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


MOTOR VEHICLE REPAIRERS AND DEALERS LEGISLATION AMENDMENT BILL 2021

                    Western Australia


     Motor Vehicle Repairers and Dealers
      Legislation Amendment Bill 2021

                        Contents

        Part 1 -- Preliminary
1.      Short title                         2
2.      Commencement                        2
        Part 2 -- Motor Vehicle Repairers
             Act 2003 amended
3.      Act amended                         3
4.      Section 31 amended                  3
        Part 3 -- Motor Vehicle Dealers
             Act 1973 amended
5.      Act amended                         5
6.      Section 19 amended                  5




                             40--1          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


        Motor Vehicle Repairers and Dealers
         Legislation Amendment Bill 2021

                               A Bill for


An Act to amend --
•  the Motor Vehicle Repairers Act 2003; and
•  the Motor Vehicle Dealers Act 1973.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Motor Vehicle Repairers and Dealers Legislation Amendment Bill 2021
    Part 1         Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Motor Vehicle Repairers and Dealers Legislation
4            Amendment Act 2021.

5   2.       Commencement
6            This Act comes into operation as follows --
7             (a) Part 1 -- on the day on which this Act receives the
8                   Royal Assent;
9             (b) the rest of the Act -- on the day after that day.




    page 2
           Motor Vehicle Repairers and Dealers Legislation Amendment Bill 2021
                        Motor Vehicle Repairers Act 2003 amended        Part 2

                                                                                s. 3



1         Part 2 -- Motor Vehicle Repairers Act 2003 amended
2    3.         Act amended
3               This Part amends the Motor Vehicle Repairers Act 2003.

4    4.         Section 31 amended
5         (1)   Delete section 31(2) and insert:
6

7               (2)   An application for renewal must be made --
8                      (a) not more than 2 months before the day on
9                            which the business licence is due to expire as
10                           mentioned in section 30(2)(a) (the expiry day);
11                           and
12                     (b) not more than 28 days after the expiry day.
13

14        (2)   Delete section 31(3)(b) and insert:
15

16                     (b)   accompanied by --
17                             (i) the prescribed fee; and
18                            (ii) if the application is made on or after the
19                                 expiry day, the prescribed penalty for a
20                                 late application.
21

22        (3)   Delete section 31(4) and insert:
23

24              (4)   If the application has not been determined by the
25                    expiry day, the business licence --
26                      (a) continues to have effect on and from the expiry
27                             day until --
28                               (i) the Commissioner determines the
29                                    application; or


                                                                          page 3
    Motor Vehicle Repairers and Dealers Legislation Amendment Bill 2021
    Part 2         Motor Vehicle Repairers Act 2003 amended

    s. 4



1                           (ii) the licensee withdraws the application;
2                         and
3                   (b)   if renewed, is taken to have been renewed on
4                         and from the expiry day.
5




    page 4
           Motor Vehicle Repairers and Dealers Legislation Amendment Bill 2021
                         Motor Vehicle Dealers Act 1973 amended         Part 3

                                                                                s. 5



1         Part 3 -- Motor Vehicle Dealers Act 1973 amended
2    5.         Act amended
3               This Part amends the Motor Vehicle Dealers Act 1973.

4    6.         Section 19 amended
5         (1)   In section 19(3a):
6                 (a) delete "shall take" and insert:
7

8                       takes
9

10               (b)    delete "renewed or shall be taken for all purposes to
11                      have taken effect on the day immediately succeeding the
12                      day on which the previous authorisation expired, as the
13                      case requires." and insert:
14

15                      renewed.
16

17        (2)   In section 19(4) delete "Subject to subsection (3a), an
18              authorisation shall cease" and insert:
19

20              Except as provided in subsection (6), an authorisation ceases
21

22        (3)   After section 19(5) insert:
23

24              (6)    If an application for the renewal of an authorisation has
25                     not been determined by the date on which the
26                     authorisation expires (the expiry day), the
27                     authorisation --
28                       (a) continues to have effect on and from the expiry
29                             day until --


                                                                            page 5
    Motor Vehicle Repairers and Dealers Legislation Amendment Bill 2021
    Part 3         Motor Vehicle Dealers Act 1973 amended

    s. 6



1                           (i)   the Commissioner determines the
2                                 application; or
3                           (ii)  the holder withdraws the application;
4                         and
5                   (b)   if renewed, is taken to have been renewed on
6                         and from the expiry day.
7




 


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