Part 1 Preliminary
1 Name of regulation
This regulation is the Motor Dealers and Repairers Regulation 2025.
2 Commencement
This regulation commences on 1 September 2025.Note—This regulation replaces the Motor Dealers and Repairers Regulation 2014, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—advertisement, for Part 3—see section 18.Australian driver licence—see Schedule 3, section 1.battery electric vehicle means a motor vehicle that—(a) uses only an electric motor for propulsion, and(b) is not fitted with—(i) a fuel cell, or(ii) an internal combustion engine.consignor has the same meaning as in the Act, Part 4, Division 6.entry number, for a motor vehicle or specified part, means the number required under Schedule 3 to be included in a record relating to the vehicle or part.fee unit, for Schedule 1—see Schedule 1, section 1.hybrid vehicle means a motor vehicle that—(a) uses an electric motor for propulsion, and(b) is fitted with an internal combustion engine for—(i) the generation of electrical energy, or(ii) the propulsion of the vehicle.Examples—a hybrid electric vehicle or plug-in hybrid electric vehicleineligible person, for Part 3—see section 18.licence number has the same meaning as in the Act, section 19A.Photo Card—see Schedule 3, section 1.specified part—see Schedule 3, section 1.the Act means the Motor Dealers and Repairers Act 2013.vehicle identification number or VIN has the same meaning as vehicle identifier has in the Road Transport Act 2013, section 82.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Definition of “financier”
For the Act, section 4(1), definition of financier, paragraph (c), the purpose of holding and enforcing security interests in motor vehicles as a secured creditor is prescribed.
5 Definition of “motor vehicle recycler”
For the Act, section 4(1), definition of motor vehicle recycler, paragraph (b), the following parts or accessories of motor vehicles are prescribed—(a) airbags and air curtains (side-impact airbags),(b) batteries for battery electric vehicles,(c) bonnets and boot lids,(d) bumper bars,(e) catalytic converters,(f) chassis,(g) diesel particulate filters,(h) doors, including hatchback doors,(i) electronic and multimedia equipment,(j) electronic keys, fobs and ignitions,(k) engines, engine blocks and electric drive motors,(l) final drives,(m) gearboxes and transmissions,(n) mudguards,(o) headlights,(p) instrument clusters and dashboards,(q) major body sections,(r) seats,(s) vehicle infotainment systems, including computers and software,(t) wheels.
Part 2 Licences
Division 1 General
6 Condition on online motor dealers’ licences—the Act, s 32
(1) This section applies to the motor dealer’s licence of an online motor dealer.(2) The licence is subject to the condition that the dealer must not carry on the business of dealing in motor vehicles as an online motor dealer unless—(a) the dealer has notified premises in New South Wales, and(b) the URL of the online motor dealer’s website ends with “.au”.
7 Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
A licence, other than a tradesperson’s certificate, is subject to the condition that the licence holder must not—(a) attempt to transfer or lend the licence to another person, or(b) allow the use of the licence by another person.
8 Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
(1) The fees payable for the Act are listed in Schedule 1, Part 1, Column 1.(2) The amount of each fee must be calculated by adding together the various components set out in Schedule 1, Part 1, Columns 2 and 3 in relation to the fee.(3) An amount specified in relation to an application fee in Schedule 1, Part 1, Column 3 under the heading Processing component in fee units is taken to be a fee to cover the costs incurred by the Secretary in processing the application.Note—This amount is consequently a processing fee for the Licensing and Registration (Uniform Procedures) Act 2002, Part 2. If an application is made by electronic communication, the processing fee is discounted—see that Act, section 13. If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee—see that Act, sections 16 and 22.
9 Compensation Fund contributions—the Act, s 165A(2)
(1) The contribution required to be paid by the holder of a motor dealer’s licence for each of the licence holder’s notified premises is—(a) an initial payment of—(i) for a payment covering 1 year—9.48 fee units, or(ii) for a payment covering 3 years—12.24 fee units, or(iii) for a payment covering 5 years—20.40 fee units, or(iv) for a payment covering any other period—9.48 fee units multiplied by the number of days for which the licence is to have effect and divided by 365, and(b) for any subsequent period in which the licence is in force—a payment of—(i) for a payment covering 1 year—1.39 fee units, or(ii) for a payment covering 3 years—4.17 fee units, or(iii) for a payment covering 5 years—6.95 fee units, or(iv) for a payment covering any other period—1.39 fee units multiplied by the number of days for which the licence is to have effect and divided by 365.(2) The contribution required to be paid by the holder of a motor vehicle repairer’s licence for each of the licence holder’s notified premises is—(a) an initial payment of—(i) for a payment covering 1 year—2.79 fee units, or(ii) for a payment covering 3 years—3.69 fee units, or(iii) for a payment covering 5 years—5.49 fee units, or(iv) for a payment covering any other period—2.79 fee units multiplied by the number of days for which the licence is to have effect and divided by 365, and(b) for any subsequent period in which the licence is in force—a payment of—(i) for a payment covering 1 year—0.45 fee units, or(ii) for a payment covering 3 years—1.35 fee units, or(iii) for a payment covering 5 years—2.25 fee units, or(iv) for a payment covering any other period—0.45 fee units multiplied by the number of days for which the licence is to have effect and divided by 365.
10 Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
(1) The Compensation Fund contribution set out in section 9 is not payable if the person carries on the business of dealing in motor vehicles on a wholesale basis only.(2) The licence of a person who does not pay the contribution is subject to the condition that the person must not carry on the business of dealing in motor vehicles other than on a wholesale basis.(3) If a licence is subject to a condition under this section, the licence holder may pay the contribution for specified notified premises and, on doing so, the condition ceases to apply in relation to the specified notified premises.(4) For subsection (3), the amount of the contribution required to be paid for notified premises is—(a) in relation to a 1-year licence—the amount specified in section 9(1)(a)(i), or(b) in relation to a 3-year licence—(i) if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence—the amount specified in section 9(1)(a)(ii), or(ii) if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence—two-thirds of the amount specified in section 9(1)(a)(ii), or(iii) if the payment is made more than 2 years after the grant, renewal or restoration of the licence—one-third of the amount specified in section 9(1)(a)(ii), or(c) in relation to a 5-year licence—(i) if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence—the amount specified in section 9(1)(a)(iii), or(ii) if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence—four-fifths of the amount specified in section 9(1)(a)(iii), or(iii) if the payment is made more than 2 years but not more than 3 years after the grant, renewal or restoration of the licence—three-fifths of the amount specified in section 9(1)(a)(iii), or(iv) if the payment is made more than 3 years but not more than 4 years after the grant, renewal or restoration of the licence—two-fifths of the amount specified in section 9(1)(a)(iii), or(v) if the payment is made more than 4 years after the grant, renewal or restoration of the licence—one-fifth of the amount specified in section 9(1)(a)(iii).
