Motor Vehicle Repairers Amendment Regulations 2008 (WA)

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!200800101GG!

WESTERN 2801
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X

PRINT POST APPROVED PP665002/00041

PERTH, TUESDAY, 24 JUNE 2008 No. 101 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
© STATE OF WESTERN AUSTRALIA

MOTOR VEHICLE REPAIRERS ACT 2003
_________

MOTOR VEHICLE REPAIRERS
AMENDMENT
REGULATIONS 2008

24 June 2008 GOVERNMENT GAZETTE, WA 2803

Motor Vehicle Repairers Act 2003

Motor Vehicle Repairers Amendment

Regulations 2008

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.
1. Citation

These regulations are the Motor Vehicle Repairers Amendment
Regulations 2008.

2. Commencement
These regulations come into operation as follows:

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Motor Vehicle Repairers Act 2003 Part 2 comes into operation.

3. The regulations amended

The amendments in these regulations are to the Motor Vehicle
Repairers Regulations 2007.

4. Regulation 3 amended
Regulation 3(1) is amended as follows:

(a) in the definition of “gas fuel system” —
(i) by inserting after “following” —
“ types of system ”;

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(ii) by inserting after paragraph (c) —

“

(d) a hydrogen (or H2) fuel system;

”;

(b)

by deleting the definition of “heavy vehicle servicing work” and inserting instead —
“
“heavy vehicle servicing work” means any work
required to do any of the following —

(a) in respect of a heavy vehicle to which paragraph (b) does not apply, to carry out minor electrical servicing or to service any of the following —
(i)      the fuel system;
(ii)      the air induction system;
(iii)      the engine;
(iv)      the ignition system;
(v)      the engine management system;
(vi)      the cooling system;
(vii)      the driveline;

(viii) any electronic drive management
system;
(ix)      the braking system;
(x)      the steering system;
(xi)      the suspension system;
(xii)      a wheel assembly;
(xiii)      any hydraulic system;

(b) in respect of a heavy vehicle during an emergency breakdown —
(i) to diagnose the cause of the breakdown;

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(ii) to carry out emergency servicing or repair on a thing diagnosed as the cause or possible cause of the breakdown;

”;

(c)

by deleting the definition of “light vehicle servicing work” and inserting instead —
“
“light vehicle servicing work” means any work
required to do any of the following —

(a) in respect of a light vehicle to which paragraph (b) does not apply, to carry out minor electrical servicing or to service any of the following —
(i)      the fuel system;
(ii)      the air induction system;
(iii)      the engine;
(iv)      the ignition system;
(v)      the engine management system;
(vi)      the cooling system;
(vii)      the driveline;

(viii) any electronic drive management
system;
(ix)      the braking system;
(x)      the steering system;
(xi)      the suspension system;
(xii)      a wheel assembly;
(xiii)      any hydraulic system;

(b) in respect of a light vehicle during an emergency breakdown —
(i) to diagnose the cause of the breakdown;

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(ii) to carry out emergency servicing or repair on a thing diagnosed as the cause or possible cause of the breakdown;

”;

(d)

by deleting the definition of “motor cycle servicing work” and inserting instead —
“
“motor cycle servicing work” means any work
required to do any of the following —

(a) in respect of a motor cycle to which paragraph (b) does not apply, to carry out minor electrical servicing or to service any of the following —
(i)      the fuel system;
(ii)      the air induction system;
(iii)      the engine;
(iv)      the ignition system;
(v)      the engine management system;
(vi)      any cooling system;
(vii)      the driveline;

(viii) any electronic drive management
system;
(ix)      the braking system;
(x)      the steering system;
(xi)      the suspension system;
(xii)      a wheel assembly;

(b) in respect of a motor cycle during an emergency breakdown —
(i) to diagnose the cause of the breakdown;

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(ii) to carry out emergency servicing or repair on a thing diagnosed as the cause or possible cause of the breakdown;

”;

(e) by inserting in the appropriate alphabetical positions —
“
“apprentice” means an apprentice (including a person

on probation) under the Industrial Training
Act 1975;

“autogas work” means any work required to do any of
the following —

(a) to service, repair, overhaul or modify a gas fuel system that is, was, or may be, fitted to a heavy vehicle or light vehicle;
(b) to convert a fuel system in a heavy vehicle or light vehicle to a gas fuel system or to a system that consists partly of a gas fuel system;
(c) to convert a fuel system that consists partly of a gas fuel system —
(i) to a fuel system that is not a gas fuel system; or
(ii) to a gas fuel system;

“Class E permit or authorisation”, in relation to a
type of gas fuel system, means a permit, or
authorisation, as defined in the Gas Standards
(Gasfitting and Consumer Gas Installations)
Regulations 1999 —

