Motor Car Traders Act 1986 (Vic)

Version No. 085

Motor Car Traders Act 1986

No. 104 of 1986

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Nature of transactions

Part 2—Licences

Division 1—Trading in motor cars

7Motor car traders to be licensed

7ADeemed trading in motor cars

Division 2—Issue of licences

8Application for licence

9Refund of fee if application withdrawn

10Notice of changes to details in application

11Notice of application

11AConsent to disclosure of information

12Consideration of application

12AProvision of information for the purposes of this Act

13Grant or refusal of licence

13AMeaning of associate in section 13

14Conditions of licence

15Endorsement of licence

15A2 year ban on applying for licence after refusal of application

16Authority to sell motor cars at public auction

17Name under which licensed motor car trader may operate

18Form of licence

19Change in partnership

19AChange in directors of bodies corporate

20Licensee to give notice of certain changes

21Licences to be returned

22Register to be kept

23Annual licence fee and statement

24Extension of time

24AFailure to comply with section 23

25Display of licence

26Duplicate licence

27Surrender of licence

28Automatic cancellation of licence on bankruptcy etc.

29Automatic suspension of licence if Fund claim upheld

29APerson involved in Guarantee Fund claim may regain licence etc. in special circumstances

29BPerson with criminal record may be allowed limited right to hold licence etc.

29CPermission to continue to hold licence despite criminal act of partner or director

29DAuthority may impose conditions

Division 3—Disciplinary action

30Disciplinary action

30AAuthority may temporarily suspend insolvent etc. trader without hearing

31Determination of disciplinary measures by Tribunal

31AEffect of suspension

31BSuspended and cancelled licences must be returned

Division 4—Miscellaneous

32Application for review

33Disability etc. of licensee

34Prescribed sign

Part 3—Conduct of business

35Dealings book

35AProhibited employees

35BTransitional provision concerning existing employees

36Consignment selling prohibited

37Dealing with young persons

38Odometer tampering

39Other orders

40Findings in proceedings to be evidence

41Agreements for sale of used motor car

42Agreement for sale of new motor car

42AAll registered cars must be sold with a roadworthy certificate

43Cooling-off period

43ACredit Law excluded matter

44Offence

45Rescission

47Powers of Magistrates' Court and Tribunal

48Cancellation of security interest by motor car trader

49Notification of Director by credit provider

50Proceeds of sale or disposal to be held on trust

50AOffence to aid or abet an unlicensed trader

50BRight to sue providers of motor cars to unlicensed traders

Part 3A—Sale of motor cars by auction

50CDefinitions

50DDummy bidding prohibited

50EOffences by auctioneers relating to bidding

50FOffence to procure dummy bid

50GPermissible vendor bids

50HOffence to falsely acknowledge bid

50IContrary conditions are void

50JAuctioneer to keep records

Part 4—Sale of used motor cars

51Definitions

52Particulars to be displayed

54Obligations of motor car trader

55Excluded defects

56Special conditions to be void

Part 5—Motor Car Traders Claims Committee and Guarantee Fund

Division 1—Motor Car Traders Claims Committee

57Motor Car Traders Claims Committee

58Terms and conditions of appointment

59Allowances

60Resignation and termination

61Deputy Chairperson

62Secretary to the Committee

63Determination not invalid by reason of vacancy, etc.

66Constitution of Committee

67Determination of questions before the Committee

68Committee may require information from parties to a claim

69Director, police and public authorities to produce information to Committee

70Procedure of Committee

71Reasons for determination

72Secretary may take legal proceedings on behalf of Committee

73Protection for things done under this Part

Division 2—The Fund

74Motor Car Traders' Guarantee Fund

75Duties and powers of Treasurer

Division 3—Claims

76Determination of claims

77Admittance or refusal of claim

77ACommittee may postpone its determination

78No further claim in respect of same matter

79Application for review

80Subrogation where claims allowed

81Deferred payment

Part 5A—Enforcement provisions

Division 1—General

82Production of identity card

82ADocuments available for inspection

82AASpecified persons to produce documents and answer questions

82ABThird parties to produce documents and answer questions relating to trader's business

82ACMinisters, police, and public authorities to produce information to inspectors

82ADCertain other specified persons or bodies to produce information

82AEPowers on production of documents

82AFOrder requiring supply of information and answers to questions

82AGEntry or search with consent

82AHEntry without consent or warrant

82AISearch warrants

82AJAnnouncement before entry

82AKDetails of warrant to be given to occupier

82ALSeizure of things not mentioned in the warrant

82AMEmbargo notice

82ANCopies of seized documents

82AORetention and return of seized documents or things

82APMagistrates' Court may extend 3 month period

82AQRequirement to assist inspector during entry

82ARRefusal or failure to comply with requirement

82ASProtection against self-incrimination

82ATOffence to give false or misleading information

82ATAPowers of court if requirement to produce information not complied with

82AUApplication of provisions relating to inspections

82AVService of documents

82AWConfidentiality

82AXProduction of information to Authority

82AYRule against self-incrimination does not apply

82BVerification of details supplied to the Authority

82CExtended time for prosecutions

82CAWho may bring proceedings for offences?

Division 2—Infringement notices

82DPower to serve a notice

82EForm of notice

82HFurther proceedings concerning infringement notices

Division 3—Application of Fair Trading Act 1999

82IApplication of Australian Consumer Law and Fair Trading Act 2012

Part 6—Miscellaneous

83Failure to disclose

83ARetention of documents

83BOffence to destroy documents required by the Act

83CMotor car traders must supply copies of agreements etc.

83DComplaints concerning motor car trader are privileged

84Offence to place certain advertisements

84AFalse or misleading statements

84BProduction of records

85Corporations

85ASimplified procedure concerning proof that person traded in motor cars

86Service of notices

86AExtension of time

87Certificates

87AWaiver or refund of fees

88Contracting out prohibited

88AAgreement not illegal etc. by reason of offence

88BAgreement voidable if section 37, 38, 41 or 42 breached

89Other rights and remedies

89ADelegation by Director

90Regulations

Part 8—Transitional provisions and consequential amendments

120Subrogation

121Transitional—Motor Car Traders Amendment Act 2008

122Further transitional—Motor Car Traders Amendment Act 2008

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 085

Motor Car Traders Act 1986

No. 104 of 1986

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to provide for the regulation of motor car traders and to ensure that licensing is carried out efficiently and equitably and that the rights of those who deal with motor car traders are adequately protected.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

Chairperson means the Chairperson of the Committee and includes the Deputy Chairperson when exercising the powers and performing the functions of the Chairperson pursuant to section 61(5);

collateral credit agreement means an agreement—

(a)for the provision of finance for the purposes of the sale of a motor car; and

(b)that is arranged or procured by the vendor, or a motor car trader who acted on behalf of the vendor in the making of the sale;

commercial vehicle means—

(a)in relation to a motor car that was manufactured in, or imported into, Australia on or after 1 July 1988, a car—

(i)that is of a type that is classified as a goods carrying vehicle by the Department of Transport of the Commonwealth (or by any successor of that Department); and

(ii)that has a vehicle category code of MD, ME, NA, NB or NC (or any other code specified by the regulations for the purposes of this definition) stamped on its compliance plate (regardless of whether that code appears by itself or in combination with one or more numbers);

(b)in relation to a motor car that was manufactured in, or imported into, Australia before 1 July 1988, a car constructed or adapted solely or mainly for—

(i)the carriage of goods; or

(ii)the carriage of more than 10 passengers; or

(iii)industrial or agricultural use—

and includes a car with a carrying capacity of 1200 kg or more, but does not include a car of a type commonly called a panel van, a station wagon or a utility;

Committee means the Motor Car Traders Claims Committee established under section 57;

Consumer Act has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012;

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determination in relation to the Authority or the Committee includes order, direction, decision or declaration;

director, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

exempt vehicle means a vehicle of a kind for the time being declared by proclamation of the Governor in Council under subsection (2) to be an exempt vehicle for the purposes of this Act;

externally-administered body corporate has the same meaning as in the Corporations Act;

finance lease means a finance lease within the meaning of subsection (4);

financial institution means—

(a)an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or

(b)a body approved by the Governor in Council by order published in the Government Gazette;

financier means a person whose ordinary business is not that of buying selling or exchanging motor cars, but who carries on that business for one or more of the following purposes—

(a)selling motor cars on instalment terms;

(b)letting or hiring motor cars under hire-purchase agreements;

(c)taking or enforcing securities over motor cars;

(d)letting or hiring motor cars with or without granting any right to purchase them;