11 Partial refund of application fees for certain licences—the Act, s 186(2)(d)
(1) This section applies to an application fee—(a) for a 3-year licence or 5-year licence, and(b) paid by or for a person who—(i) has surrendered the licence granted under the Act, or(ii) if the person is an individual—has died.(2) A person may apply to the Secretary for a refund of the application fee if the person—(a) paid the application fee, or(b) is applying for the person who paid the application fee, or(c) is the legal representative of a deceased individual who paid the application fee.(3) A person may not make an application for a refund if the licence was cancelled or suspended as a result of disciplinary action.(4) An applicant is entitled to a refund of—(a) for a 3-year licence—one-third of the application fee paid, other than the processing component, for each complete year remaining of the licence term, or(b) for a 5-year licence—one-fifth of the application fee paid, other than the processing component, for each complete year remaining of the licence term.(5) In this section—application fee means an application fee for the grant, renewal or restoration of a licence.processing component, of an application fee, means the amount set out in Schedule 1, Part 1, Column 3 in relation to the fee.
12 Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
The Secretary may waive, reduce, postpone or refund, in whole or in part, a fee payable or paid under the Act or this regulation if the Secretary is satisfied it is appropriate because—(a) the person who must pay or has paid the fee is suffering financial hardship, or(b) special circumstances exist.Example of special circumstances—circumstances involving a natural disaster or recovery from a natural disaster
13 Modification of Licensing Act—the Act, s 21(1) and (4)
The Licensing Act, Part 2, as it applies to a licence under the Act, is modified as follows—(a) the part does not authorise an application for a licence under the Act to be made by a partnership,(b) the Licensing Act, section 20(3)(b)(v) does not require a licence to include the date on which the licence comes into force.
14 Register of licences
For the Act, section 177(3), the following particulars of a licence must be included in the register of licences—(a) the name of the licence holder,(b) the licence number of the licence holder,(c) the licence holder’s notified premises,(d) the type of licence,(e) the date of expiry of the licence,(f) the current status of the licence,(g) the conditions to which the licence is subject, other than conditions imposed by the Act or this regulation,(h) if the licence holder is a corporation—the names of the directors of the corporation,(i) disciplinary action taken against the licence holder under the Act or this regulation,(j) the number of penalty notices issued to the licence holder in relation to offences against the Act or this regulation,(k) if the licence holder has been found guilty of an offence under the Act or this regulation—the date of the offence,(l) whether an administrator of the affairs and property of the licence holder has been appointed under the Act, Part 5, Division 5,(m) the number of claims made against the Compensation Fund arising from the conduct of the licence holder that have been allowed by the Secretary.
15 Register of Undertakings—the Act, s 107(2)
The following particulars are prescribed in relation to deeds under which a licence holder gives an undertaking under the Act, Part 5, Division 1—(a) the licence holder’s name and licence number,(b) the address of each place of business at which the licence holder may carry on business under the licence,(c) the date on which the undertaking was given by the licence holder,(d) brief particulars of the circumstances or unjust conduct that led to the giving of the deed,(e) a summary of the undertakings given in the deed.
Division 2 Tradespersons’ certificates
16 Classes of repair work
For the Act, section 6(2), the classes of work described in the following table are prescribed as repair work—
17 Certain work not repair work
For the Act, section 6(2), the following work is not repair work—(a) work carried out on a trailer or towable recreation vehicle, other than on the underbody of the trailer or vehicle,(b) work carried out on a recreational motor vehicle with a living space, living facilities or both, other than work in the following classes of repair work—(i) motor mechanic,(ii) underbody work,(c) the replacement or installation of an accessory that does not alter the performance, handling or safety of the motor vehicle, if the accessory was replaced or installed for one or more of the following purposes—(i) cosmetic customisation of the vehicle,(ii) to provide different entertainment options,(iii) to inform the driver of vehicle functions or performance,(iv) to assist the driver in navigation or communication,(v) to equip the vehicle for occupational tasks,(d) minor works or repairs that do not affect the mechanical operation of the motor vehicle, the structure of the vehicle or vehicle safety features such as impact sensors and airbags, including the following—(i) the installation or replacement of a battery in a motor vehicle,(ii) the removal or replacement of wheels, but not including—(A) the replacement of tyres, or(B) wheel alignment, or(C) work requiring the disassembly of braking or suspension systems, or(D) the removal or replacement of wheels or tyres on motorcycles,(iii) the repair and restoration of headlights,(iv) the repair of chips and minor scratches, including filling and repainting,(v) the repair of dents, if the repairs use techniques that do not involve cracking or damaging the existing paintwork,(vi) the removal of parts of a vehicle in preparation for repair work or for the assessment of damage to the vehicle,(e) emergency breakdown repairs carried out by an organisation that provides roadside assistance services to motorists, if the work is carried out by an employee or contractor of the organisation,(f) work carried out by an authorised examiner, within the meaning of the Road Transport (Vehicle Registration) Regulation 2017, when exercising the functions of an authorised examiner under that regulation.
Part 3 Conduct of business
18 Definitions
In this part—advertisement means one or more of the following in any form, including a website, that gives publicity for, or otherwise promotes or is intended to promote, a business—(a) writing,(b) a still or moving picture, sign, symbol or other image,(c) an audio message.ineligible person has the same meaning as in section 30.
19 Licence holders must display signs—the Act, s 186(2)(e)
(1) This section applies to a holder of a—(a) motor dealer’s licence, or(b) motor vehicle repairer’s licence, or(c) motor vehicle recycler’s licence.(2) The licence holder must display the licence holder’s relevant details—(a) if the licence holder carries on business from a vehicle—on the outside of the vehicle, or(b) for other notified premises—on a sign that is readily visible to a person approaching the notified premises.Maximum penalty—20 penalty units.(3) In this section—relevant details, of a licence holder, means—(a) the licence holder’s name, and(b) the words “licence number” or “Lic. No.”, or a similar abbreviation, followed by the licence holder’s licence number.
20 Advertising of charges—the Act, s 186(2)(h)
(1) If dealer’s charges or statutory charges are payable in relation to a motor vehicle, a motor dealer must not publish an advertisement specifying an amount as the purchase price of the motor vehicle unless the advertisement also specifies—(a) the additional amount payable for dealer’s charges, and(b) that an additional amount will be payable for statutory charges.Maximum penalty—20 penalty units.(2) Subsection (1) does not apply to the advertisement of a second-hand motor vehicle.(3) Subsection (1)(a) does not apply to—(a) an advertisement published by the holder of a motor dealer’s licence who only deals in motor vehicles on a wholesale basis, or(b) a group advertisement that refers specifically or generally to more than one dealer.(4) For subsection (1)(b)—(a) the additional amount payable for statutory charges does not need to be specified in the advertisement, and(b) the additional amount must be described as “statutory charges” or “government charges”, and(c) the additional amount must not be described—(i) as “on-road costs”, or(ii) by using another similar expression.(5) In this section—dealer’s charges, in relation to a motor vehicle advertised for sale by a motor dealer, means an amount that is payable to the dealer by a purchaser before or on the vehicle’s delivery by the dealer, other than—(a) the amount of the purchase price of the vehicle, or(b) statutory charges relating to the vehicle.statutory charges, in relation to a motor vehicle, means—(a) a tax or fee payable on registration, or renewal of registration, of the vehicle, or(b) a duty charged on the certificate of registration of the vehicle, or(c) a premium payable for a policy of insurance issued, or considered to have been issued, under the Motor Accident Injuries Act 2017 for the vehicle.