(a)

that is of a grade designated as Class E under those regulations; and

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(b)

under which the holder is authorised to do gasfitting work on that type of gas fuel system;
“emergency servicing or repair”, when used in
connection with a thing diagnosed as the cause or
possible cause of the breakdown of a vehicle,
means servicing, or repair, that is on-the-spot and
of a minor nature and that a person providing a
breakdown service is reasonably expected to be
required to carry out for the purpose of restoring,
or attempting to restore, the vehicle’s mobility,
including, if applicable, any of the following —

(a)

carrying out minor electrical servicing and minor electrical repair;

(b)

cleaning or lubricating the thing or any of its components;

(c)

replenishing any oil, lubricant, coolant or other liquid that requires replenishment;
(d) replacing the thing or any of its component;

(e)

tightening or otherwise adjusting the thing or any of its component,
but not including refuelling a vehicle that has run
out of fuel;

“existing repair business” means a person or firm to
whom the Act Schedule 3 clause 1 applies and
who is an applicant for a business licence;

“licence notice” means a notice issued under
regulation 19;

“number of repairers” of an applicant for a business
licence or renewal of a business licence, means the number of full-time equivalent individuals that the applicant employs (if the applicant is an existing
repair business or a licensee), or proposes to
employ (in the case of any other applicant), to

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carry out or supervise repair work in connection
with the business to which the application relates,
including —

(a) any individual whom the applicant engages, or proposes to engage, as the case requires, under a contract for services (other than a
contract with a person or firm who holds a
business licence); and
(b) if the applicant is an individual and personally carries out or supervises repair work in connection with the business, or proposes so to do, as the case requires — the applicant; and
(c)
member of the firm personally carries out or
supervises repair work in connection with
if the applicant is a firm and any individual requires — the individual member,

but not including any apprentice or trainee;
“repairer” of a licensee, means an individual
employed by the licensee, whether on a full-time, part-time or casual basis, to carry out or supervise repair work in connection with the business to
which the licence relates, and includes —

(a)

an individual engaged by the licensee under a contract for services (other than a contract with a person or firm who holds a business licence); and

(b)

if the licensee is an individual and personally carries out or supervises repair work in connection with the business — the licensee; and

(c)

if the licensee is a firm and any individual member of the firm personally carries out or

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supervises repair work in connection with
the business — the individual member,
but does not include any apprentice or trainee;
“replacement application” means an application
under the Act section 15, 17 or 19 that —

(a)

is made by the holder of a business licence (the “old licence”) for any classes of repair work that include one or more classes of
repair work already covered by the old
licence; and

(b)

is requested by the applicant to be a replacement application; and

(c)

is made more than 3 months before the day on which the old licence is due to expire as mentioned in the Act section 30(2)(a);

“replacement licence” means a business licence
issued on the grant of a replacement application;

“replacement licence notice” means a notice issued
under regulation 7B;

“trainee” means a trainee (including a person on
probation) under a traineeship scheme as defined
in the Industrial Training Act 1975;

“transitional application” means an application under
the Act section 15, 17 or 19 that —

(a)

is the first such application made by an existing repair business; and

(b)

is made before the expiry of 12 months after the commencement of the Act section 9;

“transitional licence” means a business licence issued
on the grant of a transitional application;

”.

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(2) After regulation 3(2)(e) the following paragraph is inserted —
“

(fa) a reference to modifying a gas fuel system in a
motor vehicle includes a reference
to converting the gas fuel system —
(i) to a fuel system that is not a gas fuel system; or
(ii) to a system that consists partly of a gas fuel system;

”.

5. Regulation 5 amended

(1) Regulation 5 is amended by deleting all the words from and
including “For” to and including “repair work.” and inserting
instead —
“

(1) For the purposes of the Act Part 2, each kind of work
listed in the Table to this regulation is prescribed to be
a class of repair work.
(2) For the purposes of the Act Part 3, each kind of work
listed in the Table to this regulation (other than autogas
work) is prescribed to be a class of repair work.

”.

(2) The Table to regulation 5 is amended by inserting after
item 1 —
“

2A. Autogas work

”.

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6. Part 2A inserted
After regulation 6 the following Part is inserted —

“
Part 2A — Licensing of motor vehicle
repair businesses

7A. Prescribed fee (Act s. 13)

(1) For the purposes of the Act section 13(3)(a)(ii), the
prescribed fee is —

(a) in the case of a transitional application, the sum of —
(i) $150; and
(ii) the amount determined in accordance with subregulation (2) in respect of the application;

(b) in the case of a replacement application, the sum of —
(i) $112; and
(ii) the amount determined in accordance with subregulation (4) in respect of the application;

(c) in the case of any other application under the Act section 15, 17 or 19, the sum of —
(i) $150; and
(ii) the amount determined in accordance with subregulation (6) in respect of the application.

