Commerce Regulations Amendment (Motor Vehicle Dealers and Repairers) Regulations 2021 (WA)

No judgment structure available for this case.

24 September 2021 GOVERNMENT GAZETTE, WA 4433
CONSUMER PROTECTION
CP3O1
Western Austra la

Commerce Regulations Amendment(Motor
Vehicle Dealers and Repairers)

Regulations 2021

Contents

Part 1— Preliminary
I. Citation
2. Commencennt
Part 2—Motor Vehicle Dealers
(Infringements) Regulations 2002
amended

3. Regulations amended 2
4. Schedule I replaced 2
Schedule 1 - Prescribed offences and modified
penalties

5. Schedule 2 Form I amended 4
6. Schedule 2 Form 2 replaced 5
Part 3—Motor Vehicle Dealers

(Licensing) Regulations 1974
amended

7. Regulations amended 7
8. Regulation 8 amended 7
9. Regulation 10 inserted 7

10. Transitional 7
10. Fourth Schedule replaced
Schedule 4 - Classes and descriptions of business

and categories of dealers licence

Part 4—Motor Vehicle Dealers

(Sales) Regulations 1974
amended

II. Regulations amended 9

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GOVERNMENT GAZETTE, WA

4434

12. Regulation 4 amended 9
13. Regulation 10.1 replaced 9

10J. Conduct of audit 9

14. Regulation 1OL amended 10
15. Regulations 12 and 13 deleted 10
16. Schedule I Form 1 replaced 10
17. Schedule I Form 4 amended 11
18. Schedule I Form 5 amended 12
19. Schedule I Form 6 amended 13
20. Schedules 2 and 3 deleted 14
21. Schedule 4 amended 14
22. Schedule 5amended 15

Part 5 -Motor Vehicle Repairers
Regulations 200 7amendcd

23. Regulations amended 16
24. Regulation 3 amended 16
25. Regulation 4 amended 18
26. Regulation 5 replaced 19
5. Classes ofrepairwork prescribed (Act

s.5) 19

27. Regulation 6 amended 20
28. Regulation 8 amended 20
29. Regulation 13 amended 20
30. Regulation 16 inserted 21

16. Transitional 21

31. Schedule 1 Form 1 amended 23
32. Schedule 1 Form 2 amended 24
33. Schedule 2replaced 24
Schedule 2 -Qualifications proscribed

24 September 2021 GOVERNMENT GAZETTE, WA 4435
Motor Vehicle Dealers Act 1973 Motor Vehicle Repairers Act 2003

Commerce Regulations Amendment (Motor
Vehicle Dealers and Repairers)

Regulations 2021

SL 2021/164

Made by the Lieutenant Governor and deputy of the Governor in
Executive Council.
Part I - Preliminary

1. Citation

These regulations are the Commerce Regulations Amendment
(Motor Vehicle Dealers and Repairers) Regulations 2021.
2. Commencement
These regulations corre into operation as follows -

(a)

Part I - on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation 22— on 1 January 2022;

(c)

the rest of the regulations - on the day after gazettal day.

Part 2 -Motor Vehicle Dealers (infringements)

Regulations 2002 amended

3. Regulations amended

This Part amends the Motor Vehicle Dealers (Infringements)
Regulations 2002.
4. Schedule I replaced
Delete Schedule I and insert:

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GOVERNMENT GAZETTE, WA

24 September 2021

Schedule I - Prescribed offences and modified

penalties

[r. 3 and 4]

Column I Column

Prescribed offe rice Modified penalty

Motor Vehicle Dealers Act 1973

S. 200(3) $150
s.21 $150
S. 21C(3) $150
s. 21D $150
S. 22A(3) $150
s.23(1) $200
s.23(2) $200
s.24(3) $150
s. 25(1) $500
s.25(la) $500
s. 25(2a) $500
s. 25(2e) $100
s.26(1) $200
s.26(2) $200
s.27(3) $500
s.28(10) $200
s.28(11) $200
s.30(2) $500

s. 31A $1000
s. 31B $1000
s. 31C $1000
s. 31D(2) $500
s. 3213(1) $500
s. 32B(3) $500
s. 32C $500
s. 3213(1) $500
s.321(1) $500
s.33(1) $200
s.33(4) $500
s.33(7) $100
s.40B(1) $200

24 September 2021 GOVERNMENT GAZETTE, WA 4437

Column I Column 2

Prescribed offence Modified penalty

S. 42A(5) $500
s.43(1) $100
Motor VehicleDealers (Sales) Regulations 1974
r. 14, relating to r. IOC(I) $200
r. 14, relating to r. I0C(2) $200
r. 14, relating to r. I013(1) $200
r. 14, relating to r. I0E(1) $200
r. 14, relating to r. I0H(1) $200
r. 14, relating to r. 11(2) $200
5. Schedule 2 Form 1 amended

(1) In Schedule 2 Form 1 delete:
Family name:

ulkndtr Othernames:

Address No.: Street name:

Suburb: Postcodc:

Mid insert:

\Ikcd Name: Family name
offender Given names
or Company name
ACN
Address

Postcode

(2) In Schedule 2 Form I delete:

