S. 8(1) amended by No. 52/1998 s. 141(1). (1) An application for a licence may be made to the Authority by— (a) a person of or over the age of 18 years; (b) a partnership; or (c) a body corporate. S. 8(2) amended by No. 52/1998 s. 141(2). (2) The application must be in the form approved by the Authority and must be signed— (a) if the application is made by a natural person—by that person; or S. 8(2)(b) amended by No. 8/2003 s. 60(a). (b) if the application is made by a one of the partners who has the authority of the other partners to sign on behalf of those partners; or S. 8(2)(c) amended by No. 8/2003 s. 60(b). (c) if the application is made by a body corporate—by a director of the body corporate who has the authority of the other directors to sign on behalf of the body corporate. S. 8(3) amended by No. 74/1996 s. 51(b). (3) An application must be accompanied by the prescribed fee for the application and may be accompanied by the first annual fee for the licence. S. 8(4) repealed by No. 74/1996 s. 51(a). * * * * * s. 8 (5) An application must specify— (a) the name and address— (i) if the application is made by a natural person—of that person; or (ii) if the application is made by a partnership—of each partner; or partnership—
person concerned in the management of, the partnership or body corporate (unless the person has obtained permission under section 29A); or s. 13 (iv) is disqualified from holding a licence; or S. 13(6)(m) inserted by No. 74/1996 s. 7(3), amended by No. 8/2003 s. 63. (m) the body corporate has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless it has obtained permission under section 29B); S. 13(6)(n) inserted by No. 74/1996 s. 7(3). (n) the partnership or body corporate has had a claim admitted against the Fund (unless it has obtained permission under section 29A). S. 13(7) amended by No. 74/1996 s. 7(4)(a)(b), repealed by No. 52/1998 s. 146(8). * * * * * S. 13(8) repealed by No. 52/1998 s. 146(8). * * * * * S. 13(9) substituted by No. 52/1998 s. 146(9). (9) If the Authority refuses an application for a licence, the Authority must— (a) notify the applicant in writing of the refusal within 14 days after the refusal; and s. 13 (b) if the application was accompanied by the first annual fee for the licence, refund the fee to the applicant, as soon as practicable. S. 13(9A) inserted by No. 52/1998 s. 146(10). (9A) The notice of refusal must specify the ground under this section for refusal of the application.
S. 31(1) substituted by No. 74/1996 s. 17(1), amended by No. 52/1998 s. 160(1)(5). (1) After conducting an inquiry, if the Tribunal is satisfied that there are grounds for taking action under this section against a licensee, the Tribunal may do one or more of the following— (a) reprimand the licensee; S. 31(1)(b) amended by No. 52/1998 s. 160(2). (b) order the licensee to pay into the Fund a penalty of up to $5000; S. 31(1)(c) amended by No. 52/1998 s. 160(5). (c) require the licensee to comply within, or for, a specified time with a requirement specified by the Tribunal; (d) suspend the licensee's licence for a specified period not exceeding 1 year; S. 31(1)(e) substituted by No. 52/1998 s. 160(3). (e) require the licensee to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking; (f) impose a condition or restriction on the licensee's licence; S. 31(1)(g) amended by No. 52/1998 s. 160(4). (g) if the ground for taking action under this section involved one or more people losing money, order the licensee to pay compensation to one or more of those people, but not so that the total amount the licensee must pay under this paragraph is more than $5000. S. 31(2) substituted by No. 74/1996 s. 17(1), amended by No. 52/1998 s. 160(5). (2) As an alternative to taking action under one or more of subsections (1)(a), (b), (c), (d) and (f), the Tribunal may cancel the licensee's licence and disqualify the licensee (and any partner or director of the licensee) from holding a licence either permanently or for a specified period.
