12).
(2) The commissioner must issue the licence if satisfied that the
applicant—
(a) is eligible for the licence under section 9; and
(b) can comply with any conditions to which the licence is subject;
and
(c) can satisfy anything else prescribed by regulation.
(1) A licence is subject to the conditions set out in division 3.4
(Licence conditions).
(2) A licence is also subject to any conditions—
(a) prescribed by regulation; or
(b) imposed on the licence by the commissioner.
Examples—conditions
1 that an approved code of practice or standard must be complied
with
2 that particular requirements about inspection and reporting must be
complied with
3 that stated records must be kept
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The commissioner may impose—
(a) a condition on a licence when the licence is issued or renewed;
and
(b) a condition on, or amend a condition of, a licence at any other time
under section 19 (Amendment of licence on commissioner’s initiative) or
section 20 (Amendment of licence on application).
A licence must—
(a) be in writing; and
(b) state the name of the person to whom the licence is issued;
and
(c) if the licensee carries on business as a motor vehicle repairer under
a name other than the licensee’s name—state the name under which the
licensee carries on business; and
(d) have a unique identifying number (the licence number);
and
(e) state the premises where the licensee is authorised to carry on
business as a motor vehicle repairer; and
(f) state the period for which the licence is given; and
(g) include anything prescribed by regulation.
(1) The commissioner may issue a replacement licence to a licensee if
satisfied that the licensee’s original licence has been lost, stolen or
destroyed.
(2) For subsection (1), the commissioner may require the licensee to give
the commissioner a statutory declaration signed by the licensee, stating that
the original licence has been lost, stolen or destroyed.
Note 1 A fee may be determined under s 47 for this
provision.
Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to
the making of statutory declarations under ACT laws.
A licence is issued for the period of up to 12 months stated in the
licence.
17 Licence
not transferable
A licence is not transferable.
(1) A licensee may apply, in writing, to the commissioner to renew the
licence.
Note 1 If a form is approved under s 48 for
an application, the form must be used.
Note 2 A fee may be determined under s 47 for this
provision.
(2) The commissioner may, in writing, require the licensee to give the
commissioner additional information or documents that the commissioner
reasonably needs to decide the application.
(3) If the applicant does not comply with a requirement made of the
applicant under subsection (2), the commissioner may refuse to consider the
application further.
(4) On an application to renew a licence, the commissioner
must—
(a) renew the licence; or
(b) refuse to renew the licence.
(5) The commissioner must renew the licence if satisfied of the matters
mentioned in section 12 (2) in relation to the applicant.
(6) If a licensee applies to renew a licence under this section, the
licence remains in force until the application is decided.
19 Amendment
of licence on commissioner’s initiative
(1) The commissioner may, at any time and on the commissioner’s own
initiative, amend a licence (including by imposing a condition on, or amending a
condition of, the licence).
(2) However, the commissioner may amend a licence only if—
(a) the commissioner has given the licensee written notice of the proposed
amendment; and
(b) the notice states that written comments on the proposal may be made to
the commissioner before the end of a stated period of at least 14 days
after the day the notice is given to the licensee; and
(c) the commissioner has considered any comments made before the end of
the stated period.
(3) Subsection (2) does not apply if the licensee applied for, or agreed
in writing to, the amendment.
20 Amendment
of licence on application
(1) A licensee may apply to the commissioner to amend the licensee’s
licence (including by removing or amending a condition of the
licence).
Note 1 If a form is approved under s 48 for an application, the form
must be used.
Note 2 A fee may be determined under s 47 for this
provision.
(2) The commissioner may, in writing, require the applicant to give the
commissioner additional information or documents that the commissioner
reasonably needs to decide the application.
(3) If the applicant does not comply with a requirement made of the
applicant under subsection (2), the commissioner may refuse to consider the
application further.
(4) On an application by a person to amend a licence, the commissioner
must—
(a) amend the licence in the way applied for; or
(b) refuse to amend the licence.
(5) In deciding whether to amend the licence, the commissioner may
consider anything the commissioner may consider under section 12 (2)
in relation to an application for a licence.
(1) A licensee may surrender the licence by giving written notice of the
surrender to the commissioner.
(2) The licensee must, with the notice—
(a) return the licence to the commissioner; or
(b) if the licence has been lost, stolen or destroyed—give the
commissioner a statutory declaration signed by the licensee stating that the
licence has been lost, stolen or destroyed.
