S. 3(1) def. of inspector inserted by No. 17/1999 s. 10(b), amended by No. 21/2012 s. 239(Sch. 6 item 28.3). inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012; S. 3(1) def. of licence inserted by No. 74/1996 s. 3(1)(c). licence means a motor car trader's licence; s. 3 S. 3(1) def. of licensed auctioneer inserted by No. 74/1996 s. 3(1)(c), repealed by No. 84/2001 s. 9(1). * * * * * licensed motor car trader or licensee means a person holding a licence under this Act; manufacturer means a person who carries on the business of manufacturing or assembling motor cars; motor car means a motor vehicle within the meaning of the Road Safety Act 1986 (whether or not in working condition or complete) but does not include— (a) an engine constructed for use as a motor tractor; or (b) a motor vehicle so constructed that its engine is used to drive or operate an agricultural implement forming an integral part of the motor vehicle; or (c) an exempt vehicle; or (d) a vehicle that is not, and is not intended to be, used on a highway;
(4) An application for a licence made by a natural person must be refused if it appears to the Authority— (a) the applicant has not attained the age of 18 years; or S. 13(4)(b) substituted by Nos 74/1996 s. 7(1)(a), 52/1998 s. 146(2). (b) the applicant is disqualified from holding a licence under this Act or an Act providing for the licensing of motor car traders in any other State or in a Territory; or s. 13 S. 13(4)(c) substituted by No. 74/1996 s. 7(1)(a). (c) the applicant is an insolvent under administration; or (d) the applicant does not have, or is not likely to continue to have, sufficient financial resources to carry on the business of trading in motor cars proposed by the applicant; or S. 13(4)(e) amended by No. 52/1998 s. 146(3). (e) the applicant is not a person likely to carry on such a business honestly and fairly; or (f) the applicant does not have sufficient expertise or knowledge of this Act and regulations to enable the applicant to carry on such a business; or (g) the applicant is in any other way not a fit and proper person to be a licensee; or S. 13(4)(h) amended by No. 74/1996 s. 7(1)(b), substituted by No. 52/1998 s. 146(4). (h) the applicant does not have, or is not likely to have, premises in which the applicant can lawfully carry on such a business;
(i) is a represented person within the meaning of the Guardianship and Administration Board Act 1986; or S. 13(6)(l)(ii) amended by No. 8/2003 s. 63. (ii) has been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless she, he or it has obtained permission under section 29B); or (iii) has had a claim admitted against the Fund (unless she, he or it has obtained permission under section 29A); or S. 13(6)(l)(iiia) inserted by No. 4/2008 s. 7(5). (iiia) is or was a partner or director of, or a person concerned in the management of, another partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a 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. 13A inserted by No. 74/1996 s. 8. 13A Meaning of associate in section 13 s. 13A (1) For the purposes of section 13(5), a natural person is an associate of another person if she or he— S. 13A(1)(a) amended by No. 27/2001 s. 8(Sch. 6 item 3.3). (a) is the spouse or domestic partner of that other person; or (b) is a business partner of that other person or has entered into a business arrangement or relationship with that other person. (2) For the purposes of section 13(5), a natural person is an associate of a body corporate if she or he— S. 13A(2)(a) amended by No. 27/2001 s. 8(Sch. 6 item 3.3). (a) is a director or secretary of the body corporate or a spouse or domestic partner of such a director or secretary; or (b) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in her or his own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over, or with respect to, the management or operation of that business; or (c) holds or will hold any relevant position (whether in her or his own right or on behalf of any other person) in the business of the body corporate.
(3) For the purposes of section 13(5), a body corporate is an associate of a person if it— (a) is a business partner of that other person; or (b) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in its own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over, or with respect to, the management or operation of that business. (4) In this section— relevant financial interest, in relation to a business, means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; or (c) any entitlement to receive any payment as a result of money advanced to the business; s. 13A relevant position, in relation to a business, means the position of director, manager, secretary or other executive position, however that position is designated; relevant power, in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision in the business; or (b) to elect or appoint any person to any relevant position in the business.
