Motor Vehicle Dealers (Licensing) Regulations 1974 (WA)
Western Australia
Motor Vehicle Dealers Act 1973
Western Australia
Motor Vehicle Dealers Act 1973
These regulations may be cited as the
A person who in any application or notice makes a false statement or misleading statement or representation commits an offence.
Penalty: $2 000.
For the purposes of section 19(1) of the Act, the prescribed period is 3 years.
For the purposes of section 19(3) of the Act, the amount prescribed by way of a penalty for a late application is 25% of the appropriate licence fee.
(1) The fees set out in Schedule 3 are the fees to be paid in respect of the matters to which they are applicable.
[(2) deleted]
(1) The particulars set out in subregulations (2) to (4) are prescribed for the purposes of the register of authorisations to be kept under section 24(1) of the Act.
(2) For each holder of a vehicle dealer’s licence, the particulars are —
(a) the name of the licensee;
(b) the registered office of the licensee;
(c) the licence number of the licensee;
(d) whether the licensee is a natural person, a firm or a body corporate;
(e) the date the application for the licence was lodged;
(f) the date any application for the renewal of the licence was lodged;
(g) the date on which the licence was granted;
(h) if applicable — the date on which the licence was renewed;
(i) the business names listed in the application for the licence or the application for the renewal of the licence;
(j) if the licensee is a body corporate — the names of the directors and secretary of the licensee;
(k) the names of the managers of the licensee;
(l) the authorised premises of the licensee;
(m) the names of the yard manager for the authorised premises.
(3) For each holder of a yard manager’s licence, the particulars are —
(a) the name of the licensee;
(b) the licence number of the licensee;
(c) the residential address of the licensee;
(d) the date the application for the licence was lodged;
(e) the date any application for the renewal of the licence was lodged;
(f) the date on which the licence was granted;
(g) if applicable — the date on which the licence was renewed;
(h) the name and address of the vehicle dealer that employs the licensee;
(i) the authorised premises at which the licensee is situated.
(4) For each holder of a salespersons licence, the particulars are —
(a) the name of the licensee;
(b) the licence number of the licensee;
(c) the residential address of the licensee;
(d) the date the application for the licence was lodged;
(e) the date any application for the renewal of the licence was lodged;
(f) the date on which the licence was granted;
(g) if applicable — the date on which the licence was renewed;
(h) the name and address of the vehicle dealer that employs the licensee;
(i) the authorised premises at which the licensee is situated.
(1) A yard manager or salesperson must give a notice in the approved form to the Commissioner if there is a change in any of the information relating to the employment or place of employment of the yard manager or salesperson.
(2) The notice must be given within 14 days after the change in the information relating to the yard manager or salesperson.
(1) A business described in Schedule 4 column 2 is prescribed for the purposes of section 5A.
(2) A category of dealer’s licence listed in Schedule 4 column 1 is prescribed for the description of business opposite that category in column 2.
(1) In this regulation —
(2) For the purposes of section 5B(4) the following sales and exchanges are prescribed to be exempt sales and exchanges —
(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 company;
(b) 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) has been repossessed by the financier from a person who is not a dealer, pursuant to a contract between the financier and that person;
(c) sale of a vehicle by private treaty by a financier, to a person introduced to the financier by a person from whom the vehicle has been repossessed;
(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 by a company, that was not a dealer, that has been wound up and when the sale —
(I) is by a liquidator under a power conferred by the
Corporations 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 as of Class B under the
Road Traffic (Vehicles) Regulations 2014 regulation 35(1) or (2) —(a) subject to conditions of use based on car club membership; or
(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 imposed on the use of the vehicle,
is prescribed to be an exempt sale or exchange.
(1) A dealer’s licence that is in force immediately before the commencement of the
Commerce Regulations Amendment (Motor Vehicle Dealers and Repairers) Regulations 2021 regulation 10 continues to have effect, on and after that commencement, as if those regulations had not come into operation.(2) Subregulation (1) ceases to operate in relation to a dealer’s licence on the day on which —
(a) the licence expires; or
(b) if the licence is to be renewed — the licence would have expired.
(1) A dealer’s licence that is in force immediately before 1 March 2023 continues to have effect, on and after that day, as if the
Commerce Regulations Amendment (Motor Vehicle Dealers and Repairers) Regulations 2022 regulation 6 had not come into operation.(2) Subregulation (1) ceases to operate in relation to a dealer’s licence on the day on which —
(a) the licence expires; or
(b) if the licence is renewed — the licence would have expired had it not been renewed.
