Infringement notices and infringement penalties
31 Infringement notices and infringement penalties
For the purposes of section 82D(1) of the Act, an offence specified in Column 2 of Schedule 4 is an offence in respect of which an infringement notice may be issued.
For the purposes of section 82D(3) of the Act, the prescribed infringement penalty for an infringement offence set out in Column 2 of Schedule 4 is the penalty set out in Column 3 of Schedule 4 in respect of the corresponding infringement offence.
Schedule 1—Forms
Form 1
Regulation 8
Motor Car Traders Act 1986
Prescribed Sign
LICENSED MOTOR CAR TRADER (or LMCT)
[Insert licensee's licence number]
Form 2
Regulation 9
Motor Car Traders Act 1986
Dealings Book
ACQUISITION DETAILS
Registration number of the motor car or, if unregistered, trader's stock number
Make/model
Type of vehicle
Built date if it appears on the vehicle
Compliance date
Vehicle identification number (if the vehicle identification number is not available, any other number capable of identifying the vehicle)
Date of acquisition
Odometer reading
*Name and address of person from whom vehicle acquired
*Name and address of auction business from which vehicle acquired
Security interest (if any) held by
Security interest (if any) amount paid out in discharge
Date security interest paid (if any)
*Signature of person from whom vehicle acquired
*Signature of person authorised to sign on behalf of the auction business from which vehicle acquired or received
*delete whichever is inapplicable
DISPOSAL DETAILS
Sold to (name and address)
Date of delivery
Odometer reading
Certificate of roadworthiness (issued in accordance with the Road Safety Act 1986)
—Certificate number
—Certificate date
Date notice of acquisition sent to VicRoads
Date notice of disposal sent to VicRoads
Date registration cancelled and plates returned (if applicable)
Form 3
Regulation 10
Motor Car Traders Act 1986
Notice to Motor Car Trader by Prospective Person Employed in a Customer Service Capacity
Declaration of eligibility to be employed in a customer service capacity
I,
[insert name of person to be employed]
of
[insert residential address of person to be employed]
declare that I—
(*delete whichever is not applicable)
*have/*have not had a claim admitted against the Motor Car Traders' Guarantee Fund (note: see paragraph (c) below); and
*am/*am not or *was/*was not a partner or director of, or person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Motor Car Traders' Guarantee Fund in relation to an act or omission that occurred at a time I was a partner or director of, or a person concerned in the management of, the partnership or body corporate (note: see paragraph (c) below); and
*have/*have not obtained permission under section 29A of the Motor Car Traders Act 1986 in relation to a claim or claims referred to in paragraphs (a) and (b) above; and
[please specify further details of permission obtained.]
*have/*have not, within the last 10 years, been found guilty or convicted of a disqualifying or serious offence involving fraud, dishonesty, drug trafficking or violence (whether or not a conviction was recorded) (note: see paragraph (e) below); and
*have/*have not obtained permission under section 29B of the Motor Car Traders Act 1986 in relation to an offence involving fraud, dishonesty, drug trafficking or violence referred to in paragraph (d) above; and
[please specify further details of permission obtained.]
*am/*am not for the time being disqualified from holding a motor car trader's licence; and
*am/*am not for the time being disqualified from being employed in any capacity in connection with the business of a motor car trader (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction).
Signature of proposed employee making the declaration
[Print full name]
Date
Under section 84A(1) of the Motor Car Traders Act 1986 it is an offence punishable by a fine of 50 penalty units in the case of a natural person and 100 penalty units in the case of a corporation to make a false or misleading statement or omission in this declaration. Under section 35A(3) of the Motor Car Traders Act 1986, a motor car trader must receive a completed declaration from a person before that person is employed in a customer service capacity by the trader. Also, under section 35A(4) of the Motor Car Traders Act 1986, a person is disqualified from being employed in a customer service capacity by a motor car trader unless the person gives the trader a police check. The police check and this form must be retained for at least 6 years, in accordance with section 83A of the Motor Car Traders Act 1986.
