Motor Car Traders (Amendment) Regulations 1998 (Vic)

Motor Car Traders (Amendment) Regulations 1998

S.R. No. 114/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Principal Regulations	2
4.	Definitions	2
5.	Printing of Form 6	3
6.	Size of point type in certain notices	3
7.	Advertisements	3
8.	Identification details of unregistered vehicles	6

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NOTES 7

i

STATUTORY RULES 1998

S.R. No. 114/1998

Motor Car Traders Act 1986

Motor Car Traders (Amendment) Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 8 September 1998

Responsible Minister:

JAN WADE

Minister for Fair Trading

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make changes to—

(a)	the advertising requirements contained in the Motor Car Traders Regulations 1998; and
(b)	the vehicle identification details to be supplied under those Regulations where a vehicle is unregistered; and
(c)	the size of print to be used in certain notices under those Regulations.

2. Authorising provisions

These Regulations are made under section 90 of the Motor Car Traders Act 1986.

Motor Car Traders (Amendment) Regulations 1998

r. 3 S.R. No. 114/1998

3. Principal Regulations

In these Regulations, the Motor Car Traders
Regulations 19981 are called the Principal

Regulations.

4. Definitions

In regulation 5(1) of the Principal Regulations,
after the definition of "publish" insert—

' "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 or
other executive position or secretary,

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, business; or

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

Motor Car Traders (Amendment) Regulations 1998

S.R. No. 114/1998 r. 5

5. Printing of Form 6

In regulation 10(4) of the Principal Regulations, for "and engine number" substitute ", engine or other identifying number".

6. Size of point type in certain notices

In regulation 11(3)(a) of the Principal
Regulations, for "in 12 point type" substitute
"clearly and legibly and in point type no smaller

than 7 point type".

7. Advertisements

(1) In regulation 22(1) of the Principal Regulations,

for "in 12 point type" substitute "clearly and legibly and, except where comprised within a business logo of the trader appearing in the
advertisement or statement, in point type no
smaller than the smallest point type otherwise
appearing in the advertisement or statement or
5 point type, whichever is the larger".

(2) In regulation 22(2)(b) and (4)(b) of the Principal Regulations, for sub-paragraph (ii) substitute— "(ii) if the motor car is unregistered—

(A) the engine number of the vehicle; or (B) the chassis number of the vehicle; or (C) the vehicle identification number; or (D) the registration number (if any) last

assigned to the vehicle; or

(E) if none of those numbers are reasonably

ascertainable, any other number by
which the vehicle may be identified.".

Motor Car Traders (Amendment) Regulations 1998

r. 7 S.R. No. 114/1998

(3) In regulation 22 of the Principal Regulations, after

sub-regulation (4) insert—

'(5) Sub-regulations (2)(a) and (4)(a) do not

apply in relation to a used motor car being

advertised for sale by auction.

(6) Sub-regulations (2)(b) and (4)(b) do not

apply in relation to a used motor car being advertised for sale by auction if the details required by those paragraphs are provided in
writing on request to persons attending the

auction.

(7) A used motor car is not to be regarded as

being advertised for sale by auction for the

purposes of sub-regulation (5) or (6) if—

(a)	the motor car is owned by the auction business or by an associated business; or
(b)	the motor car is available for purchase before the auction.

(8) For the purposes of sub-regulation (7)(a)

businesses are associated if—

(a)	they are carried on by the same person; or
(b)	one business is carried on by a person and the other business is carried on by a person who is—

(i)  a spouse or defacto partner of that person; or

(ii)  a business partner of that person; or

(iii) directly receiving any income
derived from the business carried
on by the other; or

Motor Car Traders (Amendment) Regulations 1998

S.R. No. 114/1998 r. 7

(c) one business is carried on by a body corporate and the other business is carried on by a person who—

(i)  is a director or secretary of the body corporate or a spouse or defacto partner of such a director

or secretary; or

(ii)  holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her 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

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

the body corporate; or

(iv) is a related body corporate within the meaning of section 9 of the Corporations Law or a director or secretary, or a spouse or defacto partner of a director or secretary, of a related body corporate.

(9) In this regulation—

"auction" means—

(a) public auction; or

(b)

an auction at which only licensed acting on their behalf may bid;

Motor Car Traders (Amendment) Regulations 1998

r. 8 S.R. No. 114/1998

"auction business", in relation to a used

motor car, means the business selling,
or offering to sell, the motor car by

auction in the course of its business.'.

8. Identification details of unregistered vehicles
(1) In Form 6 in Schedule 1 to the Principal

Regulations, for "engine no." substitute "engine number or chassis number or vehicle identification number or registration number (if any) last assigned to the vehicle or, if none of those numbers are reasonably ascertainable, any other number by which the vehicle may be identified".

(2) In Schedule 3 to the Principal Regulations, in paragraph A(3)(b) for "engine number of the vehicle" substitute "vehicle's engine number or

chassis number or the vehicle identification
number or the registration number (if any) last
assigned to the vehicle or, if none of those
numbers are reasonably ascertainable, any other

number by which the vehicle may be identified".

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Motor Car Traders (Amendment) Regulations 1998

S.R. No. 114/1998 Notes

NOTES

1 Reg. 3: S.R. No. 56/1998.