Motor Dealers and Repairers Act 2013 (NSW)
Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)
An Act with respect to the licensing and conduct of motor dealers, motor vehicle repairers, motor vehicle recyclers and motor vehicle repair tradespersons; to repeal the Motor Dealers Act 1974 and the Motor Vehicle Repairs Act 1980; and for other purposes.
This Act is the Motor Dealers and Repairers Act 2013.
This Act commences on a day or days to be appointed by proclamation, except as provided by this section.
Part 6 and clause 11 of Schedule 2 commence on the date of assent to this Act.
The objects of this Act are as follows—
(a) to provide consumer protections and remedies for consumers who purchase motor vehicles from motor dealers or obtain motor vehicle repair services,
(b) to establish appropriate standards of conduct and transparency for motor dealers, motor vehicle repairers and motor vehicle recyclers,
(c) to provide enforcement mechanisms to prevent misleading or dishonest conduct and illegal dealings with motor vehicles and parts,
(d) to provide protection for motor dealers against unfair contract dealings by motor vehicle manufacturers.
In this Act—
(a) the provision of credit (within the meaning of the National Credit Code), whether or not that Code applies to the provision of that credit,
(b) the letting of motor vehicles to other persons for periods of 3 months or more without an option to purchase,
(c) any other purpose prescribed by the regulations.
(a) a motor dealer’s licence,
(b) a motor vehicle repairer’s licence,
(c) a motor vehicle recycler’s licence,
(d) a tradesperson’s certificate.
(a) any description of vehicle on wheels, other than a vehicle used on a railway or tramway or an aircraft,
(b) any description of tracked vehicle, or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway.
Section 9 exempts certain motor vehicles from this Act.
(a) buying or obtaining motor vehicles or parts or accessories of motor vehicles and demolishing or dismantling the motor vehicles or parts or accessories,
(b) buying and selling major body and mechanical components of motor vehicles, major car accessories and parts or accessories of motor vehicles prescribed by the regulations for the purposes of this definition.
(a) the website with the URL or
(b) another website used by the Secretary to provide public access to information for this Act.
(a) is the sole owner, joint owner or part owner of the motor vehicle, or
(b) has possession or use of the motor vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the motor vehicle to be registered in the name of someone else.
(a) an individual who is an applicant for a licence, or
(b) the officers of a body corporate that is an applicant for a licence.
(a) the Commissioner for Fair Trading within the department in which this Act is administered, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the department in which this Act is administered.
(a) is built to be towed, or is towed, by a motor vehicle, and
(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle,
whether or not its movement is aided by some other power source, but does not include a motor vehicle being towed or a trailer having a tare weight of 250 kilograms or less.
In this Act, a reference to buying a thing includes buying that thing as a principal or agent.
Notes included in this Act do not form part of this Act.
A
A person who carries on the business of assembling or manufacturing motor vehicles is not a motor dealer merely because the person sells any of those motor vehicles to a motor dealer or a financier.
A financier is not a motor dealer.
A motor vehicle broker is not a motor dealer.
A person does not carry on the business of a motor dealer merely because the person sells a trailer for the conveyance of a boat sold by the person.
In this Act,
In this Act,
A person is not a motor vehicle repairer if the person carries out repair work only in the course of employment with another person or on the person’s own motor vehicle.
This Act does not apply to any part of the business of a motor vehicle repairer that involves repairs that are not repair work.
In this Act, a reference to a person
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in the business of the applicant or licence holder that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the management or operation of that business, or
(b) holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the business of the applicant or licence holder that is or will be carried on under the authority of the licence, or
(c) is or will be engaged as a contractor or employed in the business of the applicant or licence holder that is or will be carried on under the authority of the licence.
For the purposes of this section, a financial institution is not a close associate merely because it has a relevant financial interest in relation to a business.
The provisions of this section extend to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law or equity, but are nevertheless payable, exercisable or otherwise enforceable as a matter of fact.
In this section—
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or
(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of the premises at which the business is carried on to receive rent as lessor of the premises).
(a) the position of director, manager or secretary, or
(b) any other position, however designated, if it is an executive position.
(a) to participate in any directorial, managerial or executive decision, or
(b) to elect or appoint any person to any relevant position.
This Act does not apply to the following motor vehicles—
(a) a crane, hoist or conveyor,
(b) an excavator, road grader, road roller, bulldozer or forklift truck or other machinery (other than a tractor), that is not constructed on a chassis of a type normally used in the construction of a truck,
(c) a motor vehicle that is constructed or adapted for road construction or maintenance (including cleaning, sweeping or watering).
Other motor vehicles, persons or other things may be exempted from provisions of this Act by the regulations (see section 186 (2) (a)).
This Act is intended to have extraterritorial application to the extent the legislative powers of the State permit.
Because of the Mutual Recognition Act and subject to that Act—
(a) this Act applies to—
(i) an interstate motor dealer in the same way it applies to the holder of a motor dealer’s licence, and
(ii) an interstate motor vehicle repairer in the same way it applies to the holder of a motor vehicle repairer’s licence, and
(iii) an interstate motor vehicle recycler in the same way it applies to the holder of a motor vehicle recycler’s licence, and
(iv) an interstate tradesperson in the same way it applies to the holder of a tradesperson’s certificate, and
(b) a reference to a licence includes a reference to the automatic deemed registration of the following—
(i) an interstate motor dealer,
(ii) an interstate motor vehicle repairer,
(iii) an interstate motor vehicle recycler,
(iv) an interstate tradesperson.
This Act must, as far as practicable, be interpreted in a way that is compatible with—
(a) the Mutual Recognition Act, and
(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
In this section—
In this Division—
A person must not carry on, or advertise that the person carries on or is willing to carry on, the business of a motor dealer unless—
(a) the person is the holder of a motor dealer’s licence, and
(b) the business is carried on or proposed to be carried on at a place for which the licence is granted, and
(c) the business is carried on or proposed to be carried on in accordance with the licence.
Maximum penalty—1,000 penalty units or, in the case of a second or subsequent offence, 1,000 penalty units or imprisonment for 12 months, or both.
A regulation may exempt a person or class of persons from this section in relation to the offer or display for sale of a motor vehicle at a declared trade show.
The exemption may be subject to conditions imposed by—
(a) a regulation, or
(b) the Secretary by notice published on the NSW Fair Trading website.
In this section—
A person must not carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle repairer unless—
(a) the person is the holder of a motor vehicle repairer’s licence, and
(b) the business is carried on or proposed to be carried on at a place for which the licence is granted, and
(c) the business is carried on or proposed to be carried on in accordance with the licence.
Maximum penalty—1,000 penalty units or, in the case of a second or subsequent offence, 1,000 penalty units or imprisonment for 12 months, or both.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 159.
A person must not carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle recycler unless—
(a) the person is the holder of a motor vehicle recycler’s licence, and
(b) the business is carried on or proposed to be carried on at a place for which the licence is granted, and
(c) the business is carried on or proposed to be carried on in accordance with the licence.
Maximum penalty—1,000 penalty units or, in the case of a second or subsequent offence, 1,000 penalty units or imprisonment for 12 months, or both.
A person is not guilty of an offence under this Division relating to the carrying on of a business if the person carries on a business in partnership with another person and the other person complies with the requirements of this Division for that business.
A motor vehicle repairer must not, in the course of business, enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence.
Maximum penalty—50 penalty units.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 159.
The owner of a transport service vehicle or other person having control of a transport service vehicle must not, in the course of business, enter into an agreement for any repair work to be done on the vehicle by a person who is not the holder of a motor vehicle repairer’s licence.
Maximum penalty—
(a) for an individual—50 penalty units, or
(b) for a body corporate—250 penalty units.
An offence against subsection (1A) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 159.
An insurer of a motor vehicle must not—
(a) enter into an agreement, or require the owner of the motor vehicle to enter into an agreement, for any repair work to be done on the motor vehicle by any person who does not hold a motor vehicle repairer’s licence, or
(b) specify in the contract of insurance for the motor vehicle a motor vehicle repairer who does not hold a motor vehicle repairer’s licence.
Maximum penalty—50 penalty units.
This section does not apply to a contract of employment or other agreement for the provision of services as a contractor.
A motor vehicle repairer or a motor dealer must not permit an employee of the person to do any repair work unless the person doing the work—
(a) holds a tradesperson’s certificate for a class of repair work that includes that work, or
(b) is doing the work in the course of an apprenticeship or traineeship under the supervision of a person who holds a tradesperson’s certificate for a class of repair work that includes that work, or
(c) is doing the work in other circumstances prescribed by the regulations for the purposes of this section.
Maximum penalty—50 penalty units.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 159.
The owner of a transport service vehicle or other person having control of a transport service vehicle must not permit an employee of the owner or person to do repair work on the vehicle unless the person doing the work—
(a) holds a tradesperson’s certificate for a class of repair work that includes that work, or
(b) is doing the work in the course of an apprenticeship or traineeship under the supervision of a person who holds a tradesperson’s certificate for a class of repair work that includes that work, or
(c) is doing the work in other circumstances prescribed by the regulations for the purposes of this section.
Maximum penalty—
(a) for an individual—50 penalty units, or
(b) for a body corporate—250 penalty units.
An offence against subsection (1A) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 159.
A motor vehicle repairer or a motor dealer must not personally do any repair work in the course of the repairer’s or dealer’s business unless the repairer or dealer holds a tradesperson’s certificate for a class of repair work that includes that work.
Maximum penalty—50 penalty units.
A person must not hold himself or herself out as the holder of a licence if the person is not the holder of such a licence.
