Motor Dealers and Repairers Amendment (Fees) Regulation 2017 (NSW)

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New South Wales

Motor Dealers and Repairers Amendment

(Fees) Regulation 2017

under the

Motor Dealers and Repairers Act 2013

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Motor Dealers and Repairers Act 2013.

MATT KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to amend the Motor Dealers and Repairers Regulation 2014 as follows:

(a)	to increase the fees payable in connection with the administration of the Motor Dealers and Repairers Act 2013,
(b)	to provide for a mechanism for the automatic adjustment for inflation of those fees in future.

The fee increases effected by this Regulation are generally in line with movements in the Consumer Price
Index (rounded to the nearest dollar).
This Regulation is made under the Motor Dealers and Repairers Act 2013, including sections 21, 24, 34 (2),
36, 166, 177 (5) and 186 (the general regulation-making power).
Motor Dealers and Repairers Amendment (Fees) Regulation 2017

under the

Motor Dealers and Repairers Act 2013

1 Name of Regulation
This Regulation is the Motor Dealers and Repairers Amendment (Fees) Regulation
2017.

2 Commencement
This Regulation commences on 1 July 2017 and is required to be published on the
NSW legislation website.

Schedule 1

Amendment of Motor Dealers and Repairers
Regulation 2014

[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
fee unit—see Part 2 of Schedule 1.

[2] Clauses 8, 9 (4) (definition of “processing component”) and 11
Insert “Part 1 of” before “Schedule 1” wherever occurring.
[3] Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clause 8)

Part 1 Fees payable
Item

Column 1 Column 2 Column 3 Column 4
Type of fee Fixed Processing Compensation

component component Fund contribution
(in fee units) (in fee units) (in fee units)
Motor dealer

1 Application for grant 3.29 per place of 2.19 9.48 per place of
of licence—1 year business business
2 Application for grant 9.88 per place of 2.19 12.24 per place of
of licence—3 years business business
3 Application for 3.29 per place of 0.71 1.39 per place of
renewal of licence—1 business business
year
4 Application for 9.88 per place of 0.71 4.14 per place of
renewal of licence—3 business business
years
5 Application for 3.29 per place of 1.47 1.39 per place of
restoration of business business
licence—1 year
6 Application for 9.88 per place of 1.47 4.14 per place of
restoration of business business
licence—3 years
7 Amendment of licence nil 0.71 1.39
to include additional
place of business
Motor vehicle repairer

8 Application for grant 2.24 per place of 2.19 2.79 per place of
of licence—1 year business business
9 Application for grant 4.42 per place of 2.19 3.69 per place of
of licence—3 years business business
Item Column 1 Column 2 Column 3 Column 4
Type of fee Fixed Processing Compensation
component component Fund contribution
(in fee units) (in fee units) (in fee units)
10 Application for 1.09 per place of 0.71 0.45 per place of
renewal of licence—1 business business
year
11 Application for 3.27 per place of 0.71 1.34 per place of
renewal of licence—3 business business
years
12 Application for 1.09 per place of 1.47 0.45 per place of
restoration of business business
licence—1 year
13 Application for 3.27 per place of 1.47 1.34 per place of
restoration of business business
licence—3 years
14 Amendment of licence nil 0.71 0.45
to include additional
place of business
Motor vehicle recycler

15 Application for grant 3.29 per place of 2.19 nil
of licence—1 year business
16 Application for grant 9.88 per place of 2.19 nil
of licence—3 years business
17 Application for 3.29 per place of 0.71 nil
renewal of licence—1 business
year
18 Application fee for 9.88 per place of 0.71 nil
renewal of licence—3 business
years
19 Application for 3.29 per place of 1.47 nil
restoration of business
licence—1 year
20 Application for 9.88 per place of 1.47 nil
restoration of business
licence—3 years
21 Amendment of licence nil 0.71 nil
to include additional
place of business
Tradesperson’s certificate

