(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: accessories includes car wirelesses, sound reproducing equipment, air conditioning units and spare wheels and tools usually carried on motor vehicles.authorised officer means:
(a) any member of the NSW Police Force, (b) an investigator appointed under section 18 of the , Fair Trading Act 1987 (c) the Director-General, (d) any person authorised in writing by the Director-General, including a person authorised under section 6 (1), or (e) any person authorised in writing by the Chief Executive of Roads and Maritime Services. auto-dismantler means a person who carries on the business of:
(a) demolishing or dismantling motor vehicles or parts or accessories of motor vehicles, or (b) buying motor vehicles and substantially demolished or substantially dismantled motor vehicles and selling substantially demolished or substantially dismantled motor vehicles (whether or not the person also sells parts or accessories of motor vehicles), or (c) buying and selling prescribed kinds of parts or accessories of motor vehicles. auto-dismantler’s licence means an auto-dismantler’s licence granted under section 12.buy means buy as principal or agent.car market operator means a person who carries on the business of providing a site for a market for the sale by other persons of second-hand motor vehicles, whether or not that site is used for any other purpose.car market operator’s licence means a car market operator’s licence granted under section 12.cash price :
(a) in relation to a motor vehicle offered or displayed for sale, means the price at which the vendor is willing to sell the vehicle for cash complete with all accessories then fitted to or supplied with the vehicle, and (b) in relation to the sale of a motor vehicle:
(i) means the price at which the vehicle is sold, (ii) where any part of the consideration that passed, or is to pass, from the purchaser is represented by another vehicle, or other thing, means the price at which the vehicle is sold and the value of the other vehicle or thing as ascribed to it for the purposes of the sale by the parties thereto or, if no agreed value is so ascribed, the market value of the other vehicle or thing at the time of the sale, or (iii) where all of the consideration that passed, or is to pass, from the purchaser is represented by another vehicle, or other thing, means the value of the other vehicle or thing as ascribed to it for the purposes of the sale by the parties thereto or, if no agreed value is so ascribed, the market value of the other vehicle or thing at the time of the sale, less any amount paid, or to be paid, by the vendor to the purchaser in connection with the sale. commercial vehicle means a motor vehicle constructed or adapted principally for:
(a) the carriage of goods, (b) the carriage of 10 or more adult persons, or (c) industrial or agricultural use, and includes a motor vehicle prescribed to be a commercial vehicle for the purposes of this definition and a motor vehicle of a class or description of motor vehicles prescribed to be commercial vehicles for the purposes of this definition, but does not include:
(d) a motor vehicle of the kind known as a utility, a station waggon or a panel van that is of the same make as a factory-produced motor car and in which such part of the body form as is forward of the windscreen and the greater part of the mechanical equipment are the same, or substantially the same, as in that motor car, (e) a motor vehicle that is adapted for camping use, or (f) a motor vehicle prescribed not to be a commercial vehicle for the purposes of this definition or a motor vehicle of a class or description of motor vehicles prescribed not to be commercial vehicles for the purposes of this definition. criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the. Crimes (Criminal Organisations Control) Act 2012 dealer means a person who carries on the business of buying, selling or exchanging motor vehicles, but does not include a financier.dealer’s licence means a dealer’s licence granted under section 12.defect notice , in relation to a motor vehicle, means a notice in or to the effect of the prescribed form given, following an inspection of the motor vehicle, by:
(a) except as provided by paragraph (c), in the case of a motor vehicle (other than a motor cycle)—the holder of a licence, or a tradesperson’s certificate, granted under the in respect of a class of repair work that comprises or includes the work of a motor mechanic, Motor Vehicle Repairs Act 1980 (b) except as provided by paragraph (c), in the case of a motor cycle:
(i) a person referred to in paragraph (a), or (ii) the holder of a licence, or a tradesperson’s certificate, granted under the in respect of a class of repair work that comprises or includes the work of a motor cycle mechanic, or Motor Vehicle Repairs Act 1980 (c) in the case of a prescribed defect or a defect of a prescribed class or description—a prescribed person or a person of a prescribed class or description, which specifies with reasonable particularity:
(d) each defect (if any) actually found to be present in the vehicle at the time of inspection by the person giving the notice, and (e) in relation to each such defect, the estimate of the person giving the notice of the fair cost of repairing or making good the defect. demonstrator motor vehicle means a motor vehicle:
(a) that has not been sold to a person other than a dealer or wholesaler, (b) that has been registered only in the name of any one or more of the following persons:
(i) any dealer or wholesaler or any person on behalf of any dealer or wholesaler, (ii) any person in anticipation of the sale of the vehicle to that person, and (c) that has not been used for any purpose, other than:
(i) a purpose in connection with its manufacture or sale, or (ii) the purpose of demonstrating the motor vehicle to a potential buyer of that motor vehicle or a motor vehicle of the class to which that motor vehicle belongs. Director-General means the Director-General of the Department of Fair Trading.District Court means the District Court of New South Wales.exempted motor vehicle , when used in relation to any provision of this Act, means a motor vehicle or a motor vehicle belonging to a class of motor vehicles exempted or excluded from the operation of that provision by an order in force under section 8, including an order that is varied under that section.exempted person , when used in relation to any provision of this Act, means a person or a person belonging to a class of persons exempted or excluded from the operation of that provision by an order in force under section 8, including an order that is varied under that section.financier means a person whose ordinary business is not that of buying, selling or exchanging motor vehicles but who carries on that business only for one or more of the following purposes, that is to say:
(a) for the purpose of letting or hiring motor vehicles under hire-purchase agreements, (b) for the purpose of selling motor vehicles on instalment terms, (c) for the purpose of taking or enforcing securities over motor vehicles, (d) for any purpose that may be prescribed, or (e) for the purpose of disposing of motor vehicles acquired by the person in connection with any of the purposes referred to in, or prescribed in relation to, this definition, but does not include such person or class of person as may be prescribed for the purposes of this definition. hire-purchase agreement means, in relation to a motor vehicle, an agreement for the letting of the motor vehicle with an option to purchase and includes a contract or an agreement prescribed to be a hire-purchase agreement for the purposes of this definition or a contract or an agreement of a class or description of contracts or agreements prescribed to be hire-purchase agreements for the purposes of this definition.holder , in relation to a licence, means the person to whom the licence is granted.identification number , when used in relation to the engine or engine block of a motor vehicle or to any part or accessory of a motor vehicle, means the number and any accompanying letters or symbols stamped on or otherwise affixed to that engine, engine block, part or accessory as a means of identifying that engine, engine block, part or accessory, but does not include any casting number or any number used as a means of identifying a class of engine, engine block, part or accessory.inspection report means:
