Fair Trading (Motor Vehicle Repair Industry) Act 2010 (ACT)

Fair Trading (Motor Vehicle Repair Industry) Act 2010   

A2010-16

Republication No 14

Effective:  26 November 2025

Republication date: 26 November 2025

Last amendment made by A2025‑13

About this republication

The republished law

This is a republication of the Fair Trading (Motor Vehicle Repair Industry) Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Fair Trading (Motor Vehicle Repair Industry) Act 2010

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 3

Part 2      Important concepts

7           Certain people not taken to carry on business as motor vehicle repairer     4

Part 7      Offences

49          False or misleading representations  5

Part 9      Miscellaneous

53          Exemptions by regulation  7

57          Regulation-making power  7

Dictionary8

Endnotes

1            About the endnotes  10

2            Abbreviation key  10

3            Legislation history  11

4            Amendment history  13

5            Earlier republications  18

6            Expired transitional or validating provisions  19

Fair Trading (Motor Vehicle Repair Industry) Act 2010

An Act to provide for the licensing and regulation of people in the motor vehicle repair industry, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Fair Trading (Motor Vehicle Repair Industry) Act 2010.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘motor vehicle—see the Sale of Motor Vehicles Act 1977, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Important concepts

1. Certain people not taken to carry on business as motor vehicle repairer

   For this Act, a person does not carry on business as a motor vehicle repairer only because the person—

   (a)performs motor vehicle repair work in the course of employment by another person; or

   (b)is a member of a partnership that carries on the business; or

   (c)publishes, on behalf of another person, an advertisement about—

   (i)a business carried on, or to be carried on, by the other person; or

   (ii)a service provided, or to be provided, by the other person.

Part 7Offences

NoteFor investigations by the commissioner—see the Fair Trading (Australian Consumer Law) Act 1992, div 5.2.

1. False or misleading representations

   (1)A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services in relation to motor vehicle repair work or in connection with the promotion by any means of the supply or use of goods or services in relation to motor vehicle repair work—

   (a)falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; or

   (b)falsely represent that services are of a particular standard, quality, value or grade; or

   (c)falsely represent that goods are new; or

   (d)falsely represent that a particular person has agreed to acquire goods or services; or

   (e)represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have; or

   (f)represent that the person has a sponsorship, approval or affiliation they do not have; or

   (g)make a false or misleading representation in relation to the price of goods or services; or

   (h)make a false or misleading representation about the availability of facilities for the repair of goods or of spare parts for goods; or

   (i)make a false or misleading representation about the place of origin of goods; or

   (j)make a false or misleading representation about the need for any goods or services; or

   (k)make a false or misleading representation about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy; or

   (l)make a false or misleading representation that services have been or are to be performed with the equipment, materials and skill necessary to carry out the work satisfactorily, having regard to the age and make of the vehicle, part or system.

   (2)A person does not contravene subsection (1) (i) if the person makes a representation about the country of origin of goods and the person complies with the Australian Consumer Law (ACT), part 5‑3 (Country of origin representations).

   (3)A person commits an offence if the person contravenes subsection (1).

   Maximum penalty:  200 penalty units.

   (4)In this section:

   goods—see the Australian Consumer Law (ACT), section 2 (1).

   price—see the Australian Consumer Law (ACT), section 2 (1).

   services—see the Australian Consumer Law (ACT), section 2 (1).

   supply—see the Australian Consumer Law (ACT), section 2 (1).

   trade or commerce—see the Australian Consumer Law (ACT), section 2 (1).

Part 9Miscellaneous

1. Exemptions by regulation

   A regulation may exempt a person from all or any of the provisions of this Act.

2. Regulation-making power

   The Executive may make regulations for this Act.

   Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 3)

NoteThe Legislation Act contains definitions relevant to this Act. For example:

·     Australian Consumer Law (ACT)

·     penalty unit (see s 133)

·     person (see s 160).

commissioner means the commissioner for fair trading.

motor vehicle—see the Sale of Motor Vehicles Act 1977, dictionary.

motor vehicle repair work—

(a)means—

(i)any of the following work performed on a motor vehicle, motor vehicle part or motor vehicle system:

(A)examining or assessing condition or performance improvement;

(B)diagnosing and detecting of faults;

(C)overhauling;

(D)dismantling and assembling;

(E)servicing and maintenance;

(F)replacing and adjusting of objects for performance improvement;

(G)painting and treatment;

(H)modifying, altering, installing or fitting work; and

(ii)giving advice on any of the work mentioned in subparagraph (i); and

(iii)any other work prescribed by regulation to be motor vehicle repair work; but

(b)does not include any work prescribed by regulation not to be motor vehicle repair work.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Fair Trading (Motor Vehicle Repair Industry) Act 2010 A2010-16

   notified LR 7 April 2010
   s 1, s 2 commenced 7 April 2010 (LA s 75 (1))
   remainder commenced 7 October 2010 (s 2 and LA s 79)

   as amended by

   Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.8

   notified LR 16 December 2010
   s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
   sch 3 pt 3.8 commenced 1 January 2011 (s 2 (1))

   Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.19

   notified LR 22 February 2011
   s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

   sch 3 pt 3.19 commenced 1 March 2011 (s 2)

   Justice and Community Safety Legislation Amendment Act 2011 (No 3) A2011-49 sch 1 pt 1.4

   notified LR 22 November 2011
   s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

   sch 1 pt 1.4 commenced 12 December 2011 (s 2 (2) (a) and see Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)

   Justice and Community Safety Legislation (Red Tape Reduction No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 5

   notified LR 21 August 2013
   s 1, s 2 commenced 21 August 2013 (LA s 75 (1))

   pt 5 commenced 22 August 2013 (s 2)

   Red Tape Reduction Legislation Amendment Act 2014 A2014‑47 pt 3

   notified LR 6 November 2014
   s 1, s 2 commenced 6 November 2014 (LA s 75 (1))

   pt 3 commenced 7 November 2014 (s 2)

   Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015‑45 sch 1 pt 1.4

   notified LR 6 November 2015
   s 1, s 2 commenced 6 November 2015 (LA s 75 (1))

   sch 1 pt 1.4 commenced 7 November 2015 (s 2)

   Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.23, sch 4 pt 4.4

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))

   sch 3 pt 3.23, sch 4 pt 4.4 commenced 27 April 2016 (s 2)

   Traders (Licensing) Act 2016 A2016‑46 sch 2 pt 2.2

   notified LR 22 August 2016
   s 1, s 2 commenced 22 August 2016 (LA s 75 (1))

   sch 2 pt 2.2 commenced 22 August 2017 (s 2)

   Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.12

   notified LR 23 February 2017
   s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
   sch 3 pt 3.12 commenced 9 March 2017 (s 2)

   Justice and Community Safety Legislation Amendment Act 2025 (No 2) A2025-3 sch 1 pt 1.3

   notified LR 14 March 2025
   s 1, s 2 commenced 14 March 2025 (LA s 75 (1))
   sch 1 pt 1.3 commenced 21 March 2025 (s 2)

   Better Regulation Legislation Amendment Act 2025 A2025-13 pt 9

   notified LR 26 May 2025
   s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
   pt 9 commenced 26 November 2025 (s 2 (2) and LA s 79)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Dictionary

