Motor Vehicle Repairs Act 1980 Motor Vehicle Repairs Amendment Regulation 2002 (2002-429) [GG No 106 of 28.6.2002, p 4774] (NSW)

2002 No 429

New South Wales

Motor Vehicle Repairs Amendment

Regulation 2002

under the

Motor Vehicle Repairs Act 1980

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Motor Vehicle Repairs Act 1980.

JOHN AQUILINA, M.P., Minister for Fair Trading

Explanatory note

The objects of this Regulation are as follows:

(a)	to raise the level of the maximum penalties for offences under the Motor Vehicle Repairs Regulation 1999 from 5 penalty units to 20 penalty units,
(b)	to increase fees relating to certain licences under the Motor Vehicle Repairs Act 1980,
(c)	to prescribe matters to be included in a deed containing undertakings by a repairer who has repeatedly engaged in unjust conduct,
(d)	to omit unnecessary provisions and update references.

This Regulation is made under the Motor Vehicle Repairs Act 1980, including sections 16, 20, 21, 24, 48, 78 and 89 (the general regulation-making power).

Published in Gazette No 106 of 28 June 2002, page 4774	Page 1
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2002 No 429

Clause 1 Motor Vehicle Repairs Amendment Regulation 2002

Motor Vehicle Repairs Amendment Regulation 2002

1     Name of Regulation

This Regulation is the Motor Vehicle Repairs Amendment

Regulation 2002.

2 Commencement

This Regulation commences on 1 July 2002.

3 Amendment of Motor Vehicle Repairs Regulation 1999

The Motor Vehicle Repairs Regulation 1999 is amended as set out in

Schedule 1.

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2002 No 429

Motor Vehicle Repairs Amendment Regulation 2002

Amendments Schedule 1

Schedule 1 Amendments

(Clause 3)

[1]     Clause 5 Licensee to keep records

Omit “5 penalty units”. Insert instead “20 penalty units”.

[2]     Clause 10 Completion of records

Omit “5 penaltyunits” wherever occurring. Insert instead “20 penaltyunits”.

[3]     Clause 11 Retention of records

Omit “5 penalty units” from clause 11 (1). Insert instead “20 penalty units”.

[4]     Clause 12 False or misleading entries

Omit “5 penalty units”. Insert instead “20 penalty units”.

[5]     Clause 13 Fees

Omit “$496” from clause 13 (2) (a). mobile workshop in or with respect to which the applicant proposes to carry on business”.

[6]     Clause 13 (2) (b)

Omit “$238”. with respect to which the applicant proposes to carry on business”.

[7]     Clause 13 (2) (c)

Omit the paragraph. Insert instead:

(c) $55 for each inspection made by the Authority, as referred to in section 89 (1) (g) of the Act,

[8]     Clause 15 Display of signs

Omit “5 penalty units”. Insert instead “20 penalty units”.

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2002 No 429

Motor Vehicle Repairs Amendment Regulation 2002

Schedule 1 Amendments

[9]     Clause 16 Display of licence

Omit “5 penalty units”. Insert instead “20 penalty units”.

[10]     Clause 17

Omit the clause. Insert instead:

17     Register of Undertakings

For the purposes of section 48 (3) of the Act, the following particulars are prescribed in relation to a deed executed by a repairer in accordance with Part 5 of the Act:

(a)	the repairer’s name and licence number,
(b)	the address of the repairer’s premises (if any),
(c)	the date on which the deed was executed by the dealer,
(d)	brief particulars of the circumstances and unjust conduct that led to the execution of the deed,
(e)	a summary of the undertakings given by the repairer in the deed.

[11]     Clause 18

Omit the clause. Insert instead:

18     Evidentiary certificates: section 78

For the purposes of section 78 (2) of the Act, the General Manager is a prescribed officer by whom a certificate referred to in that subsection may be certified.

[12]     Clause 19

Omit the clause.

[13]     Schedule 1

Omit the Schedule.

BY AUTHORITY

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