(a) where no report is prescribed for the purposes of paragraph (b), an inspection report issued in accordance with the regulations made under the , or Road Transport (Vehicle Registration) Act 1997 (b) a report prescribed for the purposes of this paragraph. licence means a dealer’s licence, an auto-dismantler’s licence, a wholesaler’s licence, a motor vehicle parts reconstructor’s licence, a car market operator’s licence, a motor vehicle consultant’s licence or a prescribed licence.model designation means, in relation to a motor vehicle of a particular model, any words, figures, letters or symbols applied by the manufacturer of that motor vehicle for the purpose, or apparent purpose, of identifying a motor vehicle of that model.motor vehicle means any motor car, motor carriage, motor cycle, tractor, or other vehicle propelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer (other than a trailer for the carriage of goods or animals which has, in the case of an unregistered trailer, a tare weight of 250 kilograms or less or, in the case of a registered trailer, a tare weight as stated in the certificate of registration of 250 kilograms or less), but does not include any vehicle used on a railway or tramway or any vessel or aircraft.motor vehicle consultant means a person who carries on the business of advising any person (not being the holder of a licence) who wishes to buy a motor vehicle of any description where or from whom the person who wishes to buy a motor vehicle can buy a motor vehicle of that description, whether or not that person also carries on the business of advising such a buyer of the suitability of a motor vehicle for any particular purpose.motor vehicle consultant’s licence means a motor vehicle consultant’s licence granted under section 12.motor vehicle parts reconstructor means a person who carries on the business of purchasing or otherwise acquiring for the purpose of selling or exchanging, or for the purpose of reconstructing and selling, or for the purpose of reconstructing and exchanging, such parts or accessories of motor vehicles as may be prescribed for the purposes of this definition.motor vehicle parts reconstructor’s licence means a motor vehicle parts reconstructor’s licence granted under section 12.motor vehicle sales person means a person who is engaged by the holder of a licence and who, for fee or reward, sells or exchanges motor vehicles.number-plate means a number-plate or registration plate issued under any law in force in New South Wales or any State, or a Territory, of the Commonwealth.owner , in relation to a motor vehicle, includes any person who is a joint owner, or part owner thereof and any person who has the possession and use thereof under or subject to a hire-purchase agreement, bill of sale or similar contract, but does not include any person in whom the property in the vehicle or any absolute or conditional right or licence to take possession of the motor vehicle is vested under or subject to a hire-purchase agreement, bill of sale or similar contract and who has not for the time being the possession and use thereof.prescribed business means a business belonging to a class of business prescribed under section 7 (a).prescribed licence means a licence prescribed under section 7 (b) and granted under section 12.record includes any book, account, document, paper and other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any manner or by any other means.registered means registered under the provisions of any Act or law, whether of the State or elsewhere, relating to the registration of motor vehicles.regulations means regulations made under this Act.second-hand motor cycle means a motor cycle that is a second-hand motor vehicle.second-hand motor vehicle includes a motor vehicle that has, at any time before being offered or displayed for sale, or sold, been registered, and includes a demonstrator motor vehicle.sell means to sell as principal or agent.Supreme Court means the Supreme Court of New South Wales.the Fund means the Motor Dealers Compensation Fund established under section 39 (1).trade owner means a dealer, a wholesaler or a financier.trading day , in relation to the holder of a licence, means a day on which the holder trades.trailer includes a caravan.Tribunal means the Consumer, Trader and Tenancy Tribunal established by the. Consumer, Trader and Tenancy Tribunal Act 2001 wholesaler means a person who carries on the business of buying motor vehicles from any person and selling those vehicles to, or exchanging those vehicles with, persons who are financiers or holders of licences (other than car market operators’ licences or motor vehicle consultants’ licences) and only those persons.wholesaler’s licence means a wholesaler’s licence granted under section 12.year of manufacture means, in relation to a motor vehicle, the year in which the vehicle was manufactured.(2) (3) For the purposes of this Act:
(a) where a dealer sells a motor vehicle to a financier in the expectation that the financier will sell that motor vehicle to a particular third person and the financier does so, the dealer shall be treated as having sold the motor vehicle to that third person, and (b) where a motor vehicle is made the subject of a hire-purchase agreement, it shall be treated as being sold to the hirer, and the sale shall be treated as made when the hire-purchase agreement is entered into.
(1) An application under this Act shall be made in or to the effect of a form approved by the Director-General.
(1) The Governor may, by order published in the Gazette, declare that the provisions of this Act, or such of those provisions as are specified in the order:
(a) do not have effect in relation to a specified person or to a specified class of persons, (b) have effect in relation to a specified person or to a specified class of persons to such extent as is specified, (c) do not have effect in relation to a specified motor vehicle or to a specified class of motor vehicles, (d) have effect in relation to a specified motor vehicle or to a specified class of motor vehicles to such extent as is specified, (e) do not have effect in relation to a specified activity or matter or to a specified class of activities or matters, (f) have effect in relation to a specified activity or matter or to a specified class of activities or matters to such extent as is specified, (g) do not have effect in relation to a specified activity or to a specified class of activities engaged in by a specified person or specified class of persons or in relation to specified associated matters, or (h) have effect in relation to a specified activity or to a specified class of activities engaged in by a specified person or specified class of persons, or in relation to specified associated matters, to such extent as is specified. Editorial note— For orders under this subsection, see the Historical notes at the end of this Act.
(1) A person (other than an exempted person) shall not:
(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a dealer unless the person is the holder of a dealer’s licence, (b) carry on, or advertise that the person carries on or is willing to carry on, the business of a dealer otherwise than in accordance with a dealer’s licence held by the person, or (c) carry on the business of a dealer at any place of business unless the person is the holder of a dealer’s licence granted in respect of that place of business. (2) A person (other than an exempted person) shall not:
(a) carry on, or advertise that the person carries on or is willing to carry on, the business of an auto-dismantler unless the person is the holder of a dealer’s licence or an auto-dismantler’s licence, (b) carry on, or advertise that the person carries on or is willing to carry on, the business of an auto-dismantler otherwise than in accordance with a dealer’s licence or an auto-dismantler’s licence held by the person, or (c) carry on the business of an auto-dismantler at any place of business unless the person is the holder of a dealer’s licence or an auto-dismantler’s licence granted in respect of that place of business. (3) A person (other than an exempted person) shall not:
(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a wholesaler unless the person is the holder of a dealer’s licence or a wholesaler’s licence, (b) carry on, or advertise that the person carries on or is willing to carry on, the business of a wholesaler otherwise than in accordance with a dealer’s licence or a wholesaler’s licence held by the person, or (c) carry on the business of a wholesaler at any place of business unless the person is the holder of a dealer’s licence or a wholesaler’s licence granted in respect of that place of business. (4) A person (other than an exempted person) shall not:
(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle parts reconstructor unless the person is the holder of a dealer’s licence or a motor vehicle parts reconstructor’s licence, (b) carry on, or advertise that the person carries on or is willing to carry on, the business of a motor vehicle parts reconstructor otherwise than in accordance with a dealer’s licence or a motor vehicle parts reconstructor’s licence held by the person, or (c) carry on the business of a motor vehicle parts reconstructor at any place of business unless the person is the holder of a dealer’s licence or a motor vehicle parts reconstructor’s licence granted in respect of that place of business. (5) A person (other than an exempted person) shall not:
(a) carry on, or advertise that the person carries on or is willing to carry on, the business of a car market operator unless the person is the holder of a car market operator’s licence, (b) carry on, or advertise that the person carries on or is willing to carry on, the business of a car market operator otherwise than in accordance with a car market operator’s licence held by the person, or (c) carry on the business of a car market operator at any place of business unless the person is the holder of a car market operator’s licence granted in respect of that place of business.
