Queensland Consolidated Regulations

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MOTOR DEALERS AND CHATTEL AUCTIONEERS REGULATION 2014

- Made under the Motor Dealers and Chattel Auctioneers Act 2014
- As at 6 July 2022
- Reg 249 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - LIMITED MOTOR DEALER LICENCES AND LIMITED REGISTRATION CERTIFICATES

   3.      Limited motor dealer licences and limited registration certificates—Act, ss 15(1) and 151(1)(b)

   PART 3 - GENERAL PROVISIONS ABOUT LICENSEES OR MOTOR SALESPERSONS

   4.      Prescribed changes in licensee’s circumstances to be notified to chief executive
   5.      Prescribed changes in motor salesperson’s circumstances to be notified to chief executive
   6.      Buyer’s premium
   7.      Prescribed particulars for statement licensee must obtain from seller of vehicle
   8.      Prescribed particulars for statement licensee must give to buyer of vehicle
   9.      Advertising or displaying motor vehicle for sale on consignment
   10.     Consideration for cooling-off period or option—Act, ss 106(1) and 107(1)
   11.     Advertising or displaying unwarranted vehicle
   11A.    Advertising restorable vehicle
   11B.    Displaying restorable vehicle
   12.     Display and announcement of chattel auctioneer’s name
   13.     Prescribed particulars for motor dealer’s transactions register
   14.     Sale of goods, other than livestock, by chattel auctioneers—Act, s 236(2)(a)(ii)
   15.     Sales of livestock by chattel auctioneers—Act, s 236(2)(a)(ii)
   16.     Motor dealer receipts—Act, s 236(2)(k)

   PART 4 - KEEPING DOCUMENTS

   17.     Keeping documents
   18.     Keeping documents in electronic form

   PART 5 - CONDUCT STANDARDS

           Division 1 - Conduct standards

   19.     Conduct standards

           Division 2 - Motor dealers and motor salespersons

   20.     Motor dealer to act in accordance with client’s instructions
   21.     Conflict of duty or interest
   22.     Finding out or verifying used motor vehicle ownership
   23.     Finding out or verifying facts material to the sale or purchase of used motor vehicle

           Division 3 - Chattel auctioneers

   24.     Chattel auctioneer to act in accordance with client’s instructions
   25.     Conflict of duty or interest
   26.     Finding out or verifying property ownership and description
   27.     Finding out or verifying facts material to the sale of goods
   28.     Registration of bidders and related obligations for auction
   29.     Bids by sellers
   30.     Disclosure of bidder identity

   PART 6 - ISSUING OR RENEWING LICENCE FOR SHORTER TERM

   31.     Shorter term for additional licence—Act, s 66(2)
   32.     Shorter term for renewal of licence—Act, s 66(2)
   33.     Shorter term if holder of another licence carries on business with applicant—Act, s 66(2)

   PART 7 - FEES

           Division 1 - Fees payable

   34.     Fees
   34A.    Rounding of amounts expressed as numbers of fee units

           Division 2 - Licences

   35.     Fee discount for multiple applications under the Act or an Agents Act
   36.     Fee discount for applicant holding 1 or more licences under the Act or an Agents Act
   37.     Fee discount for renewal of 1 or more licences under the Act or an Agents Act
   38.     Fee discount to hold real estate auctioneer licence and chattel auctioneer licence

           Division 3 - Refunds for licensees

   39.     Withdrawn or refused licence application
   40.     Surrendered licences
   41.     Shortened licence term

           Division 4 - Refunds for motor salespersons

   42.     Withdrawn or refused application for registration as motor salesperson
   43.     Surrendered registration certificate

           Division 5 - Fees that are not refundable

   44.     No refund payable in particular circumstances

   PART 8 - MISCELLANEOUS

   45.     Form in which particular records and registers may be kept
   46.     Amending particular record or transaction register
   47.     Defects not covered by statutory warranty
           SCHEDULE 1


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