Motor Dealers Act 1974 Motor Dealers Amendment (Short Descriptions of Offences) Regulation 1998 (1998-331) [GG No 97 of 26.6.1998, p 4487] (NSW)
New South Wales
under the Motor Dealers Act 1974 His Excellency the Governor. with the advice of the Executive Council, has made the following Regulation under the Motor Dealers Act 1974. BRIAN LANGTON, M.P.,
Minister for Fair Trading
xplanatory note The object of this Regulation is to specify. in accordance with section 145B of the Justices Act 1902, the short descriptions of certain offences under the Motor Dealers Act 1974 and the Motor Dealers Regulation 1986 (being offences that are currently dealt with by way of penalty notice). This Regulation is made under the Motor Dealers Act 1974, including section 57 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902. This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
Published in Gazette No 97 of 26 June 1998, page 4487 Page 1
| Clause 1 | Motor Dealers Amendment (Short Descriptions of Offences) Regulation 1998 |
| 1 Name of Regulation |
This Regulation is the Motor Dealers Amendment (Short
Descriptions of Offences) Regulation 1998.
2 Commencement
This Regulation commences on 1 September 1998
| 3 Amendment of Motor Dealers egulation 1986 |
The Motor Dealers Regulation 1986 is amended as set out in
Schedule 1 .
4 Notes
The explanatory note does not form part of this Regulation.
Motor Dealers Amendment (Short Descriptions of Offences) Regulation 1998
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3)
[1] Clause 44A Penalty notice offences
Omit clause 44A (a), Insert instead:
(a) an offence under a provision of the Act or this Regulation specified in Column 1 of Schedule 2 is a prescribed offence, and
[2] Clause 44A (b)
Insert “Column 3 of” after “specified in”.
Insert after clause 44A: 44B Short descriptions of offences
(1)
For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 2 is:
(a)
the expression specified in Column 2 of that Schedule, or
(b) if a choice of words is indicated in that expression.
the words remaining after the omission of the
words irrelevant to the offence.
(2)
For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule
2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
( 3 )
The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
(4)
Subclause (3) applies to any information, complaint. summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
Motor Dealers Amendment (Short Descriptions of Offences) Regulation 1998
| Schedule 1 | Amendments |
Schedule 2
Omit the Schedule. Insert instead:
(Clauses 44A and 44B)
Column 1 Column 2 Column 3 Offence Prescribed expression Penalty Offences under the Motor
Dealers Act 1974
Section 21 (1)—being the holder fail to keep prescribed $50
of a licence, fail to keep a register at place of register in the prescribed form at business the licensee’s place of business
Section 21 (2)—being the holder fail to keep register of $ 5 0
of a dealer’s licence who carries other business under on another business under the same licence same licence, fail to keep a
register in respect of the other
business
Section 21 (3)—being the holder as dealer, fail to enter $ 5 0
of a dealer‘s licence, fail to enter particulars in register the prescribed particulars in the
register
Section 21 (4)—being the holder as auto-dismantler, fail $ 5 0
of an auto-dismantler’s licence, to enter particulars in fail to enter the prescribed register particulars in the register
Section 21 (5)—being the holder as wholesaler. fail to $ 5 0
of a wholesaler’s licence, fail to enter particulars in enter the prescribed particulars in register the register
Section 21 (6)—being the holder a s reconstructure, fail to S50
of a motor vehicle parts enter particulars in reconstructor’s licence, fail to register enter the prescribed particulars in
the register
Motor Dealers Amendment (Short Descriptions of Offences) Regulation 1998
Amendments Schedule 1
Column 1 Column 2 Column 3 Offence Prescribed expression Penalty Section 21 (7)—being the holder as consultant, fail to $50 of a motor vehicle consultant's enter particulars in licence, fail to enter the register prescribed particulars in the
registerSection 21 (8)—being the holder as prescribed licensee, $50 of a prescribed licence, fail to fail to enter particulars enter the prescribed particulars in in register the register
Section 23A (l)—being the offer/display vehicle for $50 holder of a licence, offer or sale not at specified display a motor vehicle for sale place of business otherwise than at the place of
business specified in the licence
Section 24 (2)—being a dealer, offer/display used vehicle $50 offer or display for sale a for sale without second-hand motor vehicle prescribed notice without attaching to it the
prescribed noticeOffences under the Motor
Dealers Regulation 1986
Clause 37A—being the holder of cause/permit advert. of $200 a licence, cause or permit the car/car part without publication of an advertisement prescribed matter of a motor vehicle or part to be
offered or displayed for sale
without including the prescribed
matter in the advertisementClause 37B—being a dealer,
cause or permit the publication
of an advertisement referring:(a) to a specified motor vehicle, cause/permit advert for $200
or specific vehicle not show rego number (b ) to a second-hand motor cause/permit advert for $200 vehicle for sale at a specified priced used vehicle not price, show rego number without specifying the registration
number of vehicle
0
0
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