(a) BY POSTING a cheque or money order made payable to the Commissioner Locked Bag 14 Cloisters Square Perth WA 6850.01
(b) IN PERSON to the Cashier at the Department ofCommerce -Consumer Protection (street address to be inserted]:
and insert:

(a)

BY POSTING a cheque or money order made payable to the Commissioner to Locked Bag 100. EAST PERTH WA 6892: or

(b)

IN PERSON to the Cashier at the Department of Mines. Industry Regulation and Safety. Consumer Protection Division [address to be inserted]:

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GOVERNMENT GAZETTE, WA

24 September 2021

6. Schedule 2 Form 2 replaced
Delete Schedule 2 Form 2 and insert:

Form 2

Motor Vehicle Dealers Act 1973. s. 55A(7) Withdrawal no.
Withdrawal of infringement notice

Alleged Name: Family name
offender Given names

or Company name
ACN

Address
Postcode

Infringement lnfrineinent notice no.
notice

Date of issue I 120
Alleged offence Description of offence
Motor Vehicle Dealers Act /973 s.
OR
Motor Vehicle Dealers (Sales) Regulations 1974 r.

Date 1 120 Time am/pm
Designated Name
official gibing
this notice
Signature
Date

Date of withdrawal / 120
Vithdraal of The above infringement notice issued against you has been withdrawn.
infringement If you have already paid themodified penalty forthe alleged offence you
notice are entitled too refund.
[*delete * Your refund is enclosed.
whichever or
Is not
* If you have paid the modified penalty but a refund is not enclosed, to

applicable] claim yourrefund sign this notice and post it to:
The Commissioner
Department of M ines. Industry Regulation and Safety
Consumer Protection Division
Locked Bag 100

EAST PERTH WA 6892

Siiature / /20

Part 3— Motor Vehicle Dealers (Licensing)
Regulations 1974 amended

7. Regulations amended
This Part amends the Motor Vehicle Dealers (Licensing)
Regulations 1974.
8. Regulation 8 amended

(I) In regulation (l) delete The Fourth Schedule Column" and
insert:
Schedule 4 column

24 September 2021 GOVERNMENT GAZETTE, WA 4439

(2) In regulation 8(2):

(a) delete 'The Fourth Schedule Cohirnn and insert:
Schedule 4 column

(b) delete "Column 2." and insert:
column 2.

9. Regulation 10 inserted
After regulation 9 insert:
10. Transitional

(I) A dealer's licence that is in lbrce uiuicdiately before
the corrllEncement of the Commerce Regulations
Amendment (Motor Vehicle Dealers and Repairers)
Regulations 2021 regulation 10 continues to have
effect, on and after that commencement; as if those
regulations had not cone into operation.
(2) Subregulat ion (I) ceases to operate in relation to a
dealer's licence on the day on which -

(a) the licence expires; or
(b) if the licence istoberenewed — the licence would have expired.

10. Fourth Schedule replaced

Delete the Fourth Schedule and insert: and categories of dealer's licence
Schedule 4— Classes and descriptions of business

[r.8]

(oh,iiiii I Column 2
Category

Cate uory of lice nce Description of business
.

vehicles.
Buying any vehicles for the purpose
of dismantling them and selling off
the parts.

Buying, selling and auctioning sale or purchase of any vehicles on behalf of members of the public.

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GOVERNMENT GAZETTE, WA

24 September 2021

Column 1 Column
Category oflicence Description of business
D Hiring out vehicles, buying vehicles
for hiring out, and selling and
auctioning any vehicles that have
been hired out by the dealer.
Any combination of A, B, C and D, The businesses the subject of the
as nominated by the dealer. nominated categories.
Part 4 - Motor Vehicle Dealers (Sales)
Reç'iilations 1974 amended

11. Regulations amended

This Part amends the Motor Vehicle Dealers (Sales)
Regulations 1974.
12. Regulation 4 amended
Delete regulation 4(4) and insert:

(4) Each person who makes an entry in the register
(including an anndment or deletion of a previous
entry) must record the person's name in the Entered by
column and the date of the entry in the Date entered
column (see Form 1).
13. Regulation 10J replaced
Delete regulation I OJ and insert:

1 OJ. Conduct of audits
The auditor must conduct the audit in accordance with -

(a)
accepted auditing practice, including selective appropriate; and

(b) any requirements specified by the ConTnissioner.

14. Regulation 10L amended
In regulation 1 OL(a) after "any" insert:
de titeto relationship or

24 September 2021 GOVERNMENT GAZETTE, WA 4441
15. Regulations 12 and 13 deleted
Delete regulations 12 and 13.
16. Schedule 1 Form I replaced
Delete Schedule 1 Form 1 and insert:
Form 1 — Register oftransactions

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GOVERNMENT GAZETTE, WA

24 September 2021

17. Schedule 1 Form 4 amended
In Schedule I Form 4 delete:

MORE INFORMATION

If you have any questions or require further information about the statutory warranty
contact the Consumer Protection Call Centre on 1300 304 054 (Mon to Fri).
TTY (08) 9282 0800 (hearing impaired).