A person must not hold himself or herself out as a person who is authorised to do a class of repair work if the person is not the holder of a tradesperson’s certificate authorising that class of repair work.
Maximum penalty—50 penalty units.
The holder of a tradesperson’s certificate must not—
(a) transfer, attempt to transfer or lend the certificate to another person, or
(b) allow the use of the certificate by another person.
Maximum penalty—50 penalty units.
A person must not—
(a) attempt to obtain the transfer to the person of a tradesperson’s certificate, or
(b) attempt to borrow, or borrow or use, a tradesperson’s certificate of which the person is not the holder.
Maximum penalty—20 penalty units.
The holder of a motor dealer’s licence, motor vehicle repairer’s licence or motor vehicle recycler’s licence must not, without reasonable excuse, fail to comply with a request to produce the licence to an authorised officer.
The holder of a tradesperson’s certificate must not, without reasonable excuse, at any place where the holder does repair work, fail to comply with a request to produce the certificate to an authorised officer.
Maximum penalty—20 penalty units.
A motor dealer must ensure the motor dealer’s licence number is displayed, in accordance with subsection (2), on—
(a) the website of the motor dealer, whether or not the dealer is an online motor dealer, and
(b) all advertising material distributed or displayed by the motor dealer.
Maximum penalty—20 penalty units.
For subsection (1), the motor dealer’s licence number must be—
(a) displayed in a reasonably prominent position on—
(i) the website, and
(ii) advertising material, and
(b) clearly legible, and
(c) identified as the licence number of the motor dealer.
In this section—
The Secretary may grant the following licences—
(a) a motor dealer’s licence,
(b) a motor vehicle repairer’s licence,
(c) a motor vehicle recycler’s licence,
(d) a tradesperson’s certificate.
The Secretary may grant a specialised authority to authorise the holder of the authority to carry out work of a class prescribed by the regulations.
The regulations may exclude work of a kind described in the regulations from the class of work that may be carried out by the holder of a specialised authority.
For the purposes of this Act, a specialised authority is a type of tradesperson’s certificate.
This section applies to the following—
(a) motor dealers’ licences,
(b) motor vehicle repairers’ licences,
(c) motor vehicle recyclers’ licences.
An application for a licence to which this section applies must include the following—
(a) the address of premises the applicant intends to use for the purpose of carrying on the business to be authorised by the licence,
(a1) if the applicant intends to be an online motor dealer—the URL of the applicant’s proposed online motor dealer’s website,
(b) in the case of an application for a motor vehicle repairer’s licence where the applicant intends to carry on the business only from a vehicle—
(i) the address of the premises at which the vehicle is to be kept, and
(ii) the registration details of that vehicle,
(c) if a planning approval is required to use the premises for that purpose—information demonstrating, to the satisfaction of the Secretary, that the required planning approval is in force.
The holder of a licence to which this section applies must notify the Secretary in the approved form, at least 20 business days before using the relevant premises, URL or vehicle, of any changes to the details provided in accordance with subsection (2).
The holder of a licence must notify the Secretary in the approved form, within 20 business days after the relevant event, if—
(a) the holder ceases to carry on a business authorised by the licence at notified premises, or
(b) the holder does not intend to carry on a business authorised by the licence at notified premises.
Maximum penalty—20 penalty units.
If an applicant intends to be an online motor dealer, the applicant must include the addresses of the following premises under subsection (2)(a)—
(a) premises intended for storage, including the storage of—
(i) motor vehicles, or
(ii) records,
(b) premises intended for use as an office,
(c) premises of a kind prescribed by a regulation.
Nothing in this section requires the holder of a licence to notify the Secretary of an intention to carry on a business authorised by the licence at a trade show.
It is an offence under the Crimes Act 1900, Part 5A to knowingly provide false or misleading information or to knowingly produce documents that are false or misleading in purported compliance with a law of the State.
Part 2 (other than section 10) of the Licensing and Registration (Uniform Procedures) Act
2002 (the
A licence may be amended under the Licensing Act.
(Repealed)
The regulations may make provision for or with respect to such matters concerning a licence as are relevant to Part 2 of the Licensing Act.
The Licensing Act sets out procedures for the making of applications for licences and the granting, renewal and replacement of licences. It also provides for the provision of further information by applicants for licences, the withdrawal of applications and the grant and refusal of applications.
(Repealed)
A person may hold 2 or more different licences under this Act.
The Secretary may, by notice in writing given to a licence holder (a
(a) the licence was granted, renewed or restored because of a misrepresentation made by the holder, or
(b) the licence was granted, renewed or restored in error (whether as a result of a misrepresentation by the holder or not).
A cancellation notice takes effect on the day that it is given to the licence holder or on a later day specified in the notice.
The Secretary may, by further notice given to the licence holder (a
(a) the licence holder acted in good faith, or
(b) the error has been rectified, or
(c) the licence should be restored.
A restoration notice takes effect on the day that it is given to the licence holder, or on a later day specified in the notice.
The Secretary may make any inquiries that the Secretary considers necessary in relation to an application for a licence.
The Commissioner of Police must, at the request of the Secretary, investigate an application for a licence and, as soon as practicable after completing the investigation, report to the Secretary on the investigation.
An application for a licence is to be accompanied by the fee prescribed by the regulations for the application.
This section applies to motor dealers’ licences, motor vehicle repairers’ licences and motor vehicle recyclers’ licences.
The Secretary must not grant a licence to an individual if the Secretary is satisfied of any of the following—
(a) that the applicant is not over the age of 18,
(b) that the applicant is not a fit and proper person to hold a licence,
(c) that the applicant is a controlled member of a declared organisation,
Note. Controlled members are prohibited from applying for licences—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.
(d) that the applicant is an undischarged bankrupt,
(e) that the applicant does not have the required qualifications or experience for the licence,
(f) that the applicant has (as an adult) been found guilty, within the preceding 10 years, of a motor vehicle stealing offence.
The Secretary must not grant a licence to an applicant that is a body corporate if the Secretary is satisfied of any of the following—
(a) a director or person involved in the management of the body corporate, or any other person who appears to the Secretary to have control or substantial control of the body corporate, would, if the director or person applied for the licence as an individual, be prohibited by this section from being granted the licence,
(b) the officers of the body corporate do not have the required qualifications or experience for the licence,
(c) the reputation of the body corporate is such that it is not a fit and proper person to hold a licence.
The Secretary must not grant a licence to any applicant, if the Secretary is satisfied of any of the following—
(a) that the applicant is not likely to carry on the business for which the licence is sought honestly and fairly,
(b) that the carrying on of the business at any place to which the application for the licence relates is unlawful for any reason.
The Secretary may refuse to grant a licence to an applicant if the Secretary is satisfied of any of the following—
(a) that a close associate of the applicant is not a fit and proper person to hold a licence,
(b) that there is another licence in force in relation to the whole or a part of a place of business to which the application for the licence relates.
In this Act—
(a) stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the Crimes Act 1900), or
(b) receiving, or unlawful possession of, a motor vehicle within the meaning of Division 5A of Part 4 of the Crimes Act 1900 or a motor vehicle part.
Section 18 of the Licensing and Registration (Uniform Procedures) Act 2002 contains the power to determine a licence application.
The Secretary must not grant a tradesperson’s certificate to an individual if the Secretary is satisfied of any of the following—
(a) that the applicant is not a fit and proper person to hold a licence,
(b) that the applicant does not have the required qualifications or experience for the class of repair work for which the certificate is sought,
(c) that the applicant is an apprentice or trainee.
(Repealed)
In determining whether a person is a fit and proper person to hold a motor dealer’s licence, a motor vehicle repairer’s licence or a motor vehicle recycler’s licence, the Secretary may have regard to any of the following—
(a) whether the applicant has, in the preceding 10 years, been found guilty of an offence involving fraud or dishonesty (whether in this State or elsewhere),
(b) whether proceedings for such an offence have been commenced against the applicant but have not been finally determined,
(c) whether the applicant has been convicted of an offence against this Act or the regulations or another Act administered by the Minister,
(d) whether the applicant has failed to pay any contribution or other payment required to be paid by the applicant to the Compensation Fund under this Act.
An applicant is not a fit and proper person to be the holder of any licence if the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that—
(a) the applicant is a member of, or regularly associates with one or more members of, a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and
(b) the nature and circumstances of the applicant’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a licence.
The Secretary is not, under this or any other Act or law, required to give any reasons for refusing an application for a licence or taking disciplinary action against a person because of subsection (2) to the extent that the giving of those reasons would disclose any criminal intelligence.
This section does not limit the grounds on which the Secretary may determine that a person is not a fit and proper person to hold a licence.
(Repealed)
A tradesperson’s certificate is to specify the class or classes of repair work authorised by the certificate.
A licence is subject to any conditions imposed by the Secretary (when the licence is granted or at any later time) or that are prescribed by the regulations.
Without limiting subsection (1), the Secretary may impose a condition that the holder of a licence carry on a business authorised by the licence only at premises specified by the Secretary in writing to the licence holder.
The Secretary may at any time, on the Secretary’s own motion or on the application of the holder of a licence, by notice in writing to the holder, revoke or vary a condition of the licence imposed by the Secretary.
An application for a licence or for renewal of a licence is to nominate one of the following terms of duration for the licence (the
(a) 1 year,
(b) 3 years,
(c) 5 years.
The Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.
If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.
If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.
The suspension of a licence does not affect the term of the licence.
This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018.
An application for the restoration of a licence must be made—
(a) within 3 months of the expiry of the licence, or
(b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.
Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—
(a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or
(b) it is just and equitable to restore the licence.
A licence that has been cancelled must not be restored.