Note The Statutory Declarations Act 1959 (Cwlth) applies to
the making of statutory declarations under ACT laws.
Division
3.4 Licence
conditions
Note A licence is also subject to conditions prescribed by
regulation or imposed on the licence by the commissioner—see s
13.
22 Licence
condition—equipment, materials and skill for carrying out
work
It is a condition of a licence that motor vehicle repair work performed by
the licensee or an employee of the licensee on a motor vehicle, part or system
be performed with the equipment, materials and skill necessary to carry out the
work satisfactorily, having regard to the age and make of the vehicle, part or
system.
23 Licence
condition—agreement for repairs
(1) It is a condition of a licence that the licensee, before performing
motor vehicle repair work for a person that is expected to cost the person $150
or more—
(a) give the person an estimate of the cost of the work; and
(b) give the estimate in writing if asked by the person to do
so.
(2) However, if it is not reasonably practicable to give an estimate of
the cost of work without first undertaking diagnostic work, it is a condition of
the licence that a licensee, when performing the diagnostic work for a
person—
(a) give the person a written estimate of the cost of the work;
and
(b) if the diagnosis is likely to result in any damage to the motor
vehicle—tell the person of that fact in writing; and
(c) obtain the person’s written authorisation for the licensee to
perform the diagnostic work, unless the person has agreed otherwise;
and
(d) after the diagnosis and before the licensee repairs the
vehicle—
(i) give the person an estimate of the cost of repairs; and
(ii) obtain the person’s authority to perform the repairs specified
in the estimate.
(3) It is a condition of a licence that the licensee, when performing
motor vehicle repair work for a person after giving an estimate to the person,
tell the person of any variation in the cost from the estimate.
(4) It is a condition of a licence that the licensee keep records of
written or verbal estimates and quotes given to people.
24 Licence
condition—additional repairs
It is a condition of a licence that the licensee, before performing work
for a person or using parts not agreed to by a person in the estimate of
work—
(a) explain to the person—
(i) what the additional work or part is; and
(ii) what the cost of the work or part is; and
(b) obtain the person’s authorisation to—
(i) conduct the work or install the part; and
(ii) charge for the additional work or installation.
25 Licence
condition—time to carry out work
It is a condition of a licence that the licensee—
(a) complete motor vehicle repair work in a reasonable time; and
(b) tell the person for whom the work was done how much time was spent
performing the work.
26 Licence
condition—replaced parts
(1) It is a condition of a licence that the licensee, on completing motor
vehicle repair work for a person, offer to give the person any part that was
replaced as part of the work.
(2) If the person chooses not to accept the replaced part under subsection
(1), the licensee must not charge a fee for disposal of the part.
27 Licence
condition—information sheet
It is a condition of a licence that the licensee, before performing motor
vehicle repair work for a person, give the person an information sheet approved
by the commissioner about motor vehicle repair work.
28 Licence
condition—warranties and guarantees
It is a condition of a licence that the licensee, on completing motor
vehicle repair work for a person, give the person a signed copy of any warranty
or guarantee relating to workmanship, parts or service provided by the
licensee.
29 Licence
condition—display of licence
It is a condition of a licence that the licence, or a copy of the licence,
be displayed in a prominent place at premises where business is carried on under
the licence.
30 Licence
condition—notification of change of name or address
It is a condition of a licence that, if the licensee changes name, address
or any other detail on the licence, the licensee must tell the commissioner, in
writing, about the change as soon as practicable (but not later than 7 days)
after the day the change happens.
Part
4 Occupational
discipline
31 Meaning
of licensee—pt 4
In this part:
licensee includes a former licensee.
32 Grounds
for disciplinary action
(1) Each of the following is a ground for occupational
discipline in relation to a licensee:
(a) the licensee gave information to the commissioner in relation to the
application for, or an application for amendment of, the licensee’s
licence that was false or misleading in a material particular;
(b) the licensee has contravened, or is contravening, this Act, whether or
not the licensee has been convicted or found guilty of an offence for the
contravention;
(c) the licensee has contravened, or is contravening, a territory law
(other than this Act) or a law of the Commonwealth, a State or another
Territory, whether or not the licensee has been convicted or found guilty of an
offence for the contravention;
(d) the licensee has contravened, or is contravening, an order of the
ACAT;
(e) the licensee has contravened, or is contravening a condition of the
licence;
(f) the licence was obtained by fraud or mistake;
(g) a ground prescribed by regulation for this section.
