Motor Dealers Act 1974 Regulation relating to proceedings for offences, warranties and forms (1991-10) [GG No 8 of 11.1.1991] (NSW)

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1991—No. 10

MOTOR DEALERS ACT 1974—REGULATION
(Relating to proceedings for offences, warranties and forms)
NEW SOUTH WALES

[Published in Gazette No. 8 of 11 January 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Motor Dealers Act 1974, has been pleased to make the Regulation set forth hereunder.

G. B. PEACOCKE
Minister for Business and Consumer Affairs.

Commencement

1. Clause 2 (b) and (c) commence on 1 March 1991.

Amendments

2. The Motor Dealers Regulation 1986 is amended:

(a)	by omitting clause 45 (b) and by inserting instead the following paragraph:

(b)

the persons holding the following positions in Business and Consumer Affairs:
Managing Director.
Director, Trading Standards.
Deputy Director, Legal and Policy.

(b) by inserting after clause 45 the following clause:

Amendment of Schedule 1 to the Act—variation of warranty for certain motor cycles
44. In pursuance of section 27 of the Act, item 8 in Schedule 1 to the Act is mended by omitting the words "sold at a cash price of or over $1,500" and by inserting instead the words "that has been driven for not more than 30,000 km and was manufactured not more than 5 years before the time it is sold by dealer".

(c)

by omitting Forms 3 and 5 in Schedule 1 to the Regulation and by inserting instead the following forms:
FORM 3
FORM 5
EXPLANATORY NOTE

The object of this Regulation is:

(a) to prescribe officers who can authorise persons to take and prosecute proceedings for an offence against the Motor Dealers Act 1974 or the regulations under that Act; and
(b) by amending Schedule 1 to the Motor Dealers Act 1974, to require a dealer, in certain circumstances, to repair defects in a second-hand motor cycle that has been driven for not more than 30,000 km and was manufactured not more than 5 yeas before its sale by the dealer (in substitution for a warranty based on the sale price of the motor cycle); and
(c) to replace forms concerning warranties and excluded defects with respect

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Motor Dealers Act 1974 - Regulation relating to proceedings for offences, warranties and forms (1991-10) [GG No 8 of 11.1.1991] (NSW)

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(a)	to prescribe officers who can authorise persons to take and prosecute proceedings for an offence against the Motor Dealers Act 1974 or the regulations under that Act; and
(b)	by amending Schedule 1 to the Motor Dealers Act 1974, to require a dealer, in certain circumstances, to repair defects in a second-hand motor cycle that has been driven for not more than 30,000 km and was manufactured not more than 5 yeas before its sale by the dealer (in substitution for a warranty based on the sale price of the motor cycle); and
(c)	to replace forms concerning warranties and excluded defects with respect