21 Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)
(1) A motor dealer who advertises for sale a damaged motor vehicle referred to in the Act, section 65 must state in the advertisement—(a) that the vehicle has been damaged, and(b) whether or not the damage has been repaired.Maximum penalty—20 penalty units.(2) A motor dealer who advertises for sale a motor vehicle the subject of a defect notice referred to in the Act, section 74 must include in the advertisement—(a) the words “DEFECTIVE VEHICLE—REPAIR COST $”, and(b) the repair cost, being the amount estimated in the defect notice as the reasonable cost of repairing the defects specified in the notice.Maximum penalty—20 penalty units.(3) A motor dealer must not publish an advertisement offering for sale a motor vehicle the subject of a dealer guarantee if the vehicle has a defect that—(a) the dealer must repair or make good under the dealer guarantee, and(b) the dealer knew or ought to have known of when the dealer published the advertisement.Maximum penalty—20 penalty units.(4) Subsection (3) does not apply to an advertisement if the advertisement states that the motor vehicle has the defect.(5) Information required by this section to appear in an advertisement in relation to a motor vehicle must, unless the advertisement only comprises an audio message, appear in writing of a size that is clearly legible to a person who sees the advertisement.
22 Representations about availability of motor vehicle or finance—the Act, s 186(2)(e)
A motor dealer must not represent—(a) that a motor vehicle is for sale knowing the vehicle is not for sale, or(b) that the purchase of a motor vehicle may be financed in a way the dealer knows to be unlawful or unavailable.Maximum penalty—20 penalty units.
23 Odometer readings—the Act, s 186(2)(e) and (h)
If a motor dealer knows, or suspects on reasonable grounds, that the reading on the odometer of a motor vehicle is a false representation of the distance travelled by the vehicle, the motor dealer must not—(a) publish an advertisement specifying the reading on the odometer of the vehicle, or(b) specify the reading on the odometer of the vehicle during negotiations for the sale of the vehicle.Maximum penalty—20 penalty units.
24 Certain advertisements must identify vehicle—the Act, s 186(2)(h)
A motor dealer must not publish an advertisement that refers to a specific motor vehicle, or specifies the price at which a specific second-hand motor vehicle may be purchased, unless the advertisement includes—(a) the registration number of the vehicle, or(b) if the vehicle is not registered—the stock or entry number of the vehicle.Maximum penalty—20 penalty units.
25 Examination of motor vehicle—the Act, s 186(2)(e)
A motor dealer who offers a motor vehicle for sale must facilitate a reasonable examination of the vehicle by, or for, a prospective purchaser of the vehicle.Maximum penalty—20 penalty units.
26 Protection of third-party interests—the Act, s 186(2)(e)
(1) This section applies to a motor dealer who agrees to—(a) act as an agent for the sale of a second-hand motor vehicle, or(b) accept a motor vehicle as a trade-in.(2) The motor dealer must, before the sale or trade-in is completed, use reasonable diligence to—(a) establish whether the vehicle is subject to a lease, hire-purchase agreement or mortgage, and(b) if so, notify the relevant lessor, owner or mortgagee of the proposed sale or trade-in.Maximum penalty—20 penalty units.(3) In this section—mortgage has the same meaning as in the National Credit Code.
27 Certain parts must be marked by motor vehicle recyclers and motor vehicle repairers—the Act, ss 99(1) and 186(2)(e)
(1) This section applies to the following—(a) a motor vehicle repairer who buys or receives a specified part for the purposes of carrying on business as a motor vehicle repairer,(b) a motor vehicle recycler in relation to the Act, section 99(1).(2) For the Act, section 99(1), specified parts are prescribed.(3) A person to whom this section applies must mark a specified part with the entry number of the specified part by—(a) copying the number onto the part using an indelible marking substance, or(b) if paragraph (a) is impracticable—attaching a durable label or tag bearing the number to the part.Maximum penalty for subsection (3)—20 penalty units.
28 Receipts for engines disposed of by motor vehicle repairers and motor vehicle recyclers—the Act, s 186(2)(e)
(1) A motor vehicle repairer or motor vehicle recycler who disposes of a motor vehicle engine to a person must give the person a receipt that includes the following information—(a) the date of disposal,(b) a description of the engine,(c) the entry number for the engine,(d) the person’s name and address.Maximum penalty—20 penalty units.(2) The motor vehicle repairer or motor vehicle recycler must also—(a) keep a copy of the receipt for at least 6 years after the date on which the motor vehicle engine was disposed of, and(b) if required to do so by an authorised officer before the end of the period referred to in paragraph (a)—give a copy of the receipt to the officer.Maximum penalty—20 penalty units.
29 Receipts for parts disposed of by motor vehicle recyclers—the Act, s 186(2)(e)
(1) A motor vehicle recycler who disposes of a specified part to a person must give the person a receipt that includes the following information—(a) the motor vehicle recycler’s licence number,(b) the date of disposal,(c) a description of the part,(d) the vehicle identification number of the vehicle from which the part originated,(e) the person’s name and address.Maximum penalty—20 penalty units.(2) This section does not apply to a motor vehicle engine.
30 Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)
(1) A licence holder must not employ or continue to employ a person as a manager of the licence holder’s notified premises if the licence holder is notified by the Secretary, or if the licence holder is aware or ought reasonably to be aware, that—(a) within the last 10 years—(i) a licence held by the person has been cancelled, or(ii) the person has been convicted of, or has served part or all of a term of imprisonment for, an offence in New South Wales or elsewhere involving fraud or dishonesty, or(iii) the person, or a body corporate of which the person was a director or officer, has been refused a licence on a ground relating to—(A) the person’s honesty, or(B) the person’s status as a fit and proper person to be a licence holder, or(b) the person is subject to a community correction order or conditional release order in relation to an offence involving fraud or dishonesty, or(c) the person is subject to a good behaviour bond in another State or Territory in relation to an offence involving fraud or dishonesty, or(d) proceedings have been commenced against the person in New South Wales or elsewhere in relation to an offence involving fraud or dishonesty, or(e) the person is the holder of a suspended licence, or(f) the person is disqualified from holding a licence or being involved in the direction, management or conduct of a business for which a licence is required.Maximum penalty—20 penalty units.(2) It is not an offence for a licence holder to employ or continue to employ an ineligible person if—(a) the Secretary exempts the licence holder under section 31, and(b) any conditions of the exemption are complied with.(3) It is not an offence for a licence holder to continue to employ an ineligible person if an application for an exemption has been made to the Secretary but not determined.(4) The Secretary may, by written notice given to the applicant for an exemption, direct that subsection (3) does not apply to the ineligible person to whom the application relates.(5) In this section—ineligible person means a person referred to in subsection (1)(a)–(e).
