Sale of Motor Vehicles Regulation 1977 (ACT)

Case

Sale of Motor Vehicles Regulation 1977 (repealed)   

SL1997-21

made under the

Sale of Motor Vehicles Act 1977

Republication No 5

Effective:  22 August 2017

Republication date: 22 August 2017

As repealed by A2016‑46 s 56

About this republication

The republished law

This is a republication of the Sale of Motor Vehicles Regulation 1977 (repealed), made under the Sale of Motor Vehicles Act 1977, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 August 2017. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

    Sale of Motor Vehicles Regulation 1977 (repealed)

    made under the

    Sale of Motor Vehicles Act 1977

    Contents

    Page

    1            Name of regulation  2

    3            Additional information to be contained in applications for licences           2

    Endnotes

    1            About the endnotes  4

    2            Abbreviation key  4

    3            Legislation history  5

    4            Amendment history  7

    5            Earlier republications  8

    Sale of Motor Vehicles Regulation 1977 (repealed)

    made under the

    Sale of Motor Vehicles Act 1977

    1. Name of regulation

      This regulation is the Sale of Motor Vehicles Regulation 1977.

    2. Additional information to be contained in applications for licences

      An application for the grant of a licence must, in addition to containing the information required under the Act, section 10 or section 11, state—

      (a)if the applicant has at any time applied for a licence under the Act or under a law of a State relating to the licensing of motor vehicle dealers—

      (i)when and to whom the application was made; and

      (ii)whether the application was successful; and

      (b)if the applicant has previously been granted a licence under the Act or under a law of a State or other Territory relating to the licensing of motor vehicle dealers—

      (i)whether the licence is still in force;

      (ii)whether the licence has at any time been suspended; and

      (iii)if the licence is not still in force—whether it was revoked or cancelled by the issuing authority; and

      (c)the name or names under which the applicant proposes to carry on business as a licensed dealer; and

      (d)in relation to each place where the applicant proposes to carry on business as a dealer in the ACT—the area of that part of the place where it is proposed to display motor vehicles for sale; and

      (e)for an application by a corporation—whether a director of the corporation is a bankrupt or a debtor under a personal insolvency agreement.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      This regulation was originally called the Sale of Motor Vehicles Regulations and was originally made under a Commonwealth ordinance—the Sale of Motor Vehicles Ordinance 1977 No  29 (Cwlth).

      The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Sale of Motor Vehicles Ordinance 1977 and the Sale of Motor Vehicles Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

      As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

      This regulation was renamed by the Justice and Community Safety Legislation Amendment Act 2001, amdt 2.1 and under the Legislation Act 2001.

      Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1914 s 5, Interpretation Ordinance 1937 s 16, Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).

      Legislation before becoming Territory enactment

      Sale of Motor Vehicles Regulation 1977 SL1977‑21

      notified 2 September 1977

      commenced 2 September 1977

      as amended by

      Sale of Motor Vehicles Regulations (Amendment) SL1982-39

      notified 18 August 1982

      commenced 18 August 1982

      Sale of Motor Vehicles Regulations (Amendment) SL1983-18

      notified 30 September 1983

      commenced 1 October 1983 (s 2)

      Legislation after becoming Territory enactment

      Legislation (Consequential Amendments) Act 2001 A2001-44 pt 356

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      pt 356 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Justice and Community Safety Legislation Amendment Act 2001 A2001‑70 sch 2

      notified LR 14 September 2001

      commenced 14 September 2001 (s 2 (5))

      Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.62

      notified LR 12 May 2005
      s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))

      sch 3 pt 3.62 commenced 2 June 2005 (s 2 (1))

      as repealed by

      Traders (Licensing) Act 2016 A2016-46 s 56

      notified LR 22 August 2016
      s 1, s 2 commenced 22 August 2016 (LA s 75 (1))
      s 56 commenced 22 August 2017 (s 2)

    1. Amendment history

      Name of regulation

      s 1sub A2001‑70 amdt 2.1

      am R3 LA

      Interpretation

      s 2om A2001‑44 amdt 1.3867

      Additional information to be contained in applications for licences

      s 3am A2001‑70 amdt 2.2, amdt 2.3; A2005‑20 amdt 3.402

      Licence fee

      s 4om SL1983‑18 s 2

      Contribution payable to compensation fund

      s 5om SL1983‑18 s 2

      Fee for copy of licence

      s 6am SL1982‑39

      om SL1983‑18 s 2

      Fee for inspection of the register

      s 7om SL1983‑18 s 2

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 SL1983‑18 30 June 1991
    2 A2001‑70 17 July 2002
    3 A2001‑70 2 November 2004
    4 A2005-20 2 June 2005
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