(e)disposing of motor cars acquired by the person in connection with any of the purposes referred to in paragraph (a), (b), (c) or (d);

Fundmeans the Motor Car Traders' Guarantee Fund established under section 74;

hire-purchase agreement in relation to a motor car, includes a letting of the motor car with an option to purchase and an agreement for the purchase of a motor car by instalments (whether the agreement describes the instalments as rent or hire or otherwise), but does not include an agreement under which the property in the motor car passes at the time of the agreement or at any time before delivery of the motor car;

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inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

licencemeans a motor car trader's licence;

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licensed motor car trader or licensee means a person holding a licence under this Act;

manufacturer means a person who carries on the business of manufacturing or assembling motor cars;

motor car means a motor vehicle within the meaning of the Road Safety Act 1986 (whether or not in working condition or complete) but does not include—

(a)an engine constructed for use as a motor tractor; or

(b)a motor vehicle so constructed that its engine is used to drive or operate an agricultural implement forming an integral part of the motor vehicle; or

(c)an exempt vehicle; or

(d)a vehicle that is not, and is not intended to be, used on a highway;

motor car trader means a person who otherwise than in the capacity of an employee carries on the business (whether or not that person carries on any other business) of trading in motor cars or holds out in any way as carrying on the business of trading in motor cars;

occupier in relation to a premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises;

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owner(except in the definition of security interest) in relation to a motor car, includes any person who is the sole owner joint owner or part owner thereof and any person who has the possession and use thereof under or subject to a hire-purchase agreement or a goods mortgage or like instrument, but does not include any person in whom the property in the motor car or any absolute or conditional right or licence to take possession of the motor car is vested under or subject to a hire-purchase agreement or a goods mortgage or like instrument but who has not for the time being the possession and use thereof;

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed means prescribed by this Act or the regulations;

public auction means an auction at which people other than licensed motor car traders may attend and bid;

recordincludes any book, account, document, paper or other source of information compiled, recorded, stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means;

Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

related company, in relation to a body corporate, means a body corporate that is a related body corporate (within the meaning of the Corporations Act) of that body corporate;

security interest in relation to a motor car means an interest in or a power over the motor car (whether arising by or pursuant to an instrument or transaction) which secures payment of a debt or other pecuniary obligation or the performance of any other obligation and includes any interest in or power over goods of a lessor, owner or other supplier of goods, but does not include a possessory lien or a pledge;

serious offence means an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment for 3 months or more;

special trader means a financier or manufacturer or a related company of a financier or manufacturer being a body corporate;

spouse of a person means a person to whom the person is married;

trading in motor cars means buying selling or exchanging motor cars, whether as principal or agent, and offering to buy sell or exchange motor cars, whether as principal or agent, and includes an advertisement or invitation to treat but does not include an exempt transaction under subsection (3);

this Act includes the regulations;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

used motor car includes a motor car that has, at any time before being offered or displayed for sale, been registered under the Road Safety Act 1986 or the Motor Car Act 1958 or under any Act or law of a place outside Victoria which contains provisions corresponding to the provisions of the Road Safety Act 1986 for registration of motor cars.

(2)The Governor in Council may by proclamation published in the Government Gazette declare any kind of motor car to be an exempt vehicle for the purposes of this Act.

(3)For the purposes of the definition of trading in motor cars the following are exempt transactions—

(a)buying, selling or exchanging motor cars or offering to buy sell or exchange motor cars by any person from to or with—

(i)licensed motor car traders;

(ii)special traders; or

(iii)employees of the person or, where the person is a body corporate, of a related company of the person; or

(b)selling or offering to sell by a financier by public auction or public tender motor cars—

(i)that are returned to the financier by persons (not being motor car traders) who have entered into any contracts or agreements with the financier relating to them; or

(ii)of which the financier has taken possession in the exercise of any rights conferred by contracts or agreements made between the financier and the persons (not being motor car traders) formerly in possession of them; or

(c)selling or offering to sell motor cars by a financier by private treaty to purchasers introduced to the financier by persons from whom the motor cars have been repossessed; or

(d)selling or offering to sell motor cars by any person to persons to whom the motor cars have been let or hired by the person for a continuous period of at least three months immediately before the sale or offer to sell in each case; or

(e)buying or selling or offering to buy or sell at a public auction motor cars—

(i)whose last owner or user was a government department or a public statutory authority; or

(ii)owned by a company (not being a licensed motor car trader) which has been wound up, where the sale or offer to sell is effected by a liquidator pursuant to a power conferred on her or him by the Corporations Act or by an Order of the Supreme Court of Victoria.

(4)For the purposes of this Act, a reference to a finance lease is a reference to a contract for the hiring of a motor car where, before the contract is made, the owner acts in such a manner that the hirer ought reasonably to infer that the owner is willing, whether during or within a reasonable time after the period during which the contract is in force, to sell the motor car to the hirer.

(5)A reference to a person who is disqualified from holding a licence includes a reference to a person who is disqualified from holding a licence to act, or from acting, as a motor car trader in any State or Territory (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction).

(6)A reference to a conviction for an offence includes a reference to—

(a)a finding of guilt in relation to the offence; and

(b)a conviction or finding of guilt in Australia or elsewhere.

(7)A reference to a date, code or other marking on a compliance plate, metal plate or metal component only refers to a date, code or marking stamped, engraved or otherwise placed on the plate or component in accordance with a law of the Commonwealth or of a State or Territory.

(8)A reference to a claim being admitted against the Fund includes a reference to a claim being admitted against the Motor Car Traders' Guarantee Fund established under the Motor Car Traders Act 1973.

(9)A reference to a person includes a reference to a partnership, unless a contrary intention appears.

(10)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

4Nature of transactions

(1)For the purposes of this Act, if a motor car is made the subject of a hire-purchase agreement or finance lease it is deemed to be sold to the hirer.

(2)For the purposes of this Act if a motor car trader sells or leases a motor car to a financier, (whether as principal or agent) in the expectation that the financier will sell or lease the motor car to a particular third person and the motor car is sold or leased to that third person, the motor car trader is deemed to have sold or leased the motor car to that third person.

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PART 2—LICENCES

Division 1—Trading in motor cars

7Motor car traders to be licensed

(1)Subject to this Act, a person must not carry on a business of trading in motor cars unless that person is the holder of a motor car trader's licence.

Penalty:100 penalty units for each motor car bought, sold or exchanged or offered to be bought, sold or exchanged in contravention of this subsection.

(2)If a person is convicted of an offence against subsection (1), the court may, in addition to or substitution for any penalty it may impose, order the person to pay a fine equal to 15 per centum of the sale price of each motor car with respect to which the offence was committed.

7ADeemed trading in motor cars

(1)A person who buys, sells or exchanges, or offers to buy, sell or exchange, 4 or more motor cars in any period of 12 months (whether as a principal or as an agent) is deemed to be a motor car trader carrying on a business of trading in motor cars.

(2)Subsection (1) does not apply if the person can prove that she, he or it did not, in that period, carry on the business of trading in motor cars and did not hold herself, himself or itself out as carrying on the business of trading in motor cars.

(3)In counting the number of motor cars bought, sold or exchanged by a person, any purchase, sale or exchange—

(a)that is an exempt transaction for the purposes of the definition of trading in motor cars is not to be counted;

(b)that is from, to or with a licensed motor car trader is not to be counted.

(4)In counting the number of motor cars offered for purchase, sale or exchange by a person, any offer—

(a)that would result in an exempt transaction for the purposes of the definition of trading in motor cars if it was to be accepted is not to be counted;

(b)that is made to a licensed motor car trader is not to be counted.

(5)In this section an offer to sell includes an invitation to treat and the publishing (or authorising the publication) of an advertisement (including by means of broadcast or electronic communication).

(6)A person who buys, sells or exchanges less than 4 motor cars in any period of 12 months may still be a motor car trader carrying on a business of trading in motor cars, and nothing in this section is intended to interfere with that possibility.

Division 2—Issue of licences

8Application for licence

(1)An application for a licence may be made to the Authority by—

(a)a person of or over the age of 18 years;

(b)a partnership; or

(c)a body corporate.

(2)The application must be in the form approved by the Authority and must be signed—

(a)if the application is made by a natural person—by that person; or

(b)if the application is made by a partnership—by one of the partners who has the authority of the other partners to sign on behalf of those partners; or

(c)if the application is made by a body corporate—by a director of the body corporate who has the authority of the other directors to sign on behalf of the body corporate.

(3)An application must be accompanied by the prescribed fee for the application and may be accompanied by the first annual fee for the licence.