(2)

For the purposes of subregulation (1)(a)(ii), the amount in respect of a transitional application, regardless of the number of classes of repair work to which the

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application relates, is the following amount rounded to
the nearest dollar —

a × p
36

where —

a is the amount specified in the Table to this
regulation in the item that specifies the number
of repairers of the applicant at the time the
application is made; and

p

is the period (in months) for which the transitional licence is to be issued if the application is granted, as prescribed under
regulation 7E(1)(a).

(3) For the purposes of the Act section 13(3)(a)(ii), a
transitional application is accompanied by the
prescribed fee if —

(a)

the amount mentioned in subregulation (1)(a)(i) is paid at the time the application is made; and
(b) either —
(i) the required payment stated in the licence notice issued in respect of the application is received by the Board before the proposed issue day specified in the notice; or
(ii) the amount payable under
subregulation (1)(a)(ii) is waived under
regulation 20(2).

(4) For the purposes of subregulation (1)(b)(ii), the amount
in respect of a replacement application, regardless of
the number of classes of repair work to which the
application relates, is the following amount rounded to
the nearest 5 cents —

a × p

3 x 365

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where —

a is the amount specified in the Table to this
regulation in the item that specifies the number
of repairers of the applicant at the time the
application is made; and
p is the period (in days) for which the
replacement licence is to be issued if the
application is granted, as prescribed under
regulation 7E(1)(b).

(5) For the purposes of the Act section 13(3)(a)(ii), a
replacement application is accompanied by the
prescribed fee if —

(a)

the amount mentioned in subregulation (1)(b)(i) is paid at the time the application is made; and
(b) any of the following applies —

(i)
the required payment stated in the respect of the application is nil;
(ii) the required payment stated in the replacement licence notice is received by the Board before the proposed issue day specified in the notice;

(iii) the amount payable under
subregulation (1)(b)(ii) is waived under
regulation 16(3).

(6) For the purposes of subregulation (1)(c)(ii), the amount
in respect of an application that is not a transitional
application or replacement application, regardless of
the number of classes of repair work to which the
application relates, is the amount specified in the Table
to this regulation in the item that specifies the number
of repairers of the applicant at the time the application
is made.

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Table

Item Number of Amount
repairers

1. 1 to 2 $600

2. 3 $840

3. 4 $1 050

4. 5 to 7 $1 530
5. 8 to 10 $1 950

6. 11 or more $2 460

7B. Notice relating to replacement applications

(1) In this regulation —
“outstanding fee”, in relation to a replacement
application, means the amount payable by the
applicant under regulation 7A(1)(b)(ii);

“proposed refund”, in relation to a notice issued
under this regulation in respect of a replacement
application, means any amount that the Board will,
under the Act section 53, refund to the applicant as
the former licensee of the old licence on the
surrender of the old licence on the proposed issue
day specified in the notice.

(2) This regulation applies if the Board proposes to issue a
replacement licence.
(3) The Board must issue a notice to the applicant
stating —

(a)
licence to the applicant on the proposed issue
day specified in the notice, being a date not
that the Board proposes to issue a replacement and

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(b) the amount of payment required, being whichever of the following amounts that is applicable —
(i) if the outstanding fee exceeds any proposed refund — the outstanding fee less any proposed refund;
(ii) in any other case — nil;

and

(c)

the provisions under subregulations (4) and (5); and

(d)

whether, for the purpose of subregulation (6), the notice is to cease to have effect or the application is to be taken to have been withdrawn if the required payment is not received, or the old licence is not returned, before the proposed issue day.

(4) The applicant must, unless the applicant notifies the
Board that he, she or it is withdrawing the
application —

(a)

ensure that any required payment is received by the Board before the proposed issue day; and

(b)

return the old licence to the Board before the proposed issue day.

(5) If the required payment is received, and the old licence
is returned, before the proposed issue day, the
following provisions apply —

(a)

the applicant is taken to have given notice to the Board under the Act section 53 that the applicant is surrendering the old licence on the proposed issue day;

(b)

the applicant is taken to have made an application for a refund under the Act section 53 in respect of the old licence;

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(c)

the amount of refund payable to the applicant under the Act section 53 is the proposed refund;

(d)

the Board must apply as much of the amount of refund as possible towards payment of the outstanding fee;

(e)

any amount of refund applied towards payment of the outstanding fee is taken to have been refunded to the applicant;

(f)

if the amount of refund exceeds the outstanding fee, the Board must refund the balance of the amount to the applicant;

(g)

the replacement licence is taken to be issued to the applicant on the proposed issue day.

(6) If the required payment is not received, or the old
licence is not returned, before the proposed issue day,
the notice ceases to have effect or the replacement
application is taken to have been withdrawn, as is
stated in the notice.
(7) If a notice ceases to have effect under
subregulation (6), the Board may issue another notice
under this regulation specifying a new proposed issue
day for the licence.

