Section 2 — Commencement — Motor Car Traders Act 1986 (Victoria) — Barrister AI

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Section 2 — Commencement — Motor Car Traders Act 1986 (Victoria) — Barrister AI

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s 1Purpose s 2Commencement s 3Definitions s 4Nature of transactions s 7Motor car traders to be licensed s 7ADeemed trading in motor cars s 8Application for licence s 9Refund of fee if application withdrawn s 10Notice of changes to details in application s 11Notice of application s 11AConsent to disclosure of information s 12Consideration of application s 12AProvision of information for the purposes of this Act s 13Grant or refusal of licence s 13AMeaning of associate in section 13 s 14Conditions of licence s 15Endorsement of licence s 15A2 year ban on applying for licence after refusal of application s 16Authority to sell motor cars at public auction s 17Name under which licensed motor car trader may operate s 18Form of licence s 19Change in partnership s 19AChange in directors of bodies corporate s 20Licensee to give notice of certain changes s 21Licences to be returned s 22Register to be kept s 23Annual licence fee and statement s 24Extension of time s 24AFailure to comply with section 23 s 25Display of licence s 26Duplicate licence s 27Surrender of licence s 28Automatic cancellation of licence on bankruptcy etc.s 29Automatic suspension of licence if Fund claim upheld s 29APerson involved in Guarantee Fund claim may regain licence etc. in special circumstances s 29BPerson with criminal record may be allowed limited right to hold licence etc.s 29CPermission to continue to hold licence despite criminal act of partner or director s 29DAuthority may impose conditions s 30Disciplinary action s 30AAuthority may temporarily suspend insolvent etc. trader without hearing s 31Determination of disciplinary measures by Tribunal s 31AEffect of suspension s 31BSuspended and cancelled licences must be returned s 32Application for review s 33Disability etc. of licensee s 34Prescribed sign s 35Dealings book s 35AProhibited employees s 35BTransitional provision concerning existing employees s 36Consignment selling prohibited s 37Dealing with young persons s 38Odometer tampering s 39Other orders s 40Findings in proceedings to be evidence s 41Agreements for sale of used motor car s 42Agreement for sale of new motor car s 42AAll registered cars must be sold with a roadworthy certificate s 43Cooling-off period s 43ACredit Law excluded matter s 44Offence s 45Rescission s 47Powers of Magistrates' Court and Tribunal s 48Cancellation of security interest by motor car trader s 49Notification of Director by credit provider s 50Proceeds of sale or disposal to be held on trust s 50AOffence to aid or abet an unlicensed trader s 50BRight to sue providers of motor cars to unlicensed traders s 50CDefinitions s 50DDummy bidding prohibited s 50EOffences by auctioneers relating to bidding s 50FOffence to procure dummy bid s 50GPermissible vendor bids s 50HOffence to falsely acknowledge bid s 50IContrary conditions are void s 50JAuctioneer to keep records s 51Definitions s 52Particulars to be displayed s 54Obligations of motor car trader s 55Excluded defects s 56Special conditions to be void s 57Motor Car Traders Claims Committee s 58Terms and conditions of appointment s 59Allowances s 60Resignation and termination s 61Deputy Chairperson s 62Secretary to the Committee s 63Determination not invalid by reason of vacancy, etc.s 66Constitution of Committee s 67Determination of questions before the Committee s 68Committee may require information from parties to a claim s 69Director, police and public authorities to produce information to Committee s 70Procedure of Committee s 71Reasons for determination s 72Secretary may take legal proceedings on behalf of Committee s 73Protection for things done under this Part s 74Motor Car Traders' Guarantee Fund s 75Duties and powers of Treasurer s 76Determination of claims s 77Admittance or refusal of claim s 77ACommittee may postpone its determination s 78No further claim in respect of same matter s 79Application for review s 80Subrogation where claims allowed s 81Deferred payment s 82Production of identity card s 82ADocuments available for inspection s 82AASpecified persons to produce documents and answer questions s 82ABThird parties to produce documents and answer questions relating to trader's business s 82ACMinisters, police, and public authorities to produce information to inspectors s 82ADCertain other specified persons or bodies to produce information s 82AEPowers on production of documents s 82AFOrder requiring supply of information and answers to questions s 82AGEntry or search with consent s 82AHEntry without consent or warrant s 82AISearch warrants s 82AJAnnouncement before entry s 82AKDetails of warrant to be given to occupier s 82ALSeizure of things not mentioned in the warrant s 82AMEmbargo notice s 82ANCopies of seized documents s 82AORetention and return of seized documents or things s 82APMagistrates' Court may extend 3 month period s 82AQRequirement to assist inspector during entry s 82ARRefusal or failure to comply with requirement s 82ASProtection against self-incrimination s 82ATOffence to give false or misleading information s 82ATAPowers of court if requirement to produce information not complied with s 82AUApplication of provisions relating to inspections s 82AVService of documents s 82AWConfidentiality s 82AXProduction of information to Authority s 82AYRule against self-incrimination does not apply s 82BVerification of details supplied to the Authority s 82CExtended time for prosecutions s 82CAWho may bring proceedings for offences?s 82DPower to serve a notice s 82EForm of notice s 82HFurther proceedings concerning infringement notices s 82IApplication of Australian Consumer Law and Fair Trading Act 2012 s 83Failure to disclose s 83ARetention of documents s 83BOffence to destroy documents required by the Act s 83CMotor car traders must supply copies of agreements etc.s 83DComplaints concerning motor car trader are privileged s 84Offence to place certain advertisements s 84AFalse or misleading statements s 84BProduction of records s 85Corporations s 85ASimplified procedure concerning proof that person traded in motor cars s 86Service of notices s 86AExtension of time s 87Certificates s 87AWaiver or refund of fees s 88Contracting out prohibited s 88AAgreement not illegal etc. by reason of offence s 88BAgreement voidable if section 37, 38, 41 or 42 breached s 89Other rights and remedies s 89ADelegation by Director s 90Regulations s 120Subrogation s 121Transitional—Motor Car Traders Amendment Act 2008 s 122Further transitional—Motor Car Traders Amendment Act 2008

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Commencement

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2 Commencement

This Act comes into operation on a day or days to be proclaimed.

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