Section 87 — Certificates — Motor Car Traders Act 1986 (Victoria) — Barrister AI

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Section 87 — Certificates — 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car traders to be licensed s 7ADeemed trading in motor cars s 8Application for licence s 9Refund of fee if application withdrawn s 10Notice of changes to details in application s 11Notice of application s 11AConsent to disclosure of information s 12Consideration of application s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

Section Whole Act

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87

Certificates

In force

87 Certificates

A certificate signed or purporting to be signed by the Registrar and certifying as to any matter relating to the register is evidence of that matter.

S. 87A inserted by No. 52/1998 s. 178.

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