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This is a Bill, not an Act. For current law, see the Acts databases.


MOTOR VEHICLE DEALERS AMENDMENT BILL 2000 - DRAFT BILL FOR PUBLIC COMMENT (GREEN BILL) 2000

                         Western Australia




         DRAFT BILL FOR PUBLIC COMMENT

     The Government proposes to introduce into Parliament
      a Bill to amend the Motor Vehicle Dealers Act 1973

     This draft Bill has been prepared for public comment
              but it does not necessarily represent
               the Government's settled position.




        Motor Vehicle Dealers Amendment
                    Bill 2000


                             CONTENTS



                    Part 1 -- Preliminary
1.       Short title                                         2
2.       Commencement                                        2
3.       The Act amended                                     2
        Part 2 -- Amendments relating to licensing
4.       Section 5 amended                                   3

                                                            page i
                              31--1
Motor Vehicle Dealers Amendment Bill 2000



Contents


   5.       Section 5A inserted                                      5
   6.       Section 15 amended                                       6
   7.       Section 16 amended                                       8
   8.       Section 17 amended                                       9
   9.       Section 17A inserted                                    10
   10 .     Section 17A amended                                     10
   11 .     Section 17B replaced by sections 17C and 17D            12
   12 .     Section 18 amended                                      14
   13 .     Section 18A inserted                                    15
   14 .     Section 19 amended                                      16
   15 .     Section 19A amended                                     17
   16 .     Sections 20 and 21 replaced by sections 20, 20A, 20B,
            20C, 20D, 20E, 20F, 20G and 20H                         17
   17 .     Section 21A amended                                     24
   18 .     Section 21B replaced by sections 21A, 21B and 21C       24
   19 .     Section 21C amended                                     26
   20 .     Section 22 amended                                      27
   21 .     Section 22A amended                                     29
   22 .     Section 23 amended                                      29
   23 .     Section 24 amended                                      30
   24 .     Section 25 amended                                      32
   25 .     Sections 30, 31 and 31A replaced by sections 30, 31,
            31A, 31B, 31C and 31D                                   32
   26 .     Section 40A amended                                     36
   27 .     Section 53 amended                                      36
   28 .     Various provisions amended because of change to
            expression "salesperson"                                36
   29 .     Various sections amended to change "registered" to
            "authorised"                                            37
           Part 3 -- Amendments relating to offences
                       and penalties
   30 .     Section 14 amended                                      39
   31 .     Section 21A amended                                     40
   32 .     Section 21C amended                                     40
   33 .     Section 22A amended                                     40
   34 .     Section 23 amended                                      40


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                                                             Contents


35 .    Section 24 amended                                      40
36 .    Section 25 amended                                      41
37 .    Section 26 amended                                      41
38 .    Section 27 amended                                      41
39 .    Section 29 amended                                      42
40 .    Section 33 amended                                      42
41 .    Section 37 amended                                      43
42 .    Section 40B amended                                     43
43 .    Section 41 amended                                      43
44 .    Section 43 amended                                      43
45 .    Section 44 amended                                      43
46 .    Section 45 amended                                      43
47 .    Section 50 amended                                      44
48 .    Section 52 amended                                      44
49 .    Section 55A inserted                                    44
50 .    Section 56 amended                                      46
       Part 4 -- Amendments relating to dealings
                    in vehicles
51 .    Section 5 amended                                       48
52 .    Heading inserted                                        48
53 .    Section 32 amended                                      48
54 .    Sections 32A to 32K and Division headings inserted      48
55 .    Heading inserted                                        54
56 .    Section 34 replaced by sections 34, 34A, 34B, 34C,
        34D, 34E, 34F and 34G                                   54
57 .    Section 35 amended                                      59
58 .    Heading inserted                                        59
59 .    Section 40 repealed                                     59
60 .    Section 42A inserted                                    59
61 .    Section 56 amended                                      60
          Part 5 -- Miscellaneous amendments
62 .    Section 6 amended                                       61
63 .    Section 8 amended                                       61
64 .    Section 27 amended                                      61
65 .    Section 28 replaced by sections 28 and 28A              61


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Motor Vehicle Dealers Amendment Bill 2000



Contents


   66 .    Section 29 amended                                         65
             Part 6 -- Consequential amendments
   67 .    Chattel Securities Act 1987 amended                        66
   68 .    Pawnbrokers and Second-hand Dealers Act 1994
           amended                                                    66
                Part 7 --Transitional provisions
   69 .    Definition                                                 67
   70 .    Licence applications in progress                           67
   71 .    Existing dealer's licence                                  67
   72 .    Existing car market operator's licence                     68
   73 .    Premises covered by existing certificate of registration   68
   74 .    Existing grounds for disciplinary action                   69
   75 .    Time limit for prosecution of existing offences            69
   76 .    Application of Part III, Division 2                        69
   77 .    Dealer's obligation to repair                              69
   78 .    Application of section 42A                                 69
   79 .    Further transitional provision may be made                 70




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                           Western Australia



                     LEGISLATIVE ASSEMBLY



         Motor Vehicle Dealers Amendment
                     Bill 2000


                    A draft for public comment of
                              A Bill for


An Act to amend the Motor Vehicle Dealers Act 1973, and to make
consequential amendments to certain other Acts.



The Parliament of Western Australia enacts as follows:




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     Motor Vehicle Dealers Amendment Bill 2000
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Motor Vehicle Dealers Amendment
                Act 2000.

5    2.         Commencement
          (1)   The provisions of this Act come into operation on a day fixed
                by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

10   3.         The Act amended
                The amendments in this Act are to the Motor Vehicle Dealers
                Act 1973*.
                [* Reprinted as at 14 November 1996.
                   For subsequent amendments see 1999 Index to Legislation of
15                 Western Australia, Table 1, p. 166.]




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                                  Amendments relating to licensing     Part 2

                                                                                 s. 4



                Part 2 -- Amendments relating to licensing
     4.         Section 5 amended
          (1)   Section 5(1) is amended by inserting the following definitions in
                their appropriate alphabetical positions --
5               "
                     "authorisation" means --
                         (a) a dealer's licence;
                         (b) a yard manager's licence;
                         (c) a salesperson's licence; or
10                       (d) registration as a car market operator;
                     "authorised premises" --
                         (a) in relation to a dealer, means premises --
                               (i) particulars of which are included in the
                                     dealer's licence in accordance with
15                                   section 20E(5); or
                              (ii) for which a temporary permit is in force
                                     under section 20H;
                                and
                         (b) in relation to a car market operator, means
20                              premises particulars of which are included in
                                the registration of the operator in accordance
                                with section 21A(5);
                     "buying or selling", in relation to vehicles, includes
                         acting as agent for persons in connection with the
25                       buying or selling of vehicles;
                     "certificate of registration" means a certificate of
                         registration under section 17B(4);
                     "grant", in relation to an authorisation, means --
                         (a) the grant of a licence to a person or to
30                              persons constituting a firm; or


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     Part 2         Amendments relating to licensing

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                            (b)   the registration of a person, or persons
                                  constituting a firm, under section 17B;
                        "hold", in relation to an authorisation, means --
                            (a) to hold a licence; or
5                           (b) to be registered under section 17B;
                                                                                  ".
        (2)   Section 5(1) is amended by deleting the definition of "car
              market operator's licence".
        (3)   Section 5(1) is amended by deleting the definition of "dealer"
10            and inserting the following definition instead --
              "
                        "dealer" means --
                            (a) a person who carries on any class or
                                  description of business of --
15                               (i) buying or selling vehicles; or
                                (ii) acting as agent for other persons in
                                       relation to the buying or selling of
                                       vehicles,
                                  (including a business of selling vehicles by
20                                auction) that is prescribed by regulations
                                  referred to in section 5A; and
                            (b) a financier;
                                                                                  ".
        (4)   Section 5(5) is amended as follows:
25             (a) by deleting "issue of a licence" and inserting instead --
              "
                        issue of any of the authorisations provided for by this
                        Act
                                                                                  ";
30                (b)    by deleting "renewal of a licence" and inserting
                         instead --
                         " renewal of that authorisation ".

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                                          Amendments relating to licensing     Part 2

                                                                                        s. 5



          (5)       Section 5(7) is amended as follows:
                     (a) by deleting "a car market operator's licence" and
                           inserting instead --
                    "
5                             a registration of a person as a car market operator
                                                                                           ";
                        (b)    by deleting "the licence" and inserting instead --
                               " the registration ".
          (6)       After section 5(7) the following subsection is inserted --
10              "
                    (8)       Where --
                               (a) a licence is granted to 2 or more persons under
                                    section 15(2); or
                               (b) 2 or more persons are registered under
15                                  section 17B(2),
                              references in this Act to the holder of a licence or
                              authorisation, to a registered person or to a person who
                              is registered, as the case may be, are references to those
                              persons jointly, unless a contrary intention appears.
20                                                                                         ".
     5.             Section 5A inserted
                    After section 5 the following section is inserted --
     "
            5A.               Classes of business and categories of licence
25                            Regulations may be made under section 56
                              prescribing --
                                (a) different classes or descriptions of business for
                                      the purposes of the definition of "dealer" in
                                      section 5(1) including a business that consists
30                                    of or includes --
                                        (i) the buying of vehicles for wrecking; or

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                               (ii) the selling of vehicles by auction;
                        (b)   a different category of dealer's licence --
                                (i) for each prescribed class or description
                                      of business; or
5                              (ii) for any combination of them;
                              and
                        (c)   different circumstances under which a
                              particular category of licence may be granted.
                                                                               ".

