Victorian Numbered Regulations

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MOTOR CAR TRADERS REGULATIONS 2008 (SR NO 144 OF 2008) - REG 8

Dealings book

    (1)     For the purposes of section 35(1), the prescribed form of the dealings book is Form 2.

    (2)     For the purposes of section 35(2)(a)—

        (a)     the prescribed matters required to be entered in the dealings book at the time of purchase or acquisition by way of exchange of a used motor car or at the time of receiving a used motor car into custody or possession for the purpose of sale or exchange are set out in Form 2 under the heading "ACQUISITION DETAILS";

        (b)     the prescribed matters required to be entered in the dealings book at the time of sale or disposal by way of exchange of a used motor car are set out in Form 2 under the heading "DISPOSAL DETAILS".

    (3)     For the purposes of section 35(8)(a)—

        (a)     a paper document identifies, in relation to the motor car specified in that document, the name and address of the person from whom the motor car is acquired—

              (i)     if the motor car is acquired from a natural person, if it contains the full name and residential address of that person;

              (ii)     if the motor car is acquired from a business, if it contains the name, address of the principal place of business and the Australian Business Number of that business; or

        (b)     if a used motor car is acquired at auction, a paper document identifies, in relation to the motor car specified in that document, the name and address of the auctioneer if it contains the name, address of the principal place of business and the Australian Business Number of the auction business.

    (4)     For the purposes of subregulation (3), a motor car is specified in a paper document if it records—

        (a)     the registration number of the motor car; or

        (b)     the trader's stock number; or

        (c)     the vehicle identification number, engine number or the chassis number of the motor car.

    (5)     For the purposes of section 35(8)(b), the dealings book identifies a paper document in relation to a transaction in the prescribed manner if—

        (a)     the paper document records—

              (i)     the registration number of the motor car; or

              (ii)     the trader's stock number; or

              (iii)     the vehicle identification number, engine number or the chassis number of the motor car; and

        (b)     that number is recorded in the dealings book.

    (6)     For the purposes of sections 35(8)(a) and 35(9)(b), a paper document is signed as prescribed—

        (a)     if the motor car is acquired from a natural person, if it is signed by that person;

        (b)     if the motor car is acquired from a business, if it is signed by a person authorised to sign on behalf of that business;

        (c)     if the motor car is acquired at auction, if it is signed by a person authorised to sign on behalf of the auction business.

    (7)     In this regulation auction business , in relation to a used motor car, means the business selling, or offering to sell, the motor car by auction in the course of its business.



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