(1) The Director-General may grant the following licences for the purposes of this Act:
(a) dealers’ licences, (b) auto-dismantlers’ licences, (c) wholesalers’ licences, (d) motor vehicle parts reconstructors’ licences, (e) car market operators’ licences, (f) motor vehicle consultants’ licences, (g) prescribed dealers’ licences.
(1) Subject to subsections (2), (4), (5), (6) and (8), the Director-General shall grant an application for a licence. (2) An application for a licence made by a natural person shall be refused if it appears to the Director-General that:
(a) the applicant has not attained the age of 18 years, (b) the applicant is disqualified from holding a licence, (c) the applicant is an undischarged bankrupt, (d) the applicant does not have, or is not likely to continue to have, sufficient financial resources to enable the person to carry on business pursuant to the authority that would be conferred by the licence if it were granted, (e) the applicant is not a person likely to carry on such a business honestly and fairly, (f) the applicant does not have the prescribed qualifications or does not have sufficient knowledge or expertise to carry on such a business, (f1) the applicant is a controlled member of a declared organisation within the meaning of the , Crimes (Criminal Organisations Control) Act 2012 Note— Controlled members are prohibited from applying for licences—see section 27 of the . Crimes (Criminal Organisations Control) Act 2012 (g) the applicant is in any other way not a fit and proper person to be the holder of a licence, or (h) any person with whom the applicant intends to carry on, in partnership, business pursuant to the authority that would be conferred by the licence if it were granted is a person in respect of whom the Director-General would be required to refuse an application for the licence if that person were the applicant, or (i) the applicant has (as an adult), within the preceding 10 years, been found guilty of an offence involving, or relating to:
(i) stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the ), or Crimes Act 1900 (ii) receiving, or unlawful possession of, a motor vehicle (within the meaning of Division 5A of Part 4 of the ) or a motor vehicle part. Crimes Act 1900 (3) Without affecting the generality of subsection (2) (g), the Director-General may, in determining whether an applicant is not a fit and proper person to be the holder of a licence, have regard (if such be the case) to the fact that the applicant:
(a) has, during the period of 10 years that last preceded the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence in New South Wales or elsewhere involving fraud or dishonesty, (b) was, at the time of the making of the application, bound in relation to such an offence by a recognizance, (c) had, at the time of the making of the application, a charge pending against the applicant in relation to such an offence, or (d) has, at any time, been convicted of an offence against this Act or the regulations or any other enactment administered by the Minister. (3A) Without affecting the generality of subsection (2) (g), a person is not a fit and proper person to be the holder of a licence if the Director-General has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person that:
(a) the person is a member of, or regularly associates with one or more members of, a declared organisation within the meaning of the , and Crimes (Criminal Organisations Control) Act 2012 (b) the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted a licence. (4) An application for a licence made by a body corporate shall be refused if it appears to the Director-General that:
(a) a person concerned in the management of the body corporate has not attained the age of 18 years, (b) the body corporate is disqualified from holding a licence, (c) the body corporate does not have, or is not likely to continue to have, sufficient financial resources to enable it to carry on business pursuant to the authority that would be conferred by the licence if it were granted, (d) the body corporate is not likely to carry on such a business honestly and fairly, (e) the officers of the body corporate do not have the prescribed qualifications or do not have sufficient knowledge or expertise to carry on such a business, (e1) (f) the reputation of the body corporate is such that it would not be a fit and proper person to be the holder of a licence, (g) an officer of the body corporate is disqualified from being an officer of a body corporate that is the holder of a licence, (h) a director of, or a person concerned in the management of, the body corporate is not of good reputation or character or in any other way would not be a fit and proper person to be the holder of a licence if the director or person were to apply for the licence personally, (i) any person other than an officer of the body corporate who, in the opinion of the Director-General, appears to have control, or substantial control, of the body corporate is not of good reputation and character or is not likely to exercise that control honestly and fairly, or (j) any person with whom the applicant intends to carry on, in partnership, business pursuant to the authority that would be conferred by the licence if it were granted is a person in respect of whom the Director-General would be required to refuse an application for the licence if that person were the applicant, or (k) a director of, or person concerned in the management of, the body corporate has (as an adult), within the preceding 10 years, been found guilty of an offence involving, or relating to:
(i) stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the ), or Crimes Act 1900 (ii) receiving, or unlawful possession of, a motor vehicle (within the meaning of Division 5A of Part 4 of the ) or a motor vehicle part. Crimes Act 1900
(1) Where the Director-General would, but for the inability of the applicant for a licence to satisfy the Director-General as to the address of the place or places of business at which, or the name or names under which, the applicant intends to carry on business, grant the application for the licence, the Director-General may defer consideration of the application and grant the applicant an approval for the licence in such form as may be determined by the Director-General.
(1), (2)
(1) For the purposes of this Act, the Director-General shall keep a register of the holders of licences.
(1) Except during any period while it is suspended, a licence continues in force until, pursuant to the provisions of this Act, it is surrendered or cancelled or ceases to have effect.
(1) The holder of a licence shall, before the expiration of one month after each anniversary of the date on which the licence was granted, pay to the Director-General in respect of the year commencing on that anniversary the prescribed fee for the licence. (2) A person who is or was the holder of a licence during a year, or part of a year, commencing on the date, or on an anniversary of the date, on which the licence was granted to the person, shall lodge with the Director-General a statement in respect of that year or part that is in a form approved by the Director-General and is signed by or on behalf of the holder. (3) A statement referred to in subsection (2) shall be accompanied by such documents as may be prescribed. (4) The holder of a licence or other person required under subsection (2) to lodge a statement shall lodge the statement (together with any documents required to accompany the statement pursuant to subsection (3)) within one month after the end of the year in respect of which, or part of which, the statement is lodged. (5) The Director-General may, on the application of a person required to comply with subsection (1), or subsections (2) and (4), extend or further extend the time for compliance with the applicable subsection or subsections.