Form 4
Regulations 11 and 12
Motor Car Traders Act 1986
PART A—USED MOTOR CAR WARRANTY
Warranty Information Is this motor car automatically covered by a statutory warranty under section 54 of the Motor Car Traders Act 1986? □ Yes □ No Please note Motor cars that are less than 10 years old and that have been driven less than 160 000 km are automatically covered by a statutory warranty under section 54 of the Motor Car Traders Act 1986 for the first 3 months or 5000 km after delivery, whichever occurs first. If this motor car is not automatically covered by the statutory warranty, the motor car trader does not have any obligation under the Motor Car Traders Act 1986 to repair or make good any defects after delivery. However, the trader may have other obligations under other legislation including the Australian Consumer Law (Victoria). |
PART B—USED MOTOR CAR NOTICE
A. Name and business address of the current owner of the motor car.
B. If the motor car is equipped with an odometer, the distance travelled by the motor car entered by the motor car trader in the dealings book when the trader acquired the motor car or received custody or possession of the motor car for the purpose of sale (as the case may be).
C. Except in the case of a motor car offered or displayed for sale at a public auction, the cash price of the motor car, a statement that the cash price does not include transfer fees or duty and a statement of whether the car is sold with registration or without registration.
D. The single price of the motor car, inclusive of all fees and duties.
E. Built date if it appears on the motor car.
F. Compliance date.
G. The model designation (if any) of the motor car.
H. Registration number (if any) of the motor car.
I. The vehicle identification number of the motor car.
J. If the vehicle identification number is not available, another number capable of identifying the motor car.
K. A statement as to whether the motor car is entered on the register of written-off vehicles or on an interstate written-off vehicles register within the meaning of the Road Safety Act 1986.
Signature of motor car trader:
LMCT No.:
Signature of purchaser:
AFFIX TO RIGHT SIDE WINDOW (rear where applicable)
On the sale of the motor car the purchaser must sign and be given a copy of this form under sections 52(6) and 83C(1) of the Motor Car Traders Act 1986 and regulation 11 of the Motor Car Traders Regulations 2018.
Form 5
Regulation 13
Motor Car Traders Act 1986
Section 55
Statement of Defects in a Used Motor Car Offered for Sale
Make and model of motor car:
Registration number (if applicable):
Vehicle identification number, or if vehicle identification number is not reasonably ascertainable, any other number by which the motor car may be identified:
Trading name and LMCT No.:
Description of defect | Estimate of fair cost of repairing or making good |
Any items listed on this notice are NOT subject to a warranty under section 54 of the Motor Car Traders Act 1986.
Signature of purchaser: Signature of motor car trader:
Licence or LMCT No.:
Notes:
This notice will only have effect if—
at all material times it has been attached to the motor car; and
at or before the time of sale a copy of the notice has been signed by the purchaser; and
on the sale a true copy of the notice as so signed has been delivered to the purchaser for retention by that purchaser; and
the estimate by the motor car trader of the fair cost of repairing or making good the defect is reasonable.
Form 6
Regulation 14
Motor Car Traders Act 1986
Statement OF VERIFICATION
To: Inspector [specify inspector's name]:
I, [insert name] in relation to [insert name and address of principal place of business/former business], [insert licence number/former licence number], verify that the document produced to you on [insert date] in accordance with section 82AA(1B) of the Motor Car Traders Act 1986 is a true record of the dealings book as at the date of this statement.
Form 7
Regulation 15
Embargo Notice
Motor Car Traders Act 1986
Section 82AM
1. The item described below has been embargoed under section 82AM of the Motor Car Traders Act 1986.
2. Section 82AM(2) provides that a person who knows that an embargo notice relates to a thing and who—
sells; or
leases; or
without the written consent of the inspector who issued the embargo notice, moves; or
transfers; or
otherwise deals with—
the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.
