Untitled document

Motor Car Traders (Forms) Regulations 2004

S.R. No. 169/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objectives

2.     Authorising provision

3.Commencement

4.Revocation of regulation 33(1)

5.Revocation of form of consent to entry, search and seizure

6.Embargo Notice

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 169/2004

Motor Car Traders Act 1986

Motor Car Traders (Forms) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

JOHN LENDERS
Minister for Consumer Affairs

DIANE CASEY

Clerk of the Executive Council

1.  Objectives

The objectives of these Regulations are to prescribe a form of embargo notice, to revoke a form and to make consequential amendments to the Motor Car Traders Regulations 1998.

2.  Authorising provision

These Regulations are made under section 90 of the Motor Car Traders Act 1986.

3.Commencement

These Regulations come into operation on 1 February 2005.

4.Revocation of regulation 33(1)

Regulation 33(1) of the Motor Car Traders Regulations 1998[1] is revoked.

5.Revocation of form of consent to entry, search and seizure

Form 13 in Schedule 1 to the Motor Car Traders Regulations 1998 is revoked.

6.Embargo Notice

For Form 14 in Schedule 1 to the Motor Car Traders Regulations 1998 substitute—

"FORM 14

Regulation 33(2)

EMBARGO NOTICE

Motor Car Traders Act 1986

Section 82AM

1. The item described below has been embargoed under section 82AM of the Motor Car Traders Act 1986.

2.   Section 82AM(2) provides that a person who knows that an embargo notice relates to a thing and who—

(a)     sells; or

(b)    leases; or

(c)     without the written consent of the inspector who issued the embargo notice, moves; or

(d)    transfers; or

(e)     otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.

3.   Section 82AM(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

4.   Section 82AM(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.

Description of embargoed item—

This notice has been—

  served on (name)

  affixed to the item described above

Signature of inspector

Name of inspector

Telephone number     Date    Time    ".

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ENDNOTES

[1] Reg. 4: S.R. No. 56/1998.  Reprint No. 2 as at 18 March 2004.  Reprinted to S.R. No. 125/2003.  Subsequently amended by S.R. No. 88/2004.