10   6.         Section 15 amended
          (1)   Section 15(1) is amended as follows:
                 (a) by inserting after "dealer's licence" --
                       " of a particular category ";
                 (b) by inserting "and" after paragraph (b);
15               (c) by deleting paragraphs (c) and (d) and inserting
                       instead --
                    "
                        (c)   that he has --
                                 (i) sufficient resources; and
20                              (ii) sufficient knowledge of this Act.
                                                                               ".
          (2)   Section 15(2) is amended as follows:
                 (a) by inserting after "dealer's licence" --
                       " of a particular category ";
25               (b) by deleting paragraphs (b) and (c) and inserting
                       instead --
                    "
                        (b)   that the persons constituting the firm have
                              sufficient resources; and


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                                      Amendments relating to licensing     Part 2

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                           (c)   that at least one of the natural persons referred
                                 to in paragraph (a) has sufficient knowledge of
                                 this Act.
                                                                                      ".
5    (3)        After section 15(2) the following subsection is inserted --
           "
               (2a)       If there is a corporate member of a firm to which a
                          licence is granted under subsection (2), the licence
                          ceases to have effect if --
10                           (a) a change occurs in the person or persons
                                   concerned in the management or conduct of the
                                   corporate member; and
                            (b) the change --
                                      (i) is not notified to the Board in
15                                         accordance with section 23(1); or
                                     (ii) is not approved by the Board under
                                           section 23(3).
                                                                                      ".
     (4)        Section 15(3) is amended as follows:
20               (a) by inserting after "dealer's licence" --
                       " of a particular category ";
                 (b) by deleting paragraphs (b) and (c) and inserting
                       instead --
                      "
25                         (b)   that it has sufficient resources; and
                           (c)   that at least one of the natural persons referred
                                 to in paragraph (a) has sufficient knowledge of
                                 this Act.
                                                                                      ".




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     Part 2         Amendments relating to licensing

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          (5)       After section 15(3) the following subsections are inserted --
                "
                    (4)   A licence granted under subsection (3) ceases to have
                          effect if --
5                           (a) a change occurs in the persons concerned in the
                                   management and conduct of the body corporate
                                   that holds the licence; and
                            (b) the change --
                                      (i) is not notified to the Board in
10                                         accordance with section 23(2); or
                                     (ii) is not approved by the Board under
                                           section 23(3).
                    (5)   In this section --
                          "sufficient knowledge of this Act" means a full
15                             understanding of the duties and obligations
                               imposed by this Act on dealers, yard managers and
                               salespersons, but only so far as the Board
                               considers that those duties and obligations are
                               relevant to the category of licence applied for;
20                        "sufficient resources" means sufficient material and
                               financial resources available to the person or
                               persons to enable the requirements of this Act to
                               be complied with, but only so far as the Board
                               considers that those requirements are relevant to
25                             the category of licence applied for.
                                                                                   ".
     7.             Section 16 amended
          (1)       Section 16 is amended as follows:
                      (a) by inserting before "Subject" the subsection designation
30                         "(1)";
                     (b) by inserting immediately before paragraph (a) --
                           " (a) of his identity; ";

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                                       Amendments relating to licensing     Part 2

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                     (c)    in paragraph (a) by deleting the paragraph designation
                            "(a)" and inserting instead --
                            " (aa) ".
          (2)       At the end of section 16 the following subsection is inserted --
5               "
                    (2)    The secretary may, unless the Chairman otherwise
                           directs, by instrument in writing authorise an applicant
                           under subsection (1) to act as a yard manager as if the
                           applicant were the holder of a yard manager's licence
10                         until --
                             (a) the application is dealt with by the Board; or
                             (b) the expiry of a period specified in the
                                    instrument,
                           whichever occurs first.
15                                                                                     ".

     8.             Section 17 amended
          (1)       Section 17 is amended as follows:
                     (a) by inserting before "Subject" the subsection designation
                           "(1)";
20                   (b) by inserting immediately before paragraph (a) --
                           " (a) of his identity; ";
                     (c) in paragraph (a) by deleting the paragraph designation
                           "(a)" and inserting instead --
                           " (aa) ".
25        (2)       At the end of section 17 the following subsection is inserted --
                "
                    (2)    The secretary may, unless the Chairman otherwise
                           directs, by instrument in writing authorise an applicant
                           under subsection (1) to act as a salesperson as if the



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     Part 2         Amendments relating to licensing

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                      applicant were the holder of a salesperson's licence
                      until --
                        (a) the application is dealt with by the Board; or
                        (b) the expiry of a period specified in the
5                             instrument,
                      whichever occurs first.
                                                                                  ".

     9.          Section 17A inserted
                 After section 17 the following section is inserted --
10   "
             17A.     Training courses for dealers, yard managers and
                      salespersons
                      In addition to its functions under sections 15, 16 and 17
                      the Board shall --
15                      (a) approve --
                                 (i) courses for the training of dealers, yard
                                      managers and salespersons; and
                                (ii) the persons who provide those courses;
                        (b) keep in the register provided for by section 24
20                            particulars of and relating to persons who prove
                              to the Board that they have satisfactorily
                              completed an approved training course
                              provided by an approved person; and
                        (c) issue to such persons certificates as to their
25                            registration under paragraph (b).
                                                                                  ".

     10.         Section 17A amended
           (1)   Section 17A is amended by deleting "17A." and inserting
                 instead --
30               "   17B.   ".

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                                 Amendments relating to licensing     Part 2

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     (2)   Section 17A(1) is amended as follows:
            (a) by deleting "for a car market operator's licence" and
                  inserting instead --
                  " to be registered as a car market operator ";
5           (b) by deleting "be granted such a licence upon satisfying
                  the Board --" and inserting instead --
           "
                     be so registered upon satisfying the Board --
                       (a) of his identity; and
10                     (b) that he is of or over the age of 18 years.
                                                                             ";
               (c)    by deleting paragraphs (a), (b), (c) and (d).
     (3)   Section 17A(2) is amended as follows:
            (a) by deleting "for a car market operator's licence" and
15                inserting instead --
                  " to be registered as a car market operator ";
            (b) by deleting "be granted such a licence upon satisfying
                  the Board --" and inserting instead --
           "
20                   be so registered upon satisfying the Board --
                       (a) of their identity; and
                       (b) that each of them is of or over the age of
                             18 years.
                                                                             ";
25             (c)    by deleting paragraphs (a), (b) and (c).
     (4)   Section 17A(3) is amended as follows:
            (a) by deleting "for a car market operator's licence" and
                  inserting instead --
                  " to be registered as a car market operator ";



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     Part 2         Amendments relating to licensing

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                         (b)    by deleting "be granted such a licence upon satisfying
                                the Board --" and inserting instead --
                     "
                               be so registered upon satisfying the Board --
5                                (a) of the identity of each of the persons concerned
                                       in the management or conduct of the body
                                       corporate; and
                                 (b) that each of those persons is of or over the age
                                       of 18 years.
10                                                                                       ";
                         (c)    by deleting paragraphs (a), (b) and (c).
           (5)       After section 17A(3) the following subsection is inserted --
                 "
                     (4)       The Board shall give a certificate of registration to --
15                              (a) a person;
                                (b) persons constituting a firm; or
                                (c) a body corporate,
                               that becomes registered under this section.
                                                                                         ".

20   11.             Section 17B replaced by sections 17C and 17D
                     Section 17B is repealed and the following sections are inserted
                     instead --
     "
             17C.              Power to refuse registration under section 17B or
25                             renewal of registration
                     (1)       Despite anything in section 17B, the Board may refuse
                               to register an applicant under that section if it is
                               satisfied that a relevant person has done or omitted to
                               do any thing or engaged in any conduct that renders the
30                             applicant unfit to be registered.


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                         Amendments relating to licensing     Part 2

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       (2)   Despite anything in section 19(3), the Board may
             refuse to renew the registration of a car market operator
             if it is satisfied as mentioned in subsection (1).
       (3)   Subsections (1) and (2) are permissive only and do not
5            impose a duty on the Board to make enquiries
             concerning a relevant person.
       (4)   In this section --
             "relevant person" --
                  (a) means the applicant, where a person, not
10                       being a body corporate, has applied under
                         section 17B(1) or 19(3), as the case may be;
                  (b) means any person --
                        (i) by which the firm is constituted; or
                       (ii) who is concerned in the management or
15                            conduct of a body corporate by which
                              the firm is constituted,
                         where persons constituting a firm have
                         applied under section 17B(2) or 19(3), as the
                         case may be; and
20                (c) means any person concerned in the
                         management or conduct of the body
                         corporate where a body corporate has
                         applied under section 17B(3) or 19(3), as the
                         case may be.

25   17D.    Person cannot be car market operator and hold any
             other authorisation
       (1)   Registration of a person as a car market operator
             automatically --
               (a) cancels a licence held by the person; or
30             (b) ceases to have effect if the person becomes the
                    holder of a licence.


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                      (2)   Subsection (1) applies whether the registration or
                            licence is granted to, or held by, a person solely or
                            jointly as a member of a firm.
                                                                                       ".

5    12.              Section 18 amended
           (1)        Section 18(1) is repealed and the following subsections are
                      inserted instead --
                 "
                      (1)   The Board may refuse an application by a person, or
10                          persons constituting a firm, for the grant or renewal of
                            an authorisation, if there is any ground on which an
                            order could be made under section 20(1) --
                             (a)    in respect of the person or persons; or
                             (b)    in respect of a person concerned in the
15                                  management or conduct of a body corporate
                                    that is the applicant or one of the applicants.
                     (1a)   The Board shall not refuse an application mentioned in
                            subsection (1) on a ground referred to in that
                            subsection unless it has --
20                            (a) conducted an inquiry; and
                              (b) given the applicant an opportunity to show
                                    cause why the application should not be
                                    refused.
                     (1b)   If --
25                            (a)   an application for renewal of an authorisation
                                    has been made; and
                             (b)    the Board considers that --
                                      (i) there is a matter that could constitute a
                                           ground for refusing the renewal under
30                                         subsection (1); but


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                                      (ii)     there is insufficient time before the
                                               authorisation expires for the Board to
                                               hold an inquiry as required by
                                               subsection (1a),
5                        the Board may grant the renewal in terms that the
                         renewal does not affect the exercise after the renewal
                         of the Board's power under section 20 in respect of that
                         matter.
                 (1c)    Subsection (1) is in addition to the other powers that
10                       the Board has to refuse an application.
                                                                                          ".
           (2)    Section 18(2) is amended by deleting "17A" and inserting
                  instead --
                  "     17B     ".
15   13.          Section 18A inserted
                  After section 18 the following section is inserted --
     "
             18A.        Licence conditions
                  (1)    The Board may, when granting a licence, attach any
20                       condition or restriction to the licence.
                  (2)    The Board may at any time decide that --
                              (a)    a new condition or restriction shall be attached
                                     to an existing licence; or
                          (b)        a condition or restriction attached to an existing
25                                   licence shall be amended or removed.
                  (3)    A decision under subsection (2) does not take effect
                         until a day determined by the Board.
                  (4)    The day so determined cannot be before the Board
                         has --
30                         (a) notified the licensee of the decision; and


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                           (b)    given the licensee a reasonable opportunity to
                                  make submissions on it either orally or in
                                  writing.
                 (5)     The Board may determine that subsection (4) does not
5                        apply in the case of a decision to remove a condition or
                         restriction.
                 (6)     The powers conferred by this section are in addition to
                         the powers described in section 20A(5).
                                                                                    ".