22 Application for grant nil 0.69 nil
of certificate—3 years
23 Application for nil 0.48 nil
renewal of
certificate—3 years
24 Application for nil 0.48 nil
restoration of
certificate—3 years
Item Column 1 Column 2 Column 3 Column 4
Type of fee Fixed Processing Compensation
component component Fund contribution
(in fee units) (in fee units) (in fee units)
25 Amendment of nil 0.48 nil
certificate to include
additional class of
repair work
26 Issue of replacement nil 0.46 nil
tradesperson’s
certificate
Fees for motor dealers, motor vehicle repairers and motor vehicle recyclers

27 Issue of duplicate nil 0.46 nil
licence
28 Issue of certificate nil 0.31 nil
under section 177 of
the Act

Part 2 Adjustment of fees for inflation
1 Definitions
In this Part:
CPI number means the Consumer Price Index (All Groups Index) for Sydney
published by the Australian Bureau of Statistics in the latest published series
of that index.
financial year means a period of 12 months commencing on 1 July.
2 Calculation of fee unit for purposes of Regulation

(1) For the purposes of this Regulation, a fee unit is:

(a) in the financial year 2017–18—$100, and
(b) in each subsequent financial year—the amount calculated as follows:

$100 A  ----
B

where:
A is the CPI number for the March quarter in the financial year
immediately preceding the financial year for which the amount is
calculated.
B is the CPI number for the March quarter of 2017.

(2) The amount of a fee unit is to be rounded to the nearest cent (and an amount
of 0.5 cent is to be rounded down).

(3)

However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
3 Rounding of fee amounts
The amount of a fee calculated by reference to a fee unit (including the amount of a component of a fee) is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded down).
4 Notice of indexed fees

(1) As soon as practicable after the CPI number for the March quarter is first
published by the Australian Statistician, the Secretary is required to:

(a)

notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and

(b)

give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.

(2) This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

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Motor Dealers and Repairers Amendment (Fees) Regulation 2017 (NSW)

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component	component	Fund contribution
(in fee units)	(in fee units)	(in fee units)

1	Application for grant	3.29 per place of	2.19	9.48 per place of
of licence—1 year	business	business
2	Application for grant	9.88 per place of	2.19	12.24 per place of
of licence—3 years	business	business
3	Application for	3.29 per place of	0.71	1.39 per place of
renewal of licence—1	business	business
year
4	Application for	9.88 per place of	0.71	4.14 per place of
renewal of licence—3	business	business
years
5	Application for	3.29 per place of	1.47	1.39 per place of
restoration of	business	business
licence—1 year
6	Application for	9.88 per place of	1.47	4.14 per place of
restoration of	business	business
licence—3 years
7	Amendment of licence	nil	0.71	1.39
to include additional place of business

8	Application for grant	2.24 per place of	2.19	2.79 per place of
of licence—1 year	business	business
9	Application for grant	4.42 per place of	2.19	3.69 per place of
of licence—3 years	business	business
Item	Column 1	Column 2	Column 3	Column 4
Type of fee	Fixed	Processing	Compensation
component	component	Fund contribution
(in fee units)	(in fee units)	(in fee units)
10	Application for	1.09 per place of	0.71	0.45 per place of
renewal of licence—1	business	business
year
11	Application for	3.27 per place of	0.71	1.34 per place of
renewal of licence—3	business	business
years
12	Application for	1.09 per place of	1.47	0.45 per place of
restoration of	business	business
licence—1 year
13	Application for	3.27 per place of	1.47	1.34 per place of
restoration of	business	business
licence—3 years
14	Amendment of licence	nil	0.71	0.45
to include additional place of business

22	Application for grant	nil	0.69	nil
of certificate—3 years
23	Application for	nil	0.48	nil
renewal of certificate—3 years
24	Application for	nil	0.48	nil
restoration of certificate—3 years
Item	Column 1	Column 2	Column 3	Column 4
Type of fee	Fixed	Processing	Compensation
component	component	Fund contribution
(in fee units)	(in fee units)	(in fee units)
25	Amendment of	nil	0.48	nil
certificate to include additional class of repair work
26	Issue of replacement	nil	0.46	nil
tradesperson’s certificate

27	Issue of duplicate	nil	0.46	nil
licence
28	Issue of certificate	nil	0.31	nil
under section 177 of the Act

(2)	The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).
(3)	However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

(a)	notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and
(b)	give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.
(2)	This Part operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.