Motor Vehicle Traders Act 2011

In this section – prescribed administrator, in relation to a represented person who is an externally-administered body corporate within the meaning of the Corporations Act, means the liquidator, administrator, receiver, receiver and manager or person administering a compromise or arrangement approved under Part 5.1 of the Corporations Act; relevant motor vehicle trader licence means the motor vehicle trader licence held by a licensed motor vehicle trader who dies or becomes a represented person; represented person means a person who – is a represented person within the meaning of the Guardianship and Administration Act 1995; or is the subject of an order or other determination made under the law of another jurisdiction in Australia or elsewhere that is similar in effect to an order under section 20, 51 or 65 of the Guardianship and Administration Act 1995; or is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration or estate for the benefit of creditors; or is an externally administered body corporate within the meaning of the Corporations Act.

Subject to subsections (8) and (9), for 30 days after a licensed motor vehicle trader dies or becomes a represented person, or such longer period as the Director determines under subsection (3), the following persons may carry on the business of dealing in motor vehicles which had been carried on under the relevant motor vehicle trader licence:if the licensed motor vehicle trader dies, the personal representative of the licensed motor vehicle trader's estate or a person who intends to apply for letters of administration in relation to the licensed motor vehicle trader's estate; if the licensed motor vehicle trader becomes a person referred to in paragraph (a) or (b) of the definition of represented person in subsection (1), the guardian of that person, or the administrator of that person's estate, within the meaning of Guardianship and Administration Act 1995; if the licensed motor vehicle trader becomes a person referred to in paragraph (c) of the definition of represented person in subsection (1) – the Official Trustee or other trustee in whom the licensed motor vehicle trader's property has vested or who has control of the licensed motor vehicle trader's property; or another person approved by the Director; if the licensed motor vehicle trader becomes a person referred to in paragraph (d) of the definition of represented person in subsection (1), the prescribed administrator of the licensed motor vehicle trader.

On the application of a person referred to in subsection (2) made within the 30-day period specified in that subsection, the Director may extend the period for which the applicant may carry on the business of dealing in motor vehicles if satisfied that it would not be contrary to the public interest to do so.

If the Director grants an application, the Director may impose any conditions relating to carrying on, or winding up, the business that he or she considers appropriate.

The person carrying on the business must comply with any conditions imposed under subsection (4). In the case of – a body corporate, a fine not exceeding 100 penalty units; or an individual, a fine not exceeding 20 penalty units.

If a person makes an application under subsection (3) but the Director has not determined it before the expiration of the 30-day period referred to in subsection (2), that person may continue to carry on the business after the expiration of the period until the application is determined.

A person authorised under this section to carry on a business of dealing in motor vehicles is taken to hold a motor vehicle trader licence in the same terms as the relevant motor vehicle trader licence.

Subsections (2), (3), (4), (5), (6) and (7) do not apply to a licensed motor vehicle trader who holds a motor vehicle trader licence by virtue of holding deemed registration.

If a motor vehicle trader who holds a motor vehicle trader licence by virtue of holding deemed registration dies – the person’s legal personal representative is to notify the Director of that fact; and no other person may undertake any activity under the motor vehicle trader licence.