10   14.         Section 19 amended
           (1)   Section 19 is amended by deleting "a licence" in each place
                 where it occurs and inserting instead --
                 "     an authorisation     ".
           (2)   Section 19(2), (3)(a) and (b) and (3a) are amended by deleting
15               "the licence" in each place where it occurs and inserting
                 instead --
                 " the authorisation         ".
           (3)   Section 19(3) is amended as follows:
                  (a) by deleting "that licence" and inserting instead --
20                      " that authorisation ";
                  (b) by deleting "expired licence" and inserting instead --
                        " expired authorisation ".
           (4)   Section 19(3a) is amended by deleting "previous licence" and
                 inserting instead --
25               "     previous authorisation        ".
           (5)   Section 19(3b) is amended by deleting "17A" and inserting
                 instead --
                 "     17B   ".


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           (6)     Section 19(4)(b) is amended by inserting after "the holder" --
                   " or any joint holder           ".

     15.           Section 19A amended
           (1)     Section 19A(1) and (2) are amended by deleting "a licence" in
5                  both places where it occurs and inserting instead --
                   "     an authorisation    ".
           (2)     Section 19A(1) is amended by deleting "licence, surrender that
                   licence" and inserting instead --
                   "     authorisation, surrender that authorisation    ".
10         (3)     Section 19A(2) is amended by deleting "the licence" in each
                   place where it occurs and inserting instead --
                   " the authorisation        ".

     16.           Sections 20 and 21 replaced by sections 20, 20A, 20B, 20C,
                   20D, 20E, 20F, 20G and 20H
15                 Sections 20 and 21 are repealed and the following sections are
                   inserted instead --
     "

             20.           Disciplinary powers of Board
                   (1)     The Board may make one or more of the orders
20                         authorised by section 20A in respect of a person if the
                           person has been found by the Board --
                             (a) to have contravened or failed to comply with --
                                     (i) a provision of this Act; or
                                    (ii) an authorisation or a condition or
25                                        restriction attached to an authorisation;
                                   or



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     s. 16.



                      (b)   to have done or omitted to do any thing, or
                            engaged in any conduct, where in the opinion
                            of the Board the act, omission or conduct
                            renders the person unfit --
5                              (i) to be the holder, or a joint holder, of an
                                    authorisation; or
                              (ii) to be concerned in the management or
                                    conduct of a body corporate that is the
                                    holder or a joint holder of an
10                                  authorisation.
               (2)   The Board may make an order disqualifying a person,
                     or the persons constituting a firm, from --
                       (a) holding a dealer's licence of a specified
                             category; or
15                     (b) being registered as a car market operator,
                     if the person or persons has or have been found by the
                     Board --
                        (c) not to have sufficient material and financial
                              resources to enable the person or the firm, as
20                            the case may be, to comply with the
                              requirements of this Act so far as those
                              requirements are relevant to --
                                 (i) the category of licence held by the
                                      person or persons; or
25                              (ii) registration as a car market operator;
                              or
                       (d) to have ceased to carry on the business of a
                              dealer or a car market operator.
               (3)   The Board may make an order revoking an
30                   authorisation of premises under section 20E or 21A if
                     the Board is no longer satisfied that the premises
                     comply with all relevant requirements of written laws

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                                                                        s. 16.



             relating to planning that apply in respect of the
             premises.
       (4)   The Board may make an order under this section of its
             own motion or on the application of the Commissioner.
5      (5)   The Board shall not make an order under this section in
             respect of a person unless it has --
               (a) conducted an inquiry; and
               (b) given the person an opportunity to show cause
                     why the order should not be made.

10   20A.    Orders that may be made under section 20(1)
       (1)   The orders that the Board may make under
             section 20(1) are those provided for by this section.
       (2)   An order may be made disqualifying a person from
             holding or obtaining, whether solely or jointly, any
15           authorisation or any specified kind of authorisation,
             whether or not at the time when the order is made that
             person is the holder of an authorisation.
       (3)   An order may be made disqualifying a person from
             being concerned in the management or conduct of a
20           body corporate that is the holder, or a joint holder, of
             an authorisation, whether or not at the time when the
             order is made the person is so concerned.
       (4)   Subject to section 20B, an order may be made that a
             person pay to the Board a penalty not exceeding --
25             (a) $1 500 in the case of a person who is or was the
                    holder of a yard manager's licence or a
                    salesperson's licence; or
               (b) $5 000 in the case of a person who is or was the
                    holder of a dealer's licence or registered as a
30                  car market operator.



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                (5)   An order may be made --
                       (a) attaching conditions or restrictions to an
                             authorisation; or
                       (b) amending a condition or restriction attached to
5                            an authorisation.
                (6)   An order may be made reprimanding or cautioning a
                      person.
                (7)   An order under subsection (2) or (3) may be made to
                      have effect --
10                      (a) for a period named in the order; or
                        (b) until a further order is made by the Board.

              20B.    Limitations on section 20A(4)
                (1)   The powers described in section 20A(4) and the
                      powers of a court to impose a penalty for an offence
15                    against this Act shall not both be exercised in respect
                      of an act, omission or conduct of a person that is
                      substantially the same.
                (2)   A penalty that exceeds the relevant maximum fine
                      cannot be imposed under the powers described in
20                    section 20A(4).
                (3)   In subsection (2) --
                      "relevant maximum fine" means, if the penalty is to
                           be imposed in respect of an act, omission or
                           conduct that constitutes an offence against this
25                         Act, the maximum fine that could be imposed by a
                           court for that offence.

              20C.    Recovery of penalties
                (1)   An amount payable by a person under an order referred
                      to in section 20A(4) may be recovered by the
30                    Commissioner as a debt in a court of competent

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                                                                       s. 16.



             jurisdiction to the extent that it remains unpaid after
             any time specified by the Board for payment.
       (2)   If an amount referred to in subsection (1) has not been
             paid by a person after any time specified by the Board
5            for payment, the Board may --
               (a) treat the non-payment as an omission to which
                     section 20(1)(b) applies; and
               (b) make an order described in section 20A(2) or
                     (3) against the person in respect of that
10                   omission.

     20D.    Certain offences relating to disqualification
       (1)   A person to whom an order described in section 20A(3)
             applies shall not contravene or fail to comply with the
             order.
15           Penalty: $5 000 and a daily penalty of $100.
       (2)   A dealer or a car market operator shall not, during the
             period when a person is disqualified under an order
             described in section 20A(2) or (3) --
               (a) employ the person in any capacity on
20                  authorised premises; or
               (b) allow the person to frequent such premises,
             without the prior consent of the Board.
             Penalty: $5 000.

     20E.    Premises at which dealers may carry on business
25     (1)   A person shall not be granted a dealer's licence unless
             the application for the licence --
               (a) specifies each of the premises at which the
                     person proposes to carry on business under the
                     authority of the licence; and


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                       (b)    is accompanied by a planning certificate to the
                              satisfaction of the Board in respect of the
                              premises.
                (2)   A planning certificate is a certificate from the authority
5                     responsible for town planning matters in the district in
                      which the premises are situated showing that the
                      proposed use of the premises --
                        (a) will comply; or
                        (b) would comply if any specified consent were
10                           given,
                      with all relevant requirements of written laws relating
                      to planning that apply in respect of the premises.
                (3)   If an application complies with subsection (1) in
                      relation to any premises, the Board, if it grants the
15                    application, shall authorise the holder of the licence to
                      carry on business at the premises under the authority of
                      the licence.
                (4)   If an application is accompanied by a certificate that is
                      given in terms of subsection (2)(b), the Board, in
20                    granting the application, may attach a condition to the
                      licence that --
                         (a) the operation of the licence is suspended until
                              the Board is satisfied that all necessary consents
                              have been given; and
25                      (b) the grant lapses if the Board is not so satisfied
                              before the expiry of a period specified by it.
                (5)   A dealer's licence shall include particulars of all
                      premises authorised under this section.

              20F.    Changes in authorised premises
30              (1)   The Board may on --
                        (a)   the application of the holder of a licence;

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                                                                      s. 16.



              (b)    the production of any planning certificate in
                     terms of section 20E(2) that the Board
                     considers necessary; and
               (c)   payment of the prescribed fee,
5            at any time approve an alteration or addition to the
             particulars referred to in section 20E(5).
       (2)   If necessary, the Board may attach a condition of the
             kind described in section 20E(4) to an approval under
             subsection (1), and for that purpose section 20E(4) may
10           be read with all necessary changes.

     20G.    Certificate relating to premises to be displayed
       (1)   The Board shall issue a certificate to the holder of a
             dealer's licence for each premises that are included in
             the licence in accordance with section 20E(5).
15     (2)   The certificate shall state that the holder is authorised
             under section 20E to carry on business at the premises
             under the authority of the licence.
       (3)   The holder of a licence shall cause a certificate issued
             under subsection (1) to be displayed in a conspicuous
20           position on the premises to which the certificate
             applies.
             Penalty: $1 500.

     20H.    Permits for special occasions
       (1)   This section applies where --
25            (a) a special occasion is being, or is to be, held at a
                     place for a limited period; and
              (b) a licensed dealer wishes to carry on business in
                     premises at the place in connection with the
                     occasion.



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               (2)     The dealer may apply to the Board in writing for a
                       temporary permit to carry on business as mentioned in
                       subsection (1)(b).
               (3)     If such an application is made, and the prescribed fee is
5                      paid, the Board may grant to the dealer a temporary
                       permit to carry on business --
                         (a) at the premises;
                         (b) during the period; and
                         (c) subject to any conditions and restrictions,
10                     specified in the permit.
               (4)     The Board may, by notice in writing to the holder of a
                       temporary permit, revoke the permit if the Board
                       considers that there is justification for doing so.
                                                                                   ".

15   17.       Section 21A amended
               Section 21A is amended by deleting "21A." and inserting
               instead --
               "     21.   ".

     18.       Section 21B replaced by sections 21A, 21B and 21C
20             Section 21B is repealed and the following sections are inserted
               instead --
     "
             21A.      Premises at which car markets may be provided
               (1)     A person shall not be registered under section 17B as a
25                     car market operator unless the application for
                       registration --
                         (a) specifies the premises that are proposed to be
                               provided for a car market under the authority of
                               the registration; and


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                                                                      s. 18



                (b)   is accompanied by a planning certificate to the
                      satisfaction of the Board in respect of the
                      premises.
       (2)    A planning certificate is a certificate from the authority
5             responsible for town planning matters in the district in
              which the premises are situated showing that the
              proposed provision of the premises as a car market --
                (a) will comply; or
                (b) would comply if any specified consent were
10                     given,
             with all relevant requirements of written laws relating to
             planning that apply in respect of the premises.
       (3)    If an application complies with subsection (1) in
              relation to any premises, the Board, if it grants the
15            application, shall authorise the car market operator to
              provide the premises for a car market under the
              authority of the registration.
       (4)    If an application is accompanied by a certificate that is
              given in terms of subsection (2)(b), the Board, in
20            granting the application, may attach a condition to the
              registration that --
                (a) the operation of the registration is suspended
                      until the Board is satisfied that all necessary
                      consents have been given; and
25              (b) the grant lapses if the Board is not so satisfied
                      before the expiry of a period specified by it.
       (5)    The registration of a person as a car market operator
              shall include particulars of all premises for which an
              authorisation is in force under this section.
30   21B.     Changes in authorised premises
       (1)    The Board may on --
               (a) the application of the registered person;


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                      (b)    the production of any planning certificate in
                             terms of section 21A(2) that the Board
                             considers necessary; and
                       (c)   payment of the prescribed fee,
5                    at any time approve an alteration or addition to the
                     particulars referred to in section 21A(5).
               (2)   If necessary, the Board may attach a condition of the
                     kind described in section 21A(4) to an approval under
                     subsection (1), and for that purpose section 21A(4)
10                   may be read with all necessary changes.

             21C.    Certificate relating to premises to be displayed
               (1)   The Board shall issue to the registered person a
                     certificate for each premises that are included in the
                     registration of a car market operator in accordance with
15                   section 21A(5).
               (2)   The certificate shall state that the person is authorised
                     under section 21A to provide the premises for a car
                     market under the authority of the registration.
               (3)   The registered person shall cause a certificate issued
20                   under subsection (1) to be displayed in a conspicuous
                     position on the premises to which the certificate
                     applies.
                     Penalty: $1 500.
                                                                                 ".

25   19.       Section 21C amended
               Section 21C is amended as follows:
                 (a) by deleting "21C." and inserting instead --
                      " 21D. ".




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                          (b)    by deleting "The holder of a car market operator's
                                 licence" and inserting instead --
                      "
                                A person who is registered as a car market operator
5                                                                                       ";
                          (c)    by deleting "a licence" and inserting instead --
                                 " registration ";
                          (d)    by deleting "the licence" in both places where it appears
                                 and inserting instead --
10                               " the registration ".

     20.              Section 22 amended
           (1)        Section 22(1) is amended by deleting "an order -- " and
                      inserting instead --
                      " order to which this subsection applies              ".
15         (2)        Section 22(1)(a), (b), (c) and (d) are deleted.
           (3)        After section 22(1) the following subsection is inserted --
                 "
                     (1a)       Subsection (1) applies to a decision or order of the
                                Board --
20                               (a) refusing an application for --
                                          (i) an authorisation; or
                                         (ii) the renewal of an authorisation;
                                 (b) refusing --
                                          (i) to authorise premises under section 20E
25                                             or 21A;
                                         (ii) to grant an approval under section 20F
                                               or 21B; or
                                        (iii) to grant a temporary permit under
                                               section 20H;


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                             (c)      in exercise of its disciplinary powers under
                                      section 20(1), (2) or (3);
                             (d)      in exercise of its powers in relation to
                                      conditions and restrictions under section 18A or
5                                     20H;
                             (e)      revoking a temporary permit under
                                      section 20H(4); or
                             (f)      refusing to approve of a change submitted to it
                                      under section 23 in respect of a dealer's licence.
10                                                                                         ".
        (4)    Section 22(1a) is amended as follows:
                (a) by deleting the subsection designation "(1a)" and
                      inserting instead --
                             " (1b) ";
15                 (b)       in paragraph (a) by deleting "a licence" and inserting
                             instead --
                             "
                                      an authorisation or the renewal of an
                                      authorisation
20                                                                                         ";
                   (c)       by deleting paragraph (b) and inserting instead --
                         "
                             (b)      authorising premises under section 20E or 21A;
                                                                                           ";
25                 (d)       in paragraph (c) by inserting after "section 23" --
                             " in respect of a dealer's licence ".
        (5)    Section 22(2) and (6) are amended by deleting "(1a)" in each
               place where it occurs and inserting instead --
               "    (1b)         ".




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                                                                                         s. 21



     21.             Section 22A amended
           (1)       Section 22A(1) is amended as follows:
                         (a)    by deleting "and who pursuant to an order under
                                section 20" and inserting instead --
5                               " or certificate of registration and who ";
                         (b)    in paragraph (b) by deleting "a licence" and inserting
                                instead --
                                " that licence or registration ";
                         (c)    by inserting after "the licence" --
10                              " or certificate of registration ";
                         (d)    by deleting "21 or 21B" and inserting instead --
                                " 20G or 21C ".
           (2)       Section 22A(3) is repealed and the following subsection is
                     inserted instead --
15               "
                     (3)       Where an authorisation --
                                (a) is cancelled; or
                                (b) ceases to have effect under section 17D,
                               the person who was the holder of the authorisation
20                             shall return to the secretary any relevant licence or
                               certificate of registration.
                                                                                            ".

     22.             Section 23 amended
           (1)       Section 23(1) is amended by deleting "is granted under
25                   subsection (2) of section 15 or subsection (2) of section 17A"
                     and inserting instead --
                     "
                               under section 15(2) or a registration under
                               section 17B(2) is in force
30                                                                                          ".

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           (2)       Section 23(1) is amended by inserting after "to the secretary" --
                     "
                             by the holder of the licence or the registered person, as
                             the case may require
5                                                                                        ".
           (3)       Section 23(2) is amended by deleting "is granted under
                     subsection (3) of section 15 or subsection (3) of section 17A"
                     and inserting instead --
                     "
10                           under section 15(3) or a registration under
                             section 17B(3) is in force
                                                                                         ".
           (4)       Section 23(2) is amended by inserting after "to the secretary" --
                     "
15                           by the holder of the licence or the registered person, as
                             the case may require
                                                                                         ".
           (5)       Section 23(3) is amended by deleting "subsection (1) of this
                     section or subsection (2) of this section" and inserting
20                   instead --
                     "     subsection (1) or (2) in respect of a dealer's licence   ".
           (6)       Section 23(5) is amended by deleting "or car market operator, as
                     the case may be,".

     23.             Section 24 amended
25         (1)       Section 24(1) is repealed and the following subsection is
                     inserted instead --
                 "
                     (1)     The secretary shall cause a register to be kept
                             showing --



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                                                                             s. 23



                       (a)   the prescribed particulars and matters relating
                             to --
                                (i) authorisations;
                               (ii) the holders of authorisations; and
5                             (iii) premises authorised under sections 20E
                                     and 21A;
                             and
                      (b)    the particulars required to be kept by
                             section 17A(b).
10                                                                               ".
     (2)       Section 24(2) is amended as follows:
                (a) by deleting "a licence" and inserting instead --
                      " an authorisation ";
                (b) by deleting "valid licence" and inserting instead --
15                    " valid authorisation ".
     (3)       After section 24(4) the following subsections are inserted --
           "
               (5)   The register shall be open for inspection by any person,
                     on payment of the prescribed fee, during normal office
20                   hours of the Board.
               (6)   A person may, on payment of the prescribed fee, obtain
                     from the secretary a certificate under his hand --
                       (a) showing whether or not a person was the holder
                            of any authorisation on a specified date or
25                          during a specified period; or
                       (b) as to any other matter appearing in the register.
               (7)   A certificate referred to in subsection (6) is admissible
                     in proceedings as evidence of the matters stated in the
                     certificate.
30                                                                               ".


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     24.           Section 25 amended
           (1)     Section 25(2a) is amended as follows:
                       (a)    by deleting "The holder of a car market operator's
                              licence" and inserting instead --
5                  "
                             A person who is registered as a car market operator
                                                                                         ";
                       (b)    by deleting "in respect of which the licence is granted"
                              and inserting instead --
10                 "
                             authorised under section 21A in relation to that
                             registration
                                                                                         ";
                       (c)    in paragraph (a) by deleting "licence" and inserting
15                            instead --
                              " registration ".
           (2)     Section 25(2e) is amended by deleting "at premises pursuant to
                   a car market operator's licence" and inserting instead --
                   "
20                           by a person who is registered as a car market operator
                             at premises authorised under section 21A in relation to
                             that registration
                                                                                         ".
     25.           Sections 30, 31 and 31A replaced by sections 30, 31, 31A,
25                 31B, 31C and 31D
                   Sections 30, 31 and 31A are repealed and the following sections
                   are inserted instead --
     "
             30.             Dealers to be licensed and premises to be authorised
30                 (1)       A person shall not engage in unlicensed dealing.
                             Penalty: $20 000 and a daily penalty of $500.

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                                                                           s. 25.



           (2)   A dealer shall not carry on business as a dealer at any
                 premises except under and in accordance with --
                   (a) an authorisation under section 20E; or
                   (b) a permit granted under section 20H.
5                Penalty: $5 000.
           (3)   For the purposes of subsection (1) a person engages in
                 unlicensed dealing if he carries on any class or
                 description of business as a dealer otherwise than --
                   (a) under and in accordance with a dealer's licence
10                       for that class or description of business; and
                   (b) in accordance with any condition or restriction
                         attached to the licence.
           (4)   Despite subsection (3) a person does not engage in
                 unlicensed dealing if he --
15                 (a) acts in a business only in the capacity of a yard
                        manager or salesperson; or
                  (b) carries on or acts in a business only in the
                        capacity of a financier or auctioneer and --
                           (i) has an exemption under section 31; and
20                        (ii) complies with any condition or
                               restriction to which the exemption is
                               subject.

