Motor Dealers and Repairers Act 2013 (NSW)

Motor Dealers and Repairers Act 2013 No 107

An Act with respect to the licensing and conduct of motor dealers, motor vehicle repairers, motor vehicle recyclers and motor vehicle repair tradespersons; to repeal the Motor Dealers Act 1974 and the Motor Vehicle Repairs Act 1980; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Motor Dealers and Repairers Act 2013.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section. (2) Part 6 and clause 11 of Schedule 2 commence on the date of assent to this Act.

3 Objects of Act The objects of this Act are as follows— (a) to provide consumer protections and remedies for consumers who purchase motor vehicles from motor dealers or obtain motor vehicle repair services, (b) to establish appropriate standards of conduct and transparency for motor dealers, motor vehicle repairers and motor vehicle recyclers, (c) to provide enforcement mechanisms to prevent misleading or dishonest conduct and illegal dealings with motor vehicles and parts, (d) to provide protection for motor dealers against unfair contract dealings by motor vehicle manufacturers.

4 Definitions (1) In this Act— accessories means additional parts, or fittings, for the purpose of enhancing the comfort, appearance or performance of motor vehicles, including sound and internet devices, navigation devices, air conditioning units and spare wheels and tools usually carried on motor vehicles, but not including parts or fittings prescribed by the regulations for the purposes of this definition. approved means approved by the Secretary. authorised officer—see section 149. business day means a day that is not— (a) a Saturday or Sunday, or (b) a public holiday or bank holiday throughout the State. carrying on a business—see section 7. close associate—see section 8. Compensation Fund means the Motor Dealers and Repairers Compensation Fund established under section 165. credit contract has the same meaning as it has in the National Credit Code. criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence. current inspection report—see section 56. deal means buy, sell or exchange. dealer guarantee means the obligation imposed by section 68 (1). dealer's notice—see section 62. demonstrator motor vehicle—see section 61. disciplinary action—see section 45 (1). financier means a person (other than a person prescribed by the regulations for the purposes of this definition) who carries on the business of dealing in motor vehicles only in connection with any of the following— (a) the provision of credit (within the meaning of the National Credit Code), whether or not that Code applies to the provision of that credit, (b) the letting of motor vehicles to other persons for periods of 3 months or more without an option to purchase, (c) any other purpose prescribed by the regulations. function includes a power, authority or duty, and exercise a function includes perform a duty. inspection report for a motor vehicle means an inspection report for the motor vehicle issued in accordance with the requirements of Transport for NSW for vehicle registration purposes or a report prescribed by the regulations for the purposes of this definition. licence means the following— (a) a motor dealer's licence, (b) a motor vehicle repairer's licence, (c) a motor vehicle recycler's licence, (d) a tradesperson's certificate. licence holder means a person who is for the time being the holder of a licence. linked credit provider has the same meaning as it has in the National Credit Code. motor dealer—see section 5. motor dealer's licence means a motor dealer's licence in force under this Act. motor vehicle means a vehicle of the following kind that is built to be propelled by a motor that forms part of the vehicle, and includes a trailer— (a) any description of vehicle on wheels, other than a vehicle used on a railway or tramway or an aircraft, (b) any description of tracked vehicle, or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway.