Motor Vehicle Repairers Act 2003 (WA)

Western Australia Motor Vehicle Repairers Act 2003 Western Australia Motor Vehicle Repairers Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Limitation on imposition of penalties for offences 4 5. Repair work, prescription of 4 6. Exemptions 4 7. Powers of investigation 5 8. Authorised officers 5 Part 2 — Licensing of motor vehicle repair businesses Division 1 — Repair businesses to be licensed 9. Licensing requirement 6 10. Exceptions to section 9 6 11. Advertising 7 Division 2 — Application for and grant of business licence 12. Term used: sufficient resources 7 13. Application requirements 7 14. Notification of changes to information provided 8 15. Application by individual 8 16. Grant of business licence to individual 8 17. Application by firm 9 18. Grant of business licence to firm 9 19. Application by body corporate 10 20. Grant of business licence to body corporate 10 22. Business licence not to be granted if applicant or other person disqualified 11 23. Grounds for refusing a business licence 11 24. Form of business licence 12 25. Duplicate business licence 12 26. Business licence not transferable 12 Division 3 — Business licence conditions and requirements 27. Conditions may be imposed 12 28. Regulations may prescribe conditions and restrictions 13 29. Regulations may require licensees to be insured 14 Division 4 — Duration and renewal 30. Duration of business licence 14 31. Application for renewal of business licence 15 32. Grounds for refusing to renew business licence 15 Division 5 — Changes in firm and management of business 33. Loss of member etc., notice to be given 16 34. New member in licensed firm 17 35. New person in management of corporate member of licensed firm 17 36. New person in management of licensed body corporate 18 37. Business licence ceases if changes not approved 19 38. Offence to make management changes without applying for approval 20 Part 3 — Certification of individuals performing repair work Division 1 — Requirement for certification 39. Individuals carrying out repair work to hold certificate 21 40. Falsely holding out 22 Division 2 — Certification provisions 41. Application 22 42. Grant of repairer's certificate 23 43. Conditions may be attached 23 44. Provisional repairer's certificate 24 45. Form of certificate 25 46. Duration of certificate 25 47. Return of expired provisional certificate 26 48. Change of address to be notified by certificate holder 26 Part 4 — Provisions applicable to business licences and to certificates 49. False or misleading information 27 50. Registers 27 51. Inspection of register 28 52. Certification of matters in the register 28 53. Surrender of business licence or certificate 29 54. Certified copy of business licence or certificate 29 55. Production of business licence or certificate 29 Part 5 — Restrictions on use of premises by licensees 56. Terms used in this Part 31 57. Only authorised premises to be used 31 58. Business licence applications to specify premises 31 59. Authorisation of premises 31 60. Authorisation of premises does not affect planning laws 32 61. Changes in authorised premises 32 62. Revocation of authorisation of premises 32 63. Certificate relating to premises to be displayed 33 64. Return of certificate 33 Part 6 — Disciplinary powers 65. Application of Part 34 66. Commissioner may make allegations to SAT regarding disciplinary orders 34 68. Making of disciplinary orders under Schedule 1 35 69. Notification of a person's conviction 36 70. Cancellation of business licence on certain grounds 36 71. Return of business licence or certificate 37 72. Certain offences relating to disqualification 38 Part 7 — Reviews 73. Notice of decision to person affected 39 75. Reviews by State Administrative Tribunal of Commissioner's decisions and orders 40 76. Transitional 40 Part 8 — Conciliation of certain disputes 83. Terms used in this Part 41 84. Disputes to which this Part applies 41 85. Conciliation at request of owner 42 86. Conciliation function 42 87. Examination of vehicle 43 88. Offences relating to conciliation 43 Part 9 — Claims for losses in connection with repair work 89. Terms used in this Part 44 90. Motor Vehicle Repair Industry Compensation Account 44 91. Losses to which this Part applies 45 92. Claims for losses 46 93. How claim to be determined 47 94. No proceedings to be brought 48 95. Subrogation where claim allowed 48 96. Recovery from directors of body corporate 49 Part 10 — Miscellaneous Division 1 — Infringement notices 97. Terms used in this Division 51 98. Prescribed offences 51 99. Modified penalties 51 100. Giving of notice 51 101. Contents of notice 52 102. Extension of time 52 103. Withdrawal of notice 52 104. Benefit of paying modified penalty 53 105. No admission implied by payment 53 106. Application of penalties collected 53 Division 2 — General 107. Motor Vehicle Repair Industry Education and Research Account 53 108. Licensee to publicise licensing information 55 109. Prohibition of doing business with unlicensed repairers 55 110. Liability of directors and officers of body corporate 56 111. Confidentiality of information officially obtained 57 114. Regulations 57 Part 11 — Transitional provisions 120. Terms used 59 121. Unfinished proceedings by the former Board 59 122. Powers in relation to transitional matters 60 Schedule 1 — Disciplinary orders Schedule 2 — Further provisions in respect of disciplinary orders 1. Duration of orders 63 2. Limitation on monetary penalty 63 3. Recovery of penalties 63 Notes Compilation table 65 Other notes 66 Defined terms Western Australia Motor Vehicle Repairers Act 2003 An Act to provide for — • the licensing of persons whose business involves the carrying out of any prescribed class of motor vehicle repair work; • the carrying out of such repair work only by, or under the supervision of, individuals who are certified under this Act; • the payment of compensation for certain losses relating to motor vehicle repair work, and for related purposes. [Long title amended: No. 58 of 2010 s. 52.]