     31.         Exemptions from compliance with this Act
           (1)   The Board may in writing grant an exemption from
25               compliance with this Act to a financier or an auctioneer
                 who --
                   (a) applies for an exemption in the approved form
                        and pays the prescribed fee; and




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     s. 25.



                       (b)   satisfies the Board --
                               (i) in the case of a financier, that he
                                     ordinarily disposes of vehicles which he
                                     has repossessed directly to dealers; or
5                             (ii) in the case of an auctioneer, that the
                                     selling of vehicles by auction does not
                                     comprise a significant part of his
                                     business as an auctioneer.
                (2)   An exemption under subsection (1) --
10                     (a) may be granted subject to conditions;
                       (b) extends to a person acting as an employee or
                            agent of the financier or auctioneer; and
                       (c) may be revoked by the Board at any time.
              31A.    Yard managers to be licensed
15                    A person shall not act in the capacity of a yard
                      manager, other than for or on behalf of a financier,
                      unless --
                        (a) he is --
                                (i) the holder of a yard manager's licence
20                                   under section 16(1); or
                               (ii) taken to be the holder of such licence
                                     under section 16(2);
                             and
                       (b) he complies with any condition or restriction
25                           attached to the licence.
                      Penalty: $5 000 and a daily penalty of $100.
              31B.    Salespersons to be licensed
                      A person shall not act in the capacity of a salesperson,
                      other than for or on behalf of a financier, unless --




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                                                                      s. 25.



              (a)   he is --
                       (i) the holder of a salesperson's licence
                            under section 17(1); or
                      (ii) taken to be the holder of such a licence
5                           under section 17(2);
                    and
              (b) he complies with any condition or restriction
                    attached to the licence.
             Penalty: $5 000 and a daily penalty of $100.

10   31C.    Unlicensed person not to be employed
             A dealer shall not have a person employed or engaged
             in his business if the performance of the person's duties
             involve the person contravening section 31A or 31B, as
             the case may be.
15           Penalty: $5 000 and a daily penalty of $100.

     31D.    Car market operators to be registered and premises
             to be authorised
       (1)   A person shall not --
              (a) carry on or act in the business of a car market
20                  operator; or
              (b) advertise that he --
                       (i) carries on or acts in; or
                      (ii) is willing to carry on or act in,
                    the business of a car market operator,
25           unless he is registered as a car market operator under
             section 17B.
             Penalty: $20 000 and a daily penalty of $500.




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     s. 26



                 (2)     A car market operator shall not provide premises for a
                         car market unless the premises are authorised to be so
                         provided under section 21A.
                         Penalty: $5 000.
5                                                                                    ".

     26.         Section 40A amended
                 Section 40A(3)(a) and (b) are amended by deleting "the holder
                 of a car market operator's licence" in both places where it
                 occurs and inserting instead --
10               "     registered under section 17B as a car market operator   ".

     27.         Section 53 amended
                 Section 53 is amended by deleting "subsection (5) of
                 section 30" and inserting instead --
                 "     31B   ".

15   28.         Various provisions amended because of change to
                 expression "salesperson"
           (1)   The Act is amended by deleting "salesman" where it occurs in
                 the provisions referred to in the Table to this subsection and in
                 each case inserting --
20               "     salesperson    ".
                                                Table
                 s. 17(d)                             s. 32(2)
                 s. 27(1) (twice)                     s. 33(7)(a)
                 s. 27(1a)(a)                         s. 42
                 s. 27(3)                             s. 54(1) (twice)
                 s. 29(1)                             s. 54(2)
           (2)   Section 5(1) is amended in the definition of "salesman" by
                 deleting " "salesman" " and inserting instead --
                 "     "salesperson"       ".

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                                      Amendments relating to licensing     Part 2

                                                                                s. 29



           (3)   Section 5(1) is amended by deleting the definition of
                 "salesman's licence" and inserting the following definition
                 instead --
                 "
5                          "salesperson's licence" means a salesperson's licence
                               granted under section 17;
                                                                                    ".
           (4)   Section 16(c) is amended by deleting "salesmen" and inserting
                 instead --
10               "    salespersons        ".
           (5)   Section 17 is amended as follows:
                     (a)    by deleting "salesman's" and inserting instead --
                            " salesperson's ";
                     (b)    in paragraph (c) by deleting "salesmen" and inserting
15                          instead --
                            " salespersons ".
           (6)   Section 24(3) is amended by deleting "salesman's" and
                 inserting instead --
                 "    salesperson's       ".
20         (7)   Section 56(2)(g) is amended by deleting "salesmen" and
                 inserting instead --
                 "    salespersons        ".

     29.         Various sections amended to change "registered" to
                 "authorised"
25         (1)   The Act is amended by deleting "registered" where it occurs in
                 the provisions referred to in the Table to this section and in each
                 case inserting --
                 "    authorised     ".


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                                        Table
          s. 25(1)                            s. 27(4)(b)
          s. 27(1)                            s. 53(1) (twice)
          s. 27(3) (twice)
   (2)    Section 27(1a)(b) is amended by deleting "registered" and
          inserting instead --
          "   authorised     ".




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           Part 3 -- Amendments relating to offences
                       and penalties
     30.   Section 14 amended
           Section 14(3) is amended as follows:
5            (a) by deleting "If any person" and inserting instead --
                  " A person shall not ";
            (b) in paragraph (a) --
                     (i) by deleting "who has" and inserting instead --
                          " having ";
10                  (ii) by deleting "fails" and inserting instead --
                          " fail ";
             (c) in paragraph (b) by deleting "interrupts" and inserting
                  instead --
                  " interrupt ";
15          (d) in paragraph (c) --
                     (i) by deleting "refuses" and inserting instead --
                          " refuse ";
                    (ii) by deleting "fails" and inserting instead --
                          " fail ";
20                 (iii) by deleting "makes a false statement to the
                          Board," and inserting instead --
                          " make a false statement to the Board. ";
             (e) by deleting "he shall be guilty of an offence and liable to
                  a penalty not exceeding $400.";
25           (f) by inserting at the foot of the subsection --
                  " Penalty: $5 000. ".




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     31.         Section 21A amended
                 Section 21A is amended by inserting at the foot of the
                 section --
                 "   Penalty: $1 500.    ".

5    32.         Section 21C amended
                 Section 21C is amended by inserting at the foot of the
                 section --
                 "   Penalty: $1 500.    ".

     33.         Section 22A amended
10               Section 22A is amended by inserting at the foot of the
                 section --
                 "   Penalty: $1 500.    ".

     34.         Section 23 amended
           (1)   Section 23(1) is amended by inserting at the foot of the
15               subsection --
                 "   Penalty: $2 000.    ".
           (2)   Section 23(2) is amended by inserting at the foot of the
                 subsection --
                 "   Penalty: $2 000.    ".

20   35.         Section 24 amended
                 Section 24(3) is amended by inserting at the foot of the
                 subsection --
                 "   Penalty: $1 500.    ".




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     36.             Section 25 amended
           (1)       Section 25(2e) is amended in the penalty provision by deleting
                     "$200" and inserting instead --
                     "     $1 000 ".
5          (2)       Section 25(3) is repealed and the following subsection is
                     inserted instead --
                 "
                     (3)     A person shall not knowingly --
                              (a) make a false entry; or
10                            (b) cause a false entry to be made,
                             in any register kept for the purposes of this section.
                                                                                           ".
           (3)       Section 25 is amended by inserting at the foot of the section --
                     "
15                           Penalty applicable to subsections (1), (1a), (2), (2a),
                                    (2b) and (3): $5 000.
                                                                                           ".
     37.             Section 26 amended
           (1)       Section 26(1) is amended by inserting at the foot of the
20                   subsection --
                     "     Penalty: $2 000.    ".
           (2)       Section 26(2) is amended by inserting at the foot of the
                     subsection --
                     "     Penalty: $2 000.    ".
25   38.             Section 27 amended
           (1)       Section 27(1) is amended by inserting at the foot of the
                     subsection --
                     "     Penalty: $5 000.    ".


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           (2)       Section 27(3) is amended by inserting at the foot of the
                     subsection --
                     "     Penalty: $5 000.    ".

     39.             Section 29 amended
5                    Section 29 is amended by inserting at the foot of the section --
                     "
                             Penalty applicable to subsections (1), (2), (3)
                                    and (5): $5 000.
                                                                                      ".
10   40.             Section 33 amended
           (1)       Section 33(1) is repealed and the following subsection is
                     inserted instead --
                 "
                     (1)     A dealer, yard manager or salesperson shall not --
15                            (a) offer or display a second-hand vehicle for sale;
                                    or
                              (b) cause, suffer or permit a second-hand vehicle to
                                    be offered or displayed for sale,
                             unless there is attached to the vehicle in the manner
20                           specified in subsection (6) a notice in the prescribed
                             form containing the prescribed particulars.
                             Penalty: $5 000.
                                                                                      ".
           (2)       Section 33(4) is amended in the penalty provision by deleting
25                   "$500" and inserting instead --
                     "     $5 000 ".
           (3)       Section 33(7) is amended by inserting at the foot of the
                     subsection --
                     "     Penalty: $1 000.    ".


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     41.   Section 37 amended
           Section 37(5) is amended in the penalty provision by deleting
           "$500" and inserting instead --
           "   $5 000 ".

5    42.   Section 40B amended
           Section 40B(1) is amended in the penalty provision by deleting
           "$500" and inserting instead --
           "   $2 000 ".
     43.   Section 41 amended
10         Section 41(1) is amended in the penalty provision by deleting
           "$500" and inserting instead --
           "   $5 000 ".
     44.   Section 43 amended
           Section 43(1) is amended in the penalty provision by deleting
15         "$500" and inserting instead --
           "   $1 000 ".
     45.   Section 44 amended
           Section 44(1) is amended in the penalty provision by deleting
           "$500" and inserting instead --
20         "   $5 000 ".
     46.   Section 45 amended
           Section 45(1) is amended by deleting the penalty provision and
           inserting instead --
           "
25              Penalty applicable to paragraph (a): $20 000.
                Penalty applicable to other paragraphs: $5 000.
                                                                           ".