(1) Where, at any time, the Director-General is of the opinion that there are reasonable grounds for believing that:
(a) a licence may have been improperly obtained or, at the time a licence was granted, there may have been grounds for refusing to grant it, (b) the holder of a licence has been convicted of an offence against this Act or the regulations or any other enactment administered by the Minister, (b1) the holder of a licence has been convicted of an offence under section 22 (2) or (4) of the (Affixing of interstate number-plates on registrable vehicles in New South Wales), Road Transport (Vehicle Registration) Act 1997 (c) the holder of a licence may have failed to comply with this Act or the regulations, a condition or restriction to which the licence is subject or an order of the Tribunal applicable to the holder, (d) the holder of a licence has, within the period of 10 years that last preceded the grant of the licence, been found guilty of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more, (d1) the holder of a licence has (as an adult), within the preceding 10 years or the period of 10 years that last preceded the grant of the licence, been found guilty of:
(i) an offence involving, or relating to, stealing a motor vehicle (within the meaning of Division 5A of Part 4 of the ), or Crimes Act 1900 (ii) receiving, or being in unlawful possession of, a motor vehicle (within the meaning of Division 5A of Part 4 of the ) or a motor vehicle part, Crimes Act 1900 (d2) in the light of evidence acceptable to the Director-General, the holder of the licence is probably receiving or dealing in stolen goods, (e) the business to which a licence relates is being carried on in a dishonest or unfair manner, (f) if a person were not the holder of a licence, the Director-General would be required by section 12 (2), (3A) or (4) to refuse an application by the person for a licence, (g) in the case of a holder of a dealer’s licence (being a body corporate), the holder:
(i) is in the course of being wound up, (ii) is under official management, (iii) is a body corporate in respect of which a receiver or manager has been appointed, or (iv) has entered into a compromise or scheme of arrangement with its creditors, or may, for any other reason, be unable, or is likely to become unable, to meet the holder’s liabilities, (h) the holder of the licence has, for a period of 1 month or more, ceased to carry on the business to which the licence relates at a place of business to which the licence relates, (i) the holder of the licence is contravening another Act or an instrument made under another Act by carrying on the business to which the licence relates at a place of business to which the licence relates, or (j) the holder of a licence is, for any other reason, not a fit and proper person to continue to hold a licence, the Director-General may, by notice in writing served on the holder of the licence, call upon the holder to show cause, within such period, being not less than 14 days, as is specified in the notice, why the holder should not, for the reasons specified in the notice, be dealt with in accordance with this Division. (1A) By way of example of the operation of subsection (1) (d2), the Director-General may consider that the holder of a licence in whose custody stolen goods are found is probably receiving or dealing in stolen goods.
(1) If, after compliance with section 20D, the Director-General is satisfied that any matter referred to in section 20D (1) has been established, the Director-General may do any one or more of the following:
(a) reprimand the holder of the licence, (b) require the holder of the licence to comply within a specified time with a requirement specified by the Director-General, (c) suspend the licence for a period not exceeding 12 months, (d) disqualify the holder of the licence or any person concerned in the direction, management or conduct of the business to which the licence relates from holding a licence or from being concerned in the direction, management or conduct of a business for the carrying on of which a licence is required, either permanently or for such period as the Director-General thinks fit, (e) impose a condition or restriction to which the licence shall be subject, (f) cancel the licence. (1A) Without limiting the powers conferred by subsection (1), among the requirements that the Director-General may specify under subsection (1) (b) is a requirement that the holder of the licence concerned:
(a) make an additional contribution to the Fund of such amount as the Director-General specifies, or (b) indemnify the Fund to such extent as the Director-General specifies in the event of a particular contingency arising concerning the activities of the holder of the licence. (1B) Despite subsection (1), the Director-General must cancel the licence concerned if satisfied that:
(a) a matter referred to in section 20D (1) (d1) has been established, or (b) in the case of a licence holder that is a body corporate, if the body corporate were not the holder of a licence, the Director-General would be required by section 12 (4) (k) to refuse an application by the body corporate for a licence.
(1) Where a dealer executes a deed containing undertakings as referred to in section 20J (1) (a), the Director-General shall:
(a) lodge a copy of the deed with the Registrar of the Tribunal, and (b) give a copy of the deed to the dealer who executed it.
(1) Where, on the application of the Director-General, the Tribunal is satisfied after inquiry that a dealer has repeatedly engaged in unjust conduct, the Tribunal may order the dealer to refrain from engaging in unjust conduct in the course of carrying on business and the dealer shall comply with the order.
(1) The holder of a licence must keep at a place of business in respect of which the licence is granted a register in the prescribed form. (2) If a person who holds a dealer’s licence also carries on under the authority of that licence the business of an auto-dismantler, a wholesaler, a motor vehicle parts reconstructor or a motor vehicle consultant or a prescribed business, the person must keep a register in respect of that business as well as a register in respect of the person’s business (if any) as a dealer. (2A) Despite subsections (1) and (2), a register may be kept at only one of the places of business in respect of which a licence is granted if the register is kept in a form that may be accessed at all places of business covered by the licence. (3) The holder of a dealer’s licence must enter in the register kept in respect of the business carried on under the authority of that licence:
(a) the prescribed particulars of every second-hand motor vehicle acquired in the course of carrying on that business, and (b) the prescribed particulars of the disposal of each such vehicle, and (c) where a vehicle referred to in paragraph (b) is disposed of by sale at an auction—the prescribed particulars of the purchaser of the vehicle.
(1) A register required to be kept pursuant to this Part may, at any time during which a place of business at which the register is required to be kept or to be able to be accessed is open for business, be inspected, and copies of all or any part of any entry in the register taken, by an authorised officer. (2) An authorised officer may, for the purposes of inspecting and of taking copies of all or any part of any entry in a register required to be kept pursuant to this Part, take and retain possession of the register if the authorised officer supplies the person who is required to keep the register with a blank duplicate register.
(1) The holder of a licence must not offer or display a motor vehicle for sale except at a place of business in respect of which the licence is granted.
