Victorian Repealed Regulations

This legislation has been repealed.

Motor Car Traders Regulations 1998 - SECT 9

Dealings book

9. Dealings book



(1) For the purposes of section 35(1), the prescribed form of the dealings
book is Form 5.

(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 5 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 5 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 or engine 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 or engine 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.