Victorian Numbered Acts

MOTOR CAR TRADERS AND FAIR TRADING ACTS (AMENDMENT) ACT 2005 (NO 91 OF 2005) - SECT 3

    (1)     Section 35(4) of the Motor Car Traders Act 1986 is repealed .

    (2)     For section 35(8) of the Motor Car Traders Act 1986 substitute —

    "(8)     It is sufficient compliance with sub-section (2)(b) if—

        (a)     a motor car trader keeps a paper document—

              (i)     that identifies in the prescribed manner the name and address of the person from whom the motor car was acquired and that is signed as prescribed; or

              (ii)     if a used motor car is acquired by the motor car trader at auction, that identifies in the prescribed manner the name and address of the auctioneer and that is signed as prescribed; and

        (b)     the dealings book identifies that document in relation to that transaction in the prescribed manner; and

        (c)     the motor car trader stores that paper document with all the other documents required under this Act to be kept in relation to that transaction.".

    (3)     After section 35(8) of the Motor Car Traders Act 1986     insert —

    "(9)     If a dealings book is kept in an electronically readable form and the motor car trader does not comply with sub-section (8) in relation to a transaction, then for the purposes of sub-section (2), the motor car trader must ensure that—

        (a)     the entries relating to a transaction are copied on to paper; and

        (b)     the paper is then signed as prescribed; and

        (c)     all such papers are stored together.".