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     47.         Section 50 amended
                 Section 50 is amended in the penalty provision by deleting
                 "$500" and inserting instead --
                 "     $5 000 ".

5    48.         Section 52 amended
           (1)   Section 52(1) and (2) are repealed.
           (2)   Section 52(4) is amended by deleting "12 months" and inserting
                 instead --
                 "     2 years   ".

10   49.         Section 55A inserted
                 After section 55 the following section is inserted --
     "
             55A.        Infringement notices
                 (1)     In subsection (3), (6) or (7) --
15                       "designated official" means a person designated under
                              subsection (13) by the Commissioner for the
                              purposes of the subsection in which the term is
                              used.
                 (2)     An authorised officer or a member of the Police Force
20                       who has reason to believe that a person has committed
                         a prescribed offence against this Act may, within
                         21 days after the alleged offence is believed to have
                         been committed, give an infringement notice to the
                         alleged offender.
25               (3)     An infringement notice is to be in the prescribed form
                         and is to --
                           (a) contain a description of the alleged offence;



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             (b)   advise that if the alleged offender does not wish
                   to have a complaint of the alleged offence
                   heard and determined by a court, the amount of
                   money specified in the notice as being the
5                  modified penalty for the offence may be paid to
                   a designated official within a period of 28 days
                   after the giving of the notice; and
             (c)   inform the alleged offender as to who are
                   designated officials for the purposes of
10                 receiving payment of modified penalties.
     (4)   In an infringement notice the amount specified as being
           the modified penalty for the offence referred to in the
           notice is to be the amount that was the prescribed
           modified penalty at the time the alleged offence is
15         believed to have been committed.
     (5)   The modified penalty that may be prescribed for an
           offence is not to exceed 20% of the maximum penalty
           that could be imposed for that offence by a court.
     (6)   A designated official may, in a particular case, extend
20         the period of 28 days within which the modified
           penalty may be paid and the extension may be allowed
           whether or not the period of 28 days has elapsed.
     (7)   A designated official may, whether or not the modified
           penalty has been paid, withdraw an infringement notice
25         by sending to the alleged offender a notice in the
           prescribed form stating that the infringement notice has
           been withdrawn.
     (8)   Where an infringement notice is withdrawn after the
           modified penalty has been paid, the amount is to be
30         refunded.
     (9)   Subsection (10) applies where the modified penalty
           specified in an infringement notice has been paid


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                      within 28 days or such further time as is allowed and
                      the notice has not been withdrawn.
               (10)   Where this subsection applies it prevents the bringing
                      of proceedings and the imposition of penalties to the
5                     same extent that they would be prevented if the alleged
                      offender had been convicted by a court of, and
                      punished for, the alleged offence.
               (11)   Payment of a modified penalty is not to be regarded as
                      an admission for the purposes of any proceedings,
10                    whether civil or criminal.
               (12)   Unless subsection (8) requires it to be refunded, an
                      amount paid as a modified penalty is to be dealt with as
                      if it were a penalty imposed by a court as a penalty for
                      an offence.
15             (13)   The Commissioner may, in writing, designate
                      persons or classes of persons for the purposes of
                      subsection (3), (6) or (7) or for the purposes of 2 or
                      more of those subsections, but an authorised officer or
                      a member of the Police Force is not eligible to be so
20                    designated.
               (14)   The Commissioner is to issue to each authorised officer
                      a certificate of his authorisation under subsection (2),
                      and the authorised officer is to produce the certificate
                      whenever required to do so by a person to whom an
25                    infringement notice has been or is about to be given.
                                                                                 ".

     50.        Section 56 amended
                Section 56(2) is amended as follows:
                  (a) by deleting "and" after paragraph (g);




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     (b)        by inserting after paragraph (g) --
           "
               (ga)   prescribe --
                        (i) offences for which an infringement
5                            notice may be given under section 55A;
                             and
                       (ii) for each prescribed offence --
                                 (I) a modified penalty; or
                                (II) a different modified penalty
10                                    according to the circumstances
                                      of the offence,
                             but not in any case exceeding the
                             amount allowed by section 55A(5); and
                                                                         ";
15   (c)        in paragraph (h) by deleting "$200" and inserting
                instead --
                " $2 000 ".




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      Part 4 -- Amendments relating to dealings in vehicles
     51.       Section 5 amended
               Section 5(1) is amended in the definition of "demonstration
               vehicle", in paragraph (b), by deleting "subsection (1) of ".
5    52.       Heading inserted
               After the heading to Part III, the following heading is
               inserted --
               "    Division 1 -- Preliminary ".
     53.       Section 32 amended
10             Section 32(1) is amended by deleting "The" and inserting
               instead --
               "    Without limiting Division 2, the           ".
     54.       Sections 32A to 32K and Division headings inserted
               After section 32 the following sections and Division headings
15             are inserted --
     "
                         Division 2 -- Sales on consignment
             32A.     Definitions
                      In this Division --
20                    "consignment agreement" means an agreement under
                          which a dealer agrees --
                          (a) to sell a vehicle (including by auction) for a
                                person who is not --
                               (i) a dealer or a trade owner; or
25                            (ii) a person acting as an agent of a dealer
                                    or a trade owner;
                                and


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                 (b)    to pay the proceeds of sale after the
                        deduction of any agreed commission and
                        charges to, or partly to each of --
                       (i) the person or a person authorised by
5                            him; or
                      (ii) a person holding a security interest in
                             the vehicle;
             "consignor" means a person for whom a dealer agrees
                 to sell a vehicle under a consignment agreement;
10           "security interest" has the same meaning as it has in
                 the Chattel Securities Act 1987;
             "trust account" means a trust account required to be
                 maintained by a dealer under section 32C.

     32B.    Requirements for consignment agreements
15     (1)   A dealer shall not accept a vehicle under a consignment
             agreement unless the agreement --
               (a) is in writing signed by the consignee, or his
                    agent, and the consignor; and
               (b) contains the prescribed particulars, terms and
20                  conditions.
             Penalty: $5 000.
       (2)   Subsection (1)(b) does not prevent a consignment
             agreement containing, or incorporating by reference,
             other terms and conditions so long as they are not
25           inconsistent with those that are prescribed.
       (3)   A dealer shall ensure that a copy of a consignment
             agreement is given to the consignor immediately after
             the agreement is signed by the parties to it.
             Penalty: $5 000.




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             32C.    Dealer selling on consignment to have trust account
                     A dealer shall not accept a vehicle for sale under a
                     consignment agreement unless the dealer has open with
                     a prescribed financial institution at least one account
5                    designated as a trust account.
                     Penalty: $5 000.

             32D.    Payments to trust account
               (1)   Where money is received by a dealer from the sale of a
                     vehicle under a consignment agreement, the dealer
10                   shall pay all of the money into a trust account not later
                     than the next day after the day of receipt on which the
                     relevant financial institution is open for business.
                     Penalty: $5 000.
               (2)   A dealer shall not pay money into a trust account other
15                   than money received from the sale of vehicles under
                     consignment agreements.
                     Penalty: $5 000.

             32E.    Withdrawals from trust account
               (1)   A dealer shall not, without the prior written approval of
20                   the Board, withdraw money paid into a trust account
                     from the sale of a vehicle under a consignment
                     agreement, except for the purpose of --
                       (a) paying an amount properly payable to --
                               (i) the consignor of the vehicle concerned
25                                  or a person authorised by him; or
                              (ii) the holder of a security interest in the
                                    vehicle;
                       (b) satisfying a debt due to the dealer by the
                            consignor for commission or other charges; or


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               (c)  paying an amount that is authorised by the
                    regulations to be paid.
             Penalty: $5 000.
       (2)   Except as otherwise provided by the regulations,
5            money held in a trust account is not available for
             payment of the debts of a dealer or liable to be taken in
             execution under the order or process of a court.
       (3)   Nothing in this Division takes away or affects a lawful
             claim or lien that a person has against or on any money
10           received from the sale of a vehicle under a
             consignment agreement.
     32F.    Provisions relating to financial institutions
       (1)   A financial institution does not incur any liability or
             obligation to any person by reason only that it has
15           failed to secure compliance by a dealer with any
             provision of this Division, or of the regulations,
             relating to --
               (a) the keeping of; or
               (b) the withdrawal of money from,
20           a trust account.
       (2)   A financial institution at which a dealer maintains a
             trust account shall not have any recourse or right,
             whether by way of set off, counterclaim, charge or
             otherwise, to money standing to the credit of that
25           account in respect of any liability of the dealer to the
             financial institution, other than a liability in connection
             with that account.
     32G.    Payment to consignor
             Where a dealer sells a vehicle under a consignment
30           agreement he shall pay the proceeds of sale as required
             by --
               (a) the provisions of the agreement; and

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                       (b)   the terms and conditions prescribed for the
                             purposes of section 32B(1)(b).
                      Penalty: $5 000.

             32H.     Dealers to maintain accounts
5                     A dealer shall --
                        (a)  keep full and accurate accounts and records
                             of --
                                (i) all proceeds received from sales of
                                     vehicles under consignment agreements;
10                                   and
                               (ii) all payments made by the dealer of or
                                     from those proceeds;
                       (b) before the end of the next business day after the
                             day on which proceeds of a sale are received or
15                           a payment is made, record particulars of --
                                (i) the amount so received or paid; and
                               (ii) the person from whom it was received
                                     or to whom it was paid;
                        (c) keep the accounts and records in such a manner
20                           that they can be conveniently and properly
                             audited; and
                       (d) correctly balance the accounts at the end of
                             each month.
                      Penalty: $5 000.

25           32I.     Audit of trust account
                (1)   A dealer shall ensure that each trust account of the
                      dealer is audited by a person who is a registered
                      company auditor at least once in each period of
                      12 months commencing on the day on which the
30                    account is opened.
                      Penalty: $5 000.

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       (2)   In subsection (1) and in section 32J --
             "registered company auditor" has the same meaning
                  as it has in the Corporations Law.

