Motor Dealers (Motor Vehicle Repairs) Amendment Act 1980 (NSW)

MOTOR DEALERS (MOTOR VEHICLE REPAIRS)

AMENDMENT ACT, 1980, No. 73

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act No. 73, 1980.

An Act to amend the Motor Dealers Act, 1974, to prevent recourse being had to the disputes or compensation provisions of that Act where recourse is being or has been had to the like provisions of the Motor Vehicle Repairs Act, 1980. [Assented to, 29th April, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Motor Dealers (Motor

Vehicle Repairs) Amendment Act, 1980".

2 .       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on the day appointed and notified under section 2 (2) of the Motor Vehicle Repairs Act, 1980.

3 . The Motor Dealers Act, 1974, is amended—

(a) (i) by omitting from section 31 (2) (a) the word

"or" where lastly occurring;

(ii)   by omitting from section 31 (2) (b) the word "time." and by inserting instead the word "time;";

(iii)   by inserting after section 31 (2) (b) the following paragraphs :—

(c) if that matter is, at that time, the subject of an application under Part VI of the Motor Vehicle Repairs Act, 1980, unless the application under that Act is withdrawn; or

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(d) if, at that time, that matter has been deter­ mined under Part VI of the Motor Vehicle Repairs Act, 1980, or that matter is deter­ mined under that Act pursuant to an application under that Act made at or before that time.

(b) by inserting after section 40 (5) the following subsection :—

(6) The Commissioner shall not certify a loss if it is or has been the subject of a claim under section 63 of the Motor Vehicle Repairs Act, 1980, unless the claim has been withdrawn or dismissed.