Internet:

and insert:

WARRANTY AGAINST DEFECTS UNDER

AUSTRALIAN CONSUMER LAW

A motor vehicle is also covered by the Australian Consumer Law, which requires a
warranty against defects that includes the following text: "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.".

MORE INFORMATION

If you have any questions or require further information about warranties, contact
the Consumer Protection Call Centre on 1300 304 054 (Mon to Fri). TTY 13 36 77
(hearing impaired). 13 14 50 (interpreter service).

Internet:

18. Schedule 1 Form 5 amended

(1) In Schedule 1 Form 5 before the heading "rrEms NOT
COVERED BY THE STATUTORY WARRANTY" insert:
This vehicle is also covered by the Australian Consumer Law, which requires a warranty against defects that includes the following text: "Our goods come
with guarantees that cannot be excluded under the Australian Consumer Law.

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.".

(2) In Schedule I Form 5 delete:
MORE INFORMATION
If you have any questions or require further information about statutory
warranties or this notice, contact the Consumer Protection Call Centre
on 1300 304 054 (Mon to Fri). TTY (08) 9282 0800 (hearing impaired).

Internet: ivww.docep.wa.gov.au

24 September 2021 GOVERNMENT GAZETTE, WA 4443
and insert:
MORE INFORMATION

If you have any questions or require further information about warranties or this notice, contact the Consumer Protection Call Centre on 1300 304 054 (Mon to Fri). TTY 13 36 77 (hearing impaired). 13 14 50 (interpreter service).

Internet: wa.gov.au

19. Schedule I Form 6 amended

(I) In Schedule I Form 6 delete the heading "WARRANTIES IMPLIED
UNDER FAIR TRADING AND TRADE PRACTICES LAWS" and insert:
WARRANTIES UNDER FAIR TRADING AND COMPETITION AND
CONSUMER1LAWS
(2) In Schedule I Form 6 delete "Trade Practices Act 1974 (Cwlth)" and
insert:
Competition and Consumer Act 2010 (Cwlth)
(3) In Schedule I Form 6 before the heading "vEHIcLEs BOUGHT AT
AUCTION" insert:
The Australian Consumer Law also requires a warranty against defects that includes the following text: 'Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a
major failure and compensation for any other reasonably foreseeable loss or
damage. You arc also entitled to have the goods repaired or rep laced if the goods
fail to be of acceptable quality and the failure does not amount to a major failure.".

(4)

In Schedule I Form 6 delete:
MORE INFORMATION
If you have any questions or require further information about statutory warranties or
this notice, contact the Consumer Protection Call Centre on 1300 304 054 (Mon to Fri).
TTY(08) 9282 0800 (hearing impaired).
Internet: wwwdocep.wa.gov.au

and insert:
MORE INFORMATION
If you have any questions or require further information about warranties or this
notice, contact the Consumer Protection Call Centre on 1300 304 054 (Mon to Fn).
TTY 13 3677 (hearing impaired). 13 14 50 (interpreter service).

Internet: wa.gov.au

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GOVERNMENT GAZETTE, WA

24 September 2021

20. Schedules 2 and 3 deleted
Delete Schedules 2 and 3.
21. Schedule 4 amended
In Schedule 4:

(a) under the heading "8. DEALERS RESPONSIBILITY" delete "Trade Practices Act 1974," and insert:
Competition and Consumer Act 2010 (Cwlth),

(b) under the heading "9. WARRANTY CLAIMS" delete
"Trade Practices Act 1974." and insert:
Competition and Consumer Act 2010 (Cwlth).
(c) under the heading "10. OWNERSHIP AND
ENCUMBRANCES" delete "Register of Encumbered
Vehicles" and insert:
Personal Property Securities Register

(d) under the heading "10. OWNERSHIP AND
ENCUMBRANCES" delete "Chattel Securities Act 1987"
and insert:
Personal Property Securities Act 2009 (Cwlth)

22. Schedule S amended
In Schedule 5 in the sentence designated 8.2 delete "15%" and insert:

5%
Part 5— Motor Vehicle Repairers
Regulations 2007 amended

23. Regulations amended

This Part amends the Motor Vehicle Repairers
Regulations 2007.
24. Regulation 3 amended

(I) In regulation 3(1) delete the definitions of
cylinder head reconditioning work
diesel fitting work

24 September 2021 GOVERNMENT GAZETTE, WA 4445
dieselfuel and engine work
driveline servicing and repairing work
driveline work
exhaust system work
steering, suspension and wheel aligning work
transmission work
lyre fitting (heavy) work
lyre filling (light) work

(2) In regulation 3(I) insert in alphabetical order:
diesel work means any work required to do any of the
following

(a) to service, repair, overhaul or modify any of the
following that is, was, or may be, fitted to a
heavy vehicle or light vehicle -
(i) a diesel fuel system;

(ii) a diesel engine;

(b) to service, repair, overhaul or modify any of the Ibilowing that is, was, or may be, fitted to a heavy vehicle or light vehicle propelled by a diesel engine -
(i)     an air induction system;
(ii)    an ignition system;
(iii)    an engine management system;
(iv)    a cooling system
(v)     a hydraulic system;

(c)

to fabricate, service, repair or modify the exhaust system of a heavy vehicle or light vehicle propelled by a diesel engine;

driveline and transmission work means any work
required to do any of the following -

