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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 186
Regulations
186 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or
with respect to any matter that by this Act is required or permitted to be
prescribed or that is necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(2) In particular, the regulations may make
provision for or with respect to the following matters-- (a) the exemption,
unconditionally or subject to conditions, of persons or things or classes of
persons or things from any or all of the provisions of this Act,
(b) fees for
applications under this Act and licence fees,
(c) fees for any inspection
made or information supplied by the Secretary,
(d) the waiver, reduction,
postponement or refund by the Secretary of fees payable or paid under this Act
or the regulations,
(e) regulating the conduct of any person who is required
to hold a motor dealer's licence, motor vehicle repairer's licence or
motor vehicle recycler's licence, or of the person's employees or agents, in
carrying on the business to which the licence relates,
(f) prohibiting or
regulating the employment by any person who is required to hold a licence of
the following persons-- (i) a person found guilty or convicted of, or charged
with, offences under this Act, offences involving fraud or dishonesty or other
prescribed offences, whether or not in New South Wales,
(ii) a person who has
been refused a licence or who is a director or officer of a body corporate
that has been refused a licence,
(iii) a person whose licence has been
suspended, cancelled or revoked,
(iv) a person who is disqualified from
holding a licence or being involved in the direction, management or conduct of
a business for which a licence is required,
(g) requiring any person who is
required to hold a licence, or the person's employees or agents, to keep
records and report to specified persons as to offences involving
motor vehicles or parts of motor vehicles,
(h) providing for the form and
content of advertisements by licence holders, including-- (i) requiring the
inclusion of specified information in advertisements or the use of specified
statements in advertisements, and
(ii) prohibiting the inclusion of specified
information in advertisements or the use of specified statements in
advertisements,
(i) regulating the sale of motor vehicles on consignment,
(j) providing for the keeping and management of trust accounts by the holders
of motor dealers' licences,
(k) providing for the making of claims against
the Compensation Fund, including the form and manner in which claims may be
made and the time within which claims are to be made,
(l) requiring a person
who is granted a licence to make an initial contribution to the
Compensation Fund,
(m) requiring a licence holder to provide information
about any partner of the licence holder in a business the subject of the
licence.
(2A) The Secretary may, in accordance with a regulation, exempt a
person who is required to hold a licence from a regulation made under
section 186(2)(f).
(3) A regulation may create an offence punishable by a
penalty not exceeding 20 penalty units.
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