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(5)An application must specify—

(a)the name and address—

(i)if the application is made by a natural person—of that person; or

(ii)if the application is made by a partnership—of each partner; or

(iii)if the application is made by a body corporate—of each director of the body corporate; and

(b)if the application is made by a body corporate—the date and place of incorporation of the body corporate, its corporate name and address of its registered office; and

(c)the date upon which the applicant intends to commence trading in motor cars; and

(d)the address of the place that, if a licence were granted pursuant to the application, would be the principal place of business of the licensee and the address of each other place at which the licensee proposes to carry on business; and

(e)whether any previous applications for a licence had been made or whether the applicant has been a licensed motor car trader or been employed by a motor car trader; and

(f)the type of trade in motor cars which the applicant proposes to conduct and the financial resources of the applicant to conduct that type of business; and

(g)such other matters as may be prescribed.

9Refund of fee if application withdrawn

Where an application is withdrawn before the Authority commences consideration of the application or an application is refused, the Authority must refund the licence fee that accompanied the application.

10Notice of changes to details in application

If, before a decision is made under section 13 to grant or refuse a licence, a material change occurs in any of the details provided in the application for the licence, the applicant must give the Authority written details of the change as soon as practicable after the applicant becomes aware of the change.

Penalty:25 penalty units.

11Notice of application

(1)Where an application for a licence is made in accordance with section 8, the Authority must, except in the prescribed circumstances, give any details of the application that the Authority considers relevant to the Director and the Chief Commissioner of Police.

(2)The Director and the Chief Commissioner of Police, upon receiving details of the application, must make such inquiries in relation to the application as the Director or the Chief Commissioner of Police considers appropriate.

(3)The Director and the Chief Commissioner of Police, after receiving the results of the inquiries, must report to the Authority.

(4)A report may include recommendations.

11AConsent to disclosure of information

(1)The Authority may require a licensee or an applicant for a motor car trader's licence to provide the Authority, at the time of submitting the application or at any time during the currency of the licence, with any consent required by another person or body to enable the Authority to check or confirm information relevant to the licence or application.

(2)Without limiting subsection (1), consent includes—

(a)the consent of the licensee or the applicant; and

(b)the consent of another person other than the licensee or the applicant; and

(c)if the licensee or applicant is a corporation, the consent of a director of the corporation or a member of the corporation.

(3)The Authority may refuse to consider an application for a licence if the applicant does not provide the Authority with the required consent within 14 days after the requirement is made.

12Consideration of application

(1)In considering an application for a licence, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body or source as it thinks fit.

(2)The Authority may engage or appoint any person or body to assist it in considering an application.

(3)The Authority may refuse to grant a licence to an applicant if the applicant does not provide the further information required within a reasonable time of the requirement being made.

12AProvision of information for the purposes of this Act

Despite anything to the contrary in section 18 of the Business Licensing Authority Act 1998, for the purposes of determining compliance with this Act and for carrying out the functions of the Authority or the Director under this Act—

(a)the Authority may disclose to the Committee, any information collected in the course of carrying out the Authority's functions under this Act; and

(b)the Director may disclose to the Authority and the Committee, any information collected in the course of carrying out the Director's functions under this Act; and

(c)the Committee must disclose to the Authority the details of any successful claim made on the Fund in relation to a motor car trader; and

(d)the Committee may disclose to the Authority and the Director, any information collected by the Committee in the course of carrying out the Committee's functions under this Act in relation to the Fund.

13Grant or refusal of licence

(1)The Authority must grant a licence to an applicant if it is satisfied that—

(a)the application complies with this Act; and

(b)the prescribed fee for the application has been paid; and

(c)any required information has been provided by the applicant under section 12; and

(d)there are no grounds for refusal of the application under subsection (4) or (6).

(2)The Authority must refuse an application for a licence if it is satisfied that—

(a)the application does not comply with this Act; or

(b)the prescribed fee for the application has not been paid; or

(c)any required information has not been provided by the applicant under section 12; or

(d)a ground for refusal of the application exists under subsection (4) or (6).

(3)The Authority is not required to conduct an oral hearing to determine whether to grant a licence or refuse an application for a licence.

(4)An application for a licence made by a natural person must be refused if it appears to the Authority—

(a)the applicant has not attained the age of 18 years; or

(b)the applicant is disqualified from holding a licence under this Act or an Act providing for the licensing of motor car traders in any other State or in a Territory; or

(c)the applicant is an insolvent under administration; or

(d)the applicant does not have, or is not likely to continue to have, sufficient financial resources to carry on the business of trading in motor cars proposed by the applicant; or

(e)the applicant is not a person likely to carry on such a business honestly and fairly; or

(f)the applicant does not have sufficient expertise or knowledge of this Act and regulations to enable the applicant to carry on such a business; or

(g)the applicant is in any other way not a fit and proper person to be a licensee; or

(h)the applicant does not have, or is not likely to have, premises in which the applicant can lawfully carry on such a business;

(i)the applicant is not likely to maintain effective control of such a business; or

(j)the applicant is a director or officer of a corporation that is disqualified from holding a licence or was a director or officer of such a corporation when the corporation was disqualified; or

(k)the applicant is a represented person within the meaning of the Guardianship and Administration Act 2019; or

(l)the applicant has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) within the last 10 years (unless the applicant has obtained permission under section 29B); or

(m)the applicant has had a claim admitted against the Fund (unless the applicant has obtained permission under section 29A); or

(n)the applicant is or was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate (unless the applicant has obtained permission under section 29A).

(5)Without affecting the generality of subsection (4)(g) or (6)(f), the Authority may, in determining whether an applicant is not a fit and proper person to be a licensee, have regard (if such be the case) to the fact that the applicant—

(a)is an associate (within the meaning of section 13A) of a person—

(i)who has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded); or

(ii)who has had a claim admitted against the Fund; or

(iii)who the Authority is satisfied would not be a fit and proper person to be a licensee if the person were to apply for a licence personally; or

(b)is an associate (within the meaning of section 13A) of a body corporate that has as a director or secretary a person—

(i)who has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded); or

(ii)who has had a claim admitted against the Fund; or

(iii)who the Authority is satisfied would not be a fit and proper person to be a licensee if the director or secretary were to apply for a licence personally; or

(c)was, at the time of the making of the determination, the subject of a charge pending in relation to a serious offence.

(6)An application for a licence made by a partnership or a body corporate must be refused if it appears to the Authority that—

(a)a person concerned in the management of the partnership or body corporate has not attained the age of 18 years; or

(b)the partnership or body corporate is disqualified from holding a licence under this Act or an Act providing for the licensing of motor car traders in any other State or in a Territory; or

(ba)in the case of a body corporate, the applicant is an externally-administered body corporate; or

(bb)in the case of a partnership, any of the partners is an insolvent under administration; or

(c)the partnership or body corporate does not have, or is not likely to continue to have, sufficient financial resources to enable it to carry on the business of trading in motor cars proposed by the partnership or body corporate; or

(d)the partnership or body corporate is not likely to carry on such a business honestly and fairly; or

(e)the partners or officers of the partnership or body corporate are such that it would not have sufficient expertise or knowledge of this Act and regulations to enable it to carry on such a business; or

(f)the reputation of the partnership or body corporate is such that it would not be a fit and proper person to be a licensee; or

(g)in the case of a body corporate, an officer of the body corporate is disqualified from being an officer of a body corporate that is a licensee; or

(h)a partner or director of, or a person concerned in the management of, the partnership or body corporate is not of good reputation or character or in any other way would not be a fit and proper person to be a licensee if the partner, director or person were to apply for the licence personally; or

(i)in the case of a body corporate, any person (other than an officer of the body corporate) who, in the opinion of the Authority, appears to have control, or substantial control, of the body corporate is not of good reputation and character or is not likely to exercise that control honestly and fairly; or

(j)the partnership or body corporate does not have, or is not likely to have, premises in which it can lawfully carry on such a business;

(k)the partnership or body corporate is not likely to maintain effective control of such a business;

(l)a partner or director of, or a person concerned in the management of, the partnership or body corporate—

(i)is a represented person within the meaning of the Guardianship and Administration Act 2019; or

(ii)has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless she, he or it has obtained permission under section 29B); or

(iii)has had a claim admitted against the Fund (unless she, he or it has obtained permission under section 29A); or

(iiia)is or was a partner or director of, or a person concerned in the management of, another partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate (unless the person has obtained permission under section 29A); or

(iv)is disqualified from holding a licence; or

(m)the body corporate has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless it has obtained permission under section 29B);

(n)the partnership or body corporate has had a claim admitted against the Fund (unless it has obtained permission under section 29A).

