Motor Dealers and Repairers Amendment (Fees) Regulation 2020 (NSW)

New South Wales

Motor Dealers and Repairers Amendment

(Fees) Regulation 2020

under the

Motor Dealers and Repairers Act 2013

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

Regulation under the Motor Dealers and Repairers Act 2013.

KEVIN ANDERSON, MP

Minister for Better Regulation and Innovation

Explanatory note

The object of this Regulation is to amend the Motor Dealers and Repairers Regulation 2014 to—

(a) provide for the partial refund of certain application fees for licences payable under the Motor Dealers

and Repairers Act 2013 (the Act), and

(b) prescribe certain fees payable in connection with the administration of the Act.

This Regulation is made under the Motor Dealers and Repairers Act 2013, including sections 21(4), 24,
33A(4)(b), 34(2), 36, 166, 177(5) and 186 (the general regulation-making power).

Motor Dealers and Repairers Amendment (Fees) Regulation 2020 [NSW]

Motor Dealers and Repairers Amendment (Fees) Regulation 2020

under the

Motor Dealers and Repairers Act 2013

1      Name of Regulation

This Regulation is the Motor Dealers and Repairers Amendment (Fees) Regulation

2020.

2      Commencement

This Regulation commences on 1 July 2020 and is required to be published on the
NSW legislation website.

Motor Dealers and Repairers Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Motor Dealers and Repairers Regulation 2014

Schedule 1 Amendment of Motor Dealers and Repairers
Regulation 2014

[1]      Clause 8 Fees

Omit “each fee is to be calculated by adding together the various components set out in
Columns 2, 3 and 4” from clause 8(2).

Insert instead “the fee payable is the amount specified in Column 5”.

[2]      Clause 9

Omit the clause. Insert instead—

9      Partial refund of application fees for certain licences

(1) This clause applies to an application fee for a licence with a term of 3 years or
5 years, paid by or on behalf of a person who—

(a)

has surrendered the licence granted under the Act, or

(b)

if the application fee was paid by or on behalf of an individual—has died.

(2)

A person may apply to the Secretary for a refund of the application fee if the
person—

(a)	paid the application fee, or
(b)	is applying for or on behalf of the person who paid the application fee, or
(c)	is the legal representative of a deceased individual who paid the application fee.

(3)

A person is not entitled to make an application under this clause if the licence
was cancelled or suspended as a result of disciplinary action.

(4)

A person who makes an application under subclause (2) is—

(a)	for a licence with a term of 3 years—entitled to a refund of one-third of the application fee paid (other than the processing component) for each complete year remaining for the licence, or
(b)	for a licence with a term of 5 years—entitled to a refund of one-fifth of the application fee paid (other than the processing component) for each complete year remaining for the licence.

(5)

In this clause—

application fee means any of the following—

(a)	an application fee for the grant of a licence,
(b)	an application fee for the renewal of a licence,
(c)	an application fee for the restoration of a licence.

processing component, of an application fee, is the amount set out in Column

3 of Part 1 of Schedule 1 in relation to the fee.

[3]      Clause 11 Licence fee for dealing in motor vehicles on wholesale basis only

Insert “, renewal or restoration” after “grant” in clause 11(4)(b)(ii).

[4]      Clause 11(4)(c)

Insert after clause 11(4)(b)—

(c) in relation to a 5 year licence—

Motor Dealers and Repairers Amendment (Fees) Regulation 2020 [NSW]
Schedule 1 Amendment of Motor Dealers and Repairers Regulation 2014

(i)      if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence, the whole of the Compensation Fund contribution component set out in Column 4 of Part 1 of Schedule 1 in relation to the licence, or

(ii)      if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence, four-fifths of the Compensation Fund contribution component set out in Column 4 of Part 1 of Schedule 1 in relation to the licence, or

(iii)      if the payment is made more than 2 years but not more than 3 years after the grant, renewal or restoration of the licence, three-fifths of the Compensation Fund contribution component set out in Column 4 of Part 1 of Schedule 1 in relation to the licence, or

(iv)      if the payment is made more than 3 years but not more than 4 years after the grant, renewal or restoration of the licence, two-fifths of the Compensation Fund contribution component set out in Column 4 of Part 1 of Schedule 1 in relation to the licence, or

(v)      if the payment is made more than 4 years after the grant, renewal or restoration of the licence, one-fifth of the Compensation Fund contribution component set out in Column 4 of Part 1 of Schedule 1 in relation to the licence.