   s 3am A2010‑54 amdt 3.22; A2025‑13 s 21

   Carrying on business as motor vehicle repairer

   s 6om A2016-46 amdt 2.3

   Licences

   pt 3 hdgom A2016-46 amdt 2.4

   Requirement for licence

   div 3.1 hdgom A2016-46 amdt 2.4

   Person carrying on business as motor vehicle repairer to be licensed

   s 8om A2016-46 amdt 2.4

   Eligibility for licence

   div 3.2 hdgom A2016-46 amdt 2.4

   Eligibility for licence

   s 9om A2016-46 amdt 2.4

   Meaning of disqualified person

   s 10am A2010‑54 amdt 3.23

   om A2016-46 amdt 2.4

   Licence procedures and details

   div 3.3 hdgom A2016-46 amdt 2.4

   Application for motor vehicle repair licence

   s 11om A2016-46 amdt 2.4

   Decision on application

   s 12om A2016-46 amdt 2.4

   Licence conditions

   s 13om A2016-46 amdt 2.4

   Form of licence

   s 14om A2016-46 amdt 2.4

   Replacement licence

   s 15am A2016‑18 amdt 3.103, amdt 3.104

   om A2016-46 amdt 2.4

   Licence term

   s 16am A2013‑28 s 11

   om A2016-46 amdt 2.4

   Licence not transferable

   s 17om A2016-46 amdt 2.4

   Renewal of licence

   s 18om A2016-46 amdt 2.4

   Amendment of licence on commissioner’s initiative

   s 19om A2016-46 amdt 2.4

   Amendment of licence on application

   s 20om A2016-46 amdt 2.4

   Surrendering licence

   s 21am A2016‑18 amdt 3.105, amdt 3.106

   om A2016-46 amdt 2.4

   Licence conditions

   div 3.4 hdgom A2016-46 amdt 2.4

   Licence condition—equipment, materials and skill for carrying out work

   s 22om A2016-46 amdt 2.4

   Licence condition—agreement for repairs

   s 23om A2016-46 amdt 2.4

   Licence condition—additional repairs

   s 24om A2016-46 amdt 2.4

   Licence condition—time to carry out work

   s 25om A2016-46 amdt 2.4

   Licence condition—replaced parts

   s 26om A2016-46 amdt 2.4

   Licence condition—information sheet

   s 27om A2016-46 amdt 2.4

   Licence condition—warranties and guarantees

   s 28om A2016-46 amdt 2.4

   Licence condition—display of licence

   s 29om A2016‑18 amdt 4.5

   Licence condition—notification of change of name or address

   s 30om A2016-46 amdt 2.4

   Occupational discipline

   pt 4 hdgom A2016-46 amdt 2.4

   Meaning of licensee—pt 4

   s 31om A2016-46 amdt 2.4

   Grounds for disciplinary action

   s 32om A2016-46 amdt 2.4

   Application to ACAT for occupational discipline

   s 33om A2016-46 amdt 2.4

   Considerations before making occupational discipline orders

   s 34om A2016-46 amdt 2.4

   Information about cancellations etc to be given to corresponding authorities

   s 35am A2011‑3 amdt 3.206

   om A2016-46 amdt 2.4

   Effect of licence suspension

   s 36om A2016-46 amdt 2.4

   Licence register

   pt 5 hdgom A2016-46 amdt 2.4

   Licence register

   s 37om A2016-46 amdt 2.4

   Correcting register and keeping it up-to-date

   s 38om A2016-46 amdt 2.4

   Advisory committee

   pt 6 hdgom A2025‑13 s 22

   Establishment of advisory committee

   s 39om A2025‑13 s 22

   Advisory committee functions

   s 40am A2016-46 amdt 2.5, amdt 2.6

   om A2025‑13 s 22

   Advisory committee membership

   s 41om A2025‑13 s 22

   Advisory committee––chair

   s 42om A2025‑13 s 22

   Advisory committee—general procedure

   s 43om A2025‑13 s 22

   Reimbursement of expenses for advisory committee members

   s 44om A2025‑13 s 22

   Advisory committee to report on impact of Act etc

   s 45exp 7 October 2012 (s 45 (5))

   Unlicensed person advertising

   s 46om A2016-46 amdt 2.7

   Return of amended, suspended or cancelled licences

   s 48om A2016-46 amdt 2.7

   Offences

   pt 7 hdg note        am A2010‑54 amdt 3.24; A2025‑3 amdt 1.8

   Licensee advertising without details

   s 47om A2014‑47 s 6

   False or misleading representations

   s 49am A2010‑54 amdt 3.25, amdt 3.26; A2025‑3 amdt 1.9; A2025‑13 s 23

   Notification and review of decisions

   pt 8 hdgom A2016-46 amdt 2.8

   Meaning of reviewable decision—pt 8

   s 50om A2016-46 amdt 2.8

   Reviewable decision notices

   s 51om A2016-46 amdt 2.8

   Applications for review

   s 52om A2016-46 amdt 2.8

   Exemptions by Minister

   s 54om A2016-46 amdt 2.9

   Determination of fees

   s 55om A2016-46 amdt 2.9

   Approved forms

   s 56om A2025‑13 s 24

   Legislation repealed

   s 58om LA s 89 (3)