An application for the restoration of a licence must—
(a) be made in the approved form (if any), and
(b) be accompanied by the fee prescribed by the regulations, and
(c) nominate a term of duration for the licence.
A licence restored at any time is taken to have been restored from the day on which the licence expired.
Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.
An application to amend a licence may seek to add or remove a class of repair work from a tradesperson’s certificate.
An application to amend a licence is to be accompanied by the fee, if any, prescribed by the regulations.
The Secretary may refuse to grant an application to amend a licence on any ground on which the Secretary may refuse to grant a licence in the terms of the proposed amended licence.
A licence holder may surrender the licence by giving it to the Secretary with a notice in writing that the licence is surrendered.
If a licence that is to be surrendered has been lost or destroyed, it is sufficient for this section if the notice in writing sets out that fact.
The surrender of a licence by the licence holder after the issue of a show cause notice under Division 2 of Part 3 does not affect the taking of any disciplinary action by the Secretary under that Division. For that purpose, the licence is taken not to have been surrendered.
The Secretary may issue a duplicate licence on payment of the fee prescribed by the regulations if the Secretary is satisfied that the licence has been lost or destroyed.
The Secretary must cancel a person’s licence if the Secretary would be required under section 25 to refuse an application for a licence by the person.
If the Secretary cancels a person’s licence under subsection (1), the Secretary must, by written notice given to the person, inform the person the licence has been cancelled under this section.
The notice must—
(a) set out the reasons for the cancellation, and
(b) specify the date, not earlier than the date the notice is given to the person, on which the cancellation takes effect.
The cancellation takes effect on the date specified in the notice.
The grounds on which disciplinary action may be taken against a licence holder or a former licence holder are as follows—
(a) the person has contravened, or the Secretary has reasonable grounds to believe that the person is likely to contravene, a provision of this Act or the regulations or of any other Act administered by the Minister,
(b) the person has contravened, or the Secretary has reasonable grounds to believe that the person is likely to contravene, a condition of the person’s licence,
(c) the person is no longer a fit and proper person to hold a licence,
(d) if the person were not a licence holder, the Secretary would be required by this Act to refuse an application by the person for the licence,
(e) the Secretary considers, in the light of evidence available to the Secretary, that the person is probably receiving or dealing in stolen goods,
(f) the licence may have been improperly obtained or, when it was granted, there may have been grounds for refusing to grant it.
Disciplinary action must not be commenced against a former licence holder more than 5 years after the person last ceased to be a licence holder.
Disciplinary action may also be taken against the holder or a former holder of a motor dealer’s licence, a motor vehicle repairer’s licence or a motor vehicle recycler’s licence on the following grounds—
(a) the business authorised by the licence has not been conducted in accordance with standards for the supply of goods and services established under the Australian Consumer Law (NSW),
(b) the business authorised by the licence has been carried on in a dishonest or unfair manner,
(c) the person has not, for a period of 1 month or more, carried on business at notified premises,
(d) in the case of the holder or the former holder of a motor dealer’s licence or motor vehicle recycler’s licence, the person has contravened section 73 (1) or (3) of the Road Transport Act 2013 or the statutory rules made under Part 4.5 of that Act,
(e) in the case of the holder or the former holder of a motor vehicle repairer’s licence, the person has contravened, or the Secretary has reasonable grounds to believe that the person is likely to contravene, section 98 of the Road Transport Act 2013 or the statutory rules made under Part 4.5 of that Act,
(f) in the case of the holder or the former holder of a motor dealer’s licence, there has been undue delay, or unreasonable refusal, on the part of the person in paying, applying or accounting for trust money as required by or under Division 6 of Part 4,
(g) in the case of the holder or the former holder of a motor dealer’s licence, there are reasonable grounds for believing that there is a deficiency in a trust account of the motor dealer maintained under Division 6 of Part 4,
(h) the person has failed to comply with a rectification order made against the person under Division 2 of Part 5,
(i) the person is contravening another law by carrying on business at a place of business to which the licence relates,
(j) in the case of a body corporate, the body corporate—
(i) is in the course of being wound up, is a body corporate in respect of which a receiver or other controller has been appointed or has entered into a compromise or scheme of arrangement with its creditors, or
(ii) may, for any other reason, be unable to or be likely to become unable to meet its liabilities.
Disciplinary action may be taken under this division against an individual who is a member of a partnership or an officer of a body corporate that is the holder of a licence if the holder of the licence has engaged in improper conduct.
The reference in subsection (1) to an individual who is a member of a partnership includes a reference to an individual who is an officer of a body corporate that is a member of a partnership.
It is a sufficient response to the show cause notice given to the individual under section 41 if the individual’s submissions to the Secretary satisfy the Secretary that—
(a) the improper conduct occurred without the individual’s knowledge, or
(b) the individual was not in a position to influence the conduct of the other members of the partnership or other officers of the body corporate, of which the individual was a member or an officer, to prevent the improper conduct, or
(c) the individual, being in the position, used all due diligence to prevent the occurrence of the improper conduct.
In this section—
Disciplinary action may also be taken against the holder of a tradesperson’s certificate on the ground that the person is not competent to do repair work of a class to which the certificate relates.
The Secretary may give a show cause notice to a person if the Secretary is of the opinion that there are reasonable grounds to believe that there are grounds for taking disciplinary action against the person.
A show cause notice is a notice requiring a person to show cause why disciplinary action should not be taken against the person under this Act on the grounds specified in the notice.
A show cause notice is to be in writing and is to specify a period of not less than 14 days after the notice is given as the period that the person to whom the notice is directed has to show cause as specified in the notice.
The person to whom a show cause notice is given may, within the period allowed by the notice, make oral or written submissions to the Secretary in respect of the matters to which the notice relates. In the case of a corporation, submissions may be made by a director or officer of the corporation.
Except as otherwise provided by this Act, the Secretary must not take disciplinary action against a person unless the person has been given a show cause notice and the Secretary has considered any submissions made in accordance with the show cause notice.
When a show cause notice is given to a person, the Secretary may by notice in writing to the person suspend the person’s licence pending a determination by the Secretary of whether to take disciplinary action under this Act against the person.
The Secretary may suspend a licence under this section only if satisfied that the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the licence.
The suspension must not be for a period of more than 60 days after the show cause notice is given.
The Secretary is not required to give a person an opportunity to be heard before taking action against the person under this section.
The Secretary can revoke a suspension under this section at any time by notice in writing to the suspended person.
This section does not limit or otherwise affect any power to suspend a licence under section 79A of the Fair Trading Act 1987.
The Secretary may, if the Secretary thinks fit, conduct inquiries and carry out investigations in relation to the matters to which a show cause notice relates and the submissions, if any, made by or on behalf of the person to whom the show cause notice relates.
The Secretary may at any stage of a matter that is the subject of consideration under this Part decide to take no further action whether or not the matter is the subject of a complaint or a show cause notice and whether or not the Secretary determines that there are grounds for taking disciplinary action in connection with the matter.
This section does not apply to any circumstances in which this Division requires the licence of a person to be cancelled.
The Secretary may take any of the following
(a) reprimand the person,
(b) direct the person to take specified action within a specified time in connection with the conduct of a business or the exercise of functions under a licence,
(c) suspend the person’s licence for a period not exceeding the unexpired term of the licence,
(d) impose a condition on the person’s licence,
(d1) require the person to pay to the Secretary the following within a specified time—
(i) for an individual—an amount up to $11,000,
(ii) for a body corporate—an amount up to $50,000,
(e) without limiting paragraph (b), require a licence holder to make a contribution to the Compensation Fund of a specified amount or indemnify the Fund to the extent specified by the Secretary in the event of a particular contingency arising from the licence holder’s activities,
(f) disqualify the person, either permanently or for a specified period, from being a licence holder or involved in the direction, management or conduct of a business for which a licence is required,
(g) cancel a licence.
The disciplinary action is to be taken by order in writing given to the person against whom the action is being taken. The order must specify the date on which the order takes effect.
The Secretary must cancel a licence if the Secretary disqualifies the licence holder from being the holder of a licence.
The Secretary must not require a person to pay an amount under subsection (1)(d1)—
(a) in relation to grounds for disciplinary action mentioned in section 38(1)(c)–(f), 39(j) or 40, or
(b) if the person has been found guilty of an offence in relation to the grounds specified in the show cause notice given to the person.
The Secretary must cancel a licence under this Division if the Secretary is satisfied that there are any of the following grounds for taking disciplinary action against the licence holder—
(a) the licence holder (other than the holder of a tradesperson’s certificate) has (as an adult) been found guilty, within the preceding 10 years, of a motor vehicle stealing offence,
(b) the licence holder is not a fit and proper person to hold a licence.
Note. Section 27 sets out the criteria for determining whether a person is a fit and proper person to hold a licence.
A person who is disqualified under this Division from being involved in the direction, management or conduct of a business must not act contrary to the disqualification.
Maximum penalty—200 penalty units.
The holder or former holder of a licence suspended or cancelled under this Division must not, without reasonable excuse, fail to return the licence to the Secretary within 7 days of the suspension or cancellation taking effect.
Maximum penalty—50 penalty units.
The holder of a motor dealer’s licence must not offer or display a motor vehicle for sale at a place other than notified premises.
Maximum penalty—50 penalty units.
For the purposes of this section, notified premises do not include a road or footpath in the immediate vicinity of the premises.
A person is not guilty of an offence against this section if a motor vehicle is offered or displayed for sale at a trade show.
A person is not guilty of an offence against this section if a motor vehicle is offered or displayed for sale at another place in response to an unsolicited request made by a person to the motor dealer to display the motor vehicle at the other place or to carry out all or part of the transactions relating to the sale or purchase of the motor vehicle at that other place.