3. Section 82AM(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.
4. Section 82AM(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.
Description of embargoed item—
This notice has been—
□ served on [insert name]
□ affixed to the item described above
Signature of inspector:
Name of inspector:
Telephone number: Date: Time:
Schedule 2—Particulars, terms and conditions for sale of used motor car
Regulation 23
IMPORTANT INFORMATION—YOUR RIGHT TO COOL OFF
Motor Car Traders Act 1986
Section 43
Under section 43 of the Motor Car Traders Act 1986, if none of the exceptions listed below applies to you, you may end this contract within 3 clear business days of the day that you sign the contract.
To end the contract within this time, you must give the motor car trader or the motor car trader's agent written notice that you are terminating the contract.
If you end the contract in this way, you are entitled to a refund of all the money you paid EXCEPT $100 or 1 per cent of the purchase price (whichever is greater).
EXCEPTIONS—the 3-day cooling-off period does not apply if—
- the vehicle being sold is a commercial vehicle; or
- you are a motor car trader; or
- you are a body corporate; or
- you accept delivery of the vehicle within the cooling-off period.
IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF
A. Particulars
The name of the motor car trader or, if an employee of the motor car trader negotiated the agreement on behalf of the motor car trader, the name of the employee.
A description of the motor car sufficient to identify it.
Whichever of the following is applicable—
if the motor car is registered, the registration number;
if the motor car is unregistered—
the vehicle identification number; or
if the vehicle identification number is not reasonably ascertainable, any other number by which the motor car may be identified.
The price and any other charges to be paid and the time and manner in which the price and any other charges are to be paid and, where a motor car or other goods are to be accepted as part payment of the price or other charges, the amount agreed to be represented by the motor car or other goods.
The amounts to be paid by the motor car trader or the purchaser to VicRoads for transfer fees and duties, and if applicable an amount to be paid by the motor car trader or the purchaser to VicRoads for registration.
The distance travelled by the motor car as recorded on the instrument or device installed in the motor car for recording the distance travelled by the motor car either when the purchaser signs the agreement or at any earlier time at which the purchaser takes delivery of the motor car.
Whether or not the motor car trader believes the distance so recorded to be true.
The licence number of the motor car trader.
The serial number of the agreement.
B. Warranty Information
Warranty under section 54 of the Motor Car Traders Act 1986
Motor cars not more than 10 years old and that have been driven less than 160 000 km are covered by a warranty under section 54 of the Motor Car Traders Act 1986.
Is this motor car automatically covered by a statutory warranty under section 54 of the Motor Car Traders Act 1986?
□ Yes
□ No
If the motor car is covered by the warranty
The motor car trader warrants that if a defect appears in the motor car before the end of the warranty period, the motor car trader at the motor car trader's own expense—
will arrange for the car to be taken to a place where it can be repaired or made good; and
will repair or make good, or cause to be repaired or made good by another motor car trader or by a qualified repairer, the defect, so as to place the car in a reasonable condition having regard to its age.
The warranty period is whichever of the following periods is shorter—
the period from when the motor car is delivered to the person buying it until it has been driven for a further 5000 kilometres;
the period of 3 months from the day after the motor car is delivered to the person buying it.
The benefits to the consumer given by this warranty are in addition to other rights and remedies of the consumer under the Australian Consumer Law (Victoria).
If the motor car is not covered by the warranty
The motor car trader does not have any obligation under the Motor Car Traders Act 1986 to repair or make good any defects after delivery. However, the trader may have other obligations under other legislation including the Australian Consumer Law (Victoria).
Rights under the Australian Consumer Law (Victoria)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (Victoria). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
C. Terms and conditions
Subject to finance
1.
Where this agreement is subject to the purchaser obtaining finance, the agreement is conditional on the purchaser obtaining finance approval—
within the time stated in this agreement; and
of the amount stated in this agreement; and
from the credit provider named in this agreement (or from a similar type of credit provider); and
for the type of finance stated in this agreement; and
on reasonable terms and conditions in the circumstances.
The purchaser agrees to take all reasonable steps towards obtaining finance approval.
If the purchaser does not obtain finance approval then either the purchaser or the seller may terminate this agreement by giving notice to the other party.
Transfer to credit provider
2. Where requested by the purchaser the seller must transfer title of the purchase vehicle to the purchaser's credit provider on payment of the total purchase price to the seller.