(1) This section does not apply to or in relation to:
(a) the offering or displaying for sale, or sale, of an exempted motor vehicle, (b) the offering or displaying for sale, or sale, of a motor vehicle:
(i) by bona fide auction, (ii) to an exempted person, or (iii) to a trade owner, or (c) the offering or displaying for sale, or sale, of a substantially demolished or substantially dismantled motor vehicle by a vehicle-wrecker. (2) Where a dealer offers or displays for sale a second-hand motor vehicle (not being a second-hand motor cycle or demonstrator motor vehicle), the dealer shall attach, or cause to be attached, to the vehicle, in the prescribed manner, a notice, in the prescribed form, containing the prescribed particulars in relation to the vehicle. (3) A dealer shall not sell a second-hand motor vehicle (not being a second-hand motor cycle or demonstrator motor vehicle) unless, at or before the time of sale, the dealer and the purchaser sign the notice attached to the vehicle pursuant to subsection (2), or a copy of that notice, and the dealer delivers the notice or the copy, as the case may be, to the purchaser for retention by the purchaser. (4) In any proceedings against a dealer for failing to comply with the requirements of subsection (2), it shall be presumed, in the absence of proof to the contrary, that a second-hand motor vehicle (not being a second-hand motor cycle or demonstrator motor vehicle) found at a place of business in respect of which a dealer’s licence is granted is offered or displayed for sale unless:
(a) the vehicle has attached to it, in the prescribed manner, a notice, in the prescribed form, specifying that the vehicle is not for sale, and (b) the vehicle does not have any other notice attached to it, or any marking on it, that purports to be the price of the vehicle or that suggests that the vehicle is being offered or displayed for sale. (5) A dealer shall not sell a second-hand motor cycle unless, at or before the time of sale, the dealer and the purchaser sign a notice, in the prescribed form, containing the prescribed particulars in relation to the motor cycle and the dealer delivers the notice to the purchaser for retention by the purchaser.
(1) An auto-dismantler shall, as soon as practicable after the purchase or other acquisition by the auto-dismantler of:
(a) a motor vehicle proposed to be demolished or dismantled by the auto-dismantler, or (b) a substantially demolished or substantially dismantled motor vehicle, to which any number-plate is attached, surrender the number-plate to Roads and Maritime Services.
(1) Except as provided in this section and sections 28 and 29, where a motor vehicle of a description specified in Column 1 of Schedule 1 is sold by a dealer and before:
(a) the vehicle has been driven for the number of kilometres after being manufactured or so sold, as the case may be, specified opposite the description of the vehicle in Column 2 of Schedule 1, or (b) the expiration of the period, specified opposite the description of the vehicle in Column 3 of Schedule 1, after the vehicle is so sold, whichever first occurs, a defect appears or occurs in the vehicle, the dealer shall, whether or not the defect existed at the time of the sale, at the dealer’s own expense, repair or make good, or cause to be repaired or made good the defect so as to place the vehicle in a reasonable condition having regard to its age and the dealer’s obligation to do so shall be deemed to be a term of the contract of sale relating to the vehicle. (1A) For the purposes of subsection (1), a defect which occurs in a vehicle includes a defect:
(a) which existed in the vehicle at any time before the occurrence of an event referred to in paragraph (a) or (b) of that subsection, and (b) which first became apparent after the event occurred, but only if the defect is reported to the dealer within a reasonable period after it becomes apparent. (2) For the purposes of calculating the period referred to in subsection (1) (b), no regard shall be paid to any period during which the dealer has the motor vehicle in the dealer’s possession for the purpose or purported purpose of ascertaining or carrying out the dealer’s obligations under subsection (1). (3) The obligation of a dealer under subsection (1) in relation to a motor vehicle (not being a second-hand motor vehicle) sold by the dealer is extinguished if, subsequent to that sale, the dealer or another dealer acquires ownership of the vehicle, or the vehicle is repossessed by a financier.
(1) Section 27 (1) does not apply to or in relation to any defect:
(a) occurring in:
(i) a tyre or battery, (ii) a chain or sprocket on a motor cycle, or (iii) a prescribed accessory fitted to a motor vehicle, (b) arising from or incidental to any accidental damage to a motor vehicle that occurred after the sale, referred to in section 27 (1), of the vehicle, and when the vehicle was not in the possession of the dealer, (c) arising from misuse or negligence on the part of a driver of a motor vehicle, or arising from the use of a motor vehicle for motor racing or motor rallying, that occurred after the sale, referred to in section 27 (1), of the vehicle, or (d) appearing or occurring in an accessory that was not fitted to or supplied with a motor vehicle at the time of the sale, referred to in section 27 (1), of the vehicle. (2) In the case of a second-hand motor vehicle, section 27 (1) does not apply to or in relation to any superficial damage to the paint-work or upholstery of the vehicle which would have been apparent on a reasonable inspection of the vehicle carried out at the time of the sale, referred to in section 27 (1), of the vehicle.
(1) Where a dealer offers or displays for sale a second-hand motor vehicle (not being a second-hand motor cycle) the dealer may attach, or cause to be attached, to the vehicle, in the prescribed manner, a notice, in the prescribed form, which includes or, as may be required by the regulations, to which is attached a defect notice and shall, where any such notice is attached, or caused to be attached, to the vehicle, attach, or cause to be attached to the vehicle an inspection report issued in respect of the vehicle, being an inspection report issued:
(a) in any case where the offer or display for sale is in relation to an auction or proposed auction, not more than 1 month before the date of the auction or proposed auction, or (b) in any other case, not more than 1 month before the date on which the dealer first offered or first displayed the vehicle for sale, which states that the vehicle has been found to be roadworthy.
(1) Except as provided in subsection (4), if a person has incurred a loss in connection with the sale, made after the commencement of this section, of a motor vehicle at a place at which a car market operator was, at the time of the sale, carrying on business as a car market operator by reason of the fact that the vendor has not passed an unencumbered title to the vehicle, the person may sue for and recover the amount of the loss as a debt due to the person from the car market operator.
(1) This section applies to the purchase of a motor vehicle from a dealer where the purchaser obtains credit, for the purpose of financing the whole or part of the purchase, from the dealer or a person who is a linked credit provider (within the meaning of the as set out in Schedule 1 to the National Credit Code of the Commonwealth) of the dealer. National Consumer Credit Protection Act 2009 (2) This section does not apply to the following sales:
(a) a sale by a dealer to a trade owner, (b) a sale at an auction, (c) a sale by a dealer of a commercial vehicle, (d) a sale where credit is provided by a linked credit provider of the dealer but the provision of credit is not arranged or facilitated by the dealer. (3) A purchaser may, by written notice given to a dealer during the cooling off period after entering into a contract for the purchase of a motor vehicle from the dealer, terminate the contract. (4) Despite any other law, the purchaser is not entitled to possession of the motor vehicle during the cooling off period, unless the purchaser and the dealer otherwise agree.
