Download Motor Car Traders (Amendment) Regulations 2006

Motor Car Traders (Amendment) Regulations 2006
S.R. No. 148/2006
TABLE OF PROVISIONS
Regulation
1.
2.
3.
4.
5.
6.
7.
Page
Objective
Authorising provision
Commencement
Dealings book
New regulation 28A inserted
28A. Statement verifying document to inspector
Amendment to Form 5 of Schedule 1
New Form 5A inserted in Schedule 1
1
1
1
2
4
4
4
5
Form 5A—Verified Statement
5
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ENDNOTES
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STATUTORY RULES 2006
S.R. No. 148/2006
Motor Car Traders Act 1986
Motor Car Traders (Amendment) Regulations 2006
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 24 October 2006
Responsible Minister:
MARSHA THOMSON
Minister for Consumer Affairs
RUTH LEACH
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Motor Car Traders Regulations 1998 to facilitate
the use of an electronic dealings book and to
simplify record keeping requirements and
evidentiary procedures.
2. Authorising provision
These Regulations are made under section 90 of
the Motor Car Traders Act 1986.
3. Commencement
These Regulations come into operation on
1 December 2006.
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4. Dealings book
(1) For regulation 9(3) of the Motor Car Traders
Regulations 19981 substitute—
"(3) For the purposes of section 35(8)(a)—
(a) a paper document identifies, in relation
to the motor car specified in that
document, the name and address of the
person from whom the motor car is
acquired—
(i) if the motor car is acquired from a
natural person, if it contains the
full name and residential address
of that person;
(ii) if the motor car is acquired from a
business, if it contains the name,
address of the principal place of
business and the Australian
Business Number of that business;
or
(b) if a used motor car is acquired at
auction, a paper document identifies, in
relation to the motor car specified in
that document, the name and address of
the auctioneer if it contains the name,
address of the principal place of
business and the Australian Business
Number of the auction business.".
(2) For regulation 9(4) of the Motor Car Traders
Regulations 1998 substitute—
'(4) For the purposes of sub-regulation (3), a
motor car is specified in a paper document if
it records—
(a) the registration number of the motor
car; or
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S.R. No. 148/2006
(b) the trader's stock number; or
(c) the vehicle identification number or
engine number of the motor car.
(5) For the purposes of section 35(8)(b), the
dealings book identifies a paper document in
relation to a transaction in the prescribed
manner if—
(a) the paper document records—
(i) the registration number of the
motor car; or
(ii) the trader's stock number; or
(iii) the vehicle identification number
or engine number of the motor
car; and
(b) that number is recorded in the dealings
book.
(6) For the purposes of sections 35(8)(a) and
35(9)(b), a paper document is signed as
prescribed—
(a) if the motor car is acquired from a
natural person, if it is signed by that
person;
(b) if the motor car is acquired from a
business, if it is signed by a person
authorised to sign on behalf of that
business;
(c) if the motor car is acquired at auction,
if it is signed by a person authorised to
sign on behalf of the auction business.
(7) In this regulation "auction business", in
relation to a used motor car, means the
business selling, or offering to sell, the motor
car by auction in the course of its business.'.
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5. New regulation 28A inserted
After regulation 28 of the Motor Car Traders
Regulations 1998 insert—
"28A. Statement verifying document to inspector
For the purposes of section 82AA(1B), a
prescribed statement verifying that a
document provided to an inspector is a true
record of the dealings book is to be in the
form set out in Form 5A.".
6. Amendment to Form 5 of Schedule 1
(1) In Form 5 of Schedule 1 to the Motor Car Traders
Regulations 1998, for—
"Name and address of person from whom vehicle acquired"
substitute—
"*Name and address of person from whom vehicle acquired
*Name and address of auction business from which vehicle
acquired or received".
(2) In Form 5 of Schedule 1 to the Motor Car Traders
Regulations 1998 for—
"Signature of person from whom vehicle was received"
substitute—
"*Signature of person from whom vehicle acquired
*Signature of person authorised to sign on behalf of the
auction business from which vehicle acquired or received
* (delete whichever is inapplicable)".
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7. New Form 5A inserted in Schedule 1
After Form 5 of Schedule 1 to the Motor Car
Traders Regulations 1998 insert—
"FORM 5A
Reg. 28A
Motor Car Traders Act 1986
VERIFIED STATEMENT
To: Inspector (specify Inspector's name):
I, (insert name) in relation to (insert name and
address of principal place of business/former
business), (insert licence number/former licence
number) verify that the document produced to you on
(insert date) in accordance with section 82AA of the
Motor Car Traders Act 1986 is a true record of the
dealings book as at the date of this statement.
Note: Section 82AA of the Act provides that an
inspector may require a licensed motor car
trader or a specified person to produce certain
documents and it is the person required to
produce those documents that must make the
verified statement. Section 82AA(2) defines a
"specified person" to mean, in relation to the
business of a licensed motor car trader—
(a) a person whose licence has been
surrendered or cancelled within the last
3 years; or
(b) a person who is a director or officer of a
corporation which is a licensed motor
car trader; or
(c) if the licence of a corporation has been
surrendered or cancelled within the last
3 years, a person who was a director or
officer of the corporation at the time the
licence was surrendered or cancelled; or
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(d) a person who under section 33 of the Act
is carrying on the business of a licensed
motor car trader.
__________________".
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ENDNOTES
1
Reg. 4(1): S.R. No. 56/1998. Reprint No. 2 as at 18 March 2004.
Reprinted to S.R. No. 125/2003. Further amended by S.R. Nos 88/2004
and 169/2004.
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Endnotes