Motor Car Traders (Prescribed Forms) Regulations 1999 (Vic)

Motor Car Traders (Prescribed Forms) Regulations

1999

S.R. No. 104/1999

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	1
5.	New regulation 33 inserted	2
33. Inspectors' powers forms	2
6.	New Forms inserted in Schedule 1	2
Form 13—Entry, Search and Seizure Consent	2
Form 14—Embargo Notice	3

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NOTES 5

i

STATUTORY RULES 1999

S.R. No. 104/1999

Motor Car Traders Act 1986

Motor Car Traders (Prescribed Forms) Regulations

1999

The Governor in Council makes the following Regulations:
Dated: 17 August 1999

Responsible Minister:

JAN WADE

Minister for Fair Trading

SHANNON DELLAMARTA

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to prescribe certain forms for the purposes of the Motor Car Traders Act 1986.

2. Authorising provision

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

3. Commencement

These Regulations come into operation on

1 September 1999.

4. Principal Regulations

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

Motor Car Traders (Prescribed Forms) Regulations 1999

r. 5 S.R. No. 104/1999

5. New regulation 33 inserted

After regulation 32 of the Principal Regulations
insert—
"33. Inspectors' powers forms

(1) The form for consent to entry, search and seizure under section 82AG of the Act is Form 13 in Schedule 1.

(2) The form for the embargo notice under

section 82AM(1) of the Act is Form 14 in

Schedule 1.".

6. New Forms inserted in Schedule 1

After Form 12 in Schedule 1 of the Principal

Regulations insert—

"FORM 13

ENTRY, SEARCH AND SEIZURE CONSENT

Name of Authorising Act

Section of
Name of inspector

Details of premises

Name of occupier

Address

Consent to entry and search

Purpose of entry and search:

Statement of occupier:

• The inspector has informed me of the purpose of the search.

• I have been informed that I may refuse consent to the entry and search
of the premises.

• I have been informed that anything seized or taken with my consent
during the search may be used in evidence in proceedings.

Motor Car Traders (Prescribed Forms) Regulations 1999

S.R. No. 104/1999 r. 6

• I consent to the entry and search of the premises

Signature of occupier Date Time

Consent to seizure and taking

Items to be seized:
Statement of occupier:
I consent to the seizure and taking of any items listed.

Signature of occupier Date Time

—————————

FORM 14

EMBARGO NOTICE

Motor Car Traders Act 1986

Section 82AM

1. The item described below has been embargoed under section 82AM of the Motor Car Traders Act 1986.

2. Section 82AM of the Motor Car Traders Act 1986 provides that a person who knows that an embargo notice relates to a thing and who—

(a) sells;
(b) leases; or

(c) without the written consent of the inspector who issued the embargo notice moves; or

(d) transfers; or

(e) otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a
penalty of $5000.

3.    It is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

4. Section 82AM of the Motor Car Traders Act 1986 provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.

Description of embargoed item

Motor Car Traders (Prescribed Forms) Regulations 1999

r. 6 S.R. No. 104/1999

This notice has been—
! served on (name)
! affixed to the item described above
Signature of inspector
Name of inspector

Telephone number Date Time .".

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Motor Car Traders (Prescribed Forms) Regulations 1999

S.R. No. 104/1999 Notes

NOTES

1 Reg. 4: S.R. No. 56/1998. Subsequently amended by S.R. No. 114/1998.