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(9)If the Authority refuses an application for a licence, the Authority must—

(a)notify the applicant in writing of the refusal within 14 days after the refusal; and

(b)if the application was accompanied by the first annual fee for the licence, refund the fee to the applicant, as soon as practicable.

(9A)The notice of refusal must specify the ground under this section for refusal of the application.

(10)If the Authority grants a licence—

(a)the Authority must notify the applicant in writing of that decision as soon as practicable; and

(b)the Registrar must not issue the licence under section 18 unless the prescribed annual fee for each place where the applicant carries on or proposes to carry on business is, or has been, paid to the Authority.

(11)Subject to this Act, a licence issued under section 18 authorises the motor car trader to whom it has been granted to be, and to act, as a motor car trader until the licence is surrendered, suspended or cancelled.

13AMeaning of associate in section 13

(1)For the purposes of section 13(5), a natural person is an associate of another person if she or he—

(a)is the spouse or domestic partner of that other person; or

(b)is a business partner of that other person or has entered into a business arrangement or relationship with that other person.

(2)For the purposes of section 13(5), a natural person is an associate of a body corporate if she or he—

(a)is a director or secretary of the body corporate or a spouse or domestic partner of such a director or secretary; or

(b)holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in her or his own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over, or with respect to, the management or operation of that business; or

(c)holds or will hold any relevant position (whether in her or his own right or on behalf of any other person) in the business of the body corporate.

(3)For the purposes of section 13(5), a body corporate is an associate of a person if it—

(a)is a business partner of that other person; or

(b)holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in its own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over, or with respect to, the management or operation of that business.

(4)In this section—

relevant financial interest, in relation to a business, means—

(a)any share in the capital of the business; or

(b)any entitlement to receive any income derived from the business; or

(c)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, secretary or other executive position, 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—

(a)to participate in any directorial, managerial or executive decision in the business; or

(b)to elect or appoint any person to any relevant position in the business.

14Conditions of licence

(1)The Authority may—

(a)impose conditions that must be complied with before it grants a licence; and

(b)on granting a licence, and at any other time, impose conditions or restrictions on a licence; and

(c)at any time on the application of any person, or of its own motion, vary or revoke any of those conditions or restrictions.

(2)A licensee must comply with the conditions or restrictions of a licence.

Penalty:100 penalty units.

(2A)Without limiting the generality of subsection (1), the Authority may impose conditions or vary or revoke conditions under this section at the request of the Committee.

(3)Without limiting the generality of subsection (1), the Authority may require as a condition that the person who holds, or is to hold, the licence must provide the Authority or the Committee with a guarantee or an indemnity in a form, and secured in a manner, specified by the Authority.

15Endorsement of licence

(1)If under section 14, 29D or 31, a condition or restriction is imposed on a licensee or varied or revoked, the Authority may require the licensee to produce the licence for endorsement of or variation or revocation of the condition or restriction.

(2)A licensee must comply with the requirement under subsection (1).

Penalty:10 penalty units.

15A2 year ban on applying for licence after refusal of application

(1)If a person's application for a licence is refused by the Authority, the person is not entitled to lodge another application for a licence within 2 years after the refusal.

(2)If the Authority is satisfied that there are special circumstances in a particular case, it may permit a person to lodge an application within 2 years after the refusal.

16Authority to sell motor cars at public auction

(1)A licensed motor car trader may apply to the Authority for an endorsement to the licence authorizing the holder to conduct sales of motor cars at public auction.

(2)If an application is made under subsection (1), the Authority must give a copy of the application to the Director.

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(4)The Authority may grant or refuse the application.

(5)If the Authority refuses an application, the Authority must, within 14 days after the refusal, notify the applicant in writing of the refusal.

(6)If the Authority grants an application, the Authority may on its own initiative or on the recommendation of the Director or the Chief Commissioner of Police—

(a)impose conditions or restrictions on the authority of the holder to conduct sales of motor cars by public auction; and

(b)vary or revoke any such conditions or restrictions.

(7)If an application is granted or an authority cancelled under this section, the Registrar must do all things necessary to give effect to the grant of the application or the cancellation of the authority.

(8)The Authority may, at any time, by notice in writing given to a licensed motor car trader, cancel an endorsement of the licence made under this section.

(9)A motor car trader must not—

(a)conduct a sale of a motor car at public auction if the motor car trader is not the holder of a motor car trader's licence authorizing the holder to conduct sales of motor cars at public auction; or

(b)fail to comply with any condition or restriction to which the motor car trader's authority to conduct sales of motor cars at public auction is subject.

Penalty:50 penalty units.

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17Name under which licensed motor car trader may operate

(1)Subject to the Business Names Registration Act 2011 of the Commonwealth, the Authority may authorize the licensee to carry on business as a motor car trader under a name or names in addition to or in substitution for the name of the licensee.

(2)A person must not carry on business as a motor car trader or hold himself or herself out as a motor car trader under a name other than the name of the licensee or a name under which the licensee is authorized so to do in accordance with subsection (1).

Penalty:50 penalty units.

(3)The Authority may at any time vary or revoke an authorisation given under subsection (1).

18Form of licence

(1)A licence granted under section 13—

(a)must be in a form approved by the Authority; and

(b)must be issued and signed by the Registrar; and

(c)if the Authority authorizes the licensee to carry on business under a name or names in addition to, or in substitution for, the name of the licensee—must bear an endorsement to that effect.

(2)If the Authority adds to or varies or revokes an authorisation under section 17 the Authority must require the licensee to produce the licence to the Registrar for the addition of an endorsement or the amendment or revocation of an endorsement on the licence referred to in subsection (1)(c).

(3)A licensee must comply with the requirement under subsection (2).

Penalty:10 penalty units.

19Change in partnership

(1)If a licence is granted to a partnership and there is a change in the partnership—

(a)where there is a new partnership—

(i)the partnership must not continue to carry on business as a motor car trader unless it has applied for a new licence; and

(ii)if the partnership applies for a licence, it may carry on business as a motor car trader until the application is granted or refused as if the partnership were the holder of a licence; and

(b)where there is not a new partnership—

(i)a former member of the partnership must not carry on business as a motor car trader unless he or she applies for a new licence; and

(ii)if he or she applies for a licence, he or she may carry on business as a motor car trader until the application is granted or refused as if he or she were the holder of a licence.

(2)The Authority may not refuse an application for a licence made by a partnership to which subsection (1) applies by reason only that a partner, or a person concerned in the management of, the partnership is not of good reputation or character or in any other way would not be a fit and proper person to be a licensee if the partner or person were to apply for the licence personally unless that partner or person was not a member of the former partnership.

19AChange in directors of bodies corporate

If a licence is granted to a body corporate and at any time—

(a)in the case of a proprietary company there are less than the minimum number of directors required under the Corporations Act in relation to proprietary companies of that class; or

(b)in the case of a public company there are less than three directors—

the body corporate must, within 14 days, cease trading as a motor car trader.

Penalty:50 penalty units.

20Licensee to give notice of certain changes

(1)If—

(a)a person ceases to be or is appointed as a director of a body corporate that is a licensee; or

(b)a licensee ceases or commences to carry on business at a place; or

(c)any other change that is a prescribed change occurs in relation to a licensee—

the licensee must give notice in writing to the Authority within 14 days after the change occurs together with particulars of the change.

Penalty:5 penalty units.

(2)If a licence is granted to a partnership and there is a change in the partnership, the partnership and each person who was a member of the partnership immediately before the change must give notice in writing of the dissolution of the partnership to the Authority within 14 days after the change occurs.

(3)A former member of a partnership need not comply with subsection (2) if she or he knows the partnership or another former member has already given written notice of the change to the Authority.

21Licences to be returned

If a licensee—

(a)ceases to carry on business at a place; or

(b)ceases to carry on a business of trading in motor cars; or

(c)is required by section 19A to cease trading as a motor car trader; or

(d)commences to carry on business at a place—

the licensee must, within 14 days, return the form of licence to the Authority for endorsement or cancellation, as the case may be.

Penalty:10 penalty units.

22Register to be kept

(1)The Registrar must keep a register of licensed motor car traders open for public inspection in the form determined by the Registrar.

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(3)A person, on application in accordance with the regulations (if any) and on payment of the prescribed fee (if any)—

(a)may inspect the Register of Motor Car Traders; and

(b)may make a copy of, or take extracts from, the register.

(4)The purposes of the register are—

(a)to enable members of the public to have access to information about licensees; and

(b)to record the name of any person, partnership or body corporate declared ineligible to be a licensee or director of, partner of or person concerned in the management of a motor car trader or any person declared ineligible to be employed in a customer service capacity by a motor car trader.