(a)

to service, repair, overhaul or modify a driveline that is, was, or may be, fitted to a motor vehicle;

(b)

to service, repair, overhaul or modify any of the following that is, was, or may be, fitted to a heavy vehicle or light vehicle -

(I) a transmission;
(ii) a final drive assembly the differential of
which is integrated with a transmission;
(iii) an electronic drive management system;

locksmith work means any work required to service, repair or replace a locking or transponder system that is, was, or may be, fitted to a motor vehicle;

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GOVERNMENT GAZETTE, WA

24 September 2021

lyre fitting work means any work required to do any of
the following in respect of a heavy vehicle, light
vehicle or motor cycle -

(a) to repair or replace a rim, tyre or tube;
(b) to balance a wheel;

(3) In regulation 3(1) in the definition of electrical accessory fitting
work delete "vehicle;" and insert:
vehicle, except an electrical accessory that does not ailëct the
perlbrnnce, safety or security of the motor vehicle;
(4) In regulation 3(1) in the definition of niechanical accessory
fitting work delete "vehicle;" and insert:
vehicle, except a mechanical accessory that does not affect the
performance, safety or security of the motor vehicle;
(5) In regulation 3(1) in the definition of trimming work delete
"vehicle;" and insert:
vehicle, except any such work that does not affect the
performance, safety or security of the motor vehicle;

25. Regulation 4 amended
In regulation 4:

(a) in paragraph (d) delete "wheelchair." and insert:

wheelchair:
(b) after paragraph (d) insert:

(e) a Segway,
(I) a vehicle with a power output of not more than
200 watts.
26. Regulation 5 replaced
Delete regulation 5 and insert:

24 September 2021 4447
GOVERNMENT GAZETTE, WA
5. Classes of repair vwrk prescribed (Act s. 5)
For the purposes of Part 3 of the Act, each kind of work listed in the Table is prescribed to be a class of repair work.
Table

Item ('lass otrc pair %ork
1. Air conditioning work
2. Body building work
3. Brake work
4. Cooling system work
5. Diesel work
6. Driveline and transmission work
7. Electrical accessory fitting work
8. Electrical work
9. Engine reconditioning work
to. Glazing work
it. Heavy vehicle servicing work
12. Heavy vehicle work
13. Light vehicle servicing work
14. Light vehicle work
15. Locksmith work
16. Mechanical accessory fitting work
17. Motor cycle servicing work
18. Motor cycle work

19. Painting work
20. Panel beating work
21. Trimming work
22. Tyre fitting work
23. Underb)dy work

27. Regulation 6 amended
After regulation 6(d) insert:
(da) repairing or otherwise working on an accessory

that does not affect the per1brnnce, safety or
security of the motor vehicle;

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GOVERNMENT GAZETTE, WA

24 September 2021

28. Regulation 8 amended
After regulation 8(3) insert:

(4) For the purposes of section 42(2)(a)(i) of the Act, a
person has the qualifications prescribed for locksmith
work if the person holds the qualification
MEM30819 —Certificate HI in Locksmithing.

29. Regulation 13 amended
In regulation 13 in the Table:

(a) after item 10 insert:

bA. Section 55(3) $150 $300

(b) after item 16 insert:

16A. Section 109(2)(a) $500 $1000
16B. Section 109(3)(a) or (b) - $1 000
30. Regulation 16 inserted
After regulation 15 insert:
16. Transitional

(I) In this regulation -
amendment regulations means the Commerce
Regulations Amendment (Motor Vehicle Dealers and
Repairers) Regulations 2021;

commencement means the conmiencement of regulation 26 of the amendment regulations.

(2)

Despite the amendments made to these regulations by the amendment regulations, a repairer's certificate that is in lbrce inndiateIy before the comencement
continues to have eflèct, on and alter the
commencement, in relation to the same class or classes
of repair work as it did before the conuTncemenL
(3) Subregulation (5) applies to an individual if -

(a) ininiedtely before the commencement, the
individual is undertaking the requirements to
obtain a qualification (the prescribed
qualification) prescribed by these regulations
before that connencement but has not yet
completed those requirements; and

24 September 2021 GOVERNMENT GAZETTE, WA 4449

(b)

the prescribed qualification relates to I or more classes of repair work that -

(I) are listed in the Table to regulation 5
ininicdiately before the comnEncement;
and

(n)

are no longer listed in that Table on the comnncenient.

(4) Subregulation (5) also applies to an individual if -

(a)

imodtely before the coniliencement, the individual has obtained the prescribed qualification, or has another qualification or experience (the other qualification), that nkes the individual sufficiently qualified for the purposes of section 42(2) of the Act to be granted a repairer's certificate but has not yet applied for it; and

(b)

the prescribed qualification or the other qualification relates to I or more classes of repair work that -

() are listed in the Table to regulation 5
iniiicdiately before the con1ncenEnt;
and
are no longer listed in that Table on the
comnicncenicnt.