   Transitional

   pt 10 hdgexp 7 October 2011 (s 63)

   Definitions—pt 10

   s 59exp 7 October 2011 (s 63)

   def commencement day exp 7 October 2011 (s 63)

   defrepealed code exp 7 October 2011 (s 63)

   Principals under repealed code licensed

   s 60exp 7 October 2011 (s 63)

   Registration under repealed code

   s 61exp 7 October 2011 (s 63)

   Transitional regulations

   s 62exp 7 October 2011 (s 63)

   Expiry—pt 10

   s 63exp 7 October 2011 (s 63)

   Fair Trading (Consumer Affairs) Act 1973

   s 64om LA s 89 (3)

   Reviewable decisions

   sch 1om A2016-46 amdt 2.10

   Dictionary

   dictam A2010‑54 amdt 3.28; A2011‑49 amdt 1.8; A2017‑4 amdts 3.58-3.60; A2016-46 amdt 2.11; A2025‑13 s 25

   def advisory committee om A2025‑13 s 26

   def carries on business as a motor vehicle repairer om A2016-46 amdt 2.12

   def consumer sub A2010‑54 amdt 3.29

   om A2025‑13 s 26

   def corporation om A2016-46 amdt 2.12

   def disqualified person om A2016-46 amdt 2.12

   def ground for occupational discipline om A2016-46 amdt 2.12

   def licence om A2016-46 amdt 2.12

   def licence number om A2016-46 amdt 2.12

   def licensee om A2016-46 amdt 2.12

   def motor vehicle repair work sub A2016-46 amdt 2.13

   def police certificate am A2011‑49 amdt 1.9; A2015‑45 amdt 1.4; A2017‑4 amdt 3.61

   om A2016-46 amdt 2.14

   def register om A2016-46 amdt 2.14

   def representative members om A2025‑13 s 26

   def reviewable decision om R12 LA

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 7 Oct 2010	7 Oct 2010‑ 31 Dec 2010	not amended	new Act
R2 1 Jan 2011	1 Jan 2011– 28 Feb 2011	A2010‑54	amendments by A2010‑54
R3 1 Mar 2011	1 Mar 2011– 7 Oct 2011	A2011‑3	amendments by A2011‑3
R4 8 Oct 2011	8 Oct 2011– 11 Dec 2011	A2011‑3	expiry of transitional provision (pt 10)
R5 12 Dec 2011	12 Dec 2011– 7 Oct 2012	A2011‑49	amendments by A2011‑49
R6 8 Oct 2012	8 Oct 2012– 21 Aug 2013	A2011‑49	expiry of provision (s 45)
R7 22 Aug 2013	22 Aug 2013‑ 6 Nov 2014	A2013‑28	amendments by A2013‑28
R8 7 Nov 2014	7 Nov 2014‑ 6 Nov 2015	A2014‑47	amendments by A2014‑47
R9 7 Nov 2015	7 Nov 2015‑ 26 Apr 2016	A2015-45	amendments by A2015-45
R10 27 Apr 2016	27 Apr 2016‑ 8 Mar 2017	A2016-18	amendments by A2016-18
R11 9 Mar 2017	9 Mar 2017‑ 21 Aug 2017	A2017-4	amendments by A2017-4
R12 22 Aug 2017	22 Aug 2017– 20 Mar 2025	A2017-4	amendments by A2016-46
R13 21 Mar 2025	21 Mar 2025– 25 Nov 2025	A2025‑3	amendments by A2025‑3

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.