A person is not guilty of an offence against this section if a motor vehicle is displayed for sale at another place if—
(a) the person is an online motor dealer, and
(b) the place is a place agreed to under section 66C(1)(b).
A motor dealer who sells a motor vehicle to another person and who fails to disclose to that person the fact that the motor dealer is a motor dealer is guilty of an offence.
An employee or agent of a motor dealer who sells a motor vehicle to another person in that capacity is guilty of an offence if the employee or agent fails to disclose to the person the fact that the sale is being made by or on behalf of a motor dealer.
This section does not apply to the sale of a motor vehicle to a motor dealer, a motor vehicle recycler or a financier.
Maximum penalty—50 penalty units.
A representation made in the course of a motor dealer’s business by an employee or agent of the motor dealer about a motor vehicle offered or displayed for sale by the motor dealer is taken, for the purposes of this Act and the regulations, to have been made by the motor dealer.
If a provision of this Part requires a motor dealer to do a thing in relation to the sale or proposed sale of a motor vehicle, the motor dealer is taken to have complied with that provision if the thing is done on behalf of the motor dealer by an employee or agent of the motor dealer.
A person must not, in connection with offering or displaying a motor vehicle for sale or the sale of a motor vehicle, make a false representation of a kind specified in subsection (2) knowing it to be false or misleading.
Maximum penalty—20 penalty units.
The false representations are as follows—
(a) a representation that the year of manufacture of the motor vehicle is a year other than the actual year of manufacture of the motor vehicle,
(b) a representation that the year in which the motor vehicle was first registered is a year other than the year in which the motor vehicle was actually first registered,
(c) a representation that the model designation of the motor vehicle is a model designation other than the actual model designation of the motor vehicle.
This section does not affect the operation of Part 5 of the Fair Trading Act 1987 (as in force before its repeal by the Fair Trading Amendment (Australian Consumer Law) Act 2010), or Part 4-1 of the Australian Consumer Law (NSW). However, a person cannot be prosecuted in respect of the same matter for an offence under this section and either of those Parts.
A court that convicts a person of an offence under this section may, on its own motion or on application by the prosecutor or a person who purchased the motor vehicle relying on the false representation, order the convicted person to pay to the purchaser an amount determined by the court as being the amount of the difference between the sale price of the motor vehicle and its fair price at the time of the sale.
In this section—
A person must not—
(a) alter the reading on the odometer of a motor vehicle, or
(b) remove or replace the odometer of a motor vehicle, or
(c) render the odometer of a motor vehicle inoperative or inaccurate by any means.
Maximum penalty—500 penalty units.
It is presumed, in the absence of evidence to the contrary, that a defendant in proceedings for an offence under this section committed the offence if it is proved in those proceedings that—
(a) the defendant had possession of the motor vehicle, and
(b) at that time or soon after the motor vehicle ceased to be in the defendant’s possession, the odometer reading was less than the reading at the time the defendant acquired possession of the motor vehicle.
It is a defence in proceedings for an offence under this section if the defendant proves that—
(a) the action was not taken by the defendant with the intent of enhancing the apparent value of the motor vehicle for the purpose of sale, and
(b) the action was not taken by the defendant for any other fraudulent purpose.
Despite any other provision of this section, the holder of a motor vehicle repairer’s licence may repair or replace an odometer if—
(a) the holder notifies the Secretary in the approved form of the repair or replacement, and
(b) the reading on the repaired or replacement odometer is restored so that it shows an accurate reading for the motor vehicle.
Despite any other provision of this section, any person may repair or replace an odometer if the repair or replacement—
(a) is approved by the Secretary or a person prescribed by the regulations for the purposes of this section, and
(b) is in accordance with the approval.
An approval by the Secretary under subsection (5)(a) may be given subject to conditions, including in circumstances in which an odometer cannot be reset or has reached its operational limit.
A court that convicts a person of an offence under this section or section 53 may, on its own motion or on application by the prosecutor or a person who purchased the motor vehicle relying on the odometer reading of the motor vehicle, order the convicted person to pay to the purchaser an amount determined by the court as being the amount of the difference between the sale price of the motor vehicle and its fair price at the time of the sale.
A person must not possess a device capable of rendering the odometer of a motor vehicle inoperative or inaccurate.
Maximum penalty—500 penalty units.
A person must not fit to a motor vehicle a device capable of rendering the odometer of the motor vehicle inoperative or inaccurate.
Maximum penalty—500 penalty units.
It is a defence in proceedings for an offence under subsection (1) if the defendant—
(a) holds a motor vehicle repairer’s licence, and
(b) lawfully repairs or replaces the odometers of motor vehicles in the course of carrying on a business as a motor vehicle repairer.
A licence holder or any employee of a licence holder who suspects on reasonable grounds that the odometer reading of a motor vehicle in the licence holder’s possession may have been altered or be inaccurate must without unreasonable delay inform the Secretary of that suspicion.
Maximum penalty—50 penalty units.
This Division applies to or in respect of the sale by auction or otherwise of a motor vehicle.
This Division does not apply to or in respect of the following motor vehicle sales—
(a) a sale of a motor vehicle that was registered for the first time, or the registration of which was renewed, within 90 days of the sale concerned,
(b) a sale to a motor dealer, motor vehicle recycler or financier,
(c) a sale by a motor vehicle recycler of a substantially demolished or dismantled motor vehicle.
In this Division,
An inspection report is a
A person must not offer or display for sale, or sell, by auction a motor vehicle to which a number-plate is attached unless a current inspection report is attached to the vehicle in the manner prescribed by the regulations.
Maximum penalty—50 penalty units.
(Repealed)
A motor dealer must not sell a motor vehicle to which a number-plate is attached unless the motor dealer gives to the purchaser at or before the sale a current inspection report for the motor vehicle.
Maximum penalty—50 penalty units.
This section does not apply to a sale by auction.
A motor dealer must not sell a motor vehicle without a number-plate attached unless one of the following is displayed with the vehicle—
(a) a certificate or receipt for the surrender of the number-plates for the motor vehicle issued by Transport for NSW or by a person authorised by a law of another State or a Territory to issue the certificate or receipt,
(b) a declaration by the motor dealer in the approved form (if any) that sets out the reason for the absence of any number-plate and the lack of such a certificate or receipt.
Maximum penalty—50 penalty units.
This Division does not apply to or in respect of the following motor vehicle sales—
(a) a sale by bona fide auction,
(b) a sale to a motor dealer, motor vehicle recycler or financier,
(c) a sale by a motor vehicle recycler of a substantially demolished or dismantled motor vehicle,
(d) a sale to a motor vehicle recycler for the purpose of the motor vehicle being wholly or partly demolished or dismantled.
In this Act—
(a) that has been used only for a purpose connected with its manufacture or sale or for the purpose of demonstrating the motor vehicle, or a motor vehicle of that kind, to a potential purchaser, and
(b) that has not been sold to a person other than a motor dealer, and
(c) that has been registered only in the name of a motor dealer, a person on behalf of a motor dealer or another person in anticipation of the sale of the motor vehicle to that person.
If a provision of this Act requires a
(a) be in the form approved for the purposes of the provision that requires the dealer’s notice, and
(b) contain the particulars required to complete the form, but not contain particulars that are false or misleading in a material particular, and
(c) comply with any other requirements of the regulations.
If this Act requires more than one dealer’s notice to be attached or provided in the same circumstances, the required dealers’ notices must be combined in one notice.
A holder of a motor dealer’s licence is not liable for a contravention of a provision of this Act that requires the attachment to, or provision of a dealer’s notice for, a motor vehicle that is sold on behalf of the holder by another motor dealer.
A regulation may make further provision about dealers’ notices, including—
(a) the storage, including electronic storage, of dealers’ notices, and
(b) the production of dealers’ notices.
This section does not apply to any of the following—
(a) a demonstrator motor vehicle,
(b) a second-hand motor cycle,
(c) a second-hand trailer,
(d) a second-hand towable recreation vehicle.
A motor dealer must not offer or display for sale a second-hand motor vehicle unless a dealer’s notice is attached to the motor vehicle.
A motor dealer must not sell a second-hand motor vehicle unless—
(a) at or before the sale, the motor dealer and the purchaser sign the dealer’s notice required by this section, or a copy of the notice, and
(b) the motor dealer gives the purchaser the notice, or a copy, to keep.
Maximum penalty (subsections (2) and (3)): 50 penalty units.
In any proceedings for an offence under subsection (2), it is presumed in the absence of evidence to the contrary, that a second-hand motor vehicle found at a place at which a motor dealer is licensed to carry on business as a motor dealer is offered or displayed for sale, unless—
(a) the motor vehicle has attached to it, in the manner prescribed by the regulations, a notice in the approved form complying with the requirements of the regulations (if any) and specifying that the motor vehicle is not for sale, and
(b) the motor vehicle does not have any other notice attached to it, or any marking on it, that purports to be the price of the motor vehicle or otherwise suggests that the motor vehicle is being offered or displayed for sale.
A motor dealer must not sell a demonstrator motor vehicle, second-hand motor cycle, second-hand trailer or second-hand towable recreation vehicle unless—
(a) at or before the sale, the motor dealer and the purchaser sign a dealer’s notice, or a copy of the notice, and
(b) the motor dealer gives the purchaser the notice, or a copy, to keep.
Maximum penalty—50 penalty units.
This section does not apply to a second-hand motor vehicle.
A demonstrator motor vehicle is a second-hand motor vehicle.
