Motor Car Traders (Amendment) Regulations 2006

Motor Car Traders (Amendment) Regulations 2006

S.R. No. 148/2006

table of provisions

RegulationPage

1.Objective

2.Authorising provision

3.Commencement

4.Dealings book

5.New regulation 28A inserted

28A.Statement verifying document to inspector

6.Amendment to Form 5 of Schedule 1

7.New Form 5A inserted in Schedule 1

Form 5A—Verified Statement

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ENDNOTES

statutory rules 2006

S.R. No. 148/2006

Motor Car Traders Act 1986

Motor Car Traders (Amendment) Regulations 2006

S.R. No. 148/2006

Motor Car Traders (Amendment) Regulations 2006

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 24 October 2006

Responsible Minister:

MARSHA THOMSON

Minister for Consumer Affairs

ruth leach

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Motor Car Traders Regulations 1998 to facilitate the use of an electronic dealings book and to simplify record keeping requirements and evidentiary procedures.

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 1December 2006.

4.Dealings book

(1)For regulation 9(3) of the Motor Car Traders Regulations 1998[1]substitute—

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"(3)For the purposes of section 35(8)(a)—

(a)a paper document identifies, in relation to the motor car specified in that document, the name and address of the person from whom the motor car is acquired—

(i)if the motor car is acquired from a natural person, if it contains the full name and residential address of that person;

(ii)if the motor car is acquired from a business, if it contains the name, address of the principal place of business and the Australian Business Number of that business;or

(b)if a used motor car is acquired at auction, a paper document identifies,in relation to the motor car specified in that document, the name and address of the auctioneer if it contains the name, address of the principal place of business and the Australian Business Number of the auction business.".

(2) For regulation 9(4) of the Motor Car Traders Regulations 1998 substitute—

'(4) For the purposes of sub-regulation (3), a motor car is specified in a paper document if it records—

(a)the registration number of the motor car; or

(b)the trader's stock number; or

(c)the vehicle identification number or engine number of the motor car.

(5) For the purposes of section 35(8)(b), the dealings book identifies a paper document in relation to a transaction in the prescribed manner if—

(a) the paper document records—

(i) the registration number of the motor car; or

(ii) the trader's stock number; or

(iii) the vehicle identification number or engine number of the motor car; and

(b) that number is recorded in the dealings book.

(6) For the purposes of sections 35(8)(a) and 35(9)(b), a paper document is signed as prescribed—

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(a)if the motor car is acquired from a natural person, if it is signed by that person;

(b)if the motor car is acquired from a business, if it is signed by a person authorised to sign on behalf of that business;

(c)if the motor car is acquired at auction, if it is signed by a person authorised to sign on behalf of the auction business.

(7)In this regulation "auction business", in relation to a used motor car, means the business selling, or offering to sell, the motor car by auction in the course of its business.'.

5.New regulation 28A inserted

After regulation 28 of the Motor Car Traders Regulations 1998 insert—

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"28A.Statement verifying document to inspector

For the purposes of section 82AA(1B), a prescribed statement verifying that a document provided to an inspector is a true record of the dealings book is to be in the form set out in Form 5A.".

6.Amendment to Form 5 of Schedule 1

(1)In Form 5 of Schedule 1 to the Motor Car Traders Regulations 1998, for—

"Name and address of person from whom vehicle acquired"

substitute—

"*Name and address of person from whom vehicle acquired

*Name and address of auction business from which vehicle acquired or received".

(2)In Form 5 of Schedule 1 to the Motor Car Traders Regulations 1998 for—

"Signature of person from whom vehicle was received"

substitute—

"*Signature of person from whom vehicle acquired

*Signature of person authorised to sign on behalf of the auction business from which vehicle acquired or received

* (delete whichever is inapplicable)".

7.New Form 5A inserted in Schedule 1

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After Form 5 of Schedule 1 to the Motor Car Traders Regulations 1998 insert—

"Form 5A

Reg. 28A

Motor Car Traders Act 1986

Verified Statement

To:Inspector (specify Inspector's name):

I, (insert name) in relation to (insert name and address of principal place of business/former business), (insert licence number/former licence number)verify that the document produced to you on (insert date) in accordance with section82AA of the Motor Car Traders Act 1986 is a true record of the dealings book as at the date of this statement.

Note:Section 82AA of the Act provides that an inspector may require a licensed motor car trader or a specified person to produce certain documents and it is the person required to produce those documents that must make the verified statement. Section 82AA(2) defines a "specified person" to mean, in relation to the business of a licensed motor car trader—

(a)a person whose licence has been surrendered or cancelled within the last 3 years; or

(b)a person who is a director or officer of a corporation which is a licensed motor car trader; or

(c)if the licence of a corporation has been surrendered or cancelled within the last 3 years, a person who was a director or officer of the corporation at the time the licence was surrendered or cancelled; or

(d)a person who under section 33 of the Act is carrying on the business of a licensed motor car trader.

______".

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S.R. No. 148/2006

Motor Car Traders (Amendment) Regulations 2006

ENDNOTES

Endnotes

[1] Reg. 4(1): S.R. No. 56/1998. Reprint No. 2 as at 18 March 2004. Reprintedto S.R. No. 125/2003. Further amended by S.R. Nos 88/2004 and 169/2004.