(5)The register must include details of the following in relation to each licensed motor car trader—

(a)licence number issued by the Authority;

(b)name of licensee;

(c)date licence granted;

(d)date licence surrendered, cancelled or suspended;

(e)licence conditions;

(f)details of any Tribunal or court orders concerning the licensee affecting the licence and of which the Registrar has notice;

(g)details of any claims allowed by the Fund (or any like fund established under a previous enactment) in relation to a licensee and of which the Registrar has notice;

(h)business names under which a licensee is authorised to operate, including the date of commencement and cessation of operating under those names;

(i)business addresses and telephone numbers of any premises from which a motor car trading business is conducted, including the date of commencement and cessation of business at those premises;

(j)if the licensee is a corporation—

(i)the names of the directors;

(ii)the date of appointment of each director;

(iii)the date of cessation of appointment of each director;

(k)if the licensee is a partnership—

(i)the names of the partners;

(ii)the date each person became a partner;

(iii)the date a partner ceased to be a partner;

(l)Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

(m)Internet site address maintained by the licensee for the purposes of a motor car trader's business (if any).

(6)The register must also contain details of—

(a)all permission determinations made under sections 29A, 29B and 29C;

(b)all applications for a licence refused by the Authority during the last two years;

(c)any other information prescribed by the regulations as forming part of the register.

(7)Subject to the Public Records Act 1973, the Registrar may, if in his or her opinion it is no longer necessary or desirable to retain it, remove any information from the register 12 years after the information was added to the register.

(8)In the exercise and performance of his or her duties under this section, the Registrar must act on any information which appears to the Registrar sufficient in each case.

23Annual licence fee and statement

(1)A licensee must pay to the Authority the annual licence fee required by the regulations on each anniversary of the date the licensee was granted a licence under section 13 (or under section 15 of the Motor Car Traders Act 1973).

(2)An annual licence fee may be paid at any time in the 6 weeks before it falls due.

(3)The payment must be accompanied by a statement in respect of the year up to the date that the payment is made that is in a form approved by the Authority and that is signed—

(a)by the licensee, if the licensee is a natural person; or

(b)if the licensee is a body corporate, by a director of the body corporate; or

(c)if the licensee is a partnership, by a partner.

(4)The statement must contain any information, and be accompanied by any documents, required by the Authority.

24Extension of time

(1)On payment of any late fee required by the regulations, a person may apply to the Authority for an extension of time, or a further extension of time, in which to comply with section 23.

(2)The Authority may grant the application if it is made before the date in relation to which the extension is sought.

24AFailure to comply with section 23

(1)If a licensee fails to comply with section 23, the Authority must give the licensee a written notice stating that unless the licensee complies with that section and also pays to the Authority the late payment or lodgement fee required by the regulations by the date specified in the notice, the licensee's licence will be cancelled.

(2)The date specified in the notice must be at least 14 days after the date on which the notice is given to the licensee.

(3)If the licensee has not complied with section 23 and paid the late payment or lodgement fee by the date specified in the notice, the licence is automatically cancelled.

25Display of licence

(1)A person who is carrying on the business of trading in motor cars must display the licence or a copy of it in a prominent position at each place at which business is carried on pursuant to the licence and must produce the licence on demand made by a police officer or an inspector.

(2)A person must not refuse or fail to produce the licence in accordance with a demand made of the person under subsection (1).

Penalty:10 penalty units.

26Duplicate licence

If the Registrar is satisfied that a licence has been lost destroyed or damaged, the Registrar must, on payment of the prescribed fee, issue a duplicate licence.

27Surrender of licence

(1)Subject to subsection (2), a licensee may at any time by notice in writing to the Authority, surrender the licence.

(2)If an application has been made to the Tribunal under section 30 for an inquiry in relation to a licence, the licensee may not, without leave of the Tribunal, surrender the licence unless the Tribunal has determined to take action under section 31(1) or has determined not to take any such action.

(3)The person who held a licence that has been surrendered must return the licence to the Authority within 14 days of surrendering it.

Penalty:10 penalty units.

28Automatic cancellation of licence on bankruptcy etc.

(1)A licence is automatically cancelled if the licensee—

(a)becomes an insolvent under administration; or

(b)becomes an externally-administered body corporate; or

(c)becomes a represented person within the meaning of the Guardianship and Administration Act 2019.

(2)A licence is automatically cancelled 30 days after the licensee—

(a)is convicted or found guilty of a serious offence (whether or not a conviction was recorded); or

(b)is disqualified from holding a licence.

(3)A licence is automatically cancelled if a partner of a licensee that is a partnership, or a director of a licensee that is a body corporate—

(a)is or has been convicted or found guilty of a serious offence (whether or not a conviction was recorded) or is or has been disqualified from holding a licence; and

(b)is a partner or director of the licensee 30 days or more after the conviction or disqualification.

(4)If a person whose licence would otherwise be cancelled by subsection (2)(a) or (3)(a) applies for permission under section 29B or 29C within the 30 day period referred to in that subsection, the person's licence is only automatically cancelled if the application is withdrawn or is refused by the Authority.

29Automatic suspension of licence if Fund claim upheld

(1)A licence is automatically suspended 30 days after a claim is admitted against the Fund in relation to the licensee.

(1A)If a licence of a partnership or a body corporate is suspended under subsection (1), the licence of any partner or director of the partnership or body corporate is automatically suspended 30 days after the end of the application period for that partner or director.

(1B)A licence of a partnership or body corporate is automatically suspended at the end of the notice period for the partnership or body corporate if a person whose licence has been suspended under subsection (1A) is still a partner or director of, or a person concerned in the management of, the partnership or body corporate at the end of the notice period.

(2)If a person whose licence would otherwise be suspended by this section applies for permission under section 29A before the suspension takes effect, the person's licence is only automatically suspended if the application is withdrawn or is refused by the Authority.

(2A)The Authority must give notice in writing of a proposed suspension under subsection (1A) by serving it on the partner or director affected by the suspension.

(2B)The notice under subsection (2A) must state that—

(a)the person notified may apply under section 29A within 30 days after the date the notice was served on the person for permission to prevent the suspension from taking effect; and

(b)if the person does not apply under section 29A for permission or the application is refused or withdrawn, the licence of any other partnership or body corporate will be automatically suspended at the end of the notice period for that partnership or body corporate if the person is still a partner or director of, or a person concerned in the management of, the partnership or body corporate at the end of that notice period.

(2C)The Authority must serve notice in writing of a proposed suspension under subsection (1A) on a partnership or body corporate that is a licensee if the person who is subject to the proposed suspension is a partner or director of, or a person concerned in the management of, the partnership or body corporate.

(2D)The notice under subsection (2C) must state that—

(a)a notice has been served on a person under subsection (2A) and the date on which the notice was served; and

(b)if an application under section 29A is not made by that person or is refused or withdrawn, the licence of the partnership or body corporate will be automatically suspended if the person is still a partner or director of, or a person concerned in the management of, the partnership or body corporate at the end of the notice period for that partnership or body corporate.

(3)Subsection (1) does not apply if the circumstances giving rise to a claim occurred before section 15 of the Motor Car Traders (Amendment) Act 1996 came into operation.

(4)Subsections (1A) and (1B) do not apply if the circumstances giving rise to a claim occurred before section 9 of the Motor Car Traders Amendment Act 2008 came into operation.

(5)In this section—

application period in relation to a person, means the later of—

(a)the period of 30 days after the date on which a notice was served on the person under subsection (2A); or

(b)if the person makes an application under section 29A within the period referred to in paragraph (a), the date of withdrawal or refusal of the application;

notice period in relation to a partnership or body corporate, means the period of 30 days after the end of the application period relating to a person who is a partner or director of, or a person concerned in the management of, the partnership or body corporate.

29APerson involved in Guarantee Fund claim may regain licence etc. in special circumstances

(1)This section applies to a person—

(a)in relation to whom a claim has been admitted against the Fund;

(b)who was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate.

(1A)For the purposes of this section, person includes a partnership.

(2)The person may apply to the Authority—

(a)to prevent a suspension under section 29 from taking effect or for the removal of a suspension under that section; or

(b)for permission to hold, or to continue to hold, a licence; or

(c)for permission to be employed as an employee of a motor car trader in a customer service capacity (within the meaning of section 35A); or

(d)for permission to be a partner or director of, or a person concerned in the management of, a motor car trader.

(2A)An application under this section must be in the form approved by the Authority and contain any information and be accompanied by any documents required by the Authority.