(5) The individual is entitled to be granted a repairer's
certificate in respect of the class or classes of repair
work to which the prescribed qualification or the other
qualification relates if—

(a)

within 12 months after the coninencenEnt - the individual applies for the repairer's certificate, having obtained the prescribed

qualification (if applicable); and

(b)

the individual satisfies the Conuiissioner for the purposes of section 42 of the Act.

M. Schedule I Form I amended

(1) In Schedule I Form 1 delete (each occurrence):
Department of Commerce - Consumer Protection
Locked Bag 14 Cloisters Square
Perth WA 6850

and insert:
Department of Mines, Industry Regulation and Safety
Consumer Protection Division

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GOVERNMENT GAZETTE, WA

24 September 2021

Locked Bag 100
EAST PERTH WA 6892

(2) In Schedule I Form I delete:
Department of ConRTEIce - Consumer Protection
[street address to be inserted]

and insert:
Department of Mines, Industry Regulation and Safety
Consumer Protection Division
[street address to be inserted]

32. Schedule I Form 2 amended

(1) In Schedule I Form 2 delete:
Department of Commerce - Consumer Protection
Locked Bag 14 Cloisters Square
Perth WA 6850

and insert:
Department of Mines, Industry Regulation and Safety
Consumer Protection Division
Locked Bag 100
EAST PERTH WA 6892

33. Schedule 2 replaced
Delete Schedule 2 and insert:

Schedule 2— Qualifications prescribed r. 8

Column I Column 2 Column 3
Item Class of repair Prescribed qualification

work - --

Training Qualification
package

Air conditioning AUR99 Code: AUR20799

Work

Title: Certificate If in Automotive (Mechanical - Air Conditioning)
\ L Code: AUR20705
Title: certificate H in Automotive
Mechanical
Specialisation: Air Conditioning

24 September 2021 GOVERNMENT GAZETTE, WA

Column 1 Column 2 Column 3
Item Class of repair Prescribed qualification
ork

Training Qualification
package

AURI2 Code: AUR20212
Title: Certificate II in Automotive
Air Conditioning Technology
AUR Code: AUR2O2IS
Title: Certificate II in Automotive
Air Conditioning Technology

Bodybuilding AUR99 Code: A UR31599
work Title: Certificate 111 in Automotive
(Vehicle Body -Building)
AUR05 Code: AUR30805
Title: Certificate III in Automotive
Vehicle Body
Specialisation: Body Building
AUR12 Code: AUR32I 12
Title: Certificate III in Automotive
Body Repair Technology
AUR Code: AUR32I 16
Title: Certificate Ill in Automotive
Body Repair Technology
Brake work AL R99 Code: AUR30399
Title: Certificate HI in Automotive

(Mechanical - Brakes)
AUR05 Code: AUR30605

Title: Certificate Ill in Automotive
Specialist
Specialisation: Brakes
or
Code: AUR3061 I
Title: Certificate Ill in Automotive
Specialist
Specialisation: Brakes

AL'R12 Code: AUR32512
Title: Certificate III in Automotive
Underbody Technolog

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GOVERNMENT GAZETTE, WA

24 September 2021

Column I Column 2 Column 3
Iteni Class of repair Prescribed qualification
sork

Training Qualification
package

AUR Code: AUR32516
Title: Certificate HI in Automotive
Underbody Technology
or
Code: AUR32518
Title: Certificate Ill in Automotive
Underbody Technology

Cooling system A t Code: AUR21299

work

Title: Certificate H in Automotive (Mechanical - Radiator Repairs)
At Code: A UR20705
Title: Certificate H in Automotive
Mechanical
Specialisation: cooling System
AURL Code: AUR21412
Title: Certificate H in Automotive
Cooling System Technology
.\ t Code: AUR21416
Title: Certificate II in Automotive
Cooling System Technology
Code: AUR31416
Title: Certificate Ill in Automotive
Diesel Fuel Technology

Code: AUR3 1516
Title: Certificate Ill in Automotive
Diesel Engine Technology
Code: AUR3 1420
Title: Certificate Ill in Automotive
Diesel Fuel Technology
Code: AUR31520
Title: Certificate Ill in Automotive
Diesel Engine Technology

Driveline and AUR Code: AUR3I6I6
transmission Title: Certificate HI in Automotive
work Dnvetram Technology

24 September 2021 GOVERNMENT GAZETTE, WA 445:

Column 1 Column 2 Column 3
Item Class of repair Prescribed qualification
work

Training Qualification
package
Electrical

AUR99 Code: AUR20699
accessory fitting

Title: Certificate If in Automotive

work (Electrical - Accessory Fitting)

\LR05 Code: AUR20405
Title: Certificate II in Automotive
Electrical Technology
or
Code: AUR20408
Title: Certificate II in Automotive
Electrical Technology
AURI2 Code: AUR20412
Title: Certificate ii in Automotive
Electrical Technology
AUR Code: AUR20416
Title: Certificate 11 in Automotive
Electrical Technology

Electrical work ALR9') ('ode: AUR30199
Title: certificate iii in Automotive
(Electrical)
A URO5 Code: AUR30305
Title: Certificate Ill in Automotive
Electrical Technology
or

Code: AUR30308
Title: Certificate Ill in Automotive
Electrical Technology

ALRI2 Code: A11R30312
Title: Certificate HI in Automotive
Electrical Technology
AUR Code: AUR30316
Title: Certificate HI in Automotie
Electrical Technology