(1) On termination of a contract under section 29CA, the dealer must:
(a) pay to the purchaser all money received by the dealer under the contract, less any amount that the purchaser is liable to pay under this section, and (b) return to the purchaser any motor vehicle given in consideration for the whole or part of the purchase price. (2) On termination of a contract under section 29CA, a purchaser who accepted delivery of the motor vehicle before the termination must return the motor vehicle to the dealer and is liable to the dealer for any damage to the motor vehicle while it was in the purchaser’s possession, other than fair wear and tear.
(1) A dealer shall not, without the prior written approval of the Director-General, withdraw an amount paid into a trust account under section 29E, except for the purpose of:
(a) paying an amount properly payable to the consignor in respect of the motor vehicle, (b) satisfying a debt properly due to the dealer from the consignor in respect of commission or other charges, or (c) paying an amount that is otherwise authorised by the regulations to be paid.
(1) In this section, a reference to a court of competent jurisdiction is, in relation to an order for rescission of the sale of a motor vehicle, a reference to:
(a) the Local Court in its exercise of jurisdiction under Part 3 of the if the cash price for which the motor vehicle was sold does not exceed the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007 , and Local Court Act 2007 (b) the District Court if the cash price for which the motor vehicle was sold does not exceed the amount for the time being specified in section 44 (1) (a) of the , and District Court Act 1973 (c) the Supreme Court. (2) Upon application being made by the Director-General, a court of competent jurisdiction may, if:
(a) an inspection report required under section 23B, a certificate, receipt or declaration required under section 23C or a notice required under section 24 to be attached to a motor vehicle was not attached at all material times when the vehicle was offered or displayed for sale by a dealer, (b) a notice required under section 24 to be delivered by a dealer to the purchaser of a motor vehicle was not delivered at or before the time of sale of the vehicle, (c) the prescribed particulars contained in a notice attached to a motor vehicle, or delivered to the purchaser of a motor vehicle, by a dealer under section 24 were, in the opinion of the court, false or misleading in a material particular, or (d) the body of, or mechanical equipment in, a motor vehicle sold by a dealer was, at the time it was sold by the dealer, in such a condition that, in the opinion of the court, it is not practicable to repair or make good the defects in the vehicle so as to place the vehicle in a reasonable condition having regard to its age, order that the sale be rescinded, the vehicle returned to the dealer and, subject to any order the court thinks fit to make by way of financial adjustment between the dealer and the purchaser, any consideration passed by the purchaser or the value of any such consideration assessed under subsection (5) returned to the purchaser, and make such further or consequential orders, including an order as to the payment of the costs of the application, as to the court seem necessary or desirable. (3) A court of competent jurisdiction shall not make an order under subsection (2) until the court has afforded the Director-General or a representative of the Director-General, and any other person likely to be affected by the order, an opportunity of being heard. (3A) Notwithstanding any Act or law to the contrary, it shall not be a bar to the making of an order under subsection (2) that such a period of time has elapsed since the date of sale of the motor vehicle or that such circumstances have occurred since that date that the parties under any contract or agreement relating to the sale or under any collateral credit agreement associated with the sale cannot be restored to the positions that existed prior to the sale. (3B) An appeal lies to the Supreme Court against an order made under subsection (2):
(a) by the Local Court as if it were exercising jurisdiction under Part 3 of the , and Local Court Act 2007 (b) by the District Court as if it were exercising jurisdiction under the . District Court Act 1973
(1) On the appointment of an administrator taking effect, the administrator shall:
(a) subject to and in accordance with any directions given to the administrator by the Supreme Court, administer the affairs of the holder of the licence or person in respect of whom the administrator was appointed until the appointment is terminated, and (b) subject to this Part, acquire or take into possession and administer all property to which that holder or person is or appears to be entitled. (2) If:
(a) the holder of a licence or person in respect of whom the administrator was appointed, on being required by the administrator to transfer or deliver to the administrator, or to permit the administrator to acquire or take possession of, any such property that is in the possession or at the disposal or under the control of the holder or person, does not comply with the requirement, or (b) it appears to the administrator that that holder or person, on being so required, has not fully complied with the requirement, the administrator may, in his or her own name or in the name of that holder or person, make an application to the Supreme Court for an order for the transfer or delivery to the administrator of that property, and, on the hearing of any such application, the Court may, subject to such conditions (if any) as it thinks fit to impose, make the order applied for. (3) If it appears to an administrator that an order made by the Supreme Court under subsection (2) is not complied with, the Court may, on the application of that administrator, by further order authorise a member of the NSW Police Force, or that administrator or some other person and a member of the NSW Police Force:
(a) to enter any premises or other place specified in the order, (b) to search for any property which the administrator is entitled to acquire or take into possession, and (c) to seize any such property and remove it to such place as the administrator thinks fit. (4) Any person who, without reasonable excuse (the burden of proof of which is on the person), obstructs, hinders or delays any member of the NSW Police Force, the administrator or other person in the exercise of a power conferred by an order made under subsection (3) is guilty of contempt of the Supreme Court and may be punished accordingly.
(1) Where an administrator has reasonable grounds for believing that there is in any account with a bank, building society or credit union money received for or on behalf of any person by the holder of a licence or person in respect of whom the administrator is appointed, the administrator may serve on the bank, building society or credit union a notice in writing, accompanied by a copy of the order appointing the administrator, prohibiting, otherwise than with the authority of the administrator, the withdrawal of money from, or any dealing (including the completion of any dealing commenced before the service of the notice) with, that account.
(1) On the application of an administrator, the Supreme Court may order any person (including the holder of the licence or person in respect of whom the administrator is appointed) to appear before the Court to be examined on oath with respect to any property that is being administered by the administrator or that the administrator is entitled to administer.
(1) For the purposes of this section, an administrator vacates office as such if the administrator:
(a) dies, (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration as administrator for their benefit, (c) becomes a mentally incapacitated person, (d) is convicted in New South Wales of an offence punishable by imprisonment for a term of 3 months or more, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, (e) has his or her appointment revoked by an order of the Supreme Court under subsection (2), or (f) has his or her appointment revoked by an order of the Supreme Court under subsection (6). (2) The Supreme Court may, on the application of an administrator or on the application of the Director-General, make an order revoking the appointment of the administrator. (3) Where, on making an order under subsection (2), the Supreme Court is of the opinion that the purpose for which the administrator was appointed has been fulfilled, the Court may, on its own motion or on the application of the applicant for that order, make a further order vesting in or transferring to the holder of the licence or person in respect of whom that administrator was appointed any property which that administrator holds in trust for that holder or person by virtue of section 38E (6). (4) Where an administrator has vacated office as referred to in subsection (1) (paragraph (f) excepted), the Supreme Court may, on the application of the Director-General and on being satisfied that the purpose for which that administrator was appointed has not yet been fulfilled, make an order appointing another person as administrator of the affairs and property of the holder of the licence or person in respect of whom the firstmentioned administrator was appointed.
