Motor Dealers Amendment (Fees) Regulation 2003 (NSW)

2003 No 134

New South Wales

Motor Dealers Amendment (Fees)

Regulation 2003

under the

Motor Dealers Act 1974

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Motor Dealers Act 1974.

JOHN AQUILINA, M.P., Minister for Fair Trading

Explanatory note
The object of this Regulation is to amend the Motor Dealers Regulation 1999 in connection with the application to licences under the Motor Dealers Act 1974 of the Licensing and Registration (Uniform Procedures) Act 2002. In particular, this Regulation sets out the various fees payable in connection with such licences and omits an obsolete provision.

This Regulation is made under the Motor Dealers Act 1974, including section 57 (the general power to make regulations) and sections 12 and 20.

Published in Gazette No 45 of 14 February 2003, page 1623	Page 1
2003 No 134
Clause 1	Motor Dealers Amendment (Fees) Regulation 2003

Motor Dealers Amendment (Fees) Regulation 2003

under the

Motor Dealers Act 1974

1      Name of Regulation

This Regulation is the Motor Dealers Amendment (Fees) Regulation

2003.

2 Commencement

This Regulation commences on 28 February 2003.

3 Amendment of Motor Dealers Regulation 1999

The Motor Dealers Regulation 1999 is amended as set out in

Schedule 1.

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2003 No 134

Motor Dealers Amendment (Fees) Regulation 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clauses 60 and 61

Omit the clauses. Insert instead:

60 Fees

(1)

The fees payable for the purposes of the Act are listed in
Column 1 of Schedule 1.

(2)

The amount of each fee is to be calculated by adding together the various components set out in Columns 2, 3, 4 and 5 of Schedule 1 in relation to that fee.

(3)

An amount specified in relation to an application fee in Column 2 of Schedule 1 under the heading Processing component is taken to be a fee to cover the costs incurred by the Director-General in processing the application.

Note. This amount is consequently a processing fee for the purposes of Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002.

(4)

If payment of an amount specified in relation to an annual fee in Column 2 of Schedule 1 under the heading Processing component is made by means of electronic communication (within the meaning of the Licensing and Registration (Uniform Procedures) Act 2002), the fee otherwise payable:

(a)	is to be reduced by $5, or
(b)	is to be reduced by 10 per cent, and rounded to the nearest whole dollar,

whichever results in the greater reduction.

(5)

For the purposes of section 39 (3) of the Act, the proportions in which fees for dealers’ licences and car market operators’ licences are to be distributed between the Motor Dealers Compensation Fund and the Consolidated Fund are as set out in Column 5 of Schedule 1 (in relation to the Compensation Fund) and Columns 2, 3 and 4 of Schedule 1 (in relation to the Consolidated Fund), respectively.

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2003 No 134

Motor Dealers Amendment (Fees) Regulation 2003

Schedule 1 Amendments

61 Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002

Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 is modified in such a manner that sections 24 (2) and 25 of that Act do not apply in relation to a licence.

[2]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clause 60)

Column 1	Column 2	Column 3	Column 4	Column 5 Compensation
Nature of fee	Processing	Fixed	Variable	Fund
payable	component	component	component	contribution
Application fee	$150	nil	$227 per place	$649 per place of
for granting or	of business	business
restoration of dealer’s licence (general)
Annual fee	$50	nil	$227 per place	$94 per place of
under section 20	of business	business
(1) of the Act for dealer’s licence (general)
Application fee	$150	nil	$227 per place	$649 per place of
for granting or	of business	business
restoration of dealer’s licence (motor cycles)
Annual fee	$50	nil	$227 per place	$94 per place of
under section 20	of business	business
(1) of the Act for dealer’s licence (motor cycles)

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2003 No 134

Motor Dealers Amendment (Fees) Regulation 2003

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4	Column 5 Compensation
Nature of fee	Processing	Fixed	Variable	Fund
payable	component	component	component	contribution
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of dealer’s licence (caravans)
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for dealer’s licence (caravans)
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of dealer’s licence (trailers)
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for dealer’s licence (trailers)
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of dealer’s licence (commercial vehicles)
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for dealer’s licence (commercial
vehicles)

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2003 No 134

Motor Dealers Amendment (Fees) Regulation 2003

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4	Column 5 Compensation
Nature of fee	Processing	Fixed	Variable	Fund
payable	component	component	component	contribution
Application fee	$150	nil	$227 per place	$649 per place of
for granting or	of business	business
restoration of car market operator’s licence
Annual fee	$50	nil	$227 per place	$94 per place of
under section 20	of business	business
(1) of the Act for car market operator’s licence
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of auto dismantler’s licence
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for auto dismantler’s licence
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of wholesaler’s licence

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2003 No 134

Motor Dealers Amendment (Fees) Regulation 2003

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4	Column 5 Compensation
Nature of fee	Processing	Fixed	Variable	Fund
payable	component	component	component	contribution
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for wholesaler’s licence
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of motor vehicle parts
reconstructor’s licence
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for motor vehicle parts reconstructor’s licence
Application fee	$150	nil	$227 per place	nil
for granting or	of business
restoration of motor vehicle consultant’s
licence
Annual fee	$50	nil	$227 per place	nil
under section 20	of business
(1) of the Act for motor vehicle consultant’s licence

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2003 No 134

Motor Dealers Amendment (Fees) Regulation 2003

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4	Column 5 Compensation
Nature of fee	Processing	Fixed	Variable	Fund
payable	component	component	component	contribution
Late fee under	nil	$45	nil	nil
section 20 (6) of the Act
Application fee	$23	nil	nil	nil
for replacement of licence
Issue of	nil	$18	nil	nil
certificate under section 18 of the Act

BY AUTHORITY

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