     32J.    Special audit of trust account
5      (1)   The Board may exercise the power in subsection (2) if
             it is of the opinion that it is desirable to do so because
             of the circumstances, or the alleged circumstances, of a
             dealer's business.
       (2)   The Board may --
10            (a) at any time order that a special audit of a trust
                   account of a dealer shall be carried out by a
                   registered company auditor at the expense of
                   the dealer; and
              (b) for that purpose --
15                    (i) appoint the auditor; and
                     (ii) specify the information that is to be
                           furnished, and the time within which the
                           auditor is to report, to the Board.
       (3)   Where an order is made under subsection (2) in respect
20           of a trust account of a dealer, the dealer shall do all
             things that are necessary to be done on his part to
             enable the audit to be completed.
             Penalty: $5 000.

     32K.    Regulations relating to audit
25           The regulations may make provision for or with respect
             to the auditing of trust accounts under sections 32I and
             32J, including --
               (a) the information and matters to be contained in
                     the auditor's report; and



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                          (b)   when, and to whom, the auditor shall report.

             Division 3 -- Obligation to display particulars of vehicle
                                                                                    ".

     55.           Heading inserted
5                  After section 33 the following heading is inserted --
     "

                    Division 4 -- Obligation to repair certain defects
                                                                                    ".

     56.           Section 34 replaced by sections 34, 34A, 34B, 34C, 34D, 34E,
10                 34F and 34G
                   Section 34 is repealed and the following sections are inserted
                   instead --
     "

             34.         Obligation to repair
15                       A dealer who sells a vehicle to which this Division
                         applies shall at his own expense repair or make good,
                         or cause to be repaired or made good, a defect for
                         which he is responsible under sections 34B, 34C and
                         34D so as to --
20                         (a) make the vehicle roadworthy; and
                           (b) place the vehicle in a reasonable condition
                                 having regard to its age.

             34A.        Vehicles covered by obligation to repair
                   (1)   This Division applies to a second-hand vehicle that --
25                        (a) is sold by a dealer to a person who does not by
                                reason of the sale become a trade owner of the
                                vehicle;


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              (b)    is sold (as mentioned in paragraph (a)) at a cash
                     price of or over --
                        (i) in the case of a motor cycle, $3 500 or
                             such other amount as is prescribed; or
5                      (ii) in the case of any other vehicle, $4 000
                             or such other amount as is prescribed;
               (c)   on the day of the sale is within the limits
                     specified in subsection (2); and
              (d)    is not excluded from the operation of this
10                   Division by an order under section 34G.
       (2)   The limits referred to in subsection (1)(c) are that --
               (a)   in the case of a motor cycle, it --
                        (i) is not more than 8 years old; or
                       (ii) has not been driven for more than
15                           80 000 km;
                     and
              (b)    in the case of any other vehicle, it --
                        (i) is not more than 12 years old; or
                       (ii) has not been driven for more than
20                           180 000 km.
       (3)   This Division does not apply to a vehicle that is sold by
             a dealer to a person if the person was in possession of
             the vehicle for a period of 3 months or more
             immediately preceding the day of sale.

25   34B.    Defects for which dealer responsible
       (1)   The dealer is responsible under section 34 for any
             defect that renders, or is likely to render, the vehicle
             unroadworthy or unserviceable, but is not responsible
             for a defect --
30             (a) that comes within section 35(2);


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                      (b)    arising from or incidental to any accidental
                             damage to the vehicle that occurred after the
                             sale;
                       (c)   arising from misuse or negligence on the part of
5                            a driver of the vehicle that occurred after the
                             sale; or
                      (d)    occurring in the tyres, battery or any prescribed
                             accessory to the vehicle.
               (2)   Subsection (1) applies to a defect whether or not it
10                   existed at the time of the sale.

             34C.    Period during which dealer responsible: vehicles
                     other than motor cycles
               (1)   In this section --
                     "category 1 vehicle" means a vehicle that on the day
15                        of the sale --
                          (a) is not more than 10 years old; or
                          (b) has been driven for not more than
                                150 000 km;
                     "category 2 vehicle" means a vehicle that on the day
20                        of the sale --
                          (a) is more than 10 years but not more than
                                12 years old; or
                          (b) has been driven for more than 150 000 km
                                but not more than 180 000 km;
25                   "vehicle" means a vehicle to which this Division
                          applies other than a motor cycle.
               (2)   In the case of a category 1 vehicle, the dealer is
                     responsible under section 34 for a defect that appears in
                     the vehicle before --
30                     (a) the vehicle has been driven for 5 000 km after
                             the sale; or

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              (b)   the expiry of the period of 3 months following
                    the day of the sale,
             whichever happens first.
       (3)   In the case of a category 2 vehicle, the dealer is
5            responsible under section 34 for a defect that appears in
             the vehicle before --
               (a) the vehicle has been driven for 1 500 km after
                     the sale; or
               (b) the expiry of the period of one month following
10                   the day of the sale,
             whichever happens first.

     34D.    Period during which dealer responsible: motor
             cycles
             The dealer is responsible under section 34 for a defect
15           that appears in a motor cycle to which this Division
             applies before --
               (a) the motor cycle has been driven for 5 000 km
                     after the sale; or
               (b) the expiry of the period of 3 months following
20                   the day of the sale,
             whichever happens first.

     34E.    Certain periods excluded from calculation
             In determining the periods mentioned in
             section 34C(2)(b) and (3)(b) and section 34D(b), no
25           account shall be taken of any period during which the
             dealer is in possession of the vehicle for the purpose or
             purported purpose of ascertaining or carrying out his
             obligations under section 34.




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     s. 56



             34F.    Age of vehicle
               (1)   For the purposes of sections 34A(2) and 34C(1) the age
                     of a vehicle shall be reckoned from the date of
                     manufacture of the vehicle as determined under this
5                    section.
               (2)   The date of manufacture of a vehicle is to be taken to
                     be --
                       (a) the date of manufacture shown on the vehicle's
                            compliance plate;
10                     (b) the "built date" shown on the vehicle; or
                       (c) if paragraph (a) or (b) does not apply --
                               (i) the date agreed in writing between the
                                   dealer and the purchaser of the vehicle;
                                   or
15                            (ii) failing such agreement, the date fixed
                                   by the Commissioner exercising the
                                   jurisdiction conferred by section 36(d).
               (3)   If for a vehicle only a month in a particular year is
                     shown in a way mentioned in subsection (2)(a) or (b)
20                   the date of manufacture of the vehicle is to be taken to
                     be the first day of the next month.
               (4)   In subsection (2) --
                     " "built date" shown on the vehicle" means the date,
                          or the month in a particular year, that follows the
25                        expression "built" or "built date" (or a similar
                          expression) on --
                          (a) a metal plate attached to the vehicle; or
                          (b) a metal component of the vehicle;
                     "compliance plate", in relation to a vehicle, means a
30                        plate attached to the vehicle that indicates that the
                          vehicle complies with the standards required by


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                        law for vehicles of that make, model and year of
                        manufacture.

           34G.     Exclusion of vehicles from this Division
                    The Minister may by order published in the Gazette
5                   exclude a vehicle or any class or description of vehicles
                    from the operation of this Division, and may in the
                    same way revoke or amend an order so made.
                                                                                 ".

     57.     Section 35 amended
10           Section 35(2) is amended by deleting "subsection (1) of
             section 34 shall not apply to and in relation to that defect" and
             inserting instead --
             "
                    that defect is not one for which the dealer is
15                  responsible under section 34
                                                                                 ".

     58.     Heading inserted
             After section 35, the following heading is inserted --
             "     Division 5 -- Disputes ".
20   59.     Section 40 repealed
             Section 40 is repealed.

     60.     Section 42A inserted
             After section 42 the following section is inserted --
     "
25         42A.     Agreements for sale of vehicles by dealer
             (1)    This section applies only where a dealer sells a vehicle,
                    other than by auction, to a person who is not a dealer.


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               (2)   A contract or agreement for the sale of a vehicle --
                      (a) shall be in writing signed by the dealer, or his
                            agent, and the purchaser; and
                      (b) shall contain the prescribed particulars, terms
5                           and conditions.
               (3)   Subsection (2)(b) does not prevent a contract or
                     agreement containing, or incorporating by reference,
                     other terms and conditions so long as they are not
                     inconsistent with those that are prescribed.
10             (4)   Without limiting section 43(7) of the Interpretation
                     Act 1984, particulars, terms and conditions that are
                     prescribed for contracts or agreements for the sale of
                     new vehicles may be different from those that are
                     prescribed for contracts or agreements for the sale of
15                   second-hand vehicles.
               (5)   A dealer or his agent shall not enter into a contract or
                     agreement for the sale of a vehicle unless the contract
                     or agreement complies with subsection (2).
                     Penalty: $5 000.
20                                                                              ".

     61.       Section 56 amended
               Section 56(2)(e) is amended by deleting "exempted from the
               provisions of subsection (1) of section 34" and inserting
               instead --
25                    "
                             excluded from the operation of Division 3 of
                             Part III
                                                                                ".




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                       Part 5 -- Miscellaneous amendments
     62.         Section 6 amended
                 Section 6(1) is amended by deleting "to 25, both inclusive" and
                 inserting instead --
5                "     23A, 24 and 25    ".

     63.         Section 8 amended
                 Section 8(1)(b) is amended by deleting "Western Australian
                 Automobile Chamber of Commerce (Inc.)" and inserting
                 instead --
10                        "
                                Motor Trade Association of Western Australia
                                Incorporated
                                                                                      ".

     64.         Section 27 amended
15               Section 27(1a) is amended by deleting "and selling" and
                 inserting instead --
                 " or selling     ".

     65.         Section 28 replaced by sections 28 and 28A
                 Section 28 is repealed and the following sections are inserted
20               instead --
     "
           28.           Order to remedy defects in second-hand vehicle
                 (1)     This section applies where --
                          (a)   an inspecting officer is examining or testing a
25                              second-hand vehicle under section 27; and
                          (b)   the officer is of the opinion that the vehicle or
                                its equipment is defective.