A motor dealer must not sell a motor vehicle that the dealer knows is a damaged motor vehicle, or that the motor dealer would know on a reasonable inspection is a damaged motor vehicle, unless—
(a) at or before the sale, the motor dealer and the purchaser sign a dealer’s notice that contains particulars of the damage, or a copy of the notice, and
(b) the motor dealer gives the purchaser the notice, or a copy, to keep.
Maximum penalty—20 penalty units.
A motor vehicle is a
(a) the motor vehicle has suffered water damage,
(b) the body or frame of the motor vehicle has been damaged so that the replacement or repair of the whole or part of a panel, structural member or component of the motor vehicle is required to restore the motor vehicle to a reasonable condition,
(c) the body or frame of the motor vehicle has been damaged so that the replacement of not less than 4 major external panels (fittings excepted) fitted to the vehicle by means of bolts or other mechanical fastening devices is required to restore the motor vehicle to a reasonable condition.
In any proceedings for an offence against this Division in which it is alleged that a particular required to complete a dealer’s notice was not included, it is a defence if the defendant proves that—
(a) the motor vehicle concerned was brought into this State for the purpose of resale, and
(b) the particular was not known to the defendant and the defendant could not, with reasonable diligence, find out the particular.
In any proceedings for an offence against this Division in which it is alleged that a particular required to complete a dealer’s notice was false or misleading in a material particular, it is a defence if the defendant proves that—
(a) the defendant took all reasonable steps to find out the true particulars, and
(b) the particulars included were, to the best of the defendant’s knowledge, true.
To avoid doubt, a motor dealer may carry on a business as a motor dealer wholly or partly as an online motor dealer.
If a motor dealer carries on a business as a motor dealer partly as an online motor dealer, a reference in this Act to an online motor dealer applies to the motor dealer only when acting as an online motor dealer.
This section applies in relation to a requirement of this Act for a current inspection report, dealer’s notice or other document to be attached to a motor vehicle.
The requirement is taken to have been satisfied—
(a) by a motor dealer who carries on a business wholly as an online motor dealer—if the report, notice or document is publicly available on the online motor dealer’s website, or
(b) by a motor dealer who carries on a business partly as an online motor dealer—if the report, notice or document is publicly available on the online motor dealer’s website in addition to being attached to the motor vehicle as otherwise required by this Act.
Before an online purchaser purchases a motor vehicle from an online motor dealer, the online motor dealer must give the prospective online purchaser an opportunity to carry out an inspection of the motor vehicle at—
(a) the place at which the motor vehicle is ordinarily stored, or
(b) a place agreed to by the prospective online purchaser and the online motor dealer.
Maximum penalty—20 penalty units.
The online motor dealer must also give the online purchaser an opportunity to carry out an inspection of the motor vehicle purchased by the online purchaser—
(a) at the time the motor vehicle is delivered to the online purchaser but before the online purchaser takes possession of the motor vehicle, or
(b) at the time the online purchaser collects the motor vehicle but before the online purchaser takes possession of the motor vehicle.
Maximum penalty—20 penalty units.
A regulation may make provision about—
(a) places at which motor vehicles may be made available for inspection or collection, and
(b) requirements relating to the safety of online purchasers and prospective online purchasers while at the places.
An online motor dealer must not require an online purchaser to pay more than the percentage, if any, prescribed by a regulation of a motor vehicle’s purchase price before the online purchaser takes possession of the motor vehicle.
Maximum penalty—100 penalty units.
In this Division—
In this Division, a reference to a
A motor dealer must, at the motor dealer’s own expense, repair or make good a motor vehicle sold by the motor dealer, if it is a defective vehicle, so as to place the motor vehicle in a reasonable condition having regard to its age.
Any repairs must be carried out by the holder of a tradesperson’s certificate (see section 16).
The following persons have the benefit of the dealer guarantee—
(a) the purchaser of the motor vehicle from the motor dealer,
(b) any subsequent owner of the motor vehicle, but only if the motor vehicle was not a second-hand motor vehicle when sold by the motor dealer liable for the dealer guarantee.
A motor dealer ceases to be liable for the dealer guarantee for a motor vehicle if the motor vehicle is at any time acquired by the motor dealer or another motor dealer.
The dealer guarantee does not apply to a motor vehicle if no limitation period is specified for the motor vehicle under this Division.
The dealer guarantee applies only to a motor vehicle that is or becomes a defective vehicle before the end of the limitation period for the motor vehicle (whether or not it is known before the end of the limitation period that the motor vehicle is a defective vehicle).
A motor dealer is not required to comply with the dealer guarantee if the condition or defect that causes a motor vehicle to be a defective vehicle becomes apparent after the limitation period and the owner of the motor vehicle fails to report the condition or defect to the motor dealer within a reasonable period of becoming aware of the condition or defect.
The limitation period for a motor vehicle ends when either the distance limit or time limit specified in this section is first reached for the motor vehicle.
The period of the time limit for a motor vehicle commences when the motor dealer sells the motor vehicle. If the purchaser takes possession of a new motor vehicle before the sale by the motor dealer is completed, the sale is taken to have occurred on the day the purchaser first takes possession.
For a motor vehicle (not being a motor cycle or a second-hand motor vehicle) driven less than 15,000 km when sold by a motor dealer, the distance limit is 20,000 km after manufacture and the time limit is 12 months less 1 month for each 2,000 km that the vehicle was driven before it was sold by the motor dealer.
For a motor vehicle (not being a motor cycle or a second-hand motor vehicle) driven 15,000 km or more when sold by a motor dealer, the distance limit is 5,000 km after sale and the time limit is 3 months.
For a second-hand motor vehicle (not being a motor cycle) driven not more than 160,000 km, and not more than 10 years old, when sold by a motor dealer, the distance limit is 5,000 km after sale and the time limit is 3 months.
For a motor cycle (not being a second-hand motor cycle) driven less than 7,000 km when sold by a motor dealer, the distance limit is 10,000 km after manufacture and the time limit is 6 months less 1 month for each 2,000 km that the vehicle was driven before it was sold by the motor dealer.
For a motor cycle (not being a second-hand motor cycle) driven more than 7,000 km when sold by a motor dealer, the distance limit is 3,000 km after sale and the time limit is 3 months.
For a motor cycle (not being a second-hand motor cycle) that is of a design that makes it incapable of being registered in this State, the distance limit is 5,000 km after sale and the time limit is 3 months.
For a second-hand motor cycle (other than a motor cycle of a design that makes it incapable of being registered in this State) driven not more than 30,000 km, and not more than 5 years old, when sold by a motor dealer, the distance limit is 3,000 km after sale and the time limit is 3 months.
The regulations may prescribe additional categories of limitation periods for specified motor vehicles for the purposes of this section.
The regulations may vary a distance or time limit specified in section 69.
The regulations may do so by amending section 69 for that purpose.
The dealer guarantee applicable to a motor vehicle is enforceable by the owner of the motor vehicle as if—
(a) it were a term of the contract of sale between the motor dealer and the owner, or
(b) if the owner purchased the motor vehicle from a person other than the motor dealer, there was a contract of sale between the motor dealer and the owner that contained the dealer guarantee.
The dealer guarantee does not apply to the following motor vehicles—
(a) a motor vehicle sold by a motor dealer at a bona fide auction if a dealer’s notice specifying that the dealer guarantee does not apply to the motor vehicle is attached to the motor vehicle at the time of sale,
(b) a substantially demolished or partially dismantled motor vehicle that is purchased by the holder of a motor vehicle recycler’s licence,
(c) a motor vehicle sold by a motor dealer that is unregistered and, at the time of sale, requires substantial repair.
The regulations may also exempt other motor vehicles or specified defects and other damage (see section 186 (2) (a)).
The dealer guarantee does not apply to damage to a motor vehicle in the following circumstances—
(a) if the damage is incidental or accidental damage that occurred to the motor vehicle after the sale by the motor dealer and when it was not in the possession of the motor dealer,
(b) if the damage occurred to the motor vehicle after the sale by the motor dealer and was caused by misuse by or negligence of the driver, or because the motor vehicle was used for motor racing or motor rallying,
(c) if the damage is superficial damage to the paint-work or upholstery of a second-hand motor vehicle that would have been apparent on a reasonable inspection—
(i) at the time of sale, or
(ii) for a motor vehicle purchased by an online purchaser—at the time the online purchaser took possession of the motor vehicle.
The dealer guarantee does not apply to the sale of a second-hand motor vehicle if the requirements of this section are complied with.
A motor dealer who offers or displays for sale a second-hand motor vehicle (other than a motor cycle) complies with this section if—
(a) a dealer’s notice containing a defect notice specifying the defects and condition of the motor vehicle, and a current inspection report, are attached to the motor vehicle at all material times when the motor vehicle is offered or displayed for sale, and
(b) at or before the sale, the motor dealer and the purchaser sign the dealer’s notice, or a copy of the notice, and
(c) the motor dealer gives the purchaser the notice, or a copy, to keep.
A motor dealer who offers or displays for sale a second-hand motor cycle complies with this section if, at or before the sale—
(a) the motor dealer and the purchaser sign a dealer’s notice containing a defect notice specifying the defects and condition of the motor cycle, or a copy of the notice, and the motor dealer gives the purchaser the notice, or a copy, to keep, and
(b) the motor dealer gives the purchaser a current inspection report, or a copy, to keep.
The dealer guarantee continues to apply to a defective vehicle, despite this section, for a defect that—
(a) is not specified in a dealer’s notice under this section, or
(b) is so specified but that is not also specified in an inspection report given under this section.
The purchaser of a motor vehicle that is not subject to a dealer guarantee because of this section may recover, as a debt due to the purchaser by the motor dealer, the difference between the reasonable cost of repairing any defect specified in the dealer’s notice and the amount estimated in that notice as the reasonable cost of that repair.