7C. Fee for duplicate business licence
For the purposes of the Act section 25, the prescribed
fee is $35.75.
7D. Conditions and restrictions attached to business
licences for autogas work
For the purposes of the Act section 28, the following
conditions and restrictions are prescribed for a business
licence for autogas work —

(a)

any premises at or out of which the licensee carries out autogas work must comply with

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Australian Standard AS 2746-1999, Working
areas for gas-fuelled vehicles, published by
Standards Australia on 5 January 1999
(ISBN 0-7337-2399-3);

(b) the licensee must not permit a repairer of the licensee to carry out autogas work on a type of gas fuel system unless the repairer —
(i) holds a Class E permit or authorisation for that type of gas fuel system; or
(ii) carries out the autogas work under the supervision of a person who holds a Class E permit or authorisation for that type of gas fuel system and who is, under the Class E permit or authorisation, authorised to so supervise.

7E. Duration of business licences

(1)

For the purposes of the Act section 30, a business licence is to be issued for the following periods —

(a)

in the case of a transitional licence — the period determined in accordance with regulation 18 in respect of the licence;

(b)

in the case of a replacement licence — the period that is the same as the remaining period for which the old licence was to continue to be in force if it were not surrendered under the Act section 53 as provided under regulation 7B(5);
(c) in any other case — 3 years.

(2) For the purposes of the Act section 30, a business
licence is to be renewed for a period of 3 years.

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7F. Fee for renewal of licence

(1) For the purposes of the Act section 31(3)(b), the
prescribed fee is the sum of —
(a) $150; and

(b)

the amount determined in accordance with subregulation (2) in respect of the application.

(2) For the purposes of subregulation (1)(b), the amount in
respect of an application, regardless of the number of
classes of repair work to which the application relates,
is the amount specified in the Table to this regulation
in the item that specifies the number of repairers of the
applicant at the time the application is made.

Table

Item Number of Amount
repairers

1. 1 to 2 $600

2. 3 $840

3. 4 $1 050

4. 5 to 7 $1 530
5. 8 to 10 $1 950

6. 11 or more $2 460

7G. Change of certain information to be notified by
licensee

(1) In this regulation —
“qualified repairer” of a licensee means —

(a)

a repairer of the licensee who holds a certificate for the class, or any of the classes, of repair work to which the business licence relates; and

(b)

if the business licence relates to autogas work — a repairer of the licensee who holds a Class E permit or authorisation for the

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type, or any of the types, of gas fuel system
on which the licensee carries out autogas
work.

(2) This regulation applies to a licensee if any of the
following events occurs —

(a)

a person ceases to be a qualified repairer of the licensee;

(b)

a person becomes a qualified repairer of the licensee.

(3) The licensee must, within 14 days after an event
mentioned in subregulation (2) occurs, notify the Board
in writing of the event, specifying —

(a) the full name of the person concerned; and

(b)

the day on which the person ceases to be, or becomes, a qualified repairer of the licensee.

Penalty: a fine of $2 000.

”.

7. Regulation 7 amended
Regulation 7 is amended by inserting after “fee” —
“ , regardless of the number of classes of repair work, ”.

8. Part 3 heading replaced

The heading to Part 3 is deleted and the following heading is
inserted instead —
“
Part 3 — Provisions applicable to business
licences and to certificates

”.

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9. Regulation 9 amended

(1) Regulation 9 is amended by inserting before “For” the
subregulation designation “(2)”.
(2) At the beginning of regulation 9 the following subregulation is
inserted —
“

(1) For the purposes of the Act section 50(1)(a), the
following particulars and matters are prescribed in
respect of each business licence that is issued —

(a) the number of the licence;
(b) the day on which the licence is issued;
(c) whether the licence is issued to an individual, a firm or a body corporate;
(d) the name of the person or firm to whom the licence is issued;
(e) the business name under which the person or firm carries on the business to which the licence relates;
(f) if the licence is issued to a body corporate — the address of its registered office;
(g) the class or classes of repair work to which the licence relates;
(h) the address of each premises (other than any mobile premises) at which the licensee is authorised under the Act section 59 to carry on business under the authority of the licence;
(i)
for each mobile premises (if any) out of which section 59 to carry on business under the authority of the licence —

(i)
the make, model and registration constituting the premises;

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(ii) the address at which the vehicle is normally kept;

(j)

any condition or restriction attached to the licence;
(k) the day on which the licence expires;

(l)

if the licence ceases to be in force under the Act section 30(2)(b), (c), (d) or (e) — the day on which it ceases to be in force.

”.

10. Regulation 10 amended

Regulation 10 is amended by deleting “the register of
certificates” and inserting instead —
“ a register ”.

11. Parts 4 and 5 and Schedule 1 inserted

After regulation 11 the following Parts and Schedule are
inserted —
“
Part 4 — Miscellaneous
12. Fees for changes in authorised premises

(1) In this regulation —
“fixed premises” means any premises that are not
mobile premises.

