New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 4

4 Definitions

(1) In this Act--

"accessories" means additional parts, or fittings, for the purpose of enhancing the comfort, appearance or performance of motor vehicles, including sound and internet devices, navigation devices, air conditioning units and spare wheels and tools usually carried on motor vehicles, but not including parts or fittings prescribed by the regulations for the purposes of this definition.

"approved" means approved by the Secretary.

"authorised officer" --see section 149.

"business day" means a day that is not--

(a) a Saturday or Sunday, or

(b) a public holiday or bank holiday throughout the State.

"carrying on a business" --see section 7.

"close associate" --see section 8.

"Compensation Fund" means the Motor Dealers and Repairers Compensation Fund established under section 165.

"credit contract" has the same meaning as it has in the National Credit Code.

"criminal intelligence" means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012 , or declared by the Supreme Court under that Act to be criminal intelligence.

"current inspection report" --see section 56.

"deal" means buy, sell or exchange.

"dealer guarantee" means the obligation imposed by section 68 (1).

"dealer's notice" --see section 62.

"demonstrator motor vehicle" --see section 61.

"disciplinary action" --see section 45 (1).

"financier" means a person (other than a person prescribed by the regulations for the purposes of this definition) who carries on the business of dealing in motor vehicles only in connection with any of the following--

(a) the provision of credit (within the meaning of the National Credit Code), whether or not that Code applies to the provision of that credit,

(b) the letting of motor vehicles to other persons for periods of 3 months or more without an option to purchase,

(c) any other purpose prescribed by the regulations.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"inspection report" for a motor vehicle means an inspection report for the motor vehicle issued in accordance with the requirements of Transport for NSW for vehicle registration purposes or a report prescribed by the regulations for the purposes of this definition.

"licence" means the following--

(a) a motor dealer's licence,

(b) a motor vehicle repairer's licence,

(c) a motor vehicle recycler's licence,

(d) a tradesperson's certificate.

"licence holder" means a person who is for the time being the holder of a licence.

"linked credit provider" has the same meaning as it has in the National Credit Code.

"motor dealer" --see section 5.

"motor dealer's licence" means a motor dealer's licence in force under this Act.

"motor vehicle" means a vehicle of the following kind that is built to be propelled by a motor that forms part of the vehicle, and includes a trailer--

(a) any description of vehicle on wheels, other than a vehicle used on a railway or tramway or an aircraft,

(b) any description of tracked vehicle, or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway.

Note : Section 9 exempts certain motor vehicles from this Act.

"motor vehicle broker" --see section 103.

"motor vehicle recycler" means a person who carries on one or more of the following businesses--

(a) buying or obtaining motor vehicles or parts or accessories of motor vehicles and demolishing or dismantling the motor vehicles or parts or accessories,

(b) buying and selling major body and mechanical components of motor vehicles, major car accessories and parts or accessories of motor vehicles prescribed by the regulations for the purposes of this definition.

"motor vehicle recycler's licence" means a motor vehicle recycler's licence in force under this Act.

"motor vehicle repairer" --see section 6.

"motor vehicle repairer's licence" means a motor vehicle repairer's licence in force under this Act.

"motor vehicle stealing offence" --see section 25 (6).

"National Credit Code" means the National Credit Code set out in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth.

"notified premises" means premises notified to the Secretary under section 20B as premises at which the holder of a licence proposes to carry on a business authorised by the licence.

"number-plate" means a number-plate issued under a law of this State or a law of another State or a Territory.

"owner" of a motor vehicle means a person who--

(a) is the sole owner, joint owner or part owner of the motor vehicle, or

(b) has possession or use of the motor vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the motor vehicle to be registered in the name of someone else.

"property" includes real and personal property and money.

"public holiday" means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday.

"registered" means registered under a law for the registration of vehicles of this State or another State or a Territory.

"repair" includes examine, detect faults in, adjust, carry out maintenance on, overhaul, replace, alter and paint.

"repair work" --see section 6 (2).

"second-hand motor cycle" means a motor cycle that is a second-hand motor vehicle.

"second-hand motor vehicle" includes a motor vehicle that, at any time before being offered or displayed for sale, or sold, has been registered to a person other than the purchaser, and includes a demonstrator motor vehicle.

"Secretary" means--

(a) the Commissioner for Fair Trading within the department in which this Act is administered, or

(b) if there is no person employed as Commissioner for Fair Trading--the Secretary of the department in which this Act is administered.

"towable recreation vehicle" means a trailer equipped with living space or sleeping facilities, or both, and includes a caravan, fifth wheeler, pop-top caravan, camper trailer or tent trailer.

"trade show" means an event held at a place where a number of motor dealers, motor vehicle manufacturers or other industry participants display motor vehicles.

"tradesperson's certificate" means a tradesperson's certificate in force under this Act.

"trailer" means a vehicle that--

(a) is built to be towed, or is towed, by a motor vehicle, and

(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle,

whether or not its movement is aided by some other power source, but does not include a motor vehicle being towed or a trailer having a tare weight of 250 kilograms or less.

"Transport for NSW" means Transport for NSW constituted under the Transport Administration Act 1988 .

"Tribunal" means the Civil and Administrative Tribunal.

(2) In this Act, a reference to buying a thing includes buying that thing as a principal or agent.

(3) Notes included in this Act do not form part of this Act.