[r. 7]
1. | Application for grant or renewal of dealer’s licence (Act s. 15 and 19(3)) | 1 010.00 plus 1 120.00 for each premises to be authorised under section 20E(3) of the Act in relation to the licence |
2. | Application for grant or renewal of yard manager’s licence (Act s. 16(1) and 19(3)) | 602.00 |
3. | Application for grant or renewal of salesperson’s licence (Act s. 17(1) and 19(3)) | 408.00 |
4. | Application for car market operator’s registration or renewal of registration (Act s. 17B and 19(3)) | 1 010.00 plus 1 120.00 for each premises to be authorised under section 21A(3) of the Act in relation to the registration |
5. | Application (Act s. 20F) — | |
(a) to alter particulars of premises | 177.00 for each premises altered | |
(b) to add to particulars of premises | 177.00 for each premises added | |
6. | Application for a temporary permit (Act s. 20H(3)) | 222.00 |
7. | Application (Act s. 21B) — | |
(a) to alter particulars of premises | 156.00 for each premises altered | |
(b) to add to particulars of premises | 149.00 for each premises added | |
8. | Application for exemption from the Act (Act s. 31(1)(a)) | 182.00 |
9. | Duplicate licence | 35.00 |
[r. 8]
A | Buying, selling and auctioning vehicles. |
B | Buying any vehicles for the purpose of dismantling them and selling off the parts. |
C | Acting as an agent to facilitate the sale or purchase of any vehicles on behalf of members of the public. |
D | Hiring out vehicles, buying vehicles for hiring out, and selling and auctioning any vehicles that have been hired out by the dealer. |
E | Selling (including by auction) vehicles under consignment agreements. |
Any combination of A, B, C, D and E, as nominated by the dealer. | The businesses the subject of the nominated categories. |
This is a compilation of the
29 Mar 1974 p. 1103‑21 | 5 Apr 1974 (see | |
Untitled regulations | 10 May 1974 p. 1535 | 10 May 1974 |
Untitled regulations | 11 Jun 1976 p. 1887‑90 | 11 Jun 1976 |
Untitled regulations | 22 Oct 1976 p. 3989‑94 | 22 Oct 1976 |
Untitled regulations | 12 Apr 1979 p. 1021 | 1 May 1979 |
28 Aug 1981 p. 3589 | 1 Sep 1981 (see r. 2) | |
21 Oct 1983 p. 4297 | 21 Oct 1983 | |
21 Jun 1985 p. 2262 | 21 Jun 1985 | |
30 May 1986 p. 1816 | 30 May 1986 | |
24 Dec 1986 p. 4998‑9 | 24 Dec 1986 | |
6 Mar 1987 p. 573‑4 | 6 Mar 1987 | |
4 Sep 1987 p. 3518 | 4 Sep 1987 | |
22 Jul 1988 p. 2520‑1 | 22 Jul 1988 | |
30 Jun 1989 p. 1975 | 1 Jul 1989 (see r. 2) | |
1 Aug 1990 p. 3652 | 1 Aug 1990 | |
13 Dec 1991 p. 6159‑60 | 13 Dec 1991 | |
14 Aug 1992 p. 4017‑18 | 14 Aug 1992 | |
30 Nov 1993 p. 6406‑7 | 30 Nov 1993 | |
13 Sep 1994 p. 4659‑61 | 13 Sep 1994 | |
29 Dec 1995 p. 6343‑6 | 29 Dec 1995 | |
30 Apr 1996 p. 1862‑3 | 30 Apr 1996 | |
28 Jun 2002 p. 3057‑8 | 1 Jul 2002 (see r. 2) | |
13 Aug 2002 p. 4155‑8 | 1 Sep 2002 (see r. 2 and | |
27 Jun 2003 p. 2553‑4 | 1 Jul 2003 (see r. 2) | |
29 Jun 2004 p. 2508‑10 | 1 Jul 2004 (see r. 2) | |
28 Jun 2005 p. 2899‑900 | 1 Jul 2005 (see r. 2) | |
27 Jun 2006 p. 2257‑9 | 1 Jul 2006 (see r. 2) | |
15 Jun 2007 p. 2776‑8 | r. 1 and 2: 15 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) | |
17 Jun 2008 p. 2552‑4 | r. 1 and 2: 17 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) | |
23 Jun 2009 p. 2444‑6 | r. 1 and 2: 23 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) | |
25 Jun 2010 p. 2848‑51 | r. 1 and 2: 25 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b)) | |
22 Jun 2011 p. 2357‑60 | r. 1 and 2: 22 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | |
30 Jun 2011 p. 2661‑2 | r. 1 and 2: 30 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | |
10 Jan 2012 p. 409‑11 | r. 1 and 2: 10 Jan 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Jan 2012 (see r. 2(b)) | |
15 Jun 2012 p. 2591‑4 | r. 1 and 2: 15 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b)) | |
27 Jun 2013 p. 2687-90 | r. 1 and 2: 27 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) | |
17 Jun 2014 p. 1968-70 | r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) | |
15 Jul 2014 p. 2461-2 | r. 1 and 2: 15 Jul 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2014 (see r. 2(b)) | |
8 Jan 2015 p. 85‑6 | r. 1 and 2: 8 Jan 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and | |
23 Jun 2015 p. 2178‑9 | r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) | |
23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) | |
27 Jun 2017 p. 3408‑16 | 1 Jul 2017 (see r. 2(b)) | |
25 Jun 2018 p. 2325‑53 | 1 Jul 2018 (see r. 2(b)) | |
18 Jun 2019 p. 2077‑115 | 1 Jul 2019 (see r. 2(b)) | |
SL 2020/196 27 Oct 2020 | 28 Oct 2020 (see r. 2(b)) | |
SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | |
SL 2021/164 24 Sep 2021 | 25 Sep 2021 (see r. 2(c)) | |
SL 2022/59 20 May 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2022/161 23 Sep 2022 | 1 Mar 2023 (see r. 2(b)) | |
SL 2023/35 5 May 2023 | 1 Jul 2023 (see r. 2(b)) | |
SL 2024/96 12 Jun 2024 | 1 Jul 2024 (see r. 2(c)) | |
SL 2025/89 11 Jun 2025 | 1 Jul 2025 (see r. 2(b)) | |
related company.......................................................................................................... 9(1)
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