(m) Internet site address maintained by the licensee for the purposes of a motor car trader's business (if any). S. 22(6) inserted by No. 8/2003 s. 64(2). (6) The register must also contain details of— (a) all permission determinations made under sections 29A, 29B and 29C; (b) all applications for a licence refused by the Authority during the last two years; (c) any other information prescribed by the regulations as forming part of the register. S. 22(7) inserted by No. 8/2003 s. 64(2). (7) Subject to the Public Records Act 1973, the Registrar may, if in his or her opinion it is no longer necessary or desirable to retain it, remove any information from the register 12 years after the information was added to the register. S. 22(8) inserted by No. 8/2003 s. 64(2). (8) In the exercise and performance of his or her duties under this section, the Registrar must act on any information which appears to the Registrar sufficient in each case. S. 23 repealed by No. 74/1996 s. 13(1), new s. 23 inserted by No. 74/1996 s. 13(2). 23 Annual licence fee and statement s. 23 S. 23(1) amended by No. 52/1998 s. 155. (1) A licensee must pay to the Authority the annual licence fee required by the regulations on each anniversary of the date the licensee was granted a licence under section 13 (or under section 15 of the Motor Car Traders Act 1973). (2) An annual licence fee may be paid at any time in the 6 weeks before it falls due.
S. 27(3) inserted by No. 74/1996 s. 14. (3) The person who held a licence that has been surrendered must return the licence to the Authority within 14 days of surrendering it. 10 penalty units. S. 28 substituted by No. 74/1996 s. 15. 28 Automatic cancellation of licence on bankruptcy etc. s. 28 (1) A licence is automatically cancelled if the licensee— (a) becomes an insolvent under administration; or S. 28(1)(b) amended by No. 101/1998 s. 8(2)(b). (b) becomes an externally-administered body corporate; or (c) becomes a represented person within the meaning of the Guardianship and Administration Board Act 1986. (2) A licence is automatically cancelled 30 days after the licensee— S. 28(2)(a) amended by No. 8/2003 s. 65. (a) is convicted or found guilty of a serious offence (whether or not a conviction was recorded); or (b) is disqualified from holding a licence. (3) A licence is automatically cancelled if a partner of a licensee that is a partnership, or a director of a licensee that is a body corporate— S. 28(3)(a) amended by Nos 8/2003 s. 65, 63/2010 s. 76(2)(a). (a) is or has been convicted or found guilty of a serious offence (whether or not a conviction was recorded) or is or has been disqualified from holding a licence; and S. 28(3)(b) amended by No. 63/2010 s. 76(2)(b). (b) is a partner or director of the licensee 30 days or more after the conviction or disqualification.
Division 4—Miscellaneous S. 32 amended by No. 74/1996 s. 19, substituted by No. 52/1998 s. 162. 32 Application for review (1) A person whose interests are affected by a decision of the Authority under section 13, 14, 17, 29A, 29B, 29C, 29D or 33 may apply to the Tribunal for review of the decision. (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 33 amended by Nos 55/1987 s. 57(3)(Sch. 5 item 36), 6/1989 s. 14, substituted by No. 74/1996 s. 20. 33 Disability etc. of licensee s. 32 (1) The following people may carry on the motor car trading business of a person who was a licensed motor car trader for 30 days after the person ceases to be licensed— (a) if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate; (b) if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person; (c) if the person becomes a represented person within the meaning of the Guardianship and Administration Board Act 1986, the guardian or administrator of the person or any person nominated by the guardian or administrator;
S. 43(1B)(1C) inserted by No. 4/2008 s. 14(2), repealed by No. 50/2014 s. 39. * * * * * S. 43(2) amended by No. 4/2008 s. 14(3), substituted by No. 50/2014 s. 39. (2) Subsection (1) ceases to apply on acceptance by a purchaser of delivery of the motor car within the period during which the purchaser may terminate the agreement. S. 43(2A) inserted by No. 4/2008 s. 14(4), repealed by No. 50/2014 s. 39. * * * * * S. 43(3) amended by Nos 74/1996 s. 50(e), 17/1999 s. 12(1)(b). (3) A motor car trader must not sell, give in exchange or otherwise dispose of a motor car given or agreed to be given by a purchaser under an agreement for the sale of another motor car in satisfaction of part of the purchase price during the period during which the purchaser may terminate the agreement under this section. 50 penalty units. S. 43(4) amended by No. 17/1999 s. 12(1)(b). (4) If an agreement for the sale of a motor car has been terminated in accordance with this section— s. 43 S. 43(4)(a) substituted by No. 4/2008 s. 14(5). (a) the vendor under the agreement must pay to the purchaser all money received by the vendor less— (i) in the case of an agreement for the sale of a used motor car or an sales agreement of any motor car, the sum of $100 or 1 per cent of the
S. 77(2) repealed by No. 74/1996 s. 33(1), new s. 77(2) inserted by No. 4/2008 s. 25(1). (2) The Committee may refuse a claim if it considers that there has been an unreasonable delay in making the claim. S. 77(3) repealed by No. 74/1996 s. 33(1), new s. 77(3) inserted by No. 4/2008 s. 25(1). (3) The Committee may refuse a claim by a financier under section 76 in relation to a motor car trader if the financier has not given the required notice to the Director under section 49 in respect of that motor car trader. S. 77(3A) inserted by No. 4/2008 s. 25(1). s. 77 (3A) When determining a claim or the amount of a claim, the Committee may take into account any matters that it considers relevant, including— (a) the conduct of the claimant and any other parties to the claim; (b) any delay by the claimant in making the claim and whether the delay was reasonable; (c) whether and to what extent the claimant contributed to the loss that is the subject of the claim; (d) any other matter the Committee considers relevant. (4) If the Committee admits a claim in whole or in part— (a) the Committee must issue a certificate authorising payment of the claim or the prescribed amount, whichever is the lesser; and S. 77(4)(b) amended by No. 4/2008 s. 25(2). (b) must pay the claimant the amount specified in the certificate, subject to subsection (4B).