31 Applications for exemptions for ineligible persons—the Act, s 186(2)(f) and (2A)
(1) An application by a licence holder for an exemption from section 30 to employ or continue to employ an ineligible person must be made no later than the first business day following the day on which the licence holder—(a) is notified by the Secretary that the person is an ineligible person, or(b) ought reasonably to have become aware that the person is an ineligible person.(2) After receiving the application, the Secretary may—(a) grant the exemption, either conditionally or unconditionally, or(b) refuse the exemption.(3) If the Secretary refuses to grant the exemption, the Secretary must give notice of the refusal to—(a) the applicant, and(b) the ineligible person to whom the application relates.
Part 4 Records—the Act, s 100(3)
32 Records must be kept about motor vehicles and specified parts
(1) The holder of a motor dealer’s licence, motor vehicle repairer’s licence or motor vehicle recycler’s licence must keep records about motor vehicles and specified parts as set out in Schedule 3.(2) The records must be kept in accordance with this part.
33 Form of records
(1) A record required to be kept by a licence holder under this part—(a) may be kept—(i) in hard copy, or(ii) in electronic form, and(b) must be stored at the licence holder’s notified premises.(2) If the licence holder operates from multiple notified premises, the records for each of the notified premises must be accessible at the notified premises to which the records relate.(3) Subsection (1)(b) does not apply to a motor vehicle repairer if the repairer carries on the business of a motor vehicle repairer solely from a motor vehicle.(4) An invoice, receipt or other document issued to a licence holder in connection with the holder’s acquisition of a motor vehicle or specified part must be kept with the record relating to the vehicle or part.
34 Hard copy records
(1) A record kept in hard copy must be—(a) stored with related records, and(b) named and categorised in an orderly way.(2) The record must—(a) be legible, and(b) be on white paper of a size not less than standard A4, and(c) contain no erasures or tears, and(d) not be defaced or otherwise mutilated.(3) This section does not prohibit matter in the record from being altered by deleting particulars in a way that leaves the deleted particulars decipherable.Example—by drawing a line through the deleted particulars
35 Electronic records
(1) A record kept in electronic form must be kept in a way that ensures—(a) the information in the record—(i) is capable of being displayed or provided on demand and in an accessible format at each of the notified premises of the licence holder, and(ii) includes the date on which the record was made, and(b) if information in the record is amended or deleted—a record is kept of—(i) the information before it was amended or deleted, and(ii) the date on which the information was amended or deleted.(2) A backup copy of all records kept in electronic form must be made at least once every 4 weeks.
36 Entry numbers
A licence holder required to keep a record must ensure that the entry number of a motor vehicle or specified part—(a) is assigned sequentially in a way that enables the completeness of the licence holder’s records to be verified, and(b) is not used by the licence holder for more than one vehicle or part.
37 Abbreviations in records
The following abbreviations are the only abbreviations that may be used in a record to describe the following parts—(a) “AB” for airbag,(b) “ACU” for air curtain,(c) “BL” for boot lid,(d) “BON” for bonnet,(e) “BUF” for front bumper bar and “BUR” for rear bumper bar,(f) “CC” for catalytic converter,(g) “CH” for chassis,(h) “DLF” for left front door, “DLR” for left rear door, “DRF” for right front door, “DRR” for right rear door and “HD” for hatchback door,(i) “DPF” for diesel particulate filter,(j) “E” for engine,(k) “EB” for engine block,(l) “EDM” for electric drive motor,(m) “EK/F/I” for electronic key, fob or ignition,(n) “EME” for electronic and multimedia equipment,(o) “EVB” for battery for battery electric vehicle,(p) “FD” for final drive,(q) “GL” for left front mudguard and “GR” for right front mudguard,(r) “HL” for headlight,(s) “IC/D” for instrument cluster or dashboard,(t) “IN” for vehicle infotainment system, including computers and software,(u) “MBS” for major body section,(v) “MW” for alloy mag wheels,(w) “SE” for seat,(x) “T/G” for transmission or gearbox,(y) “WH” for wheels.
38 Completion of records
A licence holder required to keep a record must ensure—(a) all information that must be entered in the record in relation to a transaction or event is entered within 1 business day after the transaction or event occurs, and(b) no information is entered in the record otherwise than by a person authorised by the licence holder.Maximum penalty—20 penalty units.
39 Retention of records and other documents
A licence holder must keep a record, and any document required to be kept with the record, for at least 6 years after the date on which the last entry was made in the record.Maximum penalty—20 penalty units.
Part 5 Motor dealers’ notices—the Act, s 62(1)(c) and (4)
Note—
For online motor dealers, see the Act, section 66B.
40 Notices generally
A dealer’s notice required under the Act must be produced—(a) from a book of notices that complies with this part, or(b) using software that complies with this part.
41 Dealers’ notices produced from book
A dealer’s notice produced from a book of notices must be taken from a book, or series of books, that complies with the following requirements—(a) each book must include—(i) an original and a duplicate copy of each notice, and(ii) if the book is used for a kind of notice that must be attached to the vehicle to which the notice relates—an additional copy of each notice,(b) the originals of each notice in a book must be permanently bound together,(c) each book must bear on its front cover a number corresponding to its number in the series,(d) each book must only be used for one kind of notice.
42 Dealers’ notices produced using software
A dealer’s notice that is produced using software must—(a) be in a format that is capable of being displayed and printed in the approved form at each of the notified premises of the motor dealer, and(b) not be capable of being amended or deleted, so that a change in the information in the notice may only be effected by creating a new notice, and(c) include the date on which the notice was produced.
43 Form of dealers’ notices
(1) A dealer’s notice must be—(a) written, and(b) legible, and(c) if printed—on white paper of a size not less than standard A4, and(d) numbered sequentially in the order in which it was produced.(2) A dealer’s notice must contain no erasures or tears and must not be defaced or otherwise mutilated.
44 Completion of dealers’ notices
(1) A motor dealer who produces a dealer’s notice must ensure—(a) all information that is required to be entered in the notice in relation to a transaction or event is entered before or when the transaction or event occurs, and(b) only a person authorised by the motor dealer enters information in the notice.Maximum penalty—20 penalty units.(2) If the motor dealer produces dealers’ notices using software, the information for the notices must be backed up at intervals of no longer than 1 week.Maximum penalty—20 penalty units.