A holder of a motor dealer’s licence is not liable for a dealer guarantee for a motor vehicle sold on behalf of the holder by another motor dealer.
(b) to search for any property which the administrator is entitled to acquire or take into possession, and
(c) to seize any such property and remove it to such place as the administrator thinks fit.
Any person who, without reasonable excuse, obstructs, hinders or delays any police officer, the administrator or other person in the exercise of a power conferred by an order made under subclause (3) is guilty of contempt of the Supreme Court and may be punished accordingly.
In this clause, property in the
An administrator—
(a) may deal with any property which the administrator has acquired or of which the administrator has taken possession under this Act in any manner in which the person subject to administration might lawfully have dealt with that property, and
(b) must, as soon as practicable after acquiring or taking possession of that property, deliver that property to such persons as appear to the administrator to be lawfully entitled to it.
An administrator must apply the property acquired and held by the administrator, or in the possession of the administrator in his or her capacity as administrator, in the following order for the following purposes—
(a) firstly, in reimbursing the Secretary in respect of all amounts paid out of the Compensation Fund in settlement in whole or in part of claims made against the Fund in respect of a failure or default of the person subject to administration,
(b) secondly, in satisfying or partially satisfying the amounts of claims against that person with respect to the business concerned to the extent that those claims have not otherwise been fully satisfied,
(c) thirdly, in paying the amounts incurred by the administrator as expenses of the administration.
Amounts referred to in subclause (2) rank equally between themselves and are to be paid in full unless the property referred to in that subclause is insufficient for those amounts to be paid, in which case the amounts are to abate in equal proportions between themselves.
Any property remaining after that application is to be held in trust for the person subject to administration.
Without restricting any power conferred on an administrator by this Act, the administrator may, in his or her own name or in the name of the person subject to administration do any of the following—
(a) prove, grant, claim and draw a dividend in respect of any debt due to the person in connection with the business concerned,
(b) take or defend proceedings relating to any matter concerning that business before any court for the recovery of damages or for any other remedy, whether for a tort, a breach of contract or any other cause of action, which could have been taken or defended by that holder or person,
(c) employ an Australian legal practitioner or other agent to give advice or take or defend proceedings with respect to any matter concerning that business or otherwise to act for the administrator in relation to the administration of the affairs and property of the person,
(d) for the purpose of providing sufficient money to make any reimbursement, or to satisfy or pay any amount referred to in clause 4, sell, lease or hire any property that the administrator has acquired or of which the administrator has taken possession under this Act,
(e) give receipts for money received by the administrator in the course of and in connection with the administration of the affairs and property of the person.
A receipt given by the administrator under this clause is an effective discharge of the person paying the money from all responsibility with respect to the application of that money.
Property held by or in the possession of an administrator in that capacity must not be levied on or taken or attached under any judgment.
An administrator may invest any money acquired by the administrator or of which the administrator has taken possession under this Act in any manner in which a trustee is authorised by law to invest funds in respect of which the trustee is trustee.
Any income accruing from the investment of any money by an administrator under this clause and any profit resulting from the sale of any such investment is to be added to, and form part of, the property held by the administrator or in the possession of the administrator in his or her capacity as administrator.
An administrator may require any person who is in possession of information concerning property in respect of which he or she has been appointed administrator to provide the administrator with that information.
A person must not, without reasonable excuse, fail to comply with a requirement made of the person under subclause (1).
Maximum penalty—20 penalty units.
An administrator may, by notice in writing given to an authorised deposit-taking institution, prohibit the withdrawal of money from, or any dealing (including the completion of any dealing commenced before the service of the notice) with, an account of the person subject to administration if the administrator has reasonable grounds for believing that the person holds such an account with the institution.
Without preventing any other mode of service, the notice may be given by leaving the notice and the copy of the order accompanying the notice with the manager of, or the person apparently in charge of, the authorised deposit-taking institution at which the account is kept.
The authorised deposit-taking institution to which a notice is given must not permit the withdrawal of money from, or any dealing (including the completion of any dealing commenced before the service of the notice) with, any account to which the notice relates except with the authority of the administrator.
Any authorised deposit-taking institution that contravenes this clause is liable to the administrator in respect of any loss sustained because of that contravention and the amount of that loss may be recovered by the administrator in proceedings taken against the institution in a court of competent jurisdiction.
The administrator may withdraw from an account referred to in subclause (1) all or any of the money held in that account and pay that money into a special account or special accounts in his or her own name and may operate, and otherwise deal with, that account or those accounts according to law.
An administrator may give to any person (including the person subject to administration) a notice to the effect that, if that person has any claim in respect of any property held by or in the possession of the administrator in that capacity, the claim will not be entertained unless full particulars of the property claimed and the grounds of the claim are submitted to the administrator within the period, being not less than 30 days after the notice is given, specified in the notice.
The administrator may disregard any claim made by a person to whom a notice is given otherwise than in compliance with the terms of the notice.
On the application of an administrator, the Supreme Court may order any person (including the person subject to administration) to appear before the Court to be examined on oath with respect to any property that is being administered by the administrator or that the administrator is entitled to administer.
On an examination before the Supreme Court, the Court may put or allow to be put to the person being examined such questions as it thinks fit.
A person examined before the Supreme Court is not excused from answering a question put to the person on the ground that the answer might incriminate the person. If the person claims, before answering the question, that the answer might incriminate the person, neither the question nor the answer is admissible in evidence against the person in criminal proceedings, other than proceedings in relation to the making of a false statement on oath in respect of the answer.
A person attending for examination under this clause is entitled to be paid such expenses (if any) as the Supreme Court may allow.
The expenses are to be paid by the administrator and are to form part of the expenses of the administration.
All amounts incurred by an administrator in the course of administration, to the extent that they have not otherwise been paid to the administrator or otherwise met under this Act, are to be paid to the administrator by the Secretary out of the Compensation Fund.
The amounts so payable include money payable to the administrator as remuneration for his or her services and the costs of bringing or defending or otherwise participating in legal proceedings in the course of and in connection with the administration.
Any amounts paid or payable to an administrator out of the Compensation Fund as expenses of the administration under this Act may be recovered in the Supreme Court by the Secretary from the person subject to administration as a debt due from that person to the Secretary.
The Secretary and an administrator may enter into an agreement as to the amount to be paid to the administrator as his or her remuneration.
In default of any such agreement, the Supreme Court may, on application by the Secretary or the administrator, determine the amount of remuneration to be paid to the administrator.
The Supreme Court may, on application by a person subject to administration within the period prescribed by the regulations—
(a) re-open any agreement entered into under subclause (4) with respect to the remuneration paid or to be paid to the administrator, and
(b) determine the amount of remuneration that, in the opinion of the Court, ought, in fairness to the person, to have been agreed to, and
(c) if the amount of remuneration agreed to has been paid to the administrator and that amount exceeds the amount determined by the Court, order the excess to be refunded to the person.
If, in the course of proceedings to recover amounts for expenses of administration from the person subject to administration, it appears to the Supreme Court that the amounts sought to be recovered from the person for the expenses of administration are excessive, the Court may—
(a) by order, direct that an account be taken between the Secretary and the administrator, and
(b) by further order or orders, relieve the person from payment of any amount that exceeds the amount the Court determines is fairly payable for those expenses, and
(c) direct that any such excess amount that has been paid to or allowed in account by the Secretary to the administrator be refunded by the administrator.
The Secretary is to reimburse the administrator for any costs, charges, expenses or damages reasonably incurred by the administrator for a good faith claim relating to the carrying out or purported carrying out of the administrator’s functions under this Act.
Any amounts payable under this clause may be paid from the Compensation Fund.
For the purposes of this clause, a claim is a
An administrator must, at such times as the Supreme Court determines, provide a report to the Court and the Secretary on the administration containing the information required by the Court.
At the end of the administration the administrator must lodge the following with the Supreme Court—
(a) the administrator’s final report on the administration,
(b) all records in his or her possession or under his or her control relating to that administration.
The records are to be kept in the custody of the Supreme Court, subject to any order of the Court directing the destruction or other disposal of those records.
This clause is subject to any orders made or directions given by the Supreme Court under this Act.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
(a) the holder of a licence under the Motor Dealers Act 1974, or
(b) the holder of a licence or a tradesperson’s certificate under the Motor Vehicle Repairs Act 1980.
Any act, matter or thing done or omitted to be done under a provision of a former Act and having any force or effect immediately before the commencement of a provision of this Act that replaces that provision is, on that commencement, taken to have been done or omitted under the provision of this Act.
This clause does not apply—
(a) to the extent that its application is inconsistent with any other provision of this Schedule or a provision of a regulation made under this Schedule, or
(b) to the extent that its application would be inappropriate in a particular case.
Among other things, this clause applies to existing undertakings and other actions relating to unjust conduct under the former Acts and also to persons for whom an administrator had been appointed under the 1974 Act.
An existing licence holder who was, immediately before the commencement of Part 2 of this Act, the holder of—
(a) a dealer’s licence or a wholesaler’s licence under the 1974 Act is taken to be the holder of a motor dealer’s licence granted under this Act, or
(b) an auto-dismantler’s licence under the 1974 Act is taken to be the holder of a motor vehicle recycler’s licence granted under this Act, or
(c) a motor vehicle parts reconstructor’s licence under the 1974 Act is taken to be the holder of a motor vehicle repairer’s licence granted under this Act, or
(d) a licence in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be the holder of a motor vehicle repairer’s licence, or
(e) a tradesperson’s certificate in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be the holder of a tradesperson’s certificate for that class of repair work granted under this Act.
