Motor Car Traders Act 1986 (Vic)

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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9Refund of fee if application withdrawn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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.