45 Retention of dealers’ notices
A motor dealer who produces a dealer’s notice must—(a) keep a copy of the notice for at least 6 years after the sale of the motor vehicle to which the notice relates, and(b) if required to do so by an authorised officer—produce the copy of the notice, in an accessible and readable format, for inspection by the officer.Maximum penalty—20 penalty units.
46 Attaching dealers’ notices to vehicles
For a requirement of the Act that a dealer’s notice be attached to a motor vehicle, the notice is attached to the vehicle if—(a) the notice is firmly attached to—(i) the inside surface of the windscreen, or(ii) if not practicable to do so—another part of the vehicle, and(b) the notice is clearly visible to a person standing immediately outside the part of the vehicle to which it is attached.
47 Motor vehicles not for sale
For the Act, section 63(4)(a), a notice that a motor vehicle is not for sale must—(a) be on white paper of a size not less than standard A4, and(b) contain the words “not for sale” in text of a size that is clearly legible to a person standing immediately outside the part of the vehicle to which the notice is attached.
Part 6 Sales on consignment
48 Consignment agreements—the Act, s 186(2)(i)
(1) A motor dealer who agrees to sell a motor vehicle on consignment must—(a) enter into a written agreement with the consignor for the consignment, and(b) include the information required by subsection (2) in the agreement, and(c) keep a copy of the agreement and give another copy of the agreement to the consignor.Maximum penalty—20 penalty units.(2) The following information must be included in the agreement—(a) the consignor’s name, address and licence number,(b) the consignee’s name, address and licence number,(c) a description of the motor vehicle to which the agreement relates, including—(i) the registration number of the vehicle, or(ii) if the vehicle is not registered—the vehicle identification number of the vehicle,(d) details of any encumbrance to which the vehicle is subject or, if there is no encumbrance, a statement that there is no encumbrance,(e) the price agreed to be paid to the consignor or the method of calculating the price to be paid to the consignor,(f) directions for disbursement of the price agreed to be paid to the consignor, including any amount required to be paid to discharge an encumbrance to which the vehicle is subject,(g) the date of commencement of the consignment,(h) the date of termination, or the period, of the consignment.(3) This section does not apply if the consignor of the motor vehicle is also a motor dealer.
49 Consignment of motor vehicle from one dealer to another
A motor dealer must not accept delivery from another dealer of a motor vehicle for sale on consignment without making reasonable inquiries necessary to establish that the consigning dealer is the owner of the vehicle.Maximum penalty—20 penalty units.
50 Records for audit of trust account—the Act, s 95(2)
(1) A motor dealer who sells motor vehicles on consignment must keep the books and records necessary to enable the dealer’s trust accounts to be properly audited, including—(a) a trust receipt book containing forms of receipt, machine-numbered consecutively in duplicate, and(b) a trust bank, building society or credit union deposit book containing forms in duplicate, and(c) a trust account cash book or its electronic equivalent.Maximum penalty—20 penalty units.(2) The motor dealer must keep the books and records for at least 6 years after the last entry is made in a book or record.Maximum penalty—20 penalty units.
51 Disbursements from trust account—the Act, s 92(1)(e)
A motor dealer may apply money held in a trust account to the payment of an amount payable to a credit provider in accordance with the written directions of the consignor.
Part 7 Exemptions
52 Exemption of certain motor vehicles—the Act, s 186(2)(a)
(1) The Act does not apply to the following—(a) a motor vehicle not acquired to be used principally for the transport of passengers or goods on public roads, other than a trailer or towable recreation vehicle,(b) a motor vehicle that is incapable of being registered in New South Wales, unless it is—(i) a motorcycle of a type referred to in the Act, section 69(8), or(ii) a defective registrable vehicle, or(iii) a written-off light vehicle recorded in the NSW written-off light vehicles register, or(iv) an interstate written-off light vehicle.(2) In this section—defective registrable vehicle has the same meaning as in the Road Transport Act 2013.interstate written-off light vehicle has the same meaning as in the Road Transport Act 2013, section 84.NSW written-off light vehicles register means the register established under the Road Transport Act 2013, section 83.written-off light vehicle has the same meaning as in the Road Transport Act 2013, section 83.
53 Exemption of certain persons—the Act, s 186(2)(a)
(1) The Act, sections 11 and 13 do not apply to a person who carries on, or advertises that the person carries on or is willing to carry on, the business of dealing in motor vehicles only for the purpose of reclaiming scrap metal or scrap rubber.(2) The Act, section 13 does not apply to a person who carries on, or advertises that the person carries on or is willing to carry on, the business of a motor vehicle recycler if the person—(a) holds a motor vehicle repairer’s licence, and(b) keeps the records that the holder of a motor vehicle recycler’s licence must keep under the Act and this regulation in relation to carrying on the business of a motor vehicle recycler.(3) The Act, section 16 does not apply to repair work to the underbody of a trailer or towable recreation vehicle if the person carries out the work at a place for which a motor vehicle repairer’s licence is in force.(4) The Act does not apply to—(a) a person who is a motor dealer to the extent the person carries on, or advertises that the person carries on or is willing to carry on, the business of dealing in heavy vehicles within the meaning of the Heavy Vehicle National Law (NSW), or(b) a person who is a motor vehicle recycler to the extent the person carries on, or advertises that the person carries on or is willing to carry on, the business of recycling heavy vehicles within the meaning of the Heavy Vehicle National Law (NSW).
54 Temporary exemptions for declared trade shows—the Act, ss 11(2) and 186(2)(a)
(1) The Act, section 11 does not apply to an eligible person in relation to the offer or display for sale of a motor vehicle at a declared trade show if—(a) the business carried on by the eligible person while participating in the declared trade show is limited to the following—(i) advising a person about the quality, performance and characteristics of a motor vehicle,(ii) making offers to, or receiving offers from, a person to enter into an agreement for the sale of a motor vehicle, other than a second-hand motor vehicle, and(b) the eligible person has complied with any conditions to which the exemption is subject, and(c) a sign is displayed at the stall operated by the eligible person at the declared trade show that—(i) uses language and a format, and is in a position, that makes the sign easy to read by a person approaching the stall, and(ii) identifies the eligible person as a person whose ordinary place of business is outside New South Wales, and(iii) includes the following in relation to the business ordinarily operated by the eligible person—(A) the business name or company name,(B) the address of the business or company,(C) if applicable—the name or number of a relevant licence issued by another State or Territory, and(iv) states the contract of sale must be signed outside New South Wales.(2) An exemption under this section—(a) starts at the beginning of the period specified by the Secretary in the notice declaring the trade show to be a declared trade show, and(b) expires at the end of the specified period.(3) In this section—eligible person means a person—(a) who lawfully carries on the business of dealing in motor vehicles as a retailer or on a wholesale basis, and(b) who is not the holder of a motor dealer’s licence, andNote—This includes persons who hold a motor dealer’s licence because of the Mutual Recognition Act 1992 of the Commonwealth.(c) whose ordinary place of business is outside New South Wales.