(2B)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(2C)The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(3)Subject to subsection (4), the Authority may grant the application if it is satisfied—

(a)that either—

(i)the person has refunded all amounts paid out of the Fund in respect of the claim; or

(ii)the person has agreed to refund all amounts paid out of the Fund in respect of the claim; and

(b)that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and

(c)that the granting of the application is not contrary to the public interest.

(4)The Authority may grant an application by a partnership or body corporate whose licence would otherwise be suspended under section 29(1B) if the Authority is satisfied that the granting of the application is not contrary to the public interest.

29BPerson with criminal record may be allowed limited right to hold licence etc.

(1)This section applies to a person who has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) within the last 10 years.

(2)The person may apply to the Authority for permission—

(a)to hold, or to continue to hold, a licence; or

(b)to be employed as an employee of a motor car trader in a customer service capacity (within the meaning of section 35A); or

(c)to be a partner or director of, or a person concerned in the management of, a motor car trader.

(2A)An application under this section must be in the form approved by the Authority and contain any information and be accompanied by any documents required by the Authority.

(2B)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(2C)The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(3)The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

29CPermission to continue to hold licence despite criminal act of partner or director

(1)This section applies if a licensee is a partnership or a body corporate and a partner or a director of the licensee is convicted or found guilty of a serious offence (whether or not a conviction was recorded).

(2)The licensee may apply to the Authority for permission to continue to hold its licence.

(2A)An application under this section must be in the form approved by the Authority and contain any information and be accompanied by any documents required by the Authority.

(2B)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(2C)The Authority may refuse to consider the application if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(3)The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

29DAuthority may impose conditions

(1)In granting an application under section 29A, 29B or 29C, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

(2)The Authority may at any time impose conditions in respect of the permission or vary or revoke any conditions previously imposed.

(3)A person to whom permission has been given must comply with any conditions imposed in respect of the permission.

Penalty:25 penalty units.

(4)If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission.

Division 3—Disciplinary action

30Disciplinary action

(1)The Director or the Chief Commissioner of Police may apply at any time to the Tribunal to conduct an inquiry to determine whether there are grounds for taking action under section 31 against a licensee.

(2)There are grounds for taking action under section 31 against a licensee if—

(a)the licensee improperly obtained her, his or its licence; or

(b)the licensee has failed to comply with this Act or the regulations; or

(c)the licensee does not have, or is not likely to have, sufficient financial resources to enable the licensee to continue carrying on the business to which the licence relates; or

(d)the licensee's motor car trading business is being carried on in a dishonest, unfair or inefficient manner; or

(e)the licensee or a partner, director or officer of the licensee has engaged in discreditable conduct; or

(f)the licensee or a partner or director of the licensee or a person concerned in the management of the licensee is not, or has ceased to be, a fit and proper person to be a licensee or a partner or director of a licensee; or

(g)the premises of the licensee are not suitable to carry on the business of trading in motor cars; or

(h)the effective control of the business to which the licence relates is not, or is unlikely to remain, with the licensee; or

(i)the licensee would be refused a licence under section 13(4) or (6) for any other reason if the licensee were to apply for a new licence.

(3)If an application for an inquiry is lodged, the principal registrar of the Tribunal must—

(a)send a copy of the application to the licensee; and

(b)advise the licensee and the person making the application in writing of when and where the inquiry will be held.

(4)An inquiry must not start within 30 days of the date the application for the inquiry is lodged unless—

(a)the person who lodged the application, or the licensee, applies to the Tribunal for the inquiry to be started within that time; and

(b)the Tribunal is satisfied that there are exceptional circumstances.

(5)A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in subsection (2) existed or was alleged to exist, even if the person is not a licensee at the time the action under section 31 is taken.

30AAuthority may temporarily suspend insolvent etc. trader without hearing

(1)If an application for an inquiry includes a ground based on section 30(2)(c), the Director may apply to the Tribunal in writing for the temporary suspension of the licensee's licence.

(2)A presidential member of the Tribunal may suspend the licence for a period of up to 14 days if she or he is satisfied that there are grounds for believing that the licensee does not have sufficient financial resources to enable the licensee to continue carrying on the business to which the licence relates.

(3)A presidential member of the Tribunal may suspend the licence without giving the licensee a chance to be heard and even though the licensee has not been given notice of either application.

(4)If a presidential member of the Tribunal considers an application under this section, she or he must not take part in the related inquiry under section 30.

(5)The Tribunal may—

(a)continue a suspension imposed under subsection (3) until the end of the inquiry; or

(b)re-impose (from a date specified by the Tribunal) a suspension on a licence formerly suspended under subsection (3) until the end of the inquiry; or

(c)revoke a suspension imposed under subsection (3).

(6)The principal registrar of the Tribunal must notify the licensee in writing of any suspension imposed under this section as quickly as possible.

31Determination of disciplinary measures by Tribunal

(1)After conducting an inquiry, if the Tribunal is satisfied that there are grounds for taking action under this section against a licensee, the Tribunal may do one or more of the following—

(a)reprimand the licensee;

(b)order the licensee to pay into the Fund a penalty of up to $5000;

(c)require the licensee to comply within, or for, a specified time with a requirement specified by the Tribunal;

(d)suspend the licensee's licence for a specified period not exceeding 1 year;

(e)require the licensee to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking;

(f)impose a condition or restriction on the licensee's licence;

(g)if the ground for taking action under this section involved one or more people losing money, order the licensee to pay compensation to one or more of those people, but not so that the total amount the licensee must pay under this paragraph is more than $5000.

(2)As an alternative to taking action under one or more of subsections (1)(a), (b), (c), (d) and (f), the Tribunal may cancel the licensee's licence and disqualify the licensee (and any partner or director of the licensee) from holding a licence either permanently or for a specified period.

(2A)If the Tribunal orders the payment of an amount under subsection (1)(b) or (g)—

(a)it may order that the amount be paid by a specified date; and

(b)if the amount is not paid by that date, it may suspend the licence until the amount is paid and set a final payment date; and

(c)if the amount has not been paid by that final payment date, it may cancel the licence; and

(d)it may extend any period of time it sets under paragraph (a) or (b) at any time.

(2B)The Tribunal may suspend or cancel a licence under subsection (2A) without giving the licensee a chance to be heard.

(2C)A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in section 30(2) existed or was alleged to exist, even if the person is not a licensee at the time the action under this section is taken.

(3)If the Tribunal cancels or suspends a licence, the cancellation or suspension takes effect on and from such date as is determined by the Authority.

(4)If under subsection (1)(c), the Tribunal requires a licensee to comply with a requirement specified by it, the licensee must comply with the requirement within, or for, the time specified by the Tribunal under that paragraph.

31AEffect of suspension

A person whose licence has been suspended is to be treated as a person who does not hold a licence while the licence is suspended, except for the purposes of sections 23, 24, 24A and 27.

31BSuspended and cancelled licences must be returned

(1)If the Tribunal suspends or cancels a licence, the person to whom the licence was issued must return the licence to the Authority within the period specified by the Tribunal by notice in writing given to the person.

Penalty:25 penalty units.

(2)If a licence is automatically suspended or cancelled under this Act, the person to whom the licence was issued must return the licence to the Authority within 7 days of becoming aware of the suspension or cancellation.

Penalty:25 penalty units.

Division 4—Miscellaneous

32Application for review

(1)A person whose interests are affected by a decision of the Authority under section 13, 14, 17, 29A, 29B, 29C, 29D or 33 may apply to the Tribunal for review of the decision.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

33Disability etc. of licensee

(1)The following people may carry on the motor car trading business of a person who was a licensed motor car trader for 30 days after the person ceases to be licensed—

(a)if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate;

(b)if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person;

(c)if the person becomes a represented person within the meaning of the Guardianship and Administration Act 2019, the guardian or administrator of the person or any person nominated by the guardian or administrator;

(d)if the person becomes an externally-administered body corporate, the liquidator, official manager, receiver, receiver and manager or other external administrator.

(2)If a person authorised to carry on a business applies to the Authority within the 30 day period for permission to carry on the business for a longer period, the person may continue to carry on the business until the Authority makes a decision on the application.

PART 6—MISCELLANEOUS

83Failure to disclose

(1)A motor car trader who sells any motor car or gives any motor car in exchange for any other goods (whether as principal or agent) to any person (not being a motor car trader or special trader) must disclose to that person that he or she is a motor car trader.

(2)A person who as a servant or agent of a motor car trader, negotiates any sale of a motor car to, or exchange of a motor car for any other goods with, any person (not being a motor car trader or special trader) must disclose to that person—

(a)that the sale or exchange is being made by a motor car trader; or

(b)the name and address of the motor car trader.