(2) For the purposes of the Act section 61(1)(c), the
prescribed fee is —

(a)

if the application involves adding particulars of any mobile premises or substituting particulars of any premises with particulars of any mobile premises — $56 for each of the mobile

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premises the particulars of which are to be
added; and

(b) if the application involves adding particulars of any fixed premises or substituting particulars of any premises with particulars of any fixed
premises — $112 for each of the fixed premises
the particulars of which are to be added.
13. Infringement notice offences and penalties

(1) The offences created by the provisions specified in
column 2 in the Table to this regulation are prescribed
under the Act section 98 as offences for which an
infringement notice may be given under the Act
section 100.
(2) For the purposes of the Act section 99(1), the modified
penalty prescribed for the offence created by the
provision specified in column 2 of an item in the Table
to this regulation is —

(a)

for an individual — the amount specified in column 3 of that item;

(b)

for a body corporate — the amount specified in column 4 of that item.

Table

Item Provision Modified Modified

penalty — penalty — body

individual corporate

1. Section 14(2) $150 $300
2. Section 27(6) $150 $300
3. Section 33(2) $200 $400
4. Section 38(1) $200 $400
5. Section 38(2) — $400
6. Section 39(2) $500 —
7. Section 39(3) $500 $2 500

8. Section 40 $500 —
9. Section 43(6) $150 $300

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Item Provision Modified Modified

penalty — penalty — body

individual corporate

10. Section 48(1) $150 —

11. Section 57 $500 $2 500
12. Section 63(3) $150 $300
13. Section 64(2) $150 $750
14. Section 69(2) $150 $300
15. Section 71(3) $150 $750
16. Section 108 $150 $300
17. Regulation 7G $200 $400
14. Forms of infringement notice and withdrawal notice

(1) For the purposes of the Act section 101(1), Schedule 1
Form 1 is prescribed.
(2) For the purposes of the Act section 103(1), Schedule 1
Form 2 is prescribed.
15. Refund of fee on withdrawal or refusal of certain applications

(1)

This regulation does not apply to or in relation to a transitional application or replacement application.
(2) If an applicant withdraws an application made under
the Act section 15, 17, 19 or 31, the Board must refund
to the applicant —

(a)

so much (if any) of the amount paid under regulation 7A(1)(c)(i) or 7F(1)(a), as the case requires, as the Board determines to be appropriate; and

(b)

the amount paid under regulation 7A(1)(c)(ii) or 7F(1)(b), as the case requires.

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(3) If the Board refuses an application made under the Act
section 15, 17, 19 or 31, the Board must refund to the
applicant the amount paid under regulation 7A(1)(c)(ii)
or 7F(1)(b), as the case requires.
(4) If an applicant withdraws an application made under
the Act section 41 or 61, the Board must refund to the
applicant so much (if any) of the amount paid under
regulation 7 or 12(2), as the case requires, as the Board
determines to be appropriate.
16. Refund or waiver of fee etc. on withdrawal or refusal of replacement applications

(1) If an applicant withdraws a replacement application,
the Board must refund to the applicant so much (if any)
of the amount paid under regulation 7A(1)(b)(i) as the
Board determines to be appropriate.
(2) If a replacement application is taken to have been
withdrawn under regulation 7B(6), the Board must —

(a)

if any amount of required payment was received by the Board — refund the amount to the applicant;

(b)

if the old licence was returned to the Board — return the licence to the applicant.

(3) If the Board proposes to refuse a replacement
application, the Board must waive the amount payable
under regulation 7A(1)(b)(ii) in respect of the
application.
Part 5 — Transitional matters

17. Application of Part

This Part applies to and in relation to transitional
applications and transitional licences.

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18. Duration of transitional licences

(1) In this regulation —
“round of licence notices”, in relation to a month
specified in column 1 of the Table to this
definition, means a round constituted by the
number of licence notices specified, in column 2
of the Table opposite that month, as the number of
licence notices constituting a round.
Table

Month in which licence Number of licence notices

is to be issued constituting a round

August 2008 24

September 2008 23
October 2008 22
November 2008 21
December 2008 20

January 2009 19
February 2009 18
March 2009 17

April 2009 16
May 2009 15
June 2009 14
July 2009 13
August 2009 12

September 2009 11
October 2009 10
November 2009 9
December 2009 8

(2)

For the purposes of regulation 7E(1)(a), the period in respect of a transitional licence is to be determined as follows —

(a)

ascertain, in accordance with the definition of “round of licence notices”, the number of licence notices constituting a round of licence

24 June 2008 GOVERNMENT GAZETTE, WA 2827
Motor Vehicle Repairers Amendment Regulations 2008

r. 11

notices for the month in which the licence is to
be issued;

(b)

ascertain the order in which the licence notice for the licence is to be issued in the current round of licence notices for that month;

(c)

the period in respect of the licence is the period specified, in column 2 of the Table to this subregulation, opposite the order ascertained under paragraph (b).
Table

Note: The notes to this Table are set out in column 3 of the Table.

