1Objective
The objective of these Regulations is to prescribe exemptions, forms, prohibited conduct, agreements, matters relating to warranties and other matters under the Motor Car Traders Act 1986.
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The objective of these Regulations is to prescribe exemptions, forms, prohibited conduct, agreements, matters relating to warranties and other matters under the Motor Car Traders Act 1986.
These Regulations are made under section 90 of the Motor Car Traders Act 1986.
These Regulations come into operation on 1 September 2018.
The following Regulations are revoked—
the Motor Car Traders Regulations 2008[1];
the Motor Car Traders Amendment Regulations 2010[2];
the Motor Car Traders Amendment (Infringements) Regulations 2010[3];
the Motor Car Traders Amendment (Red Tape Reduction) Regulations 2014[4];
the Motor Car Traders Amendment Regulations 2017[5].
In these Regulations—
associated business has the meaning given by regulation 6;
auction business, in relation to a used motor car, means a business selling, or offering to sell, the motor car by auction in the course of its business;
Australian Business Number has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
compliance date means the date stamped on a vehicle's compliance plate in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth;
LMCT means a licensed motor car trader;
police check means a certificate from the Chief Commissioner of Police that indicates that the person is not ineligible to be employed by a motor car trader in a customer service capacity under section 35A(1)(b) of the Act;
publish means to make generally known by any means, including by means of print, broadcast or electronic communication;
relevant financial interest, in relation to a business, means—
any share in the capital of the business; or
any entitlement to receive any income derived from the business; or
any entitlement to receive any payment as a result of money advanced to the business;
relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;
relevant power, in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
to participate in any directorial, managerial or executive decision in the business; or
to elect or appoint any person to any relevant position in the business;
the Act means the Motor Car Traders Act 1986;
trade auction means an auction at which only licensed motor car traders or persons acting on their behalf may bid;
truck has the same meaning as in the Road Safety Act 1986.
For the purposes of these Regulations, businesses are associated businesses if—
they are carried on by the same person; or
one business is carried on by a person and the other business is carried on by another person who is—
a spouse or domestic partner of that person; or
a business partner of that person; or
directly receiving any income derived from the business carried on by that person; or
one business is carried on by a body corporate and the other business is carried on by a person who—
is a director or secretary of the body corporate or a spouse or domestic partner of such a director or secretary; or
holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person's own right or on behalf of any other person), in the business of the body corporate under which the person is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
holds or will hold any relevant position (whether in the person's own right or on behalf of any other person) in the business of the body corporate; or
is a related body corporate within the meaning of section 9 of the Corporations Act or a director or secretary, or a spouse or domestic partner of such a director or secretary, of a related body corporate.
The following classes of sales are exempt from the operation of the Act—
the sale at a public auction of a motor car owned or used by a Council within the meaning of the Local Government Act 1989;
the sale at a public auction of a motor car owned by the executor or administrator of the estate of a deceased person;
the sale at a public auction of a motor car—
that at the time of the auction is damaged, if the reasonable cost to repair the damage would be more than $4800 or would exceed the value of the motor car; and
that is owned by a person who carries on the business of insuring motor cars if the motor car is sold in the course of that business.
Motor cars other than used motor cars are exempt from the operation of section 35(1) of the Act.
Sales at public auction of damaged motor cars, recovered stolen motor cars and trucks are exempt from the operation of section 50G(1)(b) of the Act.
Sales of damaged motor cars, recovered stolen motor cars and trucks are not exempt for the purposes of subregulation (3) if the car or truck is owned by the auction business or by an associated business.
AKN Pty Ltd ACN 120 745 851 is exempt from the operation of the Act.
Part 2—Forms
For the purposes of section 34 of the Act—
the prescribed form is Form 1 set out in Schedule 1; and
the prescribed particulars are set out in Form 1 in Schedule 1.
For the purposes of section 35(1) of the Act, the prescribed form of the dealings book is Form 2 set out in Schedule 1.
For the purposes of section 35(2)(a) of the Act—
the prescribed matters required to be entered in the dealings book at the time of acquisition by way of purchase or exchange of a used motor car or at the time of receiving a used motor car into custody or possession for the purpose of sale or exchange are set out in Form 2 in Schedule 1 under the heading "ACQUISITION DETAILS"; and
the prescribed matters required to be entered in the dealings book at the time of disposal by way of sale or exchange of a used motor car are set out in Form 2 in Schedule 1 under the heading "DISPOSAL DETAILS".
For the purposes of section 35(8)(a)(i) of the Act the prescribed manner is—
in the case of a motor car acquired from a natural person, that the paper document contains the full name and residential address of that person; or
in the case of a motor car acquired from a business, that the paper document contains the name, address of the principal place of business and the Australian Business Number of that business.
For the purposes of section 35(8)(a)(ii) of the Act, the prescribed manner is that the paper document contains—
in the case of an auctioneer who is a natural person, the name and address of the auctioneer; or
in the case of an auctioneer who is an auction business, the name, address of the principal place of business and the Australian Business Number of the auction business.
For the purposes of subregulations (3) and (4), a paper document must record the following in respect of the specified motor car—
the registration number of the motor car;
the motor car trader's stock number;
the vehicle identification number, engine number or the chassis number of the motor car.
For the purposes of section 35(8)(b) of the Act, the prescribed manner is that the following information recorded in the paper document is recorded in the dealings book—
the registration number of the motor car;
the motor car trader's stock number;
the vehicle identification number, engine number or the chassis number of the motor car.
For the purposes of section 35(8)(a) and (9)(b) of the Act, a paper document is signed as prescribed—
in the case of a motor car that is acquired from a natural person, if it is signed by that person; or
in the case of a motor car that is acquired from a business, if it is signed by a person authorised to sign on behalf of that business; or
in the case of a motor car that is acquired at auction, if it is signed by a person authorised to sign on behalf of the auction business.
For the purposes of section 35A(3) of the Act, the prescribed form of the notice is Form 3 set out in Schedule 1.
For the purposes of section 52(1) and (2)(g) of the Act, the prescribed form of the notice and the prescribed particulars are in Part B of Form 4 set out in Schedule 1.
A notice referred to in subregulation (1) must—
be printed, typed or written in a clear and legible manner; and
(b) if it contains an advertisement display the advertisement within a border under a printed or typed heading "ADVERTISEMENT" that is the most prominent text in the document; and
not be attached to, or incorporated with, any other document.
For the purpose of section 54(2C) of the Act, the required form of notice is Part A of Form 4 set out in Schedule 1.
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