(3)It is a defence in any proceedings brought against a motor car trader for an offence against this section to prove that a licensed motor car trader acted on behalf of the motor car trader in the selling or giving in exchange of the motor car.

Penalty:20 penalty units.

83ARetention of documents

A person must retain a document that is required to be kept by this Act or the regulations for at least 6 years after its creation.

Penalty:20 penalty units.

83BOffence to destroy documents required by the Act

(1)A motor car trader must not destroy, conceal, mutilate or alter any document that she, he or it is required to keep by this Act or the regulations.

Penalty:100 penalty units.

(2)It is a defence to a charge under subsection (1) if the person charged can show that the destruction, concealment, mutilation or alteration of the document was not done with the intention of defeating the purposes of this Act.

83CMotor car traders must supply copies of agreements etc.

(1)A motor car trader must give a person who buys, sells or exchanges a motor car from, to or with the motor car trader a copy of any document listed in the regulations for the purposes of this section as soon as is practicable after the purchase, sale or exchange.

Penalty:50 penalty units.

(2)This section does not apply if the person who buys, sells or exchanges the car from, to or with the motor car trader is a licensed motor car trader or a special trader.

83DComplaints concerning motor car trader are privileged

If a person—

(a)lodges a complaint with the Authority, the Director or the Committee; or

(b)produces or gives a document or any information or evidence to the Authority, the Director or the Committee—

the person is not liable in any way for any loss, damage or injury suffered by another person by reason only of the lodging of that complaint or the production or giving of that document, information or evidence.

84Offence to place certain advertisements

A motor car trader must not cause or permit to be published any public advertisement which—

(a)suggests that a motor car is being offered or displayed for sale, or that enquiries concerning a motor car may be made by potential purchasers, at any dwelling house; and

(b)does not disclose that the person on whose behalf it is published is a motor car trader.

Penalty:10 penalty units.

84AFalse or misleading statements

(1)A person must not in, or in relation to—

(a)an application for a licence; or

*                *                *                *                *

(c)the making of a claim to the Committee; or

(d)any document required by this Act or by the Authority—

give information or make a statement that is false or misleading by reason of the inclusion of any false or misleading matter or the omission of any material matter.

Penalty:50 penalty units, in the case of a natural person or, in the case of a corporation, 100 penalty units.

(2)It is a defence to a prosecution of a person for an offence under subsection (1) if the person proves that, when the information was given or the statement made, the person—

(a)believed on reasonable grounds—

(i)that the false matter was true; or

(ii)that the misleading matter was not misleading; or

(b)in the case of an omission—

(i)believed on reasonable grounds that no material matter had been omitted; or

(ii)did not know that the omitted matter was material—

and the person notified the Authority of the false or misleading matter or omission as soon as the person became aware of it.

84BProduction of records

(1)If a record is produced to the Committee or the Authority in respect of any application or claim under this Act, the Committee or the Authority (as the case may be)—

(a)if it considers it necessary for the purpose of the application or claim, may keep the record for any period it considers necessary; and

(b)may make copies of the record or any part of the record; and

(c)may give to the person who produced the record a copy of the record which has been certified by a member of the Committee or the Registrar (as the case may be) to be a true copy of the record.

(2)If—

(a)the Committee or the Authority makes a copy of a record produced in respect of the application or claim; and

(b)a member of the Committee or the Authority (as the case may be) certifies the copy to be a true copy of the record—

the certified copy is admissible in evidence in any proceedings as if it were the record of which it is certified to be a copy.

85Corporations

(1)Where any notice or application is by or under this Act authorized or required to be given or made by any person in connection with any licence or proceeding, it may, in the case of a body

corporate, be given or made on behalf of the body corporate by any chairperson, director, manager, secretary or officer of the body corporate.

*                *                *                *                *

85ASimplified procedure concerning proof that person traded in motor cars

(1)In a prescribed class of hearing a statement by a relevant person—

(a)that an address, telephone number or post office box number is a person's address, telephone number or post office box number is evidence of that fact;

(b)that a person was registered in relation to a business name on a specified date is evidence of that fact;

(c)that an advertisement (or invitation to treat) for the purchase, sale or exchange of a motor car contained—

(i)the name, address, telephone number or post office box number of the person charged or an agent of the person charged; or

(ii)a business name in relation to which the person charged or an agent of the person charged is registered—

is evidence that the person charged offered to buy, sell or exchange the motor car (as the case may be);

(d)that such an advertisement (or invitation to treat) was published is evidence that the advertisement (or invitation) was published;

(e)that such an advertisement (or invitation to treat) was published on a specified date is evidence that the advertisement (or invitation) was published on that date.

(2)Nothing in this section prevents the asking of any question concerning the basis on which a statement was made under this section.

(3)In this section—

prescribed class of hearing means—

(a)a hearing of a charge for an offence against section 7; or

(b)a hearing in a proceeding under a provision of the Australian Consumer Law and Fair Trading Act 2012 as applied by section 82I of this Act;

relevant person means—

(a)in the case of a hearing of a charge for an offence against section 7, the prosecutor or the informant; and

(b)in any other case, the Director.

86Service of notices

A person may give to, or serve on, another person a notice or a copy of a notice under this Act—

(a)by delivering it personally to the other person; or

(b)by sending it by post addressed to the other person's last known place of residence or business.

86AExtension of time

(1)The Authority, on the application of the Director, the Chief Commissioner of Police or any person or on its own initiative, may extend any time limit fixed by this Act for taking any action.

(2)The Authority may make an order under this section even if an application for the making of the order was not made until after the end of the time appointed or fixed for taking the action.

(3)This section does not apply to any time limit applying to the taking of any proceeding before the Tribunal.

87Certificates

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

87AWaiver or refund of fees

(1)The Registrar may, in a particular case or class of cases—

(a)waive or reduce fees that would otherwise be payable under this Act; or

(b)refund, in whole or in part, fees paid under this Act.

(2)If—

(a)a person—

(i)pays a fee under this Act and the Registrar then waives or reduces the fee; or

(ii)is for any other reason entitled to a refund of a fee under this Act; and

(b)the person owes the Authority or the Committee any money—

the Registrar may give the refund to which the person is entitled to the Authority or the Committee to enable it to be applied towards the debt owed to the Authority or the Committee.

88Contracting out prohibited

(1)Any term of an agreement purporting to exclude, limit or modify the operation of this Act, or to preclude any right of action or any defence based on or arising out of any failure to comply with this Act, is void.

(2)A motor car trader must not enter into an agreement containing a term referred to in subsection (1).

Penalty:10 penalty units.

88AAgreement not illegal etc. by reason of offence

(1)An agreement for the purchase or sale of a motor car is not illegal, void or unenforceable by reason only that the motor car trader with whom the agreement is made is guilty of an offence under this Act or the regulations in relation to the agreement.

(2)If a motor car trader commits an offence under this Act or the regulations in relation to an agreement for the purchase or sale of a motor car, the other party to the agreement does not aid, abet, counsel or procure the offence by reason only of being, or having been, a party to the agreement.

(3)This section only applies to agreements entered into after the date section 41 of the Motor Car Traders (Amendment) Act 1996 came into operation.

88BAgreement voidable if section 37, 38, 41 or 42 breached

(1)A person may withdraw from an agreement with a motor car trader to buy or sell a motor car if—

(a)the agreement does not comply with section 37, 41 or 42 or if the motor car trader has committed an offence under section 38 in relation to the car; and

(b)the car is still in the possession of the person or the motor car trader.

(2)A person may only do this within 3 months of the date the agreement was signed.

(3)To withdraw from the agreement, the person must give the motor car trader (or an employee or agent of the motor car trader) a written notice stating that the person is exercising the right conferred on her, him or it by this section and describing briefly the reason for the withdrawal.

(4)If a person withdraws from an agreement under this section, the parties to the agreement must do everything that is practicable to restore themselves to the position they were in before entering into the agreement.

(5)In particular, the motor car trader must refund any money paid to her, him or it under the agreement by the other party to the agreement.

Penalty:50 penalty units.

(6)This section only applies to agreements entered into after the date section 41 of the Motor Car Traders (Amendment) Act 1996 came into operation.

89Other rights and remedies

Except as is expressly provided in this Act, nothing in this Act shall have the effect of limiting, restricting or otherwise affecting any right or remedy a person would have had if this Act had not been enacted.

89ADelegation by Director

The Director may, by instrument, delegate to—

(a)the Authority; or

(b)the Registrar; or

(c)any person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998; or

(d)any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act—

any function or power of the Director under this Act other than this power of delegation.

90Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)exempting any person or class of person from the operation of this Act and prescribing the extent of the exemption; and

(b)exempting any class or classes of sales from the operation of this Act and prescribing the extent of the exemption; and

(c)regulating the conduct of a motor car trader and servants or agents carrying on the business of trading in motor cars; and

(d)regulating the form and content of any warranties or insurance policies given in respect of motor cars (other than the warranty imposed by section 54); and

(e)prescribing the information, including any charges, to be disclosed in an advertisement for the sale by any person of a motor car; and

(ea)prescribing the information to be given, including in an agreement for the sale of a motor car, by a motor car trader to the purchaser of a motor car, including—

(i)information about warranties or insurance policies; and

(ii)information about the purchaser's rights under this Act; and

(f)prescribing the notice to be displayed on motor cars not currently for sale in the possession of a motor car trader; and

(g)prescribing the documents, accounts and records to be kept by licensed motor car traders and the manner of keeping them and the period for which they must be kept; and

(h)prescribing the procedure of the Committee; and

(i)prescribing the form of licences, applications and notices to be used for the purposes of this Act; and

(j)prescribing fees payable—

(i)for or on the issue of certificates by the Authority;

(ii)for searches of the records kept by the Authority;

(iii)for licences, including application fees and annual fees;

(iv)for other applications to the Authority under this Act;

(v)for the issue of other documents under this Act;

(vi)for any other procedures required by this Act, other than procedures relating to the Tribunal;

(k)prescribing, for the purposes of Division 2 of Part 5A—

(i)the offences under this Act or the regulations in respect of which an infringement notice may be issued; and

(ii)the penalties that apply if those offences are dealt with by an infringement notice; and

(l)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary or expedient to be prescribed to give effect to this Act.

(2)Regulations under this Act—

(a)may be of general or specially limited application; and

(b)may differ according to difference in time, place or circumstances; and

(c)may impose a penalty not exceeding 10 penalty units for any contravention of these regulations; and

(d)may prescribe fees that differ according to differences in circumstances.

(3)Regulations made under subsection (1)(k)(ii) must not specify a penalty in respect of an offence by a person that is more than one-tenth of the maximum penalty the person would be liable for under the Act or the regulations for committing that offence for the first time.

*                *                *                *                *

PART 8—TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

*                *                *                *                *

120Subrogation

The Secretary to the Committee is the successor in law to the secretary to the Motor Car Traders Committee established under the Motor Car Traders Act 1973 for the purposes of subrogation to the extent of payments out of the Fund under that Act.

121Transitional—Motor Car Traders Amendment Act 2008

Despite anything to the contrary in this Act, section 35A (as in force immediately before the commencement of section 12 of the Motor Car Traders Amendment Act 2008) continues to apply to the employment of any person by a motor car trader by whom the person was employed immediately before that commencement.

122Further transitional—Motor Car Traders Amendment Act 2008

The Motor Car Traders Claims Committee is the same body as the Guarantee Fund Claims Committee despite the change in its name by section 20 of the Motor Car Traders Amendment Act 2008.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 October 1986

Legislative Council: 3 December 1986

The long title for the Bill for this Act was "A Bill to provide for the licensing of motor car traders and the regulation of their operation and for other purposes.".

The Motor Car Traders Act 1986 was assented to on 16 December 1986 and came into operation as follows:

Section 16(1)–(8)(10) on 1 January 1988; section 16(9) on 1 April 1988; sections 43, 44 on 1 October 1987; rest of Act (except section 53) on 1 August 1987: Government Gazette 29 July 1987 page 1993; section 53 was never proclaimed, repealed by section 51(a) of the Motor Car Traders (Amendment) Act 1996, No. 74/1996.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms

part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Motor Car Traders Act 1986 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Chattel Securities Act 1987, No. 15 /1987

Assent Date:	12.5.87
Commencement Date:	1.8.87: Government Gazette 29.7.87 p. 1992
CurrentState:	All of Act in operation

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Credit (Administration) (Amendment) Act 1989, No. 4/1989

Assent Date:	2.5.89
Commencement Date:	Ss 1–3, 5 on 2.5.89: s. 2(1); ss 4, 6–9 on 29.4.91: Government Gazette 6.3.91 p. 483
CurrentState:	All of Act in operation

Licensing Authorities (Amendment) Act 1989, No. 6/1989

Assent Date:	2.5.89
Commencement Date:	Pt 3 (ss 11–32) on 13.7.89: Government Gazette 12.7.89 p. 1710
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Transport (Amendment) Act 1989, No. 44/1989

Assent Date:	6.6.89
Commencement Date:	S. 41(Sch. 2 item 28) on 1.7.89: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989

Assent Date:	14.6.89
Commencement Date:	S. 35(3) on 10.9.90: Government Gazette 5.9.90 p. 2680
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 3(Sch. item 137) on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Consumer Credit (Victoria) Act 1995, No. 41/1995

Assent Date:	14.6.95
Commencement Date:	S. 62(Sch. 1 item 5) on 1.11.96: Government Gazette 29.8.96 p. 2274
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Motor Car Traders (Amendment) Act 1996, No. 74/1996

Assent Date:	17.12.96
Commencement Date:	Ss 1, 2 on 17.12.96: s. 2(1); ss 3–12, 14–42(1)(b), 42(1)(d)–51(a), 51(c), 52–55 on 1.3.97: Government Gazette 20.2.97 p. 374, ss 13, 42(1)(c), 51(b)(d) on 22.6.98: Government Gazette 28.5.98 p. 1189
CurrentState:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	Ss 139–181 on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 (as amended by No. 74/2000)

Assent Date:	1.12.98
Commencement Date:	Pt 4 (ss 8, 9) on 1.2.99: Government Gazette 24.12.98 p. 3204
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999

Assent Date:	18.5.99
Commencement Date:	Ss 9–13 on 1.9.99: Government Gazette 19.8.99 p. 1901
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Business Registration Acts (Amendment) Act 2000, No. 35/2000

Assent Date:	6.6.00
Commencement Date:	S. 47 on 19.6.00: Government Gazette 15.6.00 p. 1248
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 8(Sch. 6 item 3) on 28.6.01: Government Gazette 28.6.01 p. 1428
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 84) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Auction Sales (Repeal) Act 2001, No. 84/2001

Assent Date:	11.12.01
Commencement Date:	S. 9 on 1.1.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Business Licensing Legislation (Amendment) Act 2003, No. 8/2003

Assent Date:	6.5.03
Commencement Date:	Ss 60–75 on 1.11.03: Government Gazette 30.10.03 p. 2744
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Fair Trading (Further Amendment) Act 2003, No. 106/2003

Assent Date:	9.12.03
Commencement Date:	S. 27 on 10.12.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004

Assent Date:	21.12.04
Commencement Date:	Ss 55–59 on 22.12.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 136) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 71) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Motor Car Traders and Fair Trading Acts (Amendment) Act 2005, No. 91/2005

Assent Date:	29.11.05
Commencement Date:	Ss 3–6 on 1.12.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 34) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date:	10.10.06
Commencement Date:	Ss 81, 82 on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 72) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007

Assent Date:	29.5.07
Commencement Date:	Ss 35, 36(Sch. item 9) on 30.5.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Assent Date:	11.2.08
Commencement Date:	S. 60(Sch. item 7) on 12.2.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	Ss 4–30 on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 41) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 88) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Credit (Commonwealth Powers) Act 2010, No. 11/2010

Assent Date:	30.3.10
Commencement Date:	Ss 53–56 on 1.7.10: Government Gazette 24.6.10 p. 1273
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 76 on 1.11.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 16) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
Current State:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 37(Sch. item 3) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Business Names (Commonwealth Powers) Act 2011, No. 79/2011

Assent Date:	21.12.11
Commencement Date:	S. 34 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 28) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 31) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 37) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 65) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 114) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Consumer Affairs Legislation Amendment Act 2014, No. 50/2014

Assent Date:	12.8.14
Commencement Date:	Ss 38–43 on 3.11.14: Special Gazette (No. 304) 9.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Veterans and Other Acts Amendment Act 2015, No. 12/2015

Assent Date:	21.4.15
Commencement Date:	Ss 11, 14–17 on 22.4.15: s. 2(1); ss 12, 13 on 15.6.15: Special Gazette (No. 144) 9.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Consumer Acts Amendment Act 2017, No. 13/2017

Assent Date:	10.5.17
Commencement Date:	S. 18 on 1.11.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 90) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 33) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 30) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 29) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Motor Car Traders Act 1986

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3   Explanatory details

No entries at date of publication.