Pt 5A Div. 1 (Heading) inserted by No. 74/1996 s. 35(1). Division 1—General S. 82 amended by No. 74/1996 ss 36(1)(a)(b) (2), 50(g), substituted by No. 17/1999 s. 13. 82 Production of identity card s. 82 An inspector must produce his or her identity card for inspection— (a) before exercising a power under this Division other than a requirement made by post; and (b) at any time during the exercise of a power under this Division, if asked to do so. 10 penalty units. S. 82A inserted by No. 74/1996 s. 37, substituted by No. 17/1999 s. 13. 82A Documents available for inspection S. 82A(1) amended by No. 4/2008 s. 28. (1) A licensed motor car trader must at all reasonable times at each office at which that trader carries on business as a motor car trader keep all documents relating to the business carried on at that office for the previous 3 years available for inspection by an inspector in a form in which they can be readily and expeditiously inspected by an inspector. 50 penalty units. (2) If the licence of a licensed motor car trader has been surrendered or cancelled in the last 3 years, the former licensee must make all documents relating to the former business available for
S. 82AE inserted by No. 17/1999 s. 13. 82AE Powers on production of documents s. 82AE (1) If any documents are produced to an inspector under section 82AA or 82AB, the inspector may— (a) inspect the documents or authorise a person to inspect the documents; (b) make copies of or take extracts from the documents; (c) seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under this Act or the regulations; (d) seize the documents if the inspector— S. 82AE(1) (d)(i) amended by No. 35/2000 s. 47(c). (i) considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under any Consumer Act; and S. 82AE(1) (d)(ii) amended by No. 35/2000 s. 47(c). (ii) believes on reasonable grounds, that it is necessary to seize the documents in order to prevent their concealment, loss or destruction or their use in the contravention of any Consumer Act; (e) secure any seized documents against interference; (f) retain possession of the documents in accordance with this Division. S. 82AE(2) amended by No. 35/2000 s. 47(d). (2) An inspector must not require a person to produce a document at a place other than the person's place of business or an office of the Director without the consent of the person. S. 82AF inserted by No. 17/1999 s. 13. 82AF Order requiring supply of information and answers to questions s. 82AF
of the occupier may be used in evidence in proceedings; and S. 82AG(3)(b) amended by No. 106/2003 s. 27(2). (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything or to the taking of any sample, copy or extract; and s. 82AG (c) that the occupier has consented to such an entry and search; and (d) the date and time that the occupier consented. (4) If an occupier consents to the seizure or taking of any thing during a search under this section, the inspector must before seizing or taking the thing ask the occupier to sign an acknowledgment stating— (a) that the occupier has consented to the seizure or taking of the thing; and (b) the date and time that the occupier consented. (5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the premises. (6) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or taking of the thing. S. 82AH inserted by No. 17/1999 s. 13, substituted by No. 79/2006 s. 81. 82AH Entry without consent or warrant s. 82AH (1) For the purpose of monitoring compliance with this Act or the regulations or an order made by a court or tribunal under this Act or the regulations, an inspector may, subject to subsection (2)—
and the person notified the Authority of the false or misleading matter or omission as soon as the person became aware of it. 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—
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 16) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Motor Car Traders Act 1986 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 37(Sch. item 3) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Motor Car Traders Act 1986 Business Names (Commonwealth Powers) Act 2011, No. 79/2011 Assent Date: 21.12.11 Commencement Date: S. 34 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1 : This information relates only to the provision/s amending the Motor Car Traders Act 1986 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 28) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Motor Car Traders Act 1986 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 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 37) on 1.12.13: s. 2(1) : This information relates only to the provision/s amending the Motor Car Traders Act 1986 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 114) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 : This information relates only to the provision/s amending the Motor Car Traders Act 1986 Consumer Affairs Legislation Amendment Act 2014, No. 50/2014