9. Engine ALR99 Code: AUR30799
reconditionuic
work Title: Certificate Ill in Automotive

(Mechanical - Engine
Reconditioning)

I (OVEFtN\1ENT GAZETTE, WA 24 September 2021

( oluinn I ( olumn 2 ( oluinii 3

llciii ( lass of repair l'iscri I$.(l (jtIdlifiatioII
ork

Training Qti:ilification
package

AtRh Code: A UR30605
Title: Certificate Ill in Automotive
Specialist
Specialisation: Engine
Reconditioning
AL'RL Code:AUR31312
Title: Certificate Ill in Automotive
Engine Reconditioning
or
Code: AUR3 1512
Title: Certificate HI in Automotive
Diesel Engine Technology
\I Code:AUR31316
Title: Certificate iii in Automotive
Engine Reconditioning

rb. AUR99 Code: AUR22799
Title: Certificate 11 in Automotive
(Vehicle Body - Glazing)
Ad Code: A UR20905
Title: Certificate II Automotive
Vehicle Body
Specialisation: Vehicle Glazing

\ L RI Code: AUR20912

Body Repair Technology
Title: Certificate 11 in Automotive

ALR Code: AUR32216
Title: Certificate III in Automotive
Glazing Technology

Heavy vehicle AUR9 Code: AUR21799
servicing work

rifle: Certificate 11 an Automotive (Mechanical Vehicle Servicing)
AURO' Code: AUR20505
Title: Certificate II in Automotive
Vehicle Servicing
Specialisation: Heavy Vehicle

24 September 2021 GOVERNMENT GAZETTE, WA 41

Column 1 Column 2 Column 3
lien] Class of repair Prescribed qualification
work

Training Qualification
package

AURI2 Code: AUR20512
Title: Certificate H in Automotive
Servicing Technology

ALR Code: AUR20516
Title: Certificate 11 in Automotive
Servicing Technology

Heavy vehicle AUR99 Code: AUR30899
WOlk
Title: Certificate Ill in Automotive

(Mechanical - Heavy Vehicle
Road Transport)
AUR05 Code: AUR30405
Title: Certificate 111 in Automoti\ C
Mechanical Technology
Specialisation: Heavy Vehicle Road
Transport
AURI2 Code: AUR3I 112
Title: Certificate Ill in Heavy
Commercial Vehicle Mechanicil
Technology
AL R Code: A UR3 1114
Title: Certificate Ill in Heavy
Commercial Vehicle Mechanical
Technology
or
Code: AUR3I 116

Title: Certificate iii in Heavy
Commercial Vehicle Mechanical
Technology

13. Light vehicle ALR9t) Code: A1JR21799

servicing work

Title: Certificate II in Automotive (Mechanical - Vehicle Servicing
AUR05 Code: AUR20505
Title: Certificate 11 in Automotive
Vehicle Servicing
Specialisation: Light Vehicle
ALRI2 Code: AUR2OSI2
Title: Certificate II in Automotive
Servicing Technology

GOVERNMENT GAZETTE, WA 24 September 2021

( iiluiiiii I ( ol tuiiiii 2 Column 3

ltciii (Liss of 'repair PrescriId qualificaiioii
iNork

Training Qu:ilitication
package

A [R Code: AUR20516
Title: Certificate II in Automotive
Servicing Technology

Light vehicle AL R°) Code: AUR31099
work
Title: Certificate Ill in Automotive

(Mechanical - Light Vehicle)
AURO Code: AUR30405
Title: Certificate Ill in Automotive
Mechanical Technology
Specialisation: Light Vehicle
AL (ode: A11R30612
Title: Certificate ifi in Light
Vehicle Mechanical Technology
At i< Code: AUR30616
Title: Certificate ifi in Light
Vehicle Mechanical Technology

5. Mechanical AL R (ode: AUR22499
accessory fitting
Work Title: Certificate Il in Automotive

(Vehicle Body - Accessory Fitting
Mechanical")
AURO Code: A1JR20205
Title: Certificate II in Automotive
Afterimrket Manufacturing

Specialisation: Accessory Fitting

Motorcycle A k Code: A UR21799
servicing work Title: Certificate If an Automotive
(Mechanical - Vehicle Servicing)
AURO' Code: AUR20505
Title: Certificate II in Automotive
Vehicle Servicing
Specialisazion: Motorcycle
AURI2 Code: AUR20512
Title: Certificate If in Automotive
Servicing Technology
Code: AUR20516
Title: Certificate II in Automotive
Servicing Technology

24 September 2021 GOVERNMENT GAZETTE, WA 447

Column 1 Column 2 Column 3
Item Class of repair Prescribed qualification
vork

Training Qualification
package
Motorcycle

AUR99 Code:AUR31l99

work Title: Certificate 111 in Automotive

(Mechanical - MotorCycle)

.\LRO5 Code: AUR30405
Title: Certificate Ill in Automotive
Mechanical Technology
Specialisation: Motorcycle
AURI2 Code: AUR30812
Title: Certificate III in Motorcycle
Mechanical Technology
AUR Code: AUR3O8I6
Title: Certificate Ill in Motorcycle
Mechanical Technology

