Motor Dealers and Repairers Act 2013 No 107

Currency

As amended to Fair Trading Legislation Amendment (Reform) Act 2018 (No 65). Sch 2.9[1]–[5] commenced 28 February 2019; Sch 7.10 commenced 31 October 2018. Current to 5 March 2019.

Jurisdiction

Section 156(2): Proceedings for an offence under the Act or regulations may be dealt with summarily before the Local Court or before the Supreme Court in its summary jurisdiction.

Section 156(3): The maximum monetary penalty that the Local Court may impose in respect of the offence is 100 pu or the maximum monetary penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.

Time for commencement

Section 156(4), (5): Proceedings for an offence against the Act or regulations must be commenced not later than 1 year after the time when the offence is alleged to have been committed. In the case of an offence under Div 1 Pt 2 or ss  52, 53 or 54 may be commenced at any time within 3 years after the time when the offence is alleged to have been committed.

Additional orders after findings of guilt

Section 157: Following a finding of guilt, the court may:

(a) 

make a finding or determination relating to an act or omission of the person found guilty

(b) 

order compensation

(c) 

order the carrying out of any work

(d) 

make ancillary orders to any such orders.

Liability of directors

Section 159, 160: The maximum penalty for an “executive liability offence” (which is an offence under ss 12, 15(1), 16(1)) or a “corporate offence” is the same maximum penalty as if committed by an individual.

Rescission orders

Sections 116, 117, 118: Local Courts may make a “rescission order” in relation to the sale of a motor vehicle if the cash price does not exceed the jurisdictional limit of the court sitting in its General Division: s 116. The grounds for such an order are set out in subs (3) of s 117(3). Section 118 provides that if a motor dealer is found guilty of an offence under Pt 4 (Obligations relating to the sale, recycling and repair of motor vehicles) a rescission order may be made in addition to any other penalty imposed.

SECTION DESCRIPTION PENALTY (MAX)
11 Carry on/advertise as carrying on business of dealer without licence

1st off 100 pu*;

2nd off 100 pu* and/or 12 mths
[1st off 1000 pu;
2nd off 1000 pu and/or 12 mths]

12 Carry on/advertise as carrying on business of motor vehicle repairer without licence

1st off 100 pu*;

2nd off 100 pu* and/or 12 mths
[1st off 1000 pu;
2nd off 1000 pu and/or 12 mths]
[Executive liability offence]

13 Carry on/advertise as carrying on business of motor vehicle recycler without licence

1st off 100 pu*;

2nd off 100 pu* and/or 12 mths
[1st off 1000 pu;
2nd off 1000 pu and/or 12 mths]

15 Repair work carried out in the course of business for licensed repairers or insurers must be done by licensed motor vehicle repairers 20 pu
[Executive liability offence]
17 A person must not hold himself out to be the holder of a licence if not the holder of a licence 20 pu
19 Licence held at place of business must be produced to authorised officer on request 10 pu
47 A person disqualified under Div 2 Pt 3 from being involved in the direction, management or conduct of a business must not act contrary to the disqualification 20 pu
52 A person must not alter an odometer reading, remove or replace an odometer or render an odometer inoperative 100 pu*
[200 pu]
53 A person must not fit a device capable of rendering the odometer of a motor vehicle inoperative 100 pu*
[200 pu]
57, 58 A person must not sell a motor vehicle without a current inspection certificate or render an odometer inoperative 20 pu
65 Sell damaged motor vehicle without notifying purchaser of damage 20 pu
97, 98, 99 Offences by motor vehicle recyclers 20 pu
125 Failure to comply with an order restraining disposition of property 20 pu and/or 6 mths
155 Obstruction of authorised officers and police officers 20 pu
186 Regulations create offences punishable by penalties not exceeding 20 pu 20 pu
*

Maximum penalty in the Local Court: s 156(3).