(1) The auctioneer of a motor car at an auction must not accept a bid at the auction if he or she knows that the bid was made by, or on behalf of, an owner of the motor car. 60 penalty units. (2) The auctioneer of a motor car at an auction must not acknowledge the making of a bid at the auction if no bid was made. 60 penalty units. S. 50F inserted by No. 4/2008 s. 16. 50F Offence to procure dummy bid A person must not procure another person to make a bid at an auction of a motor car that is contrary to section 50D. In the case of a natural person: 60 penalty units; In the case of a body corporate: 240 penalty units. S. 50G inserted by No. 4/2008 s. 16. 50G Permissible vendor bids (1) Despite section 50D(2), the auctioneer of a motor car at an auction may make a bid on behalf of an owner of the motor car if— (a) before any bidding starts, the auctioneer orally declares at the auction that the auctioneer may make a bid on behalf of the owner; and (b) in the case of a public auction, immediately before, or in the process of, making the bid, the auctioneer audibly states that the bid is being made on behalf of the owner. (2) It is sufficient compliance with the requirement under subsection (1)(b) to identify a bid as a bid
S. 54(7) substituted by Nos 74/1996 s. 31(3), 84/2001 s. 9(3). (7) This section does not apply to a motor car that is sold by auction at a public auction by a person acting on behalf of the owner of the car. S. 54(8) inserted by No. 74/1996 s. 31(3). (8) For the purposes of this section, the date of manufacture of a motor car is— (a) if the car has affixed to it a metal plate, or has stamped on one of its metal components, "Built" or "Built Date" together with a date, that date; or (b) in any other case, the date stamped on the car's compliance plate. S. 54(9) inserted by No. 74/1996 s. 31(3). (9) If a date referred to in subsection (8) only refers to a month in a particular year, the date of manufacture is to be taken to be the first day of the next month. S. 54(10) inserted by No. 74/1996 s. 31(3). (10) For the purposes of this section and section 55, a motor car has a defect if one or more of its components— (a) is no longer in proper working condition having regard to its likely age or the number of kilometres it has travelled; or (b) is defective to the extent that the car is unroadworthy or is not able to be driven. S. 54(11) inserted by No. 74/1996 s. 31(3). (11) This section as amended by section 31 of the Motor Car Traders (Amendment) Act 1996 does not apply to any motor car sold before the day that section came into operation. 55 Excluded defects s. 55 (1) A motor car trader may affix or attach to any used motor car offered or displayed for sale a notice in
S. 76(1)(f)(iii) amended by No. 52/1998 s. 170(2)(b). (iii) an order made by the Tribunal under section 31(1)(g)— arising from the motor car trader's trading in motor cars; or S. 76(1)(g) inserted by No. 4/2008 s. 24(7). (g) loss has been incurred from a failure of a motor car trader to comply with an agreement to refund the whole or part of a deposit or any other amount following termination of a contract for sale of a motor car; or S. 76(1)(h) inserted by No. 4/2008 s. 24(7). (h) loss has been incurred from a failure of a motor car trader to deliver a motor car after payment of the purchase price for the motor car. S. 76(1A) inserted by No. 8/2003 s. 70(2). s. 76 (1A) The person making the claim must certify in the claim that the particulars contained in the claim are true and correct and that the person is aware that making a false or misleading statement is an offence under section 84A with a maximum penalty of 50 penalty units in the case of a natural person or, in the case of a body corporate, 100 penalty units. S. 76(1B) inserted by No. 8/2003 s. 70(2). (1B) The Committee may specify how any information supplied to it under this Part is to be verified and, without limiting the scope of this power, may require that the information be supplied in the form of, or be verified by, a statutory declaration. S. 76(2) substituted by No. 15/1987 s. 31(4)(b), amended by Nos 4/2008 s. 24(8), 74/2010 s. 37(Sch. item 3.3). (2) The Committee may allow a claim made by a special trader who is a financier for loss incurred from the failure of a licensed motor car trader to procure the cancellation of a security interest in a motor car that is registered on the Personal Property Securities Register established under Chapter 5 of the Personal Property Securities Act 2009 of the Commonwealth before the motor car
S. 84B inserted by No. 6/1989 s. 20. 84B Production of records s. 84B S. 84B(1) amended by No. 52/1998 s. 175(1)(a). (1) If a record is produced to the Committee or the Authority in respect of any application or claim under this Act, the Committee or the Authority (as the case may be)— S. 84B(1)(a) amended by No. 52/1998 s. 175(1)(b). (a) if it considers it necessary for the purpose of the application or claim, may keep the record for any period it considers necessary; and (b) may make copies of the record or any part of the record; and S. 84B(1)(c) amended by No. 52/1998 s. 175(1)(c). (c) may give to the person who produced the record a copy of the record which has been certified by a member of the Committee or the Registrar (as the case may be) to be a true copy of the record. (2) If— S. 84B(2)(a) amended by No. 52/1998 s. 175(2). (a) the Committee or the Authority makes a copy of a record produced in respect of the application or claim; and (b) a member of the Committee or the Authority (as the case may be) certifies the copy to be a true copy of the record— the certified copy is admissible in evidence in any proceedings as if it were the record of which it is certified to be a copy. 85 Corporations s. 85
Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 31) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Motor Car Traders Act 1986 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.