Order in Period Notes to Table

which (months)
licence
notice is to be issued in the round

1st 24
2nd 25
3rd 26
4th 27
5th 28
6th 29
7th 30
8th 31
9th

32 Item not applicable for
December 2009

10th 33 Item not applicable for
November 2009 and December 2009

11th 34 Item not applicable for
October 2009 to December 2009

12th 35 Item not applicable for
September 2009 to December 2009

2828 GOVERNMENT GAZETTE, WA 24 June 2008
Motor Vehicle Repairers Amendment Regulations 2008
r. 11

Order in Period Notes to Table

which (months)
licence
notice is to be issued in the round

13th 36 Item not applicable for
August 2009 to December 2009

14th 37 Item not applicable for
July 2009 to December 2009

15th 38 Item not applicable for
June 2009 to December 2009

16th 39 Item not applicable for
May 2009 to December 2009

17th 40 Item not applicable for
April 2009 to December 2009

18th 41 Item not applicable for
March 2009 to December 2009

19th 42 Item not applicable for
February 2009 to December 2009

20th 43 Item not applicable for
January 2009 to December 2009

21st 44 Item not applicable for
December 2008 to December 2009

22nd 45 Item not applicable for
November 2008 to December 2009

23rd 46 Item not applicable for
October 2008 to December 2009

24th 47 Item not applicable for
September 2008 to December 2009

19. Notice and waiver of fee relating to transitional applications

(1) In this regulation —
“prescribed fee” means the fee payable under the Act
section 13(3)(a)(ii).

24 June 2008 GOVERNMENT GAZETTE, WA 2829
Motor Vehicle Repairers Amendment Regulations 2008

r. 11

(2) This regulation applies if the Board proposes to issue a
transitional licence.
(3) The Board must waive payment of so much (if any) of
the prescribed fee as is determined under
subregulation (5).
(4) The Board must issue a notice to the existing repair
business stating —

(a)

that the Board proposes to issue a business licence to the existing repair business on the proposed issue day specified in the notice, being the first day of a month and not later than 2 months after the date of the notice; and

(b)

the period for which the proposed licence is to be issued; and

(c)

the amount of payment required, being the amount payable by the existing repair business under regulation 7A(1)(a)(ii) less any waiver determined under subregulation (5); and

(d)

the provisions under subregulations (6) and (7); and

(e)

whether, for the purposes of subregulation (8), the notice is to cease to have effect or the application is to be taken to have been withdrawn if the required payment is not received by the Board before the proposed issue day.

(5) For the purposes of subregulation (4)(c), the amount of
the prescribed fee to be waived is —

(a)

if the proposed issue day is before the expiry of 12 months after the commencement of the Act section 9, the following amount rounded to the nearest dollar —

a × m
36

2830 GOVERNMENT GAZETTE, WA 24 June 2008
Motor Vehicle Repairers Amendment Regulations 2008
r. 11
where —

a has the meaning given in
regulation 7A(2); and
m is the number of months in the period
beginning on the proposed issue day and
ending at the expiry of 12 months after
the commencement of the Act section 9;

(b)

if the proposed issue day is after the expiry of 12 months after the commencement of the Act section 9 — nil.

(6)

The existing repair business must, unless the existing repair business notifies the Board that he, she or it is withdrawing the application, ensure that the required payment is received by the Board before the proposed
issue day.
(7) If the required payment is received by the Board before
the proposed issue day, the licence is to be taken to be
issued on the proposed issue day.
(8) If the required payment is not received by the Board
before the proposed issue day, the notice ceases to have
effect or the application is taken to have been
withdrawn, as is stated in the notice.
(9) If a notice ceases to have effect under
subregulation (8), the Board may issue another notice
under this regulation specifying a new proposed issue
day for the licence.

(10) The issue of a notice by the Board under this regulation
specifying a proposed issue day for a licence that is
after the expiry of 12 months after the commencement
of the Act section 9 is not to be taken as authorising the
existing repair business to carry on the business after
that expiry and before the issue of the licence.

24 June 2008 GOVERNMENT GAZETTE, WA 2831
Motor Vehicle Repairers Amendment Regulations 2008

r. 11

20. Refund or waiver of fee on withdrawal or refusal of transitional applications

(1) If an existing repair business withdraws a transitional
application, the Board must refund to the existing
repair business so much (if any) of the amount paid
under regulation 7A(1)(a)(ii) as the Board determines
to be appropriate.
(2) If the Board proposes to refuse a transitional
application, the Board must waive the amount payable
under regulation 7A(1)(a)(ii) in respect of the
application.
Schedule 1 — Forms
[r. 14]

Form 1

Motor Vehicle Repairers Act 2003, s. 101(1) Infringement
Infringement notice notice no.

Alleged Name: Family name
offender Given names

or Company name
____________________________________
ACN

Address
__________________________________________________
Postcode

Alleged Description of offence
offence ______________________________________
Motor Vehicle Repairers Act 2003 s.
OR
Motor Vehicle Repairers Regulations 2007 r.

Date / /20 Time a.m./p.m.
Modified penalty $
Authorised Name
officer issuing ______________________________________
notice Signature
Date

Date of notice / /20

2832 GOVERNMENT GAZETTE, WA 24 June 2008
Motor Vehicle Repairers Amendment Regulations 2008
r. 11

Notice to It is alleged that you have committed the above offence.
alleged If you do not want to be prosecuted in court for the offence, pay
offender the modified penalty within 28 days after the date of this notice.

How to pay
By post: Send this notice (or a copy) with a cheque or
money order (made payable to the Secretary to the
Motor Vehicle Industry Board) to:

Department of Consumer and Employment
Protection
Locked Bag 14 Cloisters Square
Perth WA 6850
In person: Present this notice and your payment to the
cashier at:
Department of Consumer and Employment
Protection
219 St George’s Terrace, Perth WA

If you do not pay the modified penalty within 28 days, you may be prosecuted.
If you need more time to pay the modified penalty, you can
apply for an extension of time by writing to:
Secretary to the Motor Vehicle Industry Board
Department of Consumer and Employment
Protection
Locked Bag 14 Cloisters Square
Perth WA 6850

If you want this matter to be dealt with by prosecution in
court, sign here
_______________________________________
and, within 28 days after it was given, post this notice to the
above postal address.

Form 2

Motor Vehicle Repairers Act 2003, s. 103(1) Withdrawal no.
Withdrawal of infringement notice

Alleged Name: Family name
offender Given names

or Company name
____________________________________
ACN

Address
_________________________________________________
Postcode

24 June 2008 GOVERNMENT GAZETTE, WA 2833
Motor Vehicle Repairers Amendment Regulations 2008

r. 11

Infringement Infringement notice no.
notice

Date of issue / /20
Alleged Description of offence
offence ______________________________________
Motor Vehicle Repairers Act 2003 s.
OR
Motor Vehicle Repairers Regulations 2007 r.

Date / /20 Time a.m./p.m.
Person giving Name
this notice
______________________________________
Signature
Date

Date of withdrawal / /20
Withdrawal of The above infringement notice issued against you has been
infringement withdrawn.
notice If you have already paid the modified penalty for the alleged
offence you are entitled to a refund.
[*delete

* Your refund is enclosed.
whichever or
is not

* If you have paid the modified penalty but a refund is not

applicable] enclosed, to claim your refund sign this notice and post it to:
Secretary to the Motor Vehicle Industry Board
Department of Consumer and Employment
Protection
Locked Bag 14 Cloisters Square
Perth WA 6850

Signature / /20

”.

By Command of the Lieutenant-Governor and deputy of the Governor,
G. M. PIKE, Clerk of the Executive Council.

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Citations

Motor Vehicle Repairers Amendment Regulations 2008 (WA)

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(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day on which the Motor Vehicle Repairers Act 2003 Part 2 comes into operation.

(a)	to service, repair, overhaul or modify a gas fuel system that is, was, or may be, fitted to a heavy vehicle or light vehicle;
(b)	to convert a fuel system in a heavy vehicle or light vehicle to a gas fuel system or to a system that consists partly of a gas fuel system;
(c)	to convert a fuel system that consists partly of a gas fuel system —

(a)	carrying out minor electrical servicing and minor electrical repair;
(b)	cleaning or lubricating the thing or any of its components;
(c)	replenishing any oil, lubricant, coolant or other liquid that requires replenishment;
(d)	replacing the thing or any of its component;
(e)	tightening or otherwise adjusting the thing or any of its component,

(a)	any individual whom the applicant engages, or proposes to engage, as the case requires, under a contract for services (other than a
contract with a person or firm who holds a business licence); and
(b)	if the applicant is an individual and personally carries out or supervises repair work in connection with the business, or proposes so to do, as the case requires — the applicant; and
(c)	member of the firm personally carries out or supervises repair work in connection with

(a)	an individual engaged by the licensee under a contract for services (other than a contract with a person or firm who holds a business licence); and
(b)	if the licensee is an individual and personally carries out or supervises repair work in connection with the business — the licensee; and
(c)	if the licensee is a firm and any individual member of the firm personally carries out or

(a)	is made by the holder of a business licence (the “old licence”) for any classes of repair work that include one or more classes of
repair work already covered by the old licence; and
(b)	is requested by the applicant to be a replacement application; and
(c)	is made more than 3 months before the day on which the old licence is due to expire as mentioned in the Act section 30(2)(a);

(a)	is the first such application made by an existing repair business; and
(b)	is made before the expiry of 12 months after the commencement of the Act section 9;

(1)	For the purposes of the Act Part 2, each kind of work listed in the Table to this regulation is prescribed to be a class of repair work.
(2)	For the purposes of the Act Part 3, each kind of work listed in the Table to this regulation (other than autogas work) is prescribed to be a class of repair work.

a	is the amount specified in the Table to this regulation in the item that specifies the number of repairers of the applicant at the time the application is made; and
p	is the period (in months) for which the transitional licence is to be issued if the application is granted, as prescribed under
regulation 7E(1)(a).

a	is the amount specified in the Table to this regulation in the item that specifies the number of repairers of the applicant at the time the application is made; and
p	is the period (in days) for which the replacement licence is to be issued if the application is granted, as prescribed under regulation 7E(1)(b).

