Western Australian Consolidated Acts

MOTOR VEHICLE DEALERS ACT 1973

TABLE OF PROVISIONS

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   5.      Terms used  
   5A.     Classes of business and categories of licence  
   5B.     Some persons taken to be dealers  
   6.      Investigation powers

   PART II -- Licensing, registration, powers and offences

           Division 2 -- Licensing and registration  

   15.     Vehicle dealer’s licence, application for and grant of  
   16.     Yard manager’s licence, application for and grant of  
   17.     Salesperson’s licence, application for and grant of  
   17B.    Car market operator, registration as  
   17C.    Power to refuse registration under s. 17B or renewal of registration  
   17D.    Person cannot be both registered car market operator and licensee  
   18.     Grounds for refusing to grant or renew authorisation  
   18A.    Conditions etc. on licences  
   19.     Duration and renewal of authorisations  
   19A.    Surrender of authorisation  
   20.     Allegations Commissioner may make to SAT  
   20A.    Orders SAT may make on s. 20(1) allegation  
   20B.    Limitations on s. 20A(4) powers  
   20BA.   Orders SAT may make on s. 20(2) or (3) allegation  
   20C.    SAT may suspend authorisation in some cases  
   20D.    Disqualified persons, offences as to  
   20E.    Dealer’s licence, applications for to specify premises etc.  
   20F.    Authorised premises of dealer, approving changes to  
   20G.    Certificate for dealer’s authorised premises, issue and display of  
   20H.    Special occasions, permits for  
   21.     Dealer’s premises and advertisements to show name and number  
   21A.    Car market operator registration, application for to specify premises etc.  
   21B.    Authorised premises of car market operator, approving changes to  
   21C.    Certificate for car market operator’s premises, issue and display of  
   21D.    Car market operator’s premises and advertisements to show name and number  
   22.     Review of certain decisions by SAT, applying for  
   22A.    Licence or certificate of registration to be returned if cancelled etc.  
   23.     Changes to particulars on licence or registration, Commissioner to be notified etc.  
   24.     Register of authorisations etc.; evidentiary provisions

           Division 3 -- Record-keