Motor Vehicle Dealers Act 1973 (WA)

Western Australia Motor Vehicle Dealers Act 1973 Western Australia Motor Vehicle Dealers Act 1973 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 5. Terms used 2 5A. Classes of business and categories of licence 8 5B. Some persons taken to be dealers 8 6. Investigation powers 10 Part II — Licensing, registration, powers and offences Division 2 — Licensing and registration 15. Vehicle dealer's licence, application for and grant of 11 16. Yard manager's licence, application for and grant of 14 17. Salesperson's licence, application for and grant of 14 17B. Car market operator, registration as 15 17C. Power to refuse registration under s. 17B or renewal of registration 16 17D. Person cannot be both registered car market operator and licensee 17 18. Grounds for refusing to grant or renew authorisation 17 18A. Conditions etc. on licences 18 19. Duration and renewal of authorisations 19 19A. Surrender of authorisation 20 20. Allegations Commissioner may make to SAT 21 20A. Orders SAT may make on s. 20(1) allegation 22 20B. Limitations on s. 20A(4) powers 23 20BA. Orders SAT may make on s. 20(2) or (3) allegation 24 20C. SAT may suspend authorisation in some cases 24 20D. Disqualified persons, offences as to 25 20E. Dealer's licence, applications for to specify premises etc. 25 20FA. Authorisation of premises does not affect planning laws 26 20F. Changes in authorised premises 26 20G. Certificate for dealer's authorised premises, issue and display of 26 20H. Special occasions, permits for 27 21. Dealer's premises and advertisements to show name and number 27 21A. Car market operator registration, application for to specify premises etc. 28 21BA. Authorisation of premises does not affect planning laws 29 21B. Changes in authorised premises 29 21C. Certificate for car market operator's premises, issue and display of 29 21D. Car market operator's premises and advertisements to show name and number 30 22. Review of certain decisions by SAT, applying for 30 22A. Licence or certificate of registration to be returned if cancelled etc. 31 23. Changes to particulars on licence or registration, Commissioner to be notified etc. 32 24. Register of authorisations etc.; evidentiary provisions 33 Division 3 — Record‑keeping and notification of authorities 25. Register to be kept by licence holders etc. 34 26. Transactions in second‑hand vehicles, vehicle licensing authority to be notified of 36 Division 4 — Powers to inspect vehicles and order remedial work 27. Second‑hand vehicles, powers of police etc. to inspect etc., where to be kept by dealers etc. 37 28. Defects in second‑hand vehicle, powers of police etc. to order remediation of 38 28A. Number plates, how to be returned under s. 28(2)(b)(ii) 41 29. Unroadworthy vehicles, restrictions on sale of 41 Division 5 — Offences: unlicensed dealing etc. 30. Unlicensed dealing etc., offences as to 42 31. Exemptions from this Act, powers to grant 43 31A. Yard managers must be licensed, offence 44 31B. Salespersons must be licensed, offence 45 31C. Unlicensed person not to be employed 45 31D. Car market operators must be registered and premises authorised, offence 45 Part III — Dealings in second‑hand vehicles Division 1 — Preliminary 32. Application of this Part 47 Division 2 — Sales on consignment 32A. Terms used 48 32B. Consignment agreements, requirements for 49 32C. Dealer selling on consignment to have trust account 49 32D. Payments to trust account 49 32E. Withdrawals from trust account 50 32F. Financial institutions, liabilities and rights in relation to trust accounts 51 32G. Payment to consignor 52 32H. Dealers to keep accounts etc. 52 32I. Audit of trust accounts 53 32J. Special audit of trust account, Commissioner may order 53 32K. Restraining banks etc. from dealing with dealer's account, SAT's powers as to 54 32L. Deceased dealer, SAT may restrain use of trust account of etc. 55 32M. Discharging or varying orders under s. 32K or 32L 56 32N. SAT's additional powers as to s. 32K, 32L and 32M orders; schemes for distributing funds 56 32O. Service of s. 32K, 32L, 32M or 32N orders 57 32P. Regulations about trust accounts 58 Division 3 — Obligation to display particulars of vehicle 33. Particulars of second-hand vehicles, notice of to be displayed on etc. 60 Division 4 — Obligation to repair certain defects 34. Dealer's duty to repair certain defects in sold vehicles 62 34A. Vehicles covered by obligation to repair 63 34B. Defects for which dealer responsible 64 34C. Period after sale during which dealer responsible for defects in vehicles other than motor cycles 64 34D. Period after sale during which dealer responsible for defects in motor cycles 65 34E. Certain periods excluded for s. 34C and 34D 65 34F. Age of vehicle, how reckoned for s. 34A and 34C 66 34G. Excluding vehicles from this Division, Minister's powers for 67 35. Excluded defects 67 Division 5 — Disputes 36. Certain disputes between purchasers and dealers, Commissioner may intervene in 68 37. Disputes, Commissioner's powers to determine etc. 68 37A. Enforcing s. 37 orders 70 37B. Determinations under s. 37, effect and review of 72 38. Dispute may be dealt with by Magistrates Court 72 Part IIIA — Obligations of car market operators 40A. Car market operator liable for certain losses 74 40B. Title of and defects in second-hand vehicle, notice about to be displayed on 75 Part IV — Miscellaneous 41. Undesirable practices, offence to carry out 77 41A. Rescission of sale, Magistrates Court may order on Commissioner's application 77 41B. Demonstration vehicles, application of Act's obligations to 79 42. Representation by employee of dealer, effect of 80 42A. Contracts etc. for sale of vehicles by dealer, form and content of 80 43. Value of vehicle or thing traded in 81 44. Documents tendered for signature to be complete 81 45. Acts with intent to deceive, offences as to 82 46. Implied conditions in some contracts etc. for sale 84 47. Other rights or remedies not affected by this Act 85 48. Rights conferred by this Act cannot be waived without official consent 85 49. No indemnity for dealer 85 49A. No indemnity for car market operator 86 50. Confidentiality of information officially obtained 86 51. Annual reports of Department, content of 86 52. Offences, limitation period for and court's powers as to 87 53. Yard manager's liability for offences under s. 28 and 31B by others 87 54. Dealer's liability for offences by employees etc. 88 55. Offences by corporations 89 55A. Infringement notices 89 56. Regulations 91 Part V — Miscellaneous transitional matters 57. Terms used 93 58. Former Board abolished 93 59. References to former Board 93 60. Immunity continues 94 61. Unfinished investigations by former Board 94 62. Unfinished proceedings by former Board 94 63. Winding‑up by former Board 95 64. Final report by former Board 95 65. Regulations about transitional matters 96 Notes Compilation table 98 Uncommenced provisions table 102 Other notes 102 Defined terms Western Australia Motor Vehicle Dealers Act 1973 An Act — • to regulate dealing in motor vehicles; and • for related purposes. [Long title amended: No. 73 of 2003 s. 4; No. 58 of 2010 s. 33.]