New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 186

186 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the following matters--

(a) the exemption, unconditionally or subject to conditions, of persons or things or classes of persons or things from any or all of the provisions of this Act,

(b) fees for applications under this Act and licence fees,

(c) fees for any inspection made or information supplied by the Secretary,

(d) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,

(e) regulating the conduct of any person who is required to hold a motor dealer's licence, motor vehicle repairer's licence or motor vehicle recycler's licence, or of the person's employees or agents, in carrying on the business to which the licence relates,

(e1) regulating online motor dealers, including the sale of motor vehicles by online motor dealers,

(f) prohibiting or regulating the employment by any person who is required to hold a licence of the following persons--

(i) a person found guilty or convicted of, or charged with, offences under this Act, offences involving fraud or dishonesty or other prescribed offences, whether or not in New South Wales,

(ii) a person who has been refused a licence or who is a director or officer of a body corporate that has been refused a licence,

(iii) a person whose licence has been suspended, cancelled or revoked,

(iv) a person who is disqualified from holding a licence or being involved in the direction, management or conduct of a business for which a licence is required,

(g) requiring any person who is required to hold a licence, or the person's employees or agents, to keep records and report to specified persons as to offences involving motor vehicles or parts of motor vehicles,

(h) providing for the form and content of advertisements by licence holders, including--

(i) requiring the inclusion of specified information in advertisements or the use of specified statements in advertisements, and

(ii) prohibiting the inclusion of specified information in advertisements or the use of specified statements in advertisements,

(i) regulating the sale of motor vehicles on consignment,

(j) providing for the keeping and management of trust accounts by the holders of motor dealers' licences,

(k) providing for the making of claims against the Compensation Fund, including the form and manner in which claims may be made and the time within which claims are to be made,

(l) requiring a person who is granted a licence to make an initial contribution to the Compensation Fund,

(m) requiring a licence holder to provide information about any partner of the licence holder in a business the subject of the licence.

(2A) The Secretary may, in accordance with a regulation, exempt a person who is required to hold a licence from a regulation made under section 186(2)(f).

(3) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.