Part 8 Miscellaneous
55 Current inspection reports
For the Act, section 56, the period of 42 days is prescribed.
56 Sale at auction with number-plates—current inspection reports
For the Act, section 57(1), a current inspection report must be—(a) firmly attached to—(i) the inside surface of the windscreen, or(ii) if not practicable to do so—another part of the vehicle, and(b) clearly visible to a person standing immediately outside the part of the vehicle to which the report is attached.
57 Maximum deposit for online motor dealers
For the Act, section 66D, 10% is prescribed.
58 Cooling off periods—the Act, ss 81(4) and 82(1)(a) and (2)
(1) The prescribed form setting out a purchaser’s rights under the Act, Part 4, Division 5 and the form of a waiver of a purchaser’s rights under that division is set out in Schedule 2.(2) The information contained in the form must be included in the contract for the purchase of a motor vehicle immediately above where the purchaser must sign the contract.
59 Recording information generally—the Act, s 186
(1) This section applies to a record, form, including a dealer’s notice, receipt or other document (a relevant document) required under the Act or this regulation.(2) If a relevant document requires a motor vehicle’s date of manufacture to be specified, the following date must be specified—(a) the month and year of the vehicle’s built date,(b) if the vehicle does not have a built date—the month and year of the vehicle’s identification plate date.(3) If a relevant document requires the vehicle identification number of a motor vehicle to be specified but the vehicle does not have a vehicle identification number, the vehicle’s chassis number must be specified instead.(4) The following abbreviations may be used for recording information in a relevant document—(a) “C” for consigned,(b) “D” for dismantled,(c) “E” for exchanged,(d) “Lic. No.” for licence number,(e) “MD” for motor dealer’s licence,(f) “P” for purchased,(g) “S” for sold,(h) “T” for trade-in,(i) “W” for wholesale.(5) Information in a relevant document must be recorded legibly and in English.(6) In this section—built date, in relation to a motor vehicle, means—(a) the date entered as the “build date” for the vehicle on the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14, or(b) otherwise—the date that, combined with the word “Built” or the words “Built Date”, appears on an adhesive sticker or metal plate affixed to the vehicle or on a sheet metal component of the vehicle.identification plate date, in relation to a motor vehicle, means the date that appears on an identification plate authorised to be placed on the vehicle, or taken to have been placed on the vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.
60 Motor Dealers and Repairers Compensation Fund—the Act, s 168(3)
A claim for compensation may not be made under the Act, Part 8 for the following—(a) loss of or damage to a motor vehicle of a design that makes it incapable of being registered in New South Wales,(b) loss of or damage to a motor vehicle that has been modified for use solely in motor racing or off-road motor sport,(c) loss incurred by the claimant in making the claim, including receiving legal advice,(d) loss of or damage to a vehicle to which the dealer guarantee does not apply under the Act, section 72.
61 Certification of loss
For the Act, section 171(2), the amount of $100,000 is prescribed.
62 Penalty notice officers
(1) For the Act, section 158(6), the following are prescribed as penalty notice officers—(a) an officer of the department in which the Act is administered who is authorised in writing by the Secretary to exercise the functions of a penalty notice officer under the Act,(b) an investigator appointed under the Fair Trading Act 1987, section 18,(c) a police officer or other member of the NSW Police Force who is authorised in writing by the Commissioner of Police to exercise the functions of a penalty notice officer under the Act,(d) a person authorised in writing by Transport for NSW to exercise the functions of a penalty notice officer under the Act,(e) a Class 10 officer authorised in writing by the Secretary to exercise the functions of a penalty notice officer under the Act.(2) In this section—Class 10 officer has the same meaning as in the Road Transport (General) Regulation 2021, Schedule 4.
63 Penalty notice offences
(1) For the Act, section 158(2) and (4)—(a) each offence created by a provision specified in Schedule 4 is an offence for which a penalty notice may be issued, and(b) the amount payable under the penalty notice is the amount specified in Schedule 4 for the offence.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) the limited kind of offence, or(b) an offence committed in the limited circumstances.
64 Expenses of administrator
For the Act, Schedule 1, clause 12(6), the prescribed period is 30 days after the day on which the agreement is entered into.
65 Limitation periods generally—the Act, s 70
A time limit for the purposes of the Act, section 69 does not include a period in which a motor dealer has possession or control of the motor vehicle, including for the purpose of assessing, repairing or making good a defect in the motor vehicle.
66 Limitation periods for trailers and towable recreation vehicles
(1) For the Act, section 69(10), the time limit for a trailer or towable recreation vehicle is as follows—(a) for a new trailer or towable recreation vehicle—6 months,(b) for a second-hand trailer or towable recreation vehicle that is not more than 10 years old when sold by a motor dealer—3 months.(2) Subsection (1) does not apply to a trailer or towable recreation vehicle until 1 September 2026.(3) The Motor Dealers and Repairers Regulation 2014, clause 59, as in force immediately before its repeal, continues to apply until the end of 31 August 2026.