(1) All amounts incurred by an administrator in the course of administration (including money payable to the administrator as remuneration for his or her services and the costs of bringing or defending or otherwise participating in legal proceedings in the course of and in connection with the administration) shall, to the extent that they have not otherwise been paid to the administrator or met under this Part, be paid to the administrator by the Director-General out of the Fund.
(1) The Director-General is to cause to be established and maintained in the accounting records of the Department of Fair Trading a fund, to be called the Motor Dealers Compensation Fund.
(1) Any person wishing to make a claim against the Fund shall submit the person’s claim in writing, verified by statutory declaration, to the Director-General. (2) Subject to this section, if the Director-General is satisfied that a person submitting a claim has incurred a loss in connection with a motor vehicle (not being an exempted motor vehicle):
(a) because of the failure of a dealer or car market operator to comply with any requirement under this Act or the regulations or of the failure of a dealer or car market operator to account, or (b) without limiting the generality of paragraph (a), by reason of the fact that a dealer has not passed an unencumbered title to the vehicle, or (c) without limiting the generality of paragraph (a), by reason of the failure of the dealer to repay or return to the person any money or thing applied by way of deposit on, or part-payment of the price of, the vehicle, or (d) because of a breach by a dealer or car market operator of a contract made by the person with the dealer or car market operator (being a breach of a kind prescribed by the regulations), the Director-General may certify the amount of the loss. (3) No loss shall be certified by the Director-General under subsection (2) if the loss was incurred in connection with a motor vehicle sold before 1 May 1975. (3A) Subject to this section, if the Director-General is satisfied that a person submitting a claim has incurred a loss for which a car market operator is liable under section 29A (1), the Director-General may certify the amount of the loss.
(1) Where the payment of an amount out of the Fund has been made as a consequence of the act or omission of a person who is a body corporate, including the payment of any amount to an administrator appointed under Part 5A of the affairs and property of the body corporate, the Director-General may, without affecting the operation of section 41, recover, jointly or severally, from any person who was a director or persons who were directors of the body corporate at the time at which the act or omission occurred, the amount of that payment as a debt in any court of competent jurisdiction.
(1) It is the duty of an officer of a relevant authority in charge of any record or information, access to which by the Director-General is reasonably necessary for the proper exercise of any function of the Director-General under this Act relating to licensing, disciplinary proceedings, investigations or law enforcement, to supply that record or information to the Director-General on request. (2) An officer of a relevant authority is authorised by this section to supply that record or information.
(1) This section does not apply to or in respect of the sale of:
(a) a motor vehicle to a trade owner, (a1) a substantially demolished or substantially dismantled motor vehicle by an auto-dismantler, (b) a motor vehicle by bona fide auction, or (c) a motor vehicle if, at any time within 1 month preceding the sale, the vehicle was registered for the first time under and in accordance with the regulations or the registration of the vehicle was renewed under and in accordance with the regulations. (2) Subject to subsection (3), a dealer shall not sell a motor vehicle to which any number-plate is attached unless, at or before the time of the sale, an inspection report issued in respect of the vehicle not more than 1 month (or such other period as may be prescribed by the regulations) before the sale of the vehicle which states that the vehicle has been found to be roadworthy is delivered to the purchaser for retention by the purchaser.
(1) A person shall not:
(a) (b) state or represent as the year of manufacture of a motor vehicle a year other than the actual year of manufacture of the vehicle, (c) state or represent as the year of first registration of a motor vehicle a year other than the actual year of first registration of the vehicle, or (d) state or represent as the model designation of a motor vehicle a model designation other than the actual model designation of the vehicle.
(1) A person shall not interfere with the odometer of a motor vehicle. Maximum penalty: 100 penalty units. (1A) A person must not fit to a motor vehicle a device capable of rendering the odometer of the motor vehicle inoperative or inaccurate. Maximum penalty: 100 penalty units.
(1) An authorised officer who has reasonable grounds to suspect that a motor vehicle, motor vehicle part or accessory or any other thing in the possession of the holder of a licence has been stolen or otherwise unlawfully obtained may, by a notice specifying the thing, prohibit the licence holder, or any employee of the licence holder, from altering the form of the thing or disposing of it in any other way, or selling it or otherwise parting with possession of it, for a period of 14 days after service of the notice.
(1) For the purpose of ascertaining whether the provisions of this Act or the regulations are being or have been complied with by any person, an authorised officer may:
(a) enter premises where the person carries on business, (b) require the production of records, (c) inspect and require explanations of any record, and (d) take notes, copies and extracts of or from any record or statement produced pursuant to this section. (1A) For the purpose of searching for, or obtaining information concerning, stolen motor vehicles and stolen parts and accessories of motor vehicles, a member of the NSW Police Force may:
(a) enter premises where a person carries on a business for which the person holds a licence or is reasonably suspected of carrying on a business for which the person is required to hold a licence, (b) search for and examine any motor vehicles and parts and accessories of motor vehicles on those premises, (c) require the production of records, (d) inspect and require explanations of any record, and (e) take notes, copies and extracts of or from any record or statement produced pursuant to this section.
(1) In this section: authorised officer has the same meaning as it has in the. Law Enforcement (Powers and Responsibilities) Act 2002
(1) For the purpose of ascertaining whether the provisions of this Act or the regulations are being or have been complied with by any person, an authorised officer may, orally or by instrument in writing, require the person to produce specified records, or records of a specified class or description, to a specified authorised person at a specified place at a specified time or within a specified period.
Editorial note— See also Part 3 of the . Fines Act 1996 (1) Where it appears to an authorised officer that any person has committed an offence prescribed for the purposes of this section, the authorised officer may serve a notice on that person to the effect that if that person does not desire to have the matter determined by a court, that person may pay to the Director-General within the time specified in the notice an amount of penalty prescribed for that offence if dealt with under this section. (2) Any notice under subsection (1) may be served personally or by post.
