Motor Vehicle Dealers (Licensing) Amendment Regulations (No. 3) 2011 (WA)

10 Jnnuairy 2012 GOVERNMENT CT1ZETTE , WA 409

CP301*

Motor Vehicle Dealers Act 1973

Motor Vehicle Dealers (Licensing) Amendment

Regulations (No. 3) 2011

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Motor Vehicle Dealers (Licensing)

Ainenclhnent Regulations (No. 3) 2011.

2.             Commencement

These regulations come into operation as follows

(a) re i ulations I and 2 on the day on hich these

regulations are published in the Gazette;

(h) the rest of the regulations	on the day after that day.
(Commonwealth)) of that hody corporate.

3.             Re;uhitions .emended

These regulations amend the Motor Vehicle Dealers (Licensing)

Reguhilions 197-I.

4.             Regulation 9 inserted

After regulation 8 insert:

9.             Exempt sales and exempt exchanges (section 5B(4))

(1) In this reulatitfn
related conrpan}^. in relation to a body coipoiate,
means a body corporate that is a related body corporate
(within the meaning, of the Corporations Act 2001

tl C1 CTOVERN'MENT GAZETTE. WA 10 Jnriu^iry 2012

(2) For the purposes of section 5B(4) the following- sales and exchanges are prescribed to be exempt sales and exchan^tes —

(a) sale of a vehicle to

(i)      a licensed dealer; or

(ii)      a financier or a company related to a financier; or

(iii)      an employee, or (if the vendor is a company) an employee of a related

coI11paIly;

(h) sale of a vehicle, at public auction or by way of

public tender. by a financier where the
vehicle-

(i)      has been returned to the financier by a person who is not a dealer. pursuant to a contract between the financier and that person; or

(ii)  

sale of a vehicle by private treaty by a financier, to a person introduced to the financier by a person from horn the vehicle has been repossessed: has been repossessed by the financier pursuant to a contract between the financier and that person;

(c)

(d) sale of a vehicle at a public auction. when the vehicle —

(i)      was last owned or used by an employee of a government department or a statutory authority, in his or her capacity as an employee; or

(ii)	was last owned
not a dealer. that has been wound up

• by a company.. that was

and when the sale —

(1) is by a liquidator under a power

conferred by the Co p oraiinns Act 2001 (Commonwealth); or

(II) is the result of an order of the

Supreme Court.

(3) For the purposes of section 5B(4) the sale or exchange

of a vehicle that has been licensed by the Director
General (as defined in the Road Traffic Act 1974
section 5(1)) under the Road Traffic (Licensing)

Regu/alions 1975 regulation 9(3)

(a) subject to conditions of use based can car club

membership; or

10 Jnnuatry 2012 GOVERNMENT CTAZETTE , WA S11

(b) despite certain non-compliant features. due to the vehicle being a unique or historic vehicle;

or

(c) for a concessional charge. due to limited use conditions and club membership requirements i mposed by the Director General on the vehicle's owner.

is prescribed to be an exempt sale or exchange.

By Command of the Governor,

R. KENNEDY. Clerk of the Executive Council.

CP302'^

FAIR TRADING ACT 2010
The following instrument is published under the Fair Trading Act Section 21

COMMONWEALTH OF AUSTRALIA

Competition and Con.srrmer Acf. 2010

Competition and Consumer Amendment Regulations 2011 (No. 2)'

Select. Legislative Instrument. 2011 No. 225
1, Quentin Bryce, Governor-General of the Commonwealth of Australia, acting with
the advice of the Federal Executive Council, make the following Regulations under
the Competition and Consumer Act 2010.

Dated 23 November 2011.

QUENTIN BRYCE, Governor-General.

By Her Excellency's Command,

DAVID 13RADBURY, Parliamentary : Secretary to the Treasurer.

1 Name of Regulations
These Regulations are the Competition and Consumer Amendment Regulations 2011

(No. 2).

2 Commencement

These Regulations commence on 1 January 2012.
3 Amendment of Competition and Consumer Regulations 2010

Schedule 1 amends the Competition and Consumer Regulations 2010.

Schedule 1 Amendment.

(regulation 3)

[1] After regulation 94

not apply to the supply of goods to i consumer under an unsolicited consumer agreement if the total price payable for the goods under the agreement. is $500 or less.

insert. Australian Consumer Law does
95 Application of paragraph 86 (1) (a) of Australian Consumer Law

Note This regulation does not apply in relation to the supply of services under the agreement.

Note

1. All legislative instruments and cominI t.ions are registered on the Federal Register of Legislative Instruments kept under the Legislatitie Instruments Act 2003. See ht.t.T):// .