67 Savings
An act, matter or thing that, immediately before the repeal of the Motor Dealers and Repairers Regulation 2014, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Fees
section 8
Part 1 Fees payable
Item | Column 1 | Column 2 | Column 3 |
Type of fee | Fixed component in fee units | Processing component in fee units | |
Motor dealer’s licence | |||
1 | Application for grant of licence | ||
(a) 1 year | 3.29 per notified premises | 2.19 | |
(b) 3 years | 9.88 per notified premises | 2.19 | |
(c) 5 years | 16.45 per notified premises | 2.19 | |
2 | Application for renewal of licence | ||
(a) 1 year | 3.29 per notified premises | 0.71 | |
(b) 3 years | 9.88 per notified premises | 0.71 | |
(c) 5 years | 16.45 per notified premises | 0.71 | |
3 | Application for restoration of licence | ||
(a) 1 year | 3.29 per notified premises | 1.47 | |
(b) 3 years | 9.88 per notified premises | 1.47 | |
(c) 5 years | 16.45 per notified premises | 1.47 | |
Motor vehicle repairer’s licence | |||
4 | Application for grant of licence | ||
(a) 1 year | 2.24 per notified premises | 2.19 | |
(b) 3 years | 4.42 per notified premises | 2.19 | |
(c) 5 years | 11.20 per notified premises | 2.19 | |
5 | Application for renewal of licence | ||
(a) 1 year | 1.09 per notified premises | 0.71 | |
(b) 3 years | 3.27 per notified premises | 0.71 | |
(c) 5 years | 5.45 per notified premises | 0.71 | |
6 | Application for restoration of licence | ||
(a) 1 year | 1.09 per notified premises | 1.47 | |
(b) 3 years | 3.27 per notified premises | 1.47 | |
(c) 5 years | 5.45 per notified premises | 1.47 | |
Motor vehicle recycler’s licence | |||
7 | Application for grant of licence | ||
(a) 1 year | 3.29 per notified premises | 2.19 | |
(b) 3 years | 9.88 per notified premises | 2.19 | |
(c) 5 years | 16.45 per notified premises | 2.19 | |
8 | Application for renewal of licence | ||
(a) 1 year | 3.29 per notified premises | 0.71 | |
(b) 3 years | 9.88 per notified premises | 0.71 | |
(c) 5 years | 16.45 per notified premises | 0.71 | |
9 | Application for restoration of licence | ||
(a) 1 year | 3.29 per notified premises | 1.47 | |
(b) 3 years | 9.88 per notified premises | 1.47 | |
(c) 5 years | 16.45 per notified premises | 1.47 | |
Tradesperson’s certificate | |||
10 | Application for grant of certificate | ||
(a) 1 year | Nil | 0.30 | |
(b) 3 years | Nil | 0.69 | |
(c) 5 years | Nil | 1.15 | |
11 | Application for renewal of certificate | ||
(a) 1 year | Nil | 0.20 | |
(b) 3 years | Nil | 0.48 | |
(c) 5 years | Nil | 0.80 | |
12 | Application for restoration of certificate | ||
(a) 1 year | Nil | 0.26 | |
(b) 3 years | Nil | 0.57 | |
(c) 5 years | Nil | 0.92 | |
13 | Application to amend certificate to add or remove class of repair work | Nil | 0.48 |
Other | |||
14 | Application for duplicate licence | Nil | 0.46 |
15 | Application for certificate certifying licensee status | Nil | 0.31 |
Part 2 Adjustment of fees for inflation
1 Calculation of fee unit
(1) For this schedule, a fee unit is—(a) in the financial year 2025–26—$126.59, and(b) in each subsequent financial year—the amount calculated as follows—%20AND%20(No%3D0458)%20AND%20(Year%3D2025)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)
where—A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2024.(2) The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 cent must be rounded down.(3) The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded down.(4) If the amount of a fee unit calculated for a financial year is less than the amount that applied for the previous financial year, the amount for the previous financial year applies instead.(5) As soon as practicable after the Australian Bureau of Statistics publishes the CPI number for the March quarter, the Secretary must—(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year to allow notice of the amount to be published on the NSW legislation website, and(b) publish, on an appropriate government website, the fees calculated under this section for each financial year.(6) A failure to comply with subsection (5) does not affect the operation of this section.(7) In this section—CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of the index.financial year means a period of 12 months commencing on 1 July.
Schedule 2 Notice for cooling off period for dealer-financed vehicles
section 58(1)
MOTOR DEALER INFORMATION: | ||||
Name— | Licence number— | |||
Address— | ||||
MOTOR VEHICLE INFORMATION: | ||||
Make— | VIN/chassis number— | |||
Model— | ||||
CREDIT PROVIDER INFORMATION: | ||||
Name of credit provider— | ||||
YOUR COOLING OFF RIGHTS: | ||||
You are signing a contract to buy this motor vehicle. If finance for the purchase is being provided by the motor dealer, or the dealer is arranging or facilitating the provision of credit through a linked credit provider, you may take advantage of the cooling off period. This is the period in which you may change your mind about buying this vehicle and terminate the contract. You may take this action up until the end of the cooling off period. The period ends at 5pm on the next day the motor dealer carries on business with the public after you sign the contract, unless one of the following applies— (a) if the dealer closes before 5pm on the next day the motor dealer carries on business with the public, the cooling off period ends at the close of business on the next day the dealer is open for business following that day, (b) if you purchase the vehicle online through a website, the cooling off period ends at 5pm on the next day. You may terminate the contract by giving written notice to the dealer. The notice must be signed by you or by your solicitor or barrister. You will not be able to take possession of the vehicle during the cooling off period unless the dealer agrees. If the dealer agrees to let you take possession of the vehicle during the cooling off period, you may still terminate the contract. If you terminate the contract during the cooling off period, you will have to pay the dealer $250.00 or 2% of the purchase price, whichever is the lesser amount. You will also have to repay the dealer any amount paid for a trade-in. You may also be required to return the vehicle if you have taken delivery of it, unless certain exemptions apply. | ||||
NO COOLING OFF PERIOD: | ||||
There is no cooling off period for— (a) a sale by a motor dealer to another motor dealer, a financier or a motor vehicle recycler, or (b) a sale at a bona fide auction, or (c) a sale of a vehicle intended to be used predominantly for business or other commercial purposes, or (d) a sale where the provision of credit by a linked credit provider of the motor dealer to the purchaser is not arranged or facilitated by the motor dealer. | ||||
WAIVING YOUR RIGHT TO A COOLING OFF PERIOD: | ||||
You may waive your right to a cooling off period. If you waive your right to a cooling off period, YOU WILL LOSE YOUR RIGHT TO TERMINATE THE CONTRACT. | ||||
I wish to keep my right to a cooling off period. | ||||
Purchaser’s signature— | Date— | |||
I wish to waive my right to a cooling off period. | ||||
Purchaser’s signature— | Date— | |||
Schedule 3 Records—motor dealers, motor vehicle repairers and motor vehicle recyclers
section 32(1)
1 Definitions
(1) In this regulation—Australian driver licence has the same meaning as in the Road Transport Act 2013.Photo Card has the same meaning as in the Photo Card Act 2005.specified part means the following—(a) airbags and air curtains (side-impact airbags),(b) alloy wheels,(c) bonnet,(d) boot lid,(e) bumper bar—front,(f) bumper bar—rear,(g) car radio, tape or compact disc equipment,(h) catalytic converter,(i) chassis,(j) diesel particulate filters,(k) door—back, left side,(l) door—back, right side,(m) door—front, left side,(n) door—front, right side,(o) door—hatchback,(p) electronic navigation equipment,(q) engine, engine block and electric drive motor,(r) final drive differential for rear-wheel-drive vehicles,(s) front mudguard—left,(t) front mudguard—right,(u) gearbox, transmission or transaxle for front-wheel-drive vehicles,(v) headlights,(w) instrument cluster, odometer or hour gauge,(x) major body section,(y) seats,(z) vehicle infotainment system, including computers and software.(2) For motor vehicle repairers, the following parts or accessories of a trailer or towable recreation vehicle are also specified parts—(a) air conditioner,(b) awning,(c) axle,(d) brake assembly,(e) door,(f) external window,(g) fridge,(h) water heater.