(2) A ground for occupational discipline applies to a former licensee if
the ground applied to the licensee while licensed.
33 Application
to ACAT for occupational discipline
If the commissioner believes on reasonable grounds that a ground for
occupational discipline exists in relation to a licensee, the commissioner may
apply to the ACAT for an occupational discipline order in relation to the
licensee.
Note The ACT Civil and Administrative Tribunal Act 2008, s 66
sets out occupational discipline orders the ACAT may make.
34 Considerations
before making occupational discipline orders
(1) This section applies if the ACAT is considering an application for
occupational discipline in relation to a licensee.
(2) Without limiting the matters the ACAT must consider in relation to the
licensee, the ACAT must consider the following:
(a) the degree of responsibility of the licensee for the act or omission
that made up the ground for occupational discipline;
(b) the extent to which it is necessary to discourage the licensee and
others from doing something, or not doing something, that made up the
disciplinary ground;
(c) whether, and the extent to which, it is necessary to protect the
public from the licensee;
(d) the desirability of making the licensee responsible for the
consequences of the licensee’s actions or omissions;
(e) the desirability of maintaining public confidence in the regulatory
system set up by this Act.
Note The ACT Civil and Administrative Tribunal Act 2008, s 65
(3) sets out other considerations that must be taken into account by the
ACAT.
35 Information
about cancellations etc to be given to corresponding
authorities
(1) This section applies if the ACAT cancels or suspends a
licensee’s licence or disqualifies a licensee from applying for a
licence.
(2) The commissioner may give the corresponding authority of each State
the following information about the licensee:
(a) the name and any other identifying details of the licensee;
(b) a short description of the ground for occupational discipline on which
the occupational discipline order was based;
(c) whether the licence has been cancelled or suspended or the licence
disqualified;
(d) if the licence has been suspended—the period of suspension;
(e) if the licensee has been disqualified—the period of
disqualification.
(3) This section does not limit any other requirement or power, under this
Act or another law in force in the ACT, to give information to an entity in
another jurisdiction.
(4) In this section:
corresponding authority, of a State, means the entity
responsible in the State for regulation of the motor vehicle repair
industry.
36 Effect
of licence suspension
If a licence is suspended, the licence does not authorise the licensee to
carry on any activity under the licence during the suspension.
(1) The commissioner must keep a register of licences.
(2) The register may include information about licences given to the
commissioner under this Act and any other information the commissioner considers
appropriate.
(3) The register may be kept in any form, including electronically, that
the commissioner decides.
(4) The register may be kept in 1 or more parts, as the commissioner
considers appropriate.
(5) The commissioner must make information in the register available for
public inspection.
Example
the register may be available on a website
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
38 Correcting
register and keeping it up-to-date
(1) The commissioner may correct a mistake, error or omission in the
register.
(2) The commissioner may change a detail included in the register to keep
the register up-to-date.
Note For investigations by the commissioner—see the Fair
Trading (Consumer Affairs) Act 1973, div 3.2.
39 Unlicensed
person advertising
(1) A person commits an offence if—
(a) the person advertises that the person performs or will perform motor
vehicle repair work for reward; and
(b) either—
(i) the person does not hold a licence; or
(ii) if the person is a partner in a partnership—no partner in the
partnership holds a licence.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
40 Licensee
advertising without details
(1) A licensee commits an offence if—
(a) the licensee advertises that the person performs, or will perform,
motor vehicle repair work for reward; and
(b) the licensee does not include in the advertisement—
(i) the licence number; and
(ii) the address of the premises where the work is or is to be
performed.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
41 Return
of amended, suspended or cancelled licences
(1) A licensee commits an offence if—
(a) the licensee’s licence is—
(i) amended under section 19 (Amendment of licence on commissioner’s
initiative); or
(ii) amended under section 20 (Amendment of licence on application); or
(iii) suspended or cancelled by the ACAT; and
(b) the licensee fails to return the licence to the commissioner as soon
as practicable (but not later than 7 days) after the day the licensee is
told about the amendment, suspension or cancellation.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability
offence.
Part
7 Notification and review of
decisions
42 Meaning
of reviewable decision—pt 7
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
43 Reviewable
decision notices
If the commissioner makes a reviewable decision, the commissioner must give
a reviewable decision notice to each person mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The commissioner must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for a reviewable decision notice are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
44 Applications
for review
The following people may apply to the ACAT for a review of a reviewable
decision:
(a) a person mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
45 Exemptions
by regulation
A regulation may exempt a person from all or any of the provisions of this
Act.
46 Exemptions
by Minister
(1) A person may, in writing, apply to the Minister for exemption from all
or any of the provisions of this Act.
Note 1 If a form is approved under s 48 for this provision, the form
must be used.
Note 2 A fee may be determined under s 47 for this
provision.
Note 3 A reference to an Act includes a reference to a provision of
an Act (see Legislation Act, s 7 (3)).
(2) The application must state the grounds on which it is made.
(3) The Minister must not grant the exemption unless satisfied on
reasonable grounds that the exemption is not likely to cause a substantial
detriment to consumers.
(4) In deciding whether to grant an exemption, the Minister must also take
into account any criteria prescribed by regulation.
(5) An exemption may be subject to conditions.
(6) The Minister may amend or revoke an exemption at any time on
reasonable grounds.
(7) An exemption, and an amendment or revocation of an exemption, is a
disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The Minister may determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The commissioner may approve forms for this Act.
(2) If the commissioner approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
49 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
The following legislative instruments are repealed:
• Fair Trading (Motor Vehicle Service and Repair Industry) Code of
Practice 1999 (NI1999-278)
• Fair Trading (Motor Vehicle Service and Repair Industry)
Determination 1999 (NI1999-279).
In this part:
commencement day means the day this Act commences.
repealed code means the Fair Trading (Motor Vehicle
Service and Repair Industry) Code of Practice 1999 as in force immediately
before the commencement day.
52 Principals
under repealed code licensed
A principal registered under the repealed code immediately before the
commencement day is taken to be licensed under section 12 (Decision on
application) until the day the person’s registration would have expired
under the repealed code.
53 Registration
under repealed code
For section 29 (Licence condition—display of licence), a registration
under the repealed code is taken to be a licence for this Act.
Note It is a condition of a licence that the licence, or a copy of
the licence, be displayed in a prominent place at premises where business is
carried on under the licence—see s 29.
54 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act or another territory law.
This part expires 1 year after the day it commences.
56 Fair
Trading (Consumer Affairs) Act
1973Dictionary, definition of fair
trading legislation, new paragraph (ca)
insert
(ca) the Fair Trading (Motor Vehicle Repair Industry) Act 2009;
or
Schedule
1 Reviewable
decisions
(see s 42)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
person
|
1
|
9 (3) (b)
|
find person disqualified person
|
person found disqualified
|
2
|
12 (1) (b)
|
refuse to issue licence
|
applicant
|
3
|
13 (3) (a)
|
impose condition on licence
|
licensee
|
4
|
18 (4) (b)
|
refuse to renew licence
|
licensee
|
5
|
19 (1)
|
amend licence
|
licensee
|
6
|
20 (4) (b)
|
refuse to amend licence
|
licensee
|
7
|
46 (3)
|
refuse to grant exemption
|
applicant
|
8
|
46 (6)
|
revoke, or amend condition of, exemption
|
exemption holder
|
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACAT
• Corporations Act
• entity
• Minister (see s 162)
• occupational discipline order
• reviewable decision notice
• State.
carries on business as a motor vehicle repairer—see
section 6 (1).
commissioner means the commissioner for fair
trading.
consumer—see the Fair Trading Act 1992, section
6.
corporation—see the Corporations Act.
disqualified person—see section 10.
ground for occupational discipline—see section
32.
licence means a motor vehicle repair licence issued under
section 12.
licence number—see section 14 (d).
licensee, for part 4 (Occupational discipline)—see
section 31.
motor vehicle—see the Sale of Motor Vehicles Act
1977, dictionary.
motor vehicle repair work—see section 6 (2) and
(3).
police certificate, for a person, means a written statement
by the Australian Federal Police indicating—
(a) whether, according to the records held by the Australian Federal
Police, the person has been charged with, or convicted of, an offence against a
law of—
(i) the Territory; or
(ii) the Commonwealth; or
(iii) a State; or
(iv) another country; and
(b) if so—particulars of each offence.
Note A conviction does not include a spent conviction (see Spent
Convictions Act 2000, s 16 (c) (i)).
register means the register of licences kept under
part 5.
reviewable decision, for part 7 (Notification and review of
decisions)—see section 42.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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