(1) Proceedings for an offence against this Act or the regulations or in respect of a threatened or an apprehended contravention of, or a threatened or an apprehended failure to comply with, this Act or the regulations:
(a) may be taken and prosecuted by any person acting with the authority of:
(i) the Minister, or (ii) a prescribed officer, and (b) in the case of proceedings for an offence against this Act or the regulations, shall be disposed of summarily:
(i) before the Local Court, or (ii) before the Supreme Court in its summary jurisdiction. (1A) A person referred to in subsection (1) (a) may bring proceedings to remedy or restrain a threatened or an apprehended contravention of, or a threatened or an apprehended failure to comply with, this Act or the regulations, whether or not any right of that person has been or may be infringed by or as a consequence of the contravention or failure. (1B) If proceedings for an offence against this Act or the regulations are brought before the Local Court, the maximum monetary penalty that the Local Court may impose in respect of the offence is, notwithstanding any other provision of this Act, 100 penalty units or the maximum monetary penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.
(1) In this section, a reference to the conviction of a person includes a reference to the making of an order in respect of a person under section 10 of the . Crimes (Sentencing Procedure) Act 1999
(1) Without limiting the generality of section 55B, where a person is convicted of an offence under section 9 (1) (a), (2) (a), (3) (a), (4) (a), (5) (a), (6) (a) or (7) (a), the court before which the person was convicted may, in addition to any penalty it may impose, make either or both of the following orders:
(a) an order that any specified motor vehicle to which the offence relates be forfeited to the Crown, (b) an order that the person pay to the Crown an amount, as assessed by the court, equal to the proceeds derived by the person from the commission of the offence or any other offence to which this section applies and which the court has taken into account in imposing any such penalty. (2) Before making an order under this section, the court may require notice to be given to, and may hear, such persons as the court thinks fit. (3) For the purpose of making an order against a person under subsection (1) (b), the court may:
(a) take into account such matters as the court thinks fit, (b) to the extent specified by the court—treat any interest in real or personal property acquired by the person by means of proceeds derived by the person from the commission of an offence as proceeds derived by the person from the commission of the offence, and (c) treat the equivalent, in money terms, of any interest in real or personal property derived by the person from the commission of an offence as proceeds derived by that person from the commission of the offence.
(1) Where:
(a) proceedings are being taken against a person for an offence under section 9 (1) (a), (2) (a), (3) (a), (4) (a), (5) (a), (6) (a) or (7) (a), or (b) an order has been made under section 55C (1) (b) against a person, the court before which those proceedings are being taken or by which the order has been made may, by order, prohibit:
(c) the person from disposing of or otherwise dealing with any interest in specified property, and (d) any other specified person from disposing of or otherwise dealing with any interest in specified property:
(i) which belongs to the person referred to in paragraph (c) and in respect of which the specified person has a power of attorney from that person or any other power of disposition, or (ii) which the specified person holds for or on behalf of the person referred to in paragraph (c), otherwise than in such manner as may be specified in the order. (2) Without affecting any power conferred on it by subsection (1), the Supreme Court may at any time make an order of the kind referred to in that subsection against a person:
(a) in respect of whom any other court may make such an order, or (b) whom any other court has committed for trial or for sentence. (3) Before making an order under this section, a court may require notice to be given to, and may hear, such persons as it thinks fit.
(1) The Governor may make regulations, not inconsistent with this Act, prescribing any matter which by this Act is required or permitted to be prescribed or which is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without prejudice to the generality of subsection (1), the Governor may make regulations for or with respect to:
(a) regulating the conduct of any person who is required to hold a licence, or the person’s servants or agents, in carrying on the business to which the licence relates, including the prescribing and the adoption or incorporation, pursuant to subsection (2A), of codes, rules or standards of conduct, practice or behaviour to be observed by any such person, servant or agent in carrying on that business, (a1) the making of applications for licences, including the means of determining and the matters to be taken into consideration in assessing the financial standing or financial resources of applicants and the determination and payment of fees in connection with applications for licences and licences, (b) prohibiting or regulating the employment by any person who is required to hold a licence of persons convicted of offences under this Act or of offences involving fraud or dishonesty or other prescribed offences, or persons whose application for a licence has been refused or whose licence has been revoked, (c) requiring any person who is required to hold a licence, or the person’s servants or agents, to make reports to prescribed persons with respect to offences involving motor vehicles or such parts of motor vehicles as may be prescribed and to forward such copies of records kept by the person, at such intervals, as may be prescribed, to persons specified in the regulations, (d) (e) providing for the remission of any fees, or part of any fees, paid in respect of a licence, in prescribed circumstances, (f) (g) prohibiting the commission by any person who is required to hold a licence of any prescribed practices, (h) providing for the registration and the renewal, cancellation and suspension of registration of motor vehicle salespersons, the issuing of certificates of registration of motor vehicle salespersons, the payment of registration fees and the keeping and inspection of records in respect of registration, (i) regulating the conduct of motor vehicle salespersons, including the prescribing or the adoption or incorporation, pursuant to subsection (2A), of codes, rules or standards of conduct, practice or behaviour to be observed by motor vehicle salespersons, (j) providing for the form and content of advertisements by holders of licences, including:
(i) requiring the inclusion of specified information in advertisements or the use of specified statements in advertisements, and (ii) prohibiting the inclusion of specified information in advertisements or the use of specified statements in advertisements, (k) providing for the control and regulation of the sale of motor vehicles on consignment, (l) prescribing the form and contents of contracts and other documents relating to the sale of motor vehicles, substantially demolished or substantially dismantled motor vehicles and parts and accessories of motor vehicles and other dealings in those vehicles, parts and accessories and prescribing the persons by whom and the circumstances in which those contracts and other documents may or shall be used, (m) providing for the keeping and management of trust accounts by the holders of licences, (n) requiring the keeping of records, (o) providing for:
(i) the form in which records required to be kept by or under this Act may or shall be kept, whether by use of a bound or looseleaf book, by the recording and storage of appropriate information by means of a mechanical, electronic or other device, or otherwise, (ii) the inspection, reproduction and retrieval of those records or that information and the making and provision of copies, (iii) the taking of precautions for guarding against damage to, destruction of or falsification of or in those records or that information and the taking of measures for the discovery of falsification of or in those records or that information, (iv) the circumstances in which records required to be kept by or under this Act may be destroyed, and (v) any other associated matters, (p) providing for the qualifications and appointment of auditors of accounts of holders of licences, the form and content of auditors reports and the times at which and the persons to whom auditors reports shall be furnished, (p1) requiring an initial contribution to be made to the Fund in respect of a licence, (q) providing for the making of claims against the Fund, including the form and manner in which claims may be made, the time within which claims shall be made, the persons who may make claims, the matters in respect of which claims may be made, the determination and payment of claims and the recovery of amounts paid in respect of claims, and (r) requiring the holder of a licence to furnish specified information or prohibiting the holder of a licence from furnishing specified information relating to a motor vehicle to a person with whom, in respect of the vehicle, the holder has any dealing.
(Section 60)