New South Wales Repealed Acts

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This legislation has been repealed.

MOTOR DEALERS ACT 1974 


- As at 1 December 2014 
- Act 52 of 1974 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY AND INTERPRETATION

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   5.      Approved forms
   6.      (Repealed)
   7.      Governor may prescribe a class of business
   8.      Variation of application of Act

   PART 2 - LICENCES

           Division 1 - Preliminary

   9.      Offences

           Division 2 - Issue of licences

   10.     Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
   11.     Investigation of application
   12.     Grounds on which application to be granted or refused
   13.     Grant of approval for licence
   14.     Conditions of, and restrictions on, licence
   15.     Name under which holder of licence may operate
   16.     (Repealed)
   17.     Change of address of holder of licence
   17A.    (Repealed)
   18.     Register of holders of licences
   19.     Term of, and authority conferred by, licence
   20.     Annual fee and annual statement
   20A.    Surrender of licence
   20B.    Dealer's licence and car market operator's licence not to be held by same person
   20C.    (Repealed)

           Division 3 - Disciplinary proceedings

   20D.    Notices to show cause
   20E.    Determination of disciplinary measures by the Director-General
   20F.    Administrative reviews by Civil and Administrative Tribunal

           Division 4 - Licences generally

   20G.    Death of holder of licence
   20H.    Endorsement of condition etc of licence

           Division 5 - Unjust conduct by dealers

   20I.    Interpretation
   20J.    Undertakings by dealer
   20K.    Register of Undertakings
   20L.    Restraint of unjust conduct
   20M.    Variation etc of restraining order

   PART 3 - DEALERS' AND OTHER RECORDS

   21.     Holder of licence to keep register
   21A.    Special requirements for dealers who acquire motor vehicles for sale on consignment
   21B.    Special requirements to be complied with by dealers who demolish or dismantle motor vehicles
   21C.    Certain provisions not to apply in respect of exempted persons etc
           22-22E. (Repealed)
   22EA.   Separate registers for each licence etc
   22F.    Agent, partner or employee of licence holder may make entry in register on behalf of licence holder
           22G, 22H. (Repealed)
   23.     Inspection of registers

   PART 4 - DEALINGS IN MOTOR VEHICLES

   23A.    Premises at which the holder of a licence may lawfully offer or display motor vehicles for sale
   23B.    Sale by auction of vehicles to which number-plates are attached
   23C.    Sale by auction of vehicles to which no number-plates are attached
   24.     Dealers' notices in respect of sale of second-hand motor vehicles, second-hand motor cycles and damaged new motor vehicles
   25.     (Repealed)
   26.     Defences
   26A.    Sale of certain motor vehicles by auto-dismantlers
   26B.    Wholesalers not to sell certain motor vehicles on consignment
   27.     Obligations of dealer to repair defects
   28.     Exceptions
   29.     Excluded defects
   29A.    Car market operator liable for loss incurred by purchaser of encumbered vehicle in certain circumstances
   29B.    Notices to be displayed on vehicles at car markets
   29C.    Combination of notices under this Part
   29CA.   Cooling off period
   29CB.   Dealer may not dispose of trade-in during cooling off period
   29CC.   Consequences of termination
   29CD.   Review of cooling-off provisions

   PART 4A - SALES ON CONSIGNMENT

   29D.    Definitions
   29E.    Dealer's trust account
   29F.    Withdrawal of money from dealer's trust account
   29G.    Protection of banks, building societies and credit unions from liability
   29H.    Period for accounting to consignor
   29I.    Audit of dealer's trust account
   29J.    Special audit of dealer's trust account
   29K.    Suspension, cancellation etc of dealer's licence

   PART 5 - DISPUTES AND RESCISSIONS

   30.     Definitions
   31.     Disputes
   32.     Settlement of disputes
   33.     Investigation by Director-General
           34-36. (Repealed)
   37.     False or misleading statements
   38.     Rescission of sale

   PART 5A - ADMINISTRATION

   38A.    Definitions
   38B.    Power of Supreme Court to appoint an administrator in certain cases
   38C.    Hearing of application for appointment of administrator
   38D.    Copy of order appointing administrator to be served on holder of licence etc
   38E.    Duty of administrator to administer the affairs and property of holder of licence etc
   38F.    Power of administrator to prohibit withdrawal of money from bank, building society or credit union
   38G.    Power of administrator to invest money
   38H.    Power of administrator to require information to be given
   38I.    Obstruction etc of administrator
   38J.    Improper withdrawal of money etc
   38K.    Application to Supreme Court for directions
   38L.    Claims against property administered by administrator
   38M.    Power of Supreme Court to order person to attend before Court for examination
   38N.    Termination of appointment of administrator
   38O.    Expenses of administrator
   38P.    Claim or charge against administrator may be paid from Fund
   38Q.    Power of Supreme Court to make certain orders
   38R.    Reports etc by administrator

   PART 6 - COMPENSATION FUND

   39.     Motor Dealers Compensation Fund
   40.     Claims against Fund
   41.     Subrogation where claim allowed
   41A.    Recovery of money from directors
   42.     Deferred payments out of Fund

   PART 6A - (Repealed)
   None

   PART 7 - GENERAL

   43.     Saving of rights and remedies
   44.     No waiver of rights
   45.     No indemnity for dealer
   45A.    Provision of information
   46.     Certificate of inspection
   46A.    Loss of or damage to vehicle being repaired under warranty
   47.     Certain misdescriptions prohibited
   47A.    Odometer offences
   47B.    Recovery of portion of sale price
   48.     Failure to disclose fact of being a dealer
   49.     Duty to report suspicious goods
   50.     Retention of suspicious goods
   51.     Representation by employee of dealer
   52.     Tender of documents for signature
   52A.    Falsification of documents
   53.     Bribery
   53A.    Powers of entry etc
   53AA.   Search warrants--entry of unlicensed premises
   53B.    Production of records
   53C.    Extensions of time
   53D.    Service of notices and documents
   53E.    Penalty notices for certain offences
   54.     Liability of directors etc for offences by corporation--accessory to the commission of the offences
   54A.    Penalties
   55.     Proceedings
   55A.    Proceedings to which the Director-General is a party
   55B.    Other orders on conviction of person
   55C.    Forfeiture of motor vehicles and proceeds
   55D.    Temporary restraint on disposition of property
   56.     Evidence
   56A.    Evidence as to certain matters relating to licences
   56B.    Evidence as to publication
   56C.    Evidence as to entries in registers
   56D.    Evidence of carrying on business as dealer
   57.     Regulations
   58.     Savings
   59.     Repeal of Act No 5, 1956
   60.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2

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