[5]      Schedule 1 Fees

Omit Part 1. Insert instead—

Part 1 Fees payable

Item Column 1 Column 2 Column 3 Column 4 Column 5

Type of fee	Fixed	Processing	Compensation	Total (in fee
component (in	component	Fund	units)
fee units)	(in fee units)	contribution (in fee units)
Motor dealer

1	Application for grant of licence
(a) 1 year 3.29 per notified 2.19 9.48 per notified 14.96

premises premises

(b)	3 years	9.88 per notified	2.19	12.24 per notified	24.31
premises	premises
(c)	5 years	16.45 per notified	2.19	20.4 per notified	39.04
premises	premises

2	Application for renewal of licence
(a) 1 year 3.29 per notified 0.71 1.39 per notified 5.39

premises premises

(b)	3 years	9.88 per notified	0.71	4.14 per notified	14.73
premises	premises
(c)	5 years	16.45 per notified	0.71	6.95 per notified	24.11
premises	premises

Motor Dealers and Repairers Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Motor Dealers and Repairers Regulation 2014

Item	Column 1	Column 2	Column 3	Column 4	Column 5
Type of fee	Fixed	Processing	Compensation	Total (in fee
component (in	component	Fund	units)
fee units)	(in fee units)	contribution (in fee units)
3	Application for restoration of licence

(a)	1 year	3.29 per notified	1.47	1.39 per notified	6.15
premises	premises
(b)	3 years	9.88 per notified	1.47	4.14 per notified	15.49
premises	premises
(c)	5 years	16.45 per notified	1.47	6.95 per notified	24.87
premises	premises

Motor vehicle repairer

4	Application for grant of licence
(a) 1 year 2.24 per notified 2.19 2.79 per notified 7.22

premises premises

(b)	3 years	4.42 per notified	2.19	3.69 per notified	10.3
premises	premises
(c)	5 years	11.2 per notified	2.19	5.49 per notified	18.88
premises	premises

5	Application for renewal of licence
(a) 1 year 1.09 per notified 0.71 0.45 per notified 2.25

premises premises

(b)	3 years	3.27 per notified	0.71	1.34 per notified	5.32
premises	premises
(c)	5 years	5.45 per notified	0.71	2.25 per notified	8.41
premises	premises

6	Application for restoration of licence
(a) 1 year 1.09 per notified 1.47 0.45 per notified 3.01

premises premises

(b)	3 years	3.27 per notified	1.47	1.34 per notified	6.08
premises	premises
(c)	5 years	5.45 per notified	1.47	2.25 per notified	9.17
premises	premises

Motor vehicle recycler

7	Application for grant of licence
(a) 1 year 3.29 per notified 2.19 Nil 5.48

premises

(b)	3 years	9.88 per notified	2.19	Nil	12.07
premises
(c)	5 years	16.45 per notified	2.19	Nil	18.64
premises

Motor Dealers and Repairers Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Motor Dealers and Repairers Regulation 2014

Item	Column 1	Column 2	Column 3	Column 4	Column 5
Type of fee	Fixed	Processing	Compensation	Total (in fee
component (in	component	Fund	units)
fee units)	(in fee units)	contribution (in fee units)
8	Application for renewal of licence

(a)	1 year	3.29 per notified	0.71	Nil	4
premises
(b)	3 years	9.88 per notified	0.71	Nil	10.59
premises
(c)	5 years	16.45 per notified	0.71	Nil	17.16
premises

9	Application for restoration of licence
(a) 1 year 3.29 per notified 1.47 Nil 4.76

premises

(b)	3 years	9.88 per notified	1.47	Nil	11.35
premises
(c)	5 years	16.45 per notified	1.47	Nil	17.92
premises

Tradesperson’s certificate

10

Application for grant
of certificate

(a)	1 year	Nil	0.3	Nil	0.3
(b)	3 years	Nil	0.69	Nil	0.69
(c)	5 years	Nil	1.15	Nil	1.15

11

Application for
renewal of certificate

(a)	1 year	Nil	0.2	Nil	0.2
(b)	3 years	Nil	0.48	Nil	0.48
(c)	5 years	Nil	0.8	Nil	0.8

12

Application for
restoration of
certificate

(a)	1 year	Nil	0.26	Nil	0.26
(b)	3 years	Nil	0.57	Nil	0.57
(c)	5 years	Nil	0.92	Nil	0.92

13

Application to amend Nil 0.48 Nil 0.48

certificate to add or
remove class of repair
work

Other fees

Motor Dealers and Repairers Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Motor Dealers and Repairers Regulation 2014

Item	Column 1	Column 2	Column 3	Column 4	Column 5
Type of fee	Fixed	Processing	Compensation	Total (in fee
component (in	component	Fund	units)
fee units)	(in fee units)	contribution (in fee units)
14	Application for	Nil	0.46	Nil	0.46
replacement of licence or certificate
15	Application for	Nil	0.31	Nil	0.31
certificate certifying licensee status