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MOTOR CAR TRADERS ACT 1986
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Nature of transactions
PART 2--LICENCES
Division 1--Trading in motor cars
7. Motor car traders to be licensed
7A. Deemed trading in motor cars
Division 2--Issue of licences
8. Application for licence
9. Refund of fee if application withdrawn
10. Notice of changes to details in application
11. Notice of application
11A. Consent to disclosure of information
12. Consideration of application
12A. Provision of information for the purposes of this Act
13. Grant or refusal of licence
13A. Meaning of associate in section 13
14. Conditions of licence
15. Endorsement of licence
15A. 2 year ban on applying for licence after refusal of application
16. Authority to sell motor cars at public auction
17. Name under which licensed motor car trader may operate
18. Form of licence
19. Change in partnership
19A. Change in directors of bodies corporate
20. Licensee to give notice of certain changes
21. Licences to be returned
22. Register to be kept
23. Annual licence fee and statement
24. Extension of time
24A. Failure to comply with section 23
25. Display of licence
26. Duplicate licence
27. Surrender of licence
28. Automatic cancellation of licence on bankruptcy etc.
29. Automatic suspension of licence if Fund claim upheld
29A. Person involved in Guarantee Fund claim may regain licence etc. in special circumstances
29B. Person with criminal record may be allowed limited right to hold licence etc.
29C. Permission to continue to hold licence despite criminal act of partner or director
29D. Authority may impose conditions
Division 3--Disciplinary action
30. Disciplinary action
30A. Authority may temporarily suspend insolvent etc. trader without hearing
31. Determination of disciplinary measures by Tribunal
31A. Effect of suspension
31B. Suspended and cancelled licences must be returned
Division 4--Miscellaneous
32. Application for review
33. Disability etc. of licensee
34. Prescribed sign
PART 3--CONDUCT OF BUSINESS
35. Dealings book
35A. Prohibited employees
35B. Transitional provision concerning existing employees
36. Consignment selling prohibited
37. Dealing with young persons
38. Odometer tampering
39. Other orders
40. Findings in proceedings to be evidence
41. Agreements for sale of used motor car
42. Agreement for sale of new motor car
42A. All registered cars must be sold with a roadworthy certificate
43. Cooling-off period
43A. Credit Law excluded matter
44. Offence
45. Rescission
47. Powers of Magistrates' Court and Tribunal
48. Cancellation of security interest by motor car trader
49. Notification of Director by credit provider
50. Proceeds of sale or disposal to be held on trust
50A. Offence to aid or abet an unlicensed trader
50B. Right to sue providers of motor cars to unlicensed traders
PART 3A--SALE OF MOTOR CARS BY AUCTION
50C. Definitions
50D. Dummy bidding prohibited
50E. Offences by auctioneers relating to bidding
50F. Offence to procure dummy bid
50G. Permissible vendor bids
50H. Offence to falsely acknowledge bid
50I. Contrary conditions are void
50J. Auctioneer to keep records
PART 4--SALE OF USED MOTOR CARS
51. Definitions
52. Particulars to be displayed
54. Obligations of motor car trader
55. Excluded defects
56. Special conditions to be void
PART 5--MOTOR CAR TRADERS CLAIMS COMMITTEE AND GUARANTEE FUND
Division 1--Motor Car Traders Claims Committee
57. Motor Car Traders Claims Committee
58. Terms and conditions of appointment
59. Allowances
60. Resignation and termination
61. Deputy Chairperson
62. Secretary to the Committee
63. Determination not invalid by reason of vacancy, etc.
66. Constitution of Committee
67. Determination of questions before the Committee
68. Committee may require information from parties to a claim
69. Director, police and public authorities to produce information to Committee
70. Procedure of Committee
71. Reasons for determination
72. Secretary may take legal proceedings on behalf of Committee
73. Protection for things done under this Part
Division 2--The Fund
74. Motor Car Traders' Guarantee Fund
75. Duties and powers of Treasurer
Division 3--Claims
76. Determination of claims
77. Admittance or refusal of claim
77A. Committee may postpone its determination
78. No further claim in respect of same matter
79. Application for review
80. Subrogation where claims allowed
81. Deferred payment
PART 5A--ENFORCEMENT PROVISIONS
Division 1--General
82. Production of identity card
82A. Documents available for inspection
82AA. Specified persons to produce documents and answer questions
82AB. Third parties to produce documents and answer questions relating to trader's business
82AC. Ministers, police, and public authorities to produce information to inspectors
82AD. Certain other specified persons or bodies to produce information
82AE. Powers on production of documents
82AF. Order requiring supply of information and answers to questions
82AG. Entry or search with consent
82AH. Entry without consent or warrant
82AI. Search warrants
82AJ. Announcement before entry
82AK. Details of warrant to be given to occupier
82AL. Seizure of things not mentioned in the warrant
82AM. Embargo notice
82AN. Copies of seized documents
82AO. Retention and return of seized documents or things
82AP. Magistrates' Court may extend 3 month period
82AQ. Requirement to assist inspector during entry
82AR. Refusal or failure to comply with requirement
82AS. Protection against self-incrimination
82AT. Offence to give false or misleading information
82ATA. Powers of court if requirement to produce information not complied with
82AU. Application of provisions relating to inspections
82AV. Service of documents
82AW. Confidentiality
82AX. Production of information to Authority
82AY. Rule against self-incrimination does not apply
82B. Verification of details supplied to the Authority
82C. Extended time for prosecutions
82CA. Who may bring proceedings for offences?
Division 2--Infringement notices
82D. Power to serve a notice
82E. Form of notice
82H. Further proceedings concerning infringement notices
Division 3--Application of Fair Trading Act 1999
82I. Application of Australian Consumer Law and Fair Trading Act 2012
PART 6--MISCELLANEOUS
83. Failure to disclose
83A. Retention of documents
83B. Offence to destroy documents required by the Act
83C. Motor car traders must supply copies of agreements etc.
83D. Complaints concerning motor car trader are privileged
84. Offence to place certain advertisements
84A. False or misleading statements
84B. Production of records
85. Corporations
85A. Simplified procedure concerning proof that person traded in motor cars
86. Service of notices
86A. Extension of time
87. Certificates
87A. Waiver or refund of fees
88. Contracting out prohibited
88A. Agreement not illegal etc. by reason of offence
88B. Agreement voidable if section 37, 38, 41 or 42 breached
89. Other rights and remedies
89A. Delegation by Director
90. Regulations
PART 8--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
120. Subrogation
121. Transitional—Motor Car Traders Amendment Act 2008
122. Further transitional—Motor Car Traders Amendment Act 2008
ENDNOTES
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