Delays in delivery
3.
The seller must make every reasonable effort to make the purchase vehicle available for delivery on or before the delivery date stated in this agreement. Where delivery is delayed more than 14 days the purchaser may terminate this agreement by notifying the seller in writing, unless the delay is caused by the purchaser.
The purchaser must take delivery of the purchase vehicle within 7 days of being notified by the seller that the vehicle is ready for delivery. If the purchaser fails to take delivery within this time the seller may terminate the agreement by notice in writing.
Trade-in conditions
4.
Where the purchase involves a trade-in vehicle then the amount allowed for the trade-in (net trade-in allowance) must be deducted from the total purchase price. The net trade-in allowance will be the amount allowed on the trade-in vehicle less any amount to be paid by the seller to discharge the interest of any other person in the vehicle.
The trade-in vehicle must be delivered to the seller no later than the date of delivery of the purchase vehicle. If the trade-in vehicle is delivered after this date or is not in substantially the same condition as at the date of this agreement then the net trade-in allowance may be adjusted by an amount equal to the change in the fair market value of the trade-in vehicle between the date of this agreement and the date of delivery to the seller.
The purchaser's interest in the trade-in vehicle must pass to the seller—
when the purchaser accepts delivery of the purchase vehicle; or
when the purchaser has delivered the trade-in vehicle to the seller and the seller has paid the net trade-in allowance to the purchaser or acknowledged in writing that this amount has been credited towards the total purchase price—
whichever first occurs.
The seller must not, without the prior written consent of the purchaser, sell or agree to sell the trade-in vehicle before delivery of the purchase vehicle to the purchaser.
Where the amount allowed on the trade-in vehicle has been reduced by an amount to be paid by the seller to discharge the interest of any other person in the vehicle, the seller will pay this amount to the other person within 28 days of delivery of the trade‑in vehicle to the seller.
Termination
5.
Where this agreement is lawfully terminated by the seller due to a breach of this agreement by the purchaser then—
the purchaser must forfeit the amount stated in this agreement to the seller provided that amount does not exceed 5 per cent of the total purchase price; and
where an amount has been paid towards the purchase price and that amount exceeds the forfeitable amount then the seller must—
refund to the purchaser so much of the amount paid that exceeds the forfeitable amount; and
return any trade-in vehicle to the purchaser; and
where an amount has been paid towards the purchase price and that amount does not provide the seller with the forfeitable amount and a trade-in vehicle has been delivered to the seller then the trade-in vehicle may be forfeited to the seller and the purchaser credited with the net trade-in allowance. If this amount and any other amount paid by the purchaser exceeds the forfeitable amount then the excess must be refunded to the purchaser.
Where this agreement is lawfully terminated by the purchaser due to a breach of this agreement by the seller then the seller must—
refund to the purchaser all money paid by or on behalf of the purchaser; and
return any trade-in vehicle to the purchaser.
Where this agreement is lawfully terminated by either the purchaser or the seller under clause l(3) or for any reason other than a breach of this agreement then the seller must—
refund to the purchaser all money paid by or on behalf of the purchaser; and
return any trade-in vehicle to the purchaser.
Where this agreement provides for the seller to return any trade-in vehicle to the purchaser but the seller has, with the prior written consent of the purchaser, sold or agreed to sell the trade-in vehicle then this agreement will be complied with if the seller pays to the purchaser—
an amount equal to the net trade-in allowance; or
where the purchaser and seller have agreed on a value as the fair market value of the trade-in vehicle, that agreed value less any trade-in payout made or to be made by the seller.
Where the seller returns any trade-in vehicle to the purchaser and the seller has carried out repairs on the vehicle with the consent of the purchaser then the seller is entitled to an amount equal to the reasonable cost of those repairs.
Where either the purchaser or seller wishes to terminate this agreement in accordance with this clause they must give written notice to the other party of the decision to terminate.
Nothing in this clause affects the rights and duties conferred by section 43 of the Motor Car Traders Act 1986.
