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SECOND-HAND VEHICLE DEALERS ACT 1995 - SCHEDULE 4

Schedule 4—Repeal and transitional provisions

1—Repeal

The Second-hand Motor Vehicles Act 1983 (the repealed Act ) is repealed.

2—Licensing

A person who held a licence as a dealer under the repealed Act immediately before the commencement of this Act will be taken to have been licensed as a dealer under this Act.

3—Registered premises

Premises registered in the name of a dealer under the repealed Act immediately before the commencement of this Act will be taken to have been registered in the dealer's name under this Act.

4—Duty to repair

A duty to repair that arose under Part 4 of the repealed Act continues as if it were a duty to repair under this Act.

5—Disciplinary matters

Where an order or decision of the Commercial Tribunal is in force or continues to have effect under Division 3 of Part 2 of the repealed Act immediately before the commencement of this Act, the order or decision has effect as if it were an order of the District Court under Part 5 of this Act.

5A—Effect of disqualification

        (1)         If a person—

            (a)         who was disqualified from holding a licence as a dealer under the repealed Act immediately before the commencement of this Act; and

            (b)         who remains disqualified at the commencement of this clause,

is employed or otherwise engaged in the business of a dealer during the period of that disqualification, both that person and the dealer are guilty of an offence.

Maximum penalty: $5 000.

        (2)         Subclause (1) applies after the commencement of this clause, whether the contract of employment or other engagement was entered into before or after the commencement of this clause.

6—Application of Second-hand Vehicles Compensation Fund at end of claims

When the Minister is satisfied that no more valid claims can be made which may require payment out of the Second-hand Vehicles Compensation Fund, any amount remaining to the credit of the Fund may—

            (a)         be paid to an organisation representing the interests of dealers; or

            (b)         be otherwise dealt with,

as the Minister thinks fit.



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