Painting work AUR99 Code: AUR31899

Title: Certificate 111 in Automotive (Vehicle Body -Vehicle Painting

I IZ05 Code: AUR30805
Title: Certificate III in Automotive
Vehicle Body
Specialisation: Vehicle Paintin

AUR12 Code: AUR32412
Title: Certificate ifi in Automotive
Refinishing Technology

AUR Code: AUR32416
Title: Certificate 111 in Automotive
Refinishing Technology

l). Panel beating ALR99 Code: AUR31699
work Title: Certificate Ill in Automotive

(Vehicle Body - Panel Beating)
AUR05 Code: AUR3O8O5
Title: Certificate III in Automotive
Vehicle Body
Specialisation: Panel Beating
\ L RI 2 Code: A UR32 112
Title: Certificate III in Automotive
Body Repair Technology

GOVERNMENT GAZETTE, WA 24 September 2021

( oluiiiii I ( ol uinii 2 Column 3

licti) (Liss of 'repair PrescriId qualificaiioii
iNork

Training Qu:ilification
package

A [R Code: AUR32I 16
Title: Certificate Ill in Automotive
Body Repair Technology

trimming work AL R°) Code: AUR31799
7'iile: Certificate Ill in Automotive

(Vehicle Body - Trimming)

AURO Code: AUR30805
Title: Certificate HI in Automotive
Vehicle Body
Specialisation: Vehicle trimming
AL Code: A1JR32312

Title: Certificate iii in Automotive and Marine Trimming Technology
At K

Code: AUR323 16

Title: Certificate Ill in Automotive and Marine Trimming Technology

Tyre fitting Code: A UR21916
work -
Title: Certificate II in Automotive
Tyre Servicing Technology
Code: AUR21920
Title: Certificate LI in Automotive
Tyre Servicing Technology

Underbody AUR Code: AUR32516

work Title: Certificate Ill in Automotive
Underbody Technology
or
Code: AUR32518
Title: Certificate iii in Automotive
Underbody Tech notogv
N.

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Citations

Commerce Regulations Amendment (Motor Vehicle Dealers and Repairers) Regulations 2021 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(3)	In regulation 3(1) in the definition of electrical accessory fitting work delete "vehicle;" and insert:
vehicle, except an electrical accessory that does not ailëct the perlbrnnce, safety or security of the motor vehicle;
(4)	In regulation 3(1) in the definition of *niechanical accessory* *fitting work* delete "vehicle;" and insert:
vehicle, except a mechanical accessory that does not affect the performance, safety or security of the motor vehicle;
(5)	In regulation 3(1) in the definition of *trimming work* delete "vehicle;" and insert:
vehicle, except any such work that does not affect the performance, safety or security of the motor vehicle;
25.	Regulation 4 amended In regulation 4:

3.	Regulations amended	2
4.	Schedule I replaced	2
Schedule 1 - Prescribed offences and modified

5.	Schedule 2 Form I amended	4
6.	Schedule 2 Form 2 replaced	5
Part 3—Motor Vehicle Dealers

7.	Regulations amended	7
8.	Regulation 8 amended	7
9.	Regulation 10 inserted	7

14.	Regulation 1OL amended	10
15.	Regulations 12 and 13 deleted	10
16.	Schedule I Form 1 replaced	10
17.	Schedule I Form 4 amended	11
18.	Schedule I Form 5 amended	12
19.	Schedule I Form 6 amended	13
20.	Schedules 2 and 3 deleted	14
21.	Schedule 4 amended	14
22.	Schedule 5amended	15

23.	Regulations amended	16
24.	Regulation 3 amended	16
25.	Regulation 4 amended	18
26.	Regulation 5 replaced	19

27.	Regulation 6 amended	20
28.	Regulation 8 amended	20
29.	Regulation 13 amended	20
30.	Regulation 16 inserted	21

31.	Schedule 1 Form 1 amended	23
32.	Schedule 1 Form 2 amended	24
33.	Schedule 2replaced	24
Schedule 2 -Qualifications proscribed

(a)	Part I - on the day on which these regulations are published in the Gazette (gazettal day);
(b)	regulation 22— on 1 January 2022;
(c)	the rest of the regulations - on the day after gazettal day.

S. 200(3)	$150
s.21	$150
S. 21C(3)	$150
s. 21D	$150
S. 22A(3)	$150
s.23(1)	$200
s.23(2)	$200
s.24(3)	$150
s. 25(1)	$500
s.25(la)	$500
s. 25(2a)	$500
s. 25(2e)	$100
s.26(1)	$200
s.26(2)	$200
s.27(3)	$500
s.28(10)	$200
s.28(11)	$200
s.30(2)	$500

s. 31A	$1000
s. 31B	$1000
s. 31C	$1000
s. 31D(2)	$500
s. 3213(1)	$500
s. 32B(3)	$500
s. 32C	$500
s. 3213(1)	$500
s.321(1)	$500
s.33(1)	$200
s.33(4)	$500
s.33(7)	$100
s.40B(1)	$200
24 September 2021	GOVERNMENT GAZETTE, WA	4437