Non-exclusion of warranties and other rights
6. The benefits conferred by this agreement and by the seller's warranty, if any, are in addition to all other rights and remedies in respect of the purchase vehicle which the purchaser has under the Australian Consumer Law (Victoria) and any other Commonwealth, State and Territory laws.
The parties to this agreement may include other conditions if those conditions do not reduce the rights given to either party by or under the Motor Car Traders Act 1986.
Schedule 3—Particulars for sale of new motor car
Regulation 24
IMPORTANT INFORMATION—YOUR RIGHT TO COOL OFF
Motor Car Traders Act 1986
Section 43
Under section 43 of the Motor Car Traders Act 1986, if none of the exceptions listed below applies to you, you may end this contract within 3 clear business days of the day that you sign the contract.
To end the contract within this time, you must give the motor car trader or the motor car trader's agent written notice that you are terminating the contract.
If you end the contract in this way, you are entitled to a refund of all the money you paid EXCEPT—
- $400 or 2 per cent of the purchase price (whichever is greater) where this is not an off-trade premises sale; or
- $100 or 1 per cent of the purchase price (whichever is greater) where this is an off-trade premises sale. An "off-trade-premises" sale is one in which you agree to purchase the car while you are at home or at your workplace and you did not ask for the agreement to be signed at your home or workplace.
EXCEPTIONS—the 3-day cooling-off period does not apply if—
- the vehicle being sold is a commercial vehicle; or
- you are a motor car trader; or
- you are a body corporate; or
- you accept delivery of the vehicle within the cooling-off period.
IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF
Particulars
The name of the motor car trader or, if an employee of the motor car trader negotiated the agreement on behalf of the motor car trader, the name of the employee.
A description of the motor car sufficient to identify it.
The vehicle identification number or, if the vehicle identification number is not reasonably ascertainable, any other number by which the motor car may be identified.
The price and any other charges to be paid and the time and manner in which the price and any other charges are to be paid and, where a motor car or other goods are to be accepted as part payment of the price or other charges, the amount agreed to be represented by the motor car or other goods.
Where a motor car is to be accepted as part payment of the price or other charges and where the amount allowed on this trade-in vehicle has been reduced by an amount to be paid by the motor car trader to discharge the interest of any other person in the vehicle, the number of days after delivery of the trade-in vehicle to the trader within which the trader will pay this amount to the other person.
The licence number of the motor car trader.
The serial number of the agreement.
Schedule 4—Infringement offences and infringement penalties
Regulation 31
Column 1
| Column 2 Prescribed infringement offence | Column 3 Infringement penalty |
|---|---|---|
1 | section 14(2) | 10 penalty units |
2 | section 15(2) | 1 penalty unit |
3 | section 20(1) | 0·5 penalty units |
4 | section 25(2) | 1 penalty unit |
5 | section 27(3) | 1 penalty unit |
6 | section 31B(1) | 2·5 penalty units |
7 | section 34 | 1 penalty unit |
8 | section 35(1) | 5 penalty units |
9 | section 35(2) | 5 penalty units |
10 | section 35A(3) | 5 penalty units |
11 | section 41(2)(a) | 2 penalty units |
12 | section 41(2)(b) | 2 penalty units |
13 | section 42(2)(a) | 2 penalty units |
14 | section 42(2)(b) | 2 penalty units |
15 | section 42A(1) | 5 penalty units |
16 | section 43(3) | 5 penalty units |
17 | section 44 | 2 penalty units |
18 | section 50J(1) | 1 penalty unit |
19 | section 52(1) | 1 penalty unit |
20 | section 52(6) | 1 penalty unit |
21 | section 82A(1) | 5 penalty units |
22 | section 82A(2) | 5 penalty units |
23 | section 83A | 2 penalty units |
24 | regulation 18 | 1 penalty unit |
25 | regulation 19(1) | 1 penalty unit |
26 | regulation 21 | 1 penalty unit |
27 | regulation 22(1) | 1 penalty unit |
28 | regulation 22(2) | 1 penalty unit |
29 | regulation 27 | 1 penalty unit |
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