Motor Vehicle Traders Act 2011

In this Act, unless the contrary intention appears – ADR means – the vehicle standards (Australian Design Rules) determined under the MVSA and as amended or replaced from time to time; or a national road vehicle standard determined under section 12 of the RVSA and as amended or replaced from time to time;Australian Fuel Consumption Guide means – the Green Vehicle Guide produced by the Commonwealth Department of Environment and Heritage, as amended or substituted from time to time, together with the Fuel Consumption Guide Database 1986-2003 kept and published by that Department; or a prescribed document; authorised officer means a person who is an authorized officer within the meaning of the Consumer Affairs Act 1988; chief executive officer, in relation to a body corporate, means – the chief executive officer of the body corporate; or an individual who holds an office in the body corporate that is substantially the same as that of chief executive officer of a body corporate, regardless of the name of that office; or an individual acting in the office of chief executive officer or an office referred to in paragraph (b); commercial vehicle means a motor vehicle, within the meaning of the Vehicle and Traffic Act 1999, that – if manufactured or imported on or after 1 July 1988, has a vehicle category code of MD, ME, NA, NB or NC stamped, engraved or otherwise placed on its compliance plate; or if manufactured or imported before 1 July 1988, has the capacity to carry 1 200 kilograms or more and is constructed or adapted to be used principally for – the carriage of goods; or the carriage of 10 or more passengers; or industrial purposes; or agricultural purposes; compliance plate means an identification plate approved to be attached, or taken to have been attached, to a vehicle under the MVSA; deal in motor vehicles has the meaning given by section 4; deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth;Director means the Director of Consumer Affairs and Fair Trading appointed under section 9 of the Consumer Affairs Act 1988; director, in relation to a body corporate, means – a director of the body corporate; or an individual who holds an office in the body corporate that is substantially the same as that of a director of a body corporate, regardless of the name of that office; or an individual acting in the office of director or in an office referred to in paragraph (b); or an individual not referred to in paragraph (a), (b) or (c) but who is concerned in the management of the body corporate; finance agreement means an agreement under which a person agrees to provide finance to another person in respect of a motor vehicle and the other person – agrees to pay or repay the amount of finance provided at a later time, whether the time for repayment is fixed or indeterminate; or obtains a right to use the motor vehicle (whether or not a right of purchase is also obtained) and agrees to make successive payments for that use before, during or after any period of use; or agrees to give to the person who agrees to provide finance a negotiable instrument under which payment is not to be made by the person against whom the negotiable instrument is drawn until a later date; finance provider means a person who carries on the business of buying, selling or exchanging motor vehicles only for one or more of the following purposes:selling motor vehicles on instalment terms; hiring motor vehicles under hire-purchase agreements; taking or enforcing securities over motor vehicles; letting or hiring motor vehicles with or without granting a right to purchase them; a prescribed purpose; disposing of motor vehicles acquired by the person in connection with any of the purposes referred to in paragraph (a), (b), (c), (d) or (e); fit and proper person to hold a motor vehicle trader licence has the meaning given by section 7; licence number means the identifying number on a motor vehicle trader licence issued and in force in accordance with section 14; licensed motor vehicle trader means a person who holds a motor vehicle trader licence; manufacturer means a person who, in Australia – manufactures motor vehicles; or imports new motor vehicles; or assembles new motor vehicles; or distributes new motor vehicles; or sells new motor vehicles on a concession basis; or sells new motor vehicles on a wholesale basis; motor cycle means a motor cycle within the meaning of the Vehicle and Traffic Act 1999, other than – a motor cycle that is not used, and is not intended to be used, on a public street; and a motor cycle that is prescribed by the regulations not to be a motor cycle for the purposes of this definition; motor vehicle means a motor vehicle, within the meaning of the Vehicle and Traffic Act 1999, other than a commercial vehicle; motor vehicle trader means a person carrying on the business of dealing in motor vehicles; motor vehicle trader licence means – a licence issued and in force in accordance with section 14; or a motor vehicle trader licence held by a person by virtue of holding deemed registration;MVSA means the Motor Vehicle Standards Act 1989 of the Commonwealth, as in force immediately before its repeal; park and sell operator means a person who – owns or manages land; and for profit, allows other persons to park motor vehicles on that land for the purpose of offering them for sale and selling them; partner, in relation to a partnership, means – an individual who is a partner in the partnership; or an individual who is not a partner in the partnership but is concerned in the management of the partnership; or if a partner in the partnership is another partnership, an individual who is a partner in, or is concerned in the management of, that other partnership; or if a partner in the partnership is a body corporate, a director or other individual concerned in the management of that body corporate; pre-sale disclosure statement means the pre-sale disclosure statement in respect of a motor vehicle required to be displayed by a licensed motor vehicle trader under section 37; purchaser, in relation to a motor vehicle, includes – a person who receives the motor vehicle as part of an exchange arrangement; and a person who is entitled to the use of the motor vehicle if a finance agreement is entered into in respect of the vehicle at the time of its sale;RAV means the Register of Approved Vehicles kept under section 14(1) of the RVSA;RVSA means the Road Vehicle Standards Act 2018 of the Commonwealth; recondition, in relation to an engine, means the process of reconditioning an engine set out in – the definition of "Reconditioned (remanufactured) engine" in "AS 4182-1994: Automotive repairs – Code of practice for reconditioning reciprocating spark ignition engines" published on 21 March 1994 by Standards Australia, as amended or substituted from time to time; or if another standard or other document is prescribed in the regulations for the purposes of this definition, that other standard or other document, as amended or substituted from time to time; registered, in relation to a motor vehicle, means registered under the Vehicle and Traffic Act 1999; regulations means regulations made and in force under this Act; repair includes replace and recondition; statutory warranty means the warranty given by a licensed motor vehicle trader to the purchaser of a warrantied vehicle by reason of section 43(2); trade-in, in relation to an item, means to transfer ownership of the item from a purchaser of a motor vehicle to a licensed motor vehicle trader who credits the value of the item against the purchase price of the motor vehicle; vehicle category code, in relation to a vehicle, means the code for that type of vehicle specified in the Australian Design Rules; vendor, in relation to a motor vehicle, includes a person who gives the motor vehicle under an exchange arrangement; warrantied vehicle has the meaning given by section 42.

For the avoidance of doubt, a reference in this Act to buying, selling or exchanging a motor vehicle includes a reference to buying, selling or exchanging a motor vehicle on consignment.

If – the Commonwealth Department of Environment and Heritage has a name change or ceases to exist; or the production and publication of the Green Vehicle Guide referred to in the definition of "Australian Fuel Consumption Guide" in subsection (1), or a document that is substituted for that Guide, is assigned to another Commonwealth Department; or the name of that Guide is changed; or the keeping and publication of the Fuel Consumption Guide Database 1986-2003 referred to in the definition of "Australian Fuel Consumption Guide" in subsection (1) is assigned to another Commonwealth Department; or the name of that Database is changed – the Minister, by order, may amend that definition.

An order under subsection (3) that amends the definition of "Australian Fuel Consumption Guide" is a statutory rule for the purposes of the Rules Publication Act 1953.