S. 42A(5)	$500
s.43(1)	$100
Motor VehicleDealers (Sales) Regulations 1974
r. 14, relating to r. IOC(I)	$200
r. 14, relating to r. I0C(2)	$200
r. 14, relating to r. I013(1)	$200
r. 14, relating to r. I0E(1)	$200
r. 14, relating to r. I0H(1)	$200
r. 14, relating to r. 11(2)	$200

(a)	BY POSTING a cheque or money order made payable to the Commissioner Locked Bag 14 Cloisters Square Perth WA 6850.01
(b)	IN PERSON to the Cashier at the Department ofCommerce -Consumer Protection (street address to be inserted]:

Motor Vehicle Dealers Act 1973. s. 55A(7)	Withdrawal no.
Withdrawal of infringement notice

(I)	In regulation (l) delete The Fourth Schedule Column" and insert:
Schedule 4 column

(I)	A dealer's licence that is in lbrce uiuicdiately before the corrllEncement of the Commerce Regulations Amendment (Motor Vehicle Dealers and Repairers) Regulations 2021 regulation 10 continues to have effect, on and after that commencement; as if those regulations had not cone into operation.
(2)	Subregulat ion (I) ceases to operate in relation to a dealer's licence on the day on which -

(a)	the licence expires; or
(b)	if the licence istoberenewed — the licence would have expired.

Cate	uory of lice nce	Description of business
.
vehicles. Buying any vehicles for the purpose of dismantling them and selling off the parts.
Buying, selling and auctioning sale or purchase of any vehicles on behalf of members of the public.

Column 1	Column
Category oflicence	Description of business
D	Hiring out vehicles, buying vehicles for hiring out, and selling and auctioning any vehicles that have been hired out by the dealer.
Any combination of A, B, C and D,	The businesses the subject of the
as nominated by the dealer.	nominated categories.

es	D	(S	ti	rs	:	26
le	rs	ac	:.•	<
W	pe
ic	le	ns	,.-	o
eh	ea	y
ra	an
V
r	D	t
of	by
A'	E
to	le	..,	,..	2
o	ic	r	d
eh	te	an	Q
M	is	-c,
V	eg	m
or	de
ot	r	i
rs	n
o	ti
M	le	_v
ea	ed	ea
uc	M

(1)	In Schedule 1 Form 5 before the heading "rrEms NOT
COVERED BY THE STATUTORY WARRANTY" insert:

(I)	In Schedule I Form 6 delete the heading "WARRANTIES IMPLIED
UNDER FAIR TRADING AND TRADE PRACTICES LAWS" and insert:
WARRANTIES UNDER FAIR TRADING AND COMPETITION AND
CONSUMER1LAWS
(2)	In Schedule I Form 6 delete "Trade Practices Act 1974 (Cwlth)" and insert:
Competition and Consumer Act 2010 (Cwlth)
(3)	In Schedule I Form 6 before the heading "vEHIcLEs BOUGHT AT
AUCTION" insert:

(b)	under the heading "9. WARRANTY CLAIMS" delete
"Trade Practices Act 1974." and insert: Competition and Consumer Act 2010 (Cwlth).
(c)	under the heading "10. OWNERSHIP AND
ENCUMBRANCES" delete "Register of Encumbered Vehicles" and insert:

(I)	In regulation 3(1) delete the definitions of
cylinder head reconditioning work diesel fitting work

(c)	to fabricate, service, repair or modify the exhaust system of a heavy vehicle or light vehicle propelled by a diesel engine;
*driveline and transmission* work means any work
required to do any of the following -
(a)	to service, repair, overhaul or modify a driveline that is, was, or may be, fitted to a motor vehicle;
(b)	to service, repair, overhaul or modify any of the following that is, was, or may be, fitted to a heavy vehicle or light vehicle -

(a)	to repair or replace a rim, tyre or tube;
(b)	to balance a wheel;

Item	('lass otrc pair %ork
1.	Air conditioning work
2.	Body building work
3.	Brake work
4.	Cooling system work
5.	Diesel work
6.	Driveline and transmission work
7.	Electrical accessory fitting work
8.	Electrical work
9.	Engine reconditioning work
to.	Glazing work
it.	Heavy vehicle servicing work
12.	Heavy vehicle work
13.	Light vehicle servicing work
14.	Light vehicle work
15.	Locksmith work
16.	Mechanical accessory fitting work
17.	Motor cycle servicing work
18.	Motor cycle work

19.	Painting work
20.	Panel beating work
21.	Trimming work
22.	Tyre fitting work
23.	Underb)dy work

16A.	Section 109(2)(a)	$500	$1000
16B.	Section 109(3)(a) or (b)	-	$1 000

(I)	are listed in the Table to regulation 5 ininicdiately before the comnEncement; and
(n)	are no longer listed in that Table on the comnncenient.

(a)	imodtely before the coniliencement, the individual has obtained the prescribed qualification, or has another qualification or experience (the other qualification), that nkes the individual sufficiently qualified for the purposes of section 42(2) of the Act to be granted a repairer's certificate but has not yet applied for it; and
(b)	the prescribed qualification or the other qualification relates to I or more classes of repair work that -