(a)	the amount mentioned in subregulation (1)(b)(i) is paid at the time the application is made; and
(b)	any of the following applies —

Item	Number of	Amount
repairers
1.	1 to 2	$600
2.	3	$840
3.	4	$1 050
4.	5 to 7	$1 530
5.	8 to 10	$1 950
6.	11 or more	$2 460

(1)	In this regulation —
“outstanding fee”, in relation to a replacement

(2)	This regulation applies if the Board proposes to issue a replacement licence.
(3)	The Board must issue a notice to the applicant stating —

(c)	the provisions under subregulations (4) and (5); and
(d)	whether, for the purpose of subregulation (6), the notice is to cease to have effect or the application is to be taken to have been withdrawn if the required payment is not received, or the old licence is not returned, before the proposed issue day.

(a)	ensure that any required payment is received by the Board before the proposed issue day; and
(b)	return the old licence to the Board before the proposed issue day.

(a)	the applicant is taken to have given notice to the Board under the Act section 53 that the applicant is surrendering the old licence on the proposed issue day;
(b)	the applicant is taken to have made an application for a refund under the Act section 53 in respect of the old licence;

(c)	the amount of refund payable to the applicant under the Act section 53 is the proposed refund;
(d)	the Board must apply as much of the amount of refund as possible towards payment of the outstanding fee;
(e)	any amount of refund applied towards payment of the outstanding fee is taken to have been refunded to the applicant;
(f)	if the amount of refund exceeds the outstanding fee, the Board must refund the balance of the amount to the applicant;
(g)	the replacement licence is taken to be issued to the applicant on the proposed issue day.

(6)	If the required payment is not received, or the old licence is not returned, before the proposed issue day, the notice ceases to have effect or the replacement application is taken to have been withdrawn, as is stated in the notice.
(7)	If a notice ceases to have effect under subregulation (6), the Board may issue another notice under this regulation specifying a new proposed issue day for the licence.

7C.	Fee for duplicate business licence
For the purposes of the Act section 25, the prescribed fee is $35.75.
7D.	Conditions and restrictions attached to business licences for autogas work
For the purposes of the Act section 28, the following conditions and restrictions are prescribed for a business licence for autogas work —

(a)	in the case of a transitional licence — the period determined in accordance with regulation 18 in respect of the licence;
(b)	in the case of a replacement licence — the period that is the same as the remaining period for which the old licence was to continue to be in force if it were not surrendered under the Act section 53 as provided under regulation 7B(5);
(c)	in any other case — 3 years.

(1)	In this regulation —
“qualified repairer” of a licensee means —

(a)	a repairer of the licensee who holds a certificate for the class, or any of the classes, of repair work to which the business licence relates; and
(b)	if the business licence relates to autogas work — a repairer of the licensee who holds a Class E permit or authorisation for the

(a)	a person ceases to be a qualified repairer of the licensee;
(b)	a person becomes a qualified repairer of the licensee.

(a)	the full name of the person concerned; and
(b)	the day on which the person ceases to be, or becomes, a qualified repairer of the licensee.

(1)	Regulation 9 is amended by inserting before “For” the subregulation designation “(2)”.
(2)	At the beginning of regulation 9 the following subregulation is inserted —

(a)	the number of the licence;
(b)	the day on which the licence is issued;
(c)	whether the licence is issued to an individual, a firm or a body corporate;
(d)	the name of the person or firm to whom the licence is issued;
(e)	the business name under which the person or firm carries on the business to which the licence relates;
(f)	if the licence is issued to a body corporate — the address of its registered office;
(g)	the class or classes of repair work to which the licence relates;
(h)	the address of each premises (other than any mobile premises) at which the licensee is authorised under the Act section 59 to carry on business under the authority of the licence;
(i)

(j)	any condition or restriction attached to the licence;
(k)	the day on which the licence expires;
(l)	if the licence ceases to be in force under the Act section 30(2)(b), (c), (d) or (e) — the day on which it ceases to be in force.

(1)	In this regulation —
“fixed premises” means any premises that are not

(b)	if the application involves adding particulars of any fixed premises or substituting particulars of any premises with particulars of any fixed
premises — $112 for each of the fixed premises the particulars of which are to be added.