2 Motor dealers—whole vehicles
(1) A motor dealer must keep a record of the following matters in relation to the acquisition of a motor vehicle—(a) entry number,(b) date of acquisition,(c) how the vehicle was acquired,Examples—consignment, exchange, purchase, trade-in(d) name and address of the person from whom the vehicle was acquired,(e) if the vehicle was acquired from a motor dealer—the motor dealer’s licence number,(f) the following details of the vehicle—(i) make and body type,(ii) model and date of manufacture,(iii) registration number,(iv) engine number,(v) VIN or chassis number,(vi) odometer reading.(2) The motor dealer must also keep a record of the following matters in relation to the disposal of the motor vehicle—(a) date of disposal,(b) how the vehicle was disposed of,(c) if the vehicle was sold on consignment—the trust account entry number for the vehicle,(d) type and serial number of the disposal form that relates to the disposal of the vehicle,(e) cash price at which the vehicle was disposed of,(f) odometer reading,(g) the following details of the person to whom the vehicle was disposed of—(i) the person’s name and address,(ii) if the person is a licence holder—the person’s licence number,(iii) if the person is not a licence holder—(A) the person’s Australian driver licence number, or(B) the person’s passport number and, if the person does not have an Australian passport, the passport’s country of issue, or(C) the person’s Photo Card identification number.
3 Motor vehicle repairers—specified parts, including for trailers or towable recreation vehicles
(1) A motor vehicle repairer must keep a record of the following matters in relation to the acquisition of a specified part—(a) entry number,(b) a description of the part,(c) date of acquisition,(d) how the part was acquired,(e) if the part was purchased—invoice or receipt number for the purchase of the part,(f) if the part was removed from a motor vehicle—the following details of the vehicle—(i) make and body type,(ii) model and date of manufacture,(iii) engine number,(iv) VIN or chassis number,(g) the following details of the person from whom the part was acquired—(i) the person’s name and address,(ii) if the person is a licence holder—the person’s licence number,(iii) if the person is not a licence holder—(A) the person’s Australian driver licence number, or(B) the person’s passport number and, if the person does not have an Australian passport, the passport’s country of issue, or(C) the person’s Photo Card identification number.(2) The motor vehicle repairer must also keep a record of the following matters in relation to the disposal of the specified part—(a) date the part was fitted or disposed of,(b) model and date of manufacture of the part,(c) if the part was fitted to another motor vehicle—the following details of the vehicle—(i) make and body type,(ii) engine number,(iii) VIN or chassis number,(d) name and address of the person to whom the part was disposed of.
4 Motor vehicle recyclers—specified parts
(1) A motor vehicle recycler must keep a record of the following matters in relation to the acquisition of a specified part—(a) entry number,(b) a description of the part,(c) date of acquisition,(d) how the part was acquired, including if the part was salvaged,(e) if the part was removed from a motor vehicle—the following details of the vehicle—(i) make and body type,(ii) model and date of manufacture,(iii) engine number,(iv) VIN or chassis number,(f) the following details of the person from whom the part was acquired—(i) the person’s name and address,(ii) if the person is a licence holder—the person’s licence number,(iii) if the person is not a licence holder—(A) the person’s Australian driver licence number, or(B) the person’s passport number and, if the person does not have an Australian passport, the passport’s country of issue, or(C) the person’s Photo Card identification number.(2) The motor vehicle recycler must also keep a record of the following matters in relation to the disposal of the specified part—(a) date of disposal,(b) how the part was disposed of,(c) receipt number for the disposal,(d) name and address of the person to whom the part was disposed of.
5 Motor vehicle recyclers—whole vehicles
(1) A motor vehicle recycler must keep a record of the following matters in relation to the acquisition of a motor vehicle—(a) entry number,(b) date of acquisition,(c) make and body type,(d) model and date of manufacture,(e) engine number,(f) VIN or chassis number,(g) the following details of the person from whom the vehicle was acquired—(i) the person’s name and address,(ii) if the person is a licence holder—the person’s licence number,(iii) if the person is not a licence holder—(A) the person’s Australian driver licence number, or(B) the person’s passport number and, if the person does not have an Australian passport, the passport’s country of issue, or(C) the person’s Photo Card identification number.(2) The motor vehicle recycler must also keep a record of the following matters in relation to the disposal of specified parts removed from the motor vehicle—(a) a description of the part,(b) date of disposal,(c) details of the part’s disposal, including if the part was disposed of as salvage,(d) the receipt number for the disposal.
Schedule 4 Penalty notice offences
section 63
Provision | Penalty |
Offences under the Act | |
Section 11(1) | $6,600 |
Section 12 | $6,600 |
Section 13 | $6,600 |
Section 15(1) | $550 |
Section 15(1A) | |
(a) for an individual | $550 |
(b) for a body corporate | $2,750 |
Section 15(2) | $550 |
Section 16(1) | $550 |
Section 16(2) | $550 |
Section 17(1) | $550 |
Section 17(2) | $550 |
Section 18(1) | $550 |
Section 18(2) | $550 |
Section 19(1) | $550 |
Section 19(2) | $550 |
Section 19A(1) | $330 |
Section 47(1) | $5,500 |
Section 47(2) | $550 |
Section 48(1) | $330 |
Section 49(1) | $330 |
Section 49(2) | $330 |
Section 52(1) | $5,500 |
Section 53(1) | $5,500 |
Section 53(2) | $5,500 |
Section 57(1) | $550 |
Section 58(1) | $550 |
Section 59 | $550 |
Section 63(2) | $1,100 |
Section 63(3) | $1,100 |
Section 64 | $550 |
Section 66C(1) | $550 |
Section 66C(2) | $550 |
Section 66D | $1,100 |
Section 83(1) | $550 |
Section 89(1) | $550 |
Section 90 | $1,100 |
Section 91 | $1,100 |
Section 92(1) | $1,100 |
Section 94 | $1,100 |
Section 95(1) | $550 |
Section 97(2) | $550 |
Section 97(3) | $550 |
Section 98 | $550 |
Section 99(2) | $1,100 |
Section 99(3) | $1,100 |
Section 99A | $1,100 |
Section 99B(1) | $1,100 |
Section 99B(2) | $1,100 |
Section 100(1) | $1,100 |
Section 102(4) | $5,500 |
Section 103(4) | $550 |
Section 155(a) | $550 |
Section 155(d) | $550 |
Section 184 | $550 |
Offences under this regulation | |
Section 19(2) | $550 |
Section 20(1) | $550 |
Section 21(1) | $550 |
Section 21(2) | $550 |
Section 21(3) | $550 |
Section 24 | $550 |
Section 25 | $550 |
Section 27(3), only in relation to a motor vehicle repairer | $550 |
Section 28(1) | $1,100 |
Section 28(2) | $1,100 |
Section 44(1) | $1,100 |
Section 44(2) | $1,100 |
Section 45 | $1,100 |
Section 50(1) | $1,100 |
Section 50(2) | $1,100 |