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               (2)   The inspecting officer may make an order in the
                     approved form --
                       (a) specifying any defect in the vehicle or its
                            equipment; and
5                      (b) requiring the owner of the vehicle, not later
                            than the day specified in the order, at the
                            owner's option, to either --
                               (i) remedy each defect so specified; or
                              (ii) return the number plates relating to the
10                                  vehicle to the nearest licensing or
                                    registering authority in accordance with
                                    section 28A.
               (3)   Where an order is made under subsection (2) in respect
                     of a vehicle, the inspecting officer shall attach to the
15                   vehicle a notice in the approved form --
                       (a) stating that the order has been made; and
                       (b) informing the owner that the sale of the vehicle
                             is prohibited as provided by section 29(1).
               (4)   If the dealer is the owner of the vehicle, the order shall
20                   be given to the dealer.
               (5)   If the dealer is in possession of the vehicle under a
                     consignment agreement --
                       (a) the dealer shall inform the inspecting officer of
                             the name and address of the consignor; and
25                     (b) the inspecting officer shall give the order or
                             cause it to be given to the consignor.
               (6)   The day specified in an order under subsection (2) may
                     be extended to a later day, once or more than once, if
                     there are reasonable grounds for doing so.
30             (7)   An order under subsection (2) and the corresponding
                     notice under subsection (3) may be amended or


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            cancelled so far as is necessary to correct any error or
            irregularity.
      (8)   The powers in subsections (6) and (7) may be exercised
            by persons or classes of persons designated by the
5           Commissioner, but an inspecting officer is not eligible
            to be so designated.
      (9)   Subject to subsection (7), an order under subsection (2)
            remains in force until the conditions provided for by
            either of the following paragraphs are met --
10             (a) the number plates are returned to the nearest
                     licensing or registering authority --
                        (i) as required by the order and the
                             provisions of section 28A; or
                       (ii) under section 29(3);
15            (b) the vehicle has been examined by an inspecting
                     officer and the officer --
                        (i) is satisfied that each defect specified in
                             the order has been remedied; and
                       (ii) cancels the order and removes the notice
20                           attached to the vehicle under
                             subsection (3).
     (10)   An inspecting officer examining a vehicle as
            mentioned in subsection (9)(b) may make a further
            order under subsection (2) in respect of the vehicle if
25          he is of the opinion that the vehicle or its equipment is
            defective.
     (11)   The owner of a vehicle in respect of which an order is
            made under subsection (2) shall comply with the order.
            Penalty: $2 000.
30   (12)   A person shall not wilfully remove, damage or
            obliterate a notice attached to a vehicle under
            subsection (3).
            Penalty: $2 000.

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               (13)   In this section --
                      "consignment agreement" has the same meaning as it
                           has in section 32A;
                      "defective", in relation to a vehicle, means that it
5                          requires work to be done to it, or other attention, to
                           make it comply with any requirement of a written
                           law that applies to the vehicle or its equipment;
                           and "defect" has a corresponding meaning;
                      "inspecting officer" means a member of the Police
10                         Force or an authorised officer;
                      "owner" means --
                           (a) the dealer at whose authorised premises the
                                 vehicle is being examined or tested, if he is
                                 the trade owner of the vehicle; or
15                         (b) if the dealer is in possession of the vehicle
                                 under a consignment agreement, the
                                 consignor under that agreement.

             28A.     Return of number plates
                (1)   The owner of a vehicle who elects to return the number
20                    plates relating to the vehicle as mentioned in
                      section 28(2)(b)(ii) shall send or deliver to the nearest
                      licensing or registering authority --
                         (a) the number plates; and
                        (b) a duly completed notice in the approved form.
25              (2)   The owner of a vehicle, by taking the action specified
                      in subsection (1), surrenders any licence for the vehicle
                      issued under the Road Traffic Act 1974.
                                                                                    ".




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     66.             Section 29 amended
           (1)       Section 29(1) is amended by deleting the passage from and
                     including "of which the sale" to the end of the subsection and
                     inserting instead --
5                    "     in respect of which an order is in force under section 28.     ".
           (2)       Section 29(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)     A person shall not, by a representation that a
10                           second-hand vehicle is being acquired for the purpose
                             of being broken up, induce another to sell the vehicle if
                             the sale would, but for that representation, be
                             prohibited by subsection (1).
                                                                                          ".




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     Part 6         Consequential amendments

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                   Part 6 -- Consequential amendments
     67.       Chattel Securities Act 1987 amended
               The Chattel Securities Act 1987* is amended in section 7(2) by
               deleting the passage from "the security interest from" to the end
5              of the subsection and inserting instead --
               "
                   the security interest from --
                         (a) a motor vehicle dealer licensed; or
                        (b) a car market operator registered,
10                 under the Motor Vehicle Dealers Act 1973, the security
                   interest of the secured party is extinguished.
                                                                              ".
               [*Act No. 101 of 1987.
                 For subsequent amendments see 1999 Index to Legislation of
15               Western Australia, Table 1, p. 34.]

     68.       Pawnbrokers and Second-hand Dealers Act 1994 amended
               The Pawnbrokers and Second-hand Dealers Act 1994* is
               amended by deleting section 4(1)(c) and inserting instead --
                    "
20                      (c)   a holder of an authorisation under the Motor
                              Vehicle Dealers Act 1973 who is acting in
                              accordance with the authorisation.
                                                                              ".
               [*Act No. 88 of 1994.
25               For subsequent amendments see 1999 Index to Legislation of
                 Western Australia, Table 1, p. 183.]




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                                              Transitional provisions      Part 7

                                                                               s. 69



                       Part 7 -- Transitional provisions
     69.         Definition
                 In this Part --
                 "the principal Act" means the Motor Vehicle Dealers
5                    Act 1973.

     70.         Licence applications in progress
           (1)   If, before the commencement of section 6, 7 or 8 of this Act, an
                 application for the grant or renewal of a dealer's licence, yard
                 manager's licence or salesman's licence --
10                  (a) has been made; but
                   (b) has not been determined,
                 the application is to be determined as if Part 2 of this Act had
                 not been enacted.
           (2)   If, before the commencement of section 10 of this Act, an
15               application --
                    (a) has been made by a person, by persons constituting a
                         firm or by a body corporate for the grant or renewal of a
                         car market operator's licence; but
                   (b) has not been determined,
20               the application is to be taken to be an application by the person,
                 persons or body corporate to be registered as a car market
                 operator under section 17B of the principal Act as in force after
                 the commencement of section 10.

     71.         Existing dealer's licence
25         (1)   This section applies where a person, persons constituting a firm,
                 or a body corporate held a dealer's licence under the principal
                 Act ("the existing licence") immediately before the
                 commencement of section 6 of this Act.


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           (2)   The person, the persons constituting the firm, or the body
                 corporate is or are to be taken on that commencement to hold a
                 dealer's licence for each class or description of business
                 prescribed by regulations referred to in section 5A of the
5                principal Act.
           (3)   Subject to the principal Act, the licence referred to in
                 subsection (2) continues in force --
                   (a) until the expiry of the period stated in the existing
                         licence; and
10                 (b) on the same terms and conditions as applied to that
                         licence.

     72.         Existing car market operator's licence
           (1)   This section applies where a person, persons constituting a firm,
                 or a body corporate held a car market operator's licence under
15               the principal Act immediately before the commencement of
                 section 10 of this Act.
           (2)   The person, the persons constituting the firm, or the body
                 corporate is or are to be taken on that commencement --
                   (a) to be registered as a car market operator under
20                      section 17B of the principal Act; and
                   (b) subject to the principal Act, to be so registered until the
                        expiry of the period stated in the licence.

     73.         Premises covered by existing certificate of registration
           (1)   Where immediately before the commencement of section 16 of
25               this Act a certificate of registration is in force under section 21
                 of the principal Act in respect of premises at which a dealer
                 carries on business, the premises are to be taken after that
                 commencement to be authorised premises under the principal
                 Act in relation to that dealer.
30         (2)   Where immediately before the commencement of section 17 of
                 this Act a certificate of registration is in force under section 21B

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                 of the principal Act in respect of premises that are provided for
                 a car market by a car market operator, the premises are to be
                 taken after that commencement to be authorised premises under
                 the principal Act in relation to that car market operator.

5    74.         Existing grounds for disciplinary action
                 The powers of the Board under section 20(1) of the principal
                 Act inserted by section 16 of this Act may be exercised in
                 relation to acts, omissions and conduct that occurred before or
                 after the commencement of section 16.

10   75.         Time limit for prosecution of existing offences
                 Section 52(4) of the principal Act applies to an offence
                 committed before the commencement of subsection (2) of
                 section 48 of this Act as if that subsection had not been passed.

     76.         Application of Part III, Division 2
15               Division 2 inserted in Part III of the principal Act by section 54
                 of this Act does not apply to a consignment agreement (as
                 defined in section 32A of the principal Act) that was entered
                 into before the commencement of section 54.

     77.         Dealer's obligation to repair
20         (1)   Sections 34 to 34G inserted in the principal Act by section 56 of
                 this Act do not apply to a second-hand vehicle that was sold
                 before the commencement of section 56.
           (2)   Section 34 of the principal Act repealed by section 56 of this
                 Act continues to apply, despite the repeal, to second-hand
25               vehicles sold by a dealer before the commencement of
                 section 56.

     78.         Application of section 42A
                 Section 42A of the principal Act inserted by section 60 of this
                 Act does not apply to a contract or agreement for the sale of a

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                 vehicle that was entered into before the commencement of
                 section 60.

     79.         Further transitional provision may be made
           (1)   The Governor may make regulations --
5                 (a) amending or supplementing the transitional provisions
                       made by this Part; or
                  (b) making further transitional provisions,
                 for the purpose of providing an effective and efficient transition
                 from the principal Act as in force before the commencement of
10               any provision of this Act to the principal Act as amended by this
                 Act.
           (2)   Regulations under subsection (1) may have effect before the day
                 on which they are published in the Gazette.
           (3)   To the extent that a regulation under subsection (1) has effect
15               before the day of its publication in the Gazette, it does not --
                   (a) affect in a manner prejudicial to any person the rights of
                         that person existing before the day of its publication; or
                   (b) impose liabilities on any person in respect of anything
                         done or omitted to be done before the day of its
20                       publication.




     page 70
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        WESTERN AUSTRALIA




MOTOR VEHICLE
  DEALERS
 AMENDMENT
   BILL 2000


    DRAFT BILL FOR PUBLIC COMMENT

The Government proposes to introduce into Parliament
 a Bill to amend the Motor Vehicle Dealers Act 1973

This draft Bill has been prepared for public comment
         but it does not necessarily represent

 


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