An existing licence that is, by operation of this clause, taken to be a licence under this Act is subject to the same conditions that applied to the licence immediately before the commencement of Part 2 of this Act and any such conditions may be varied or revoked as if they were imposed under this Act.
Despite subclause (2), an existing licence that was a motor vehicle repairer’s licence under the 1980 Act is not subject to any condition limiting the licence to a class or classes of repair work.
An existing licence continued in force by this clause ceases to have effect on the day specified for the purposes of this clause by the regulations.
The regulations may specify different days for the termination of different existing licences or classes of existing licences.
In any document, a reference—
(a) to a dealer’s licence or a wholesaler’s licence under the 1974 Act is taken to be a reference to a motor dealer’s licence granted under this Act, or
(b) to an auto-dismantler’s licence under the 1974 Act is taken to be a reference to a motor vehicle recycler’s licence granted under this Act, or
(c) to a motor vehicle parts reconstructor’s licence under the 1974 Act is taken to be a reference to a motor vehicle repairer’s licence granted under this Act, or
(d) to a licence in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be a reference to a motor vehicle repairer’s licence for that class of repair work granted under this Act, or
(e) to a tradesperson’s certificate in respect of a class of repair work under the 1980 Act is, subject to the regulations, taken to be a reference to a tradesperson’s certificate for that class of repair work granted under this Act.
Any dispute being dealt with under a former Act immediately before the commencement of Division 2 of Part 5 of this Act is to continue to be dealt under that former Act as if that Act were in force.
This clause applies to disciplinary proceedings under a former Act commenced against a person but not finally determined before the commencement of Part 3 of this Act.
Disciplinary proceedings to which this clause applies are to continue to be determined as if the former Act continued to be in force.
Without limiting any other action that may be taken, disciplinary action taken in such proceedings may be taken in relation to any licence held, or taken to be held, by the person concerned under this Act.
Disciplinary proceedings are taken to have been commenced against a person for the purposes of this clause if a show cause notice had been issued to the person under the former Act.
The Compensation Fund is a continuation of the following Funds under the former Acts—
(a) the Motor Dealers Compensation Fund,
(b) the Motor Vehicle Repair Industry Contingency Fund,
(c) the Motor Vehicle Repair Industry Education and Research Fund,
(d) the Motor Vehicle Repair Industry General Fund.
Any amount payable to or from any of those Funds immediately before the commencement of this clause is payable instead to or from the Compensation Fund under this Act.
Any payment under a former Act out of the Motor Dealers Compensation Fund or the Motor Vehicle Repair Industry Contingency Fund in settlement in whole or in part of a claim under the former Act is, for the purposes of this Act, taken to be a payment made out of the Compensation Fund under this Act in settlement in whole or in part of the claim concerned as if it were a claim under this Act.
Unless the context otherwise indicates or requires, a provision of this Act extends to any act or omission occurring before the commencement of the provision.
A person who held office as an inspector under the 1980 Act immediately before the commencement of section 149 of this Act is taken to be an authorised officer appointed under that section.
A person who held office as an authorised officer under the 1974 Act immediately before the commencement of section 149 of this Act is taken to be an authorised officer appointed under that section.
Part 6 of this Act applies to contracts in force immediately before the commencement of that Part and to any unjust conduct being carried out immediately before that commencement.
A reference in this Act—
(a) to a contravention of section 73 (1) or (3) of the Road Transport Act 2013 includes a reference to a contravention of section 22 (2) or (4) of the Road Transport (Vehicle Registration) Act 1997, and
(b) to a contravention of section 98 of the Road Transport Act 2013 includes a reference to a contravention of section 16Q of the Road Transport (Vehicle Registration) Act 1997.
This Part is subject to the regulations.
The amendment made to section 187 by the Statute Law (Miscellaneous Provisions) Act 2017 does not affect any delegation made under that section and in force immediately before the commencement of that amendment.
In this Part—
This clause applies to a person if—
(a) the person held a transitional certificate, and
(b) the certificate expired (without previously being cancelled) before the commencement of this clause, and
(c) the certificate was not renewed, purportedly renewed or restored before that commencement.
A person to whom this clause applies is taken to have been granted a tradesperson’s certificate under this Act from the day on which the person’s transitional certificate ceased to have effect (a
A continuing transitional certificate ceases to have effect—
(a) in 2019 on the anniversary of the day on which the person’s transitional certificate ceased to have effect, or
(b) on any later day prescribed by the regulations.
A continuing transitional certificate is subject to the following conditions and any such conditions may be revoked or varied as if they were imposed under this Act—
(a) the same conditions to which the expired transitional certificate was subject immediately before it ceased to have effect,
(b) any conditions prescribed by the regulations.
If a person to whom this clause applies was taken to be a holder of a tradesperson’s certificate to which clause 2 (2) of Schedule 4 to the Motor Dealers and Repairers Regulation 2014 applied, the person’s continuing transitional certificate—
(a) authorises the person to carry out repair work of the type that the person was authorised to carry out before the repeal of the 1980 Act, and
(b) may be renewed or restored under this Act as if it were a tradesperson’s certificate granted under this Act.
To avoid doubt, a continuing transitional certificate may be suspended, cancelled, amended, renewed, restored or surrendered in the same way as a tradesperson’s certificate granted under this Act.
Anything done or omitted to be done by a person to whom this clause applies at any time before the commencement of this Part that would have been lawful if the person had held a continuing transitional certificate at the time concerned is taken to be (and always to have been) lawful.
The Secretary may treat an application for renewal or restoration of a transitional certificate or a Category 1 continued certificate made before the commencement of this Part by a person to whom this clause applies, whether or not made within the time permitted, as an application for renewal of the person’s continuing transitional certificate received in accordance with this Act.
This clause applies to a transitional certificate that—
(a) has expired (without previously being cancelled), and
(b) was purportedly renewed under this Act by the Secretary before the commencement of this Part in circumstances where a renewal was not permissible under this Act.
A transitional certificate to which this clause applies is taken to have been validly renewed (and always to have been validly renewed) from the day on which the transitional certificate ceased to have effect (a
A renewed transitional certificate is subject to the following conditions and any such conditions may be varied or revoked as if they were imposed under this Act—
(a) the same conditions as those purportedly imposed under this Act at the time of the purported renewal of the certificate,
(b) any conditions prescribed by the regulations.
If a person was taken to be a holder of a tradesperson’s certificate to which clause 2 (2) of Schedule 4 to the Motor Dealers and Repairers Regulation 2014 applied, the person’s renewed transitional certificate—
(a) authorises the person to carry out repair work of the type that the person was authorised to carry out before the repeal of the 1980 Act, and
(b) may be renewed or restored under this Act as if it were a tradesperson’s certificate granted under this Act.
To avoid doubt, a renewed transitional certificate may be suspended, cancelled, amended, renewed, restored or surrendered in the same way as a tradesperson’s certificate granted under this Act.
Anything done or omitted to be done by a person, who is taken to hold a renewed transitional certificate by the operation of subclause (2), at any time before the commencement of this Part that would have been lawful if the person had held a renewed transitional certificate at the time concerned is taken to be (and always to have been) lawful.
The Secretary may treat an application for renewal or restoration of a transitional certificate or a Category 2 continued certificate made before the commencement of this Part by a person to whom this clause applies, whether or not made within the time permitted, as an application for renewal of the person’s continuing transitional certificate received in accordance with this Act.
On the commencement of this Part, the following licences taken to have been granted on the commencement of the Motor Dealers and Repairers Amendment (Savings and Transitional and Other Matters) Regulation 2018 are taken to have been cancelled—
(a) Category 1 continued certificates,
(b) Category 2 continued certificates.
The specifying of dates for the terms of transitional certificates by the Secretary, purportedly done before the commencement of this Part in accordance with clause 7 (2) of Schedule 4 to the Motor Dealers and Repairers Regulation 2014, is taken to be (and always to have been) validly done.
This Part is subject to the regulations.
Without limiting subclause (1), the regulations may—
(a) make validation provisions for or with respect to transitional certificates, renewed transitional certificates or continuing transitional certificates, and
(b) vary or revoke any conditions imposed under this Schedule.
In this Part—
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—
(a) the person was suffering financial hardship, or
(b) special circumstances existed.
The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—
(a) a person who was suffering financial hardship—
(i) during the relevant period, or
(ii) because of events that happened during the relevant period, or
(b) special circumstances—
(i) that existed during the relevant period, or
(ii) that exist because of events that happened during the relevant period.
In this part—
An existing motor dealer is not authorised by the existing motor dealer’s licence to carry on a business as an online motor dealer unless, at least 20 business days before starting to carry on the business, the existing motor dealer gives the Secretary in the approved form the information referred to in section 20B(2)(a1) and (4A).
Section 38(2), as in force immediately before its amendment by the amendment Act, continues to apply to a person who last ceased to be a licence holder before the commencement of the amendment.
(Repealed)
Motor Dealers and Repairers Act 2013 No 107. Assented to 27.11.2013. Date of commencement, Part 6 and cl 11 of Sch 2 excepted, 1.12.2014, sec 2 (1) and 2014 (637) LW 26.9.2014; date of commencement of Part 6 and cl 11 of Sch 2, assent, sec 2 (2). This Act has been amended as follows—
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 1.16, 1.12.2014, Sch 1.16 and 2014 (637) LW 26.9.2014. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.18, 8.7.2016, sec 2 (1). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1.13, 7 days after assent, sec 2 (1); date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.18, 14 days after assent, sec 2 (1). | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 2.9 [1]–[4] and [5] (to the extent that it inserts sec 33A), 28.2.2019, sec 2 (2) and 2019 (115) LW 28.2.2019; date of commencement of Sch 2.9[5] (except to the extent that it inserts sec 33A), 1.7.2020, sec 2(2); Sch 2.9[6] was not commenced and was repealed by the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020 No 3; date of commencement of Schs 4.3 and 8.6, 1.2.2020, sec 2(2) and 2019 (634) LW 20.12.2019; date of commencement of Sch 7.10, assent, sec 2 (1). | |
No 3 | Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 25 | Better Regulation Legislation Amendment Act 2020. Assented to 28.9.2020. Date of commencement of Schs 1.1 and 2.6, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 28 | Motor Dealers and Repairers Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 1[1] [4] [18]–[21] [23]–[25] [27] [28] [33] [37]–[52] [54]–[56] [58] [59] [63], 1.9.2025, sec 2 and 2025 (444) LW 29.8.2025; date of commencement of Sch 1[2] [3] [5]–[17] [22] [26] [29]–[32] [34]–[36] [53] [57] and [60]–[62], 1.12.2023, sec 2 and 2023 (619) LW 24.11.2023. Amended by Better Regulation, Fair Trading and Other Legislation Amendment Act 2024 No 25. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.9, assent, sec 2(b). | |
No 17 | Automatic Mutual Recognition Legislation Amendment Act 2025. Assented to 2.4.2025. Date of commencement, 1.7.2025, sec 2 and 2025 (274) LW 20.6.2025. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 3, assent, sec 2(e). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 4 | Am 2013 No 95, Sch 4.26 [1]; 2016 No 27, Sch 1.18 [1] [2]; 2018 No 65, Sch 4.3[1]; 2020 No 30, Sch 4.50[1] [2]; 2023 No 28, Sch 1[1]–[3]; 2024 No 25, Sch 3.3; 2025 No 48, Sch 3.6. |
Sec 5 | Am 2016 No 27, Sch 1.18 [3]; 2020 No 25, Sch 1.1[1]; 2024 No 53, Sch 1.9[1]. |
Sec 9A | Ins 2025 No 17, Sch 3[1]. |
Sec 9B | Ins 2025 No 17, Sch 3[1]. |
Sec 10 | Am 2020 No 25, Sch 1.1[2] [3]. |
Sec 11 | Am 2023 No 28, Sch 1[4]. |
Sec 15 | Am 2020 No 25, Sch 1.1[4] [5]; 2023 No 28, Sch 1[5]–[8]. |
Sec 16 | Am 2020 No 25, Sch 1.1[6] [7]; 2023 No 28, Sch 1[9]–[12]. |
Sec 17 | Am 2023 No 28, Sch 1[13]. |
Sec 18 | Am 2023 No 28, Sch 1[14]–[16]. |
Sec 19 | Am 2018 No 65, Sch 4.3[2]; 2023 No 28, Sch 1[17]. |
Sec 19A | Ins 2023 No 28, Sch 1[18]. |
Sec 20A | Ins 2018 No 65, Sch 4.3[3]. |
Sec 20B | Ins 2018 No 65, Sch 4.3[3]. Am 2023 No 28, Sch 1[19]–[22]. |
Sec 21 | Am 2018 No 65, Sch 2.9 [1]–[3]. |
Sec 21A | Ins 2018 No 25, Sch 1.18 [1]. Rep 2018 No 65, Sch 2.9 [4]. |
Sec 22A | Ins 2020 No 25, Sch 1.1[8]. |
Sec 25 | Am 2023 No 28, Sch 1[23] [24]. |
Sec 26 | Am 2023 No 28, Sch 1[25]. |
Secs 28–30 | Rep 2018 No 65, Sch 4.3[4]. |
Sec 32 | Am 2018 No 65, Sch 4.3[5]. |
Sec 33 | Subst 2018 No 65, Sch 2.9[5]. |
Sec 33A | Ins 2018 No 65, Sch 2.9 [5]. |
Sec 34 | Am 2018 No 65, Sch 4.3[6]. |
Sec 37 | Rep 2018 No 65, Sch 4.3[4]. Ins 2023 No 28, Sch 1[26]. |
Sec 38 | Am 2023 No 28, Sch 1[27] [28]. |
Sec 39 | Am 2018 No 65, Sch 4.3[7]. |
Sec 39A | Ins 2023 No 28, Sch 1[29]. |
Sec 45 | Am 2023 No 28, Sch 1[30] [31]. |
Sec 47 | Am 2023 No 28, Sch 1[13] [32]. |
Sec 48 | Am 2018 No 65, Sch 4.3[8]–[11]; 2023 No 28, Sch 1[13] [33]. |
Sec 49 | Am 2023 No 28, Sch 1[13]. |
Sec 52 | Am 2023 No 28, Sch 1[34] [35]. |
Sec 53 | Subst 2023 No 28, Sch 1[36]. |
Sec 57 | Am 2018 No 65, Sch 8.6[1]; 2023 No 28, Sch 1[13] [37]. |
Sec 58 | Am 2023 No 28, Sch 1[13]. |
Sec 59 | Am 2018 No 65, Sch 8.6[2]; 2020 No 30, Sch 4.50[1]; 2023 No 28, Sch 1[13]. |
Sec 62 | Am 2018 No 65, Sch 8.6[3] [4]; 2023 No 28, Sch 1[38]. |
Sec 63 | Am 2016 No 27, Sch 1.18 [4]; 2018 No 65, Sch 8.6[5]; 2023 No 28, Sch 1[13]. |
Sec 64 | Am 2016 No 27, Sch 1.18 [5]; 2023 No 28, Sch 1[13]. |
Part 4, Div 3A | Ins 2023 No 28, Sch 1[39]. |
Sec 66A | Ins 2023 No 28, Sch 1[39]. |
Sec 66B | Ins 2023 No 28, Sch 1[39]. |
Sec 66C | Ins 2023 No 28, Sch 1[39]. |
Sec 66D | Ins 2023 No 28, Sch 1[39]. |
Sec 67 | Am 2023 No 28, Sch 1[40] [41]. |
Sec 69 | Am 2014 No 88, Sch 1.16 [1] [2]. |
Sec 73 | Am 2023 No 28, Sch 1[42]. |
Sec 77 | Am 2023 No 28, Sch 1[43]. |
Sec 80 | Am 2023 No 28, Sch 1[44]. |
Sec 83 | Am 2023 No 28, Sch 1[13]. |
Sec 86 | Am 2023 No 28, Sch 1[45]. |
Sec 89 | Am 2023 No 28, Sch 1[13]. |
Sec 90 | Am 2023 No 28, Sch 1[13]. |
Sec 91 | Am 2023 No 28, Sch 1[13]. |
Sec 92 | Am 2023 No 28, Sch 1[13]. |
Sec 94 | Am 2023 No 28, Sch 1[13]. |
Sec 95 | Am 2023 No 28, Sch 1[13]. |
Sec 97 | Am 2020 No 30, Sch 4.50[1]; 2023 No 28, Sch 1[13]. |
Sec 98 | Am 2023 No 28, Sch 1[13]. |
Sec 99 | Am 2023 No 28, Sch 1[13]. |
Sec 99A | Ins 2023 No 28, Sch 1[46]. |
Sec 99B | Ins 2023 No 28, Sch 1[46]. |
Sec 100 | Subst 2023 No 28, Sch 1[47]. |
Sec 103 | Am 2023 No 28, Sch 1[13]. |
Sec 107 | Am 2013 No 95, Sch 42.6 [2]. |
Sec 113 | Am 2023 No 28, Sch 1[48] [49]. |
Sec 149 | Am 2020 No 30, Sch 4.50[3]. |
Sec 150 | Am 2024 No 53, Sch 1.9[2]. |
Sec 151 | Am 2023 No 28, Sch 1[50]–[52]. |
Sec 154 | Am 2020 No 25, Sch 2.6[1] [2]. |
Sec 156 | Am 2020 No 30, Sch 4.50[4]; 2023 No 28, Sch 1[53]. |
Sec 158 | Subst 2017 No 22, Sch 3.48. |
Sec 159 | Am 2020 No 25, Sch 1.1[9]. |
Sec 162 | Subst 2023 No 28, Sch 1[54]. |
Sec 165A | Ins 2025 No 17, Sch 3[2]. |
Sec 166 | Ins 2025 No 17, Sch 3[3] [4]. |
Sec 169 | Am 2023 No 28, Sch 1[55] [56] (am 2024 No 25, Sch 7.7[1] [2]). |
Sec 171 | Am 2020 No 25, Sch 1.1[10]. |
Sec 176 | Am 2013 No 95, Sch 2.100 [1]–[4]; 2023 No 28, Sch 1[57]. |
Sec 182 | Am 2020 No 30, Sch 4.50[1]. |
Sec 183 | Subst 2023 No 28, Sch 1[58]. |
Sec 184 | Am 2023 No 28, Sch 1[13]. |
Sec 185 | Subst 2018 No 65, Sch 7.10. Am 2024 No 25, Sch 6.12. |
Sec 186 | Am 2020 No 3, Sch 1.19[1]; 2023 No 28, Sch 1[59]–[61]. |
Sec 187 | Am 2017 No 22, Sch 1.13 [1]; 2023 No 28, Sch 1[62]. |
Sec 190 | Rep 1987 No 15, sec 30C. |
Sch 2 | Am 2017 No 22, Sch 1.13 [2]; 2018 No 25, Sch 1.18 [2]; 2020 No 3, Sch 1.19[2]; 2023 No 28, Sch 1[63]. |
Sch 3 | Rep 1987 No 15, sec 30C. |
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