New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 145

145 Applications to Tribunal about unfair supply contracts and unjust conduct

(1) A motor industry group or the Small Business Commissioner may apply to the Tribunal on behalf of a motor dealer or class of motor dealers for a declaration that a term of a supply contract or a class of supply contracts is unfair, or that conduct of a manufacturer is unjust, and for orders under this Part.

(2) A motor dealer may apply to the Tribunal for a declaration that a term of a supply contract is unfair, or that conduct of a manufacturer is unjust, and for orders under this Part.

(3) An application may not be made by a motor industry group or a motor dealer in relation to a matter unless the motor industry group or motor dealer has first made a complaint to the Small Business Commissioner about the matter and the Commissioner has provided a certificate under section 19 of the Small Business Commissioner Act 2013 as to the outcome of procedures under that Act relating to the complaint.

(4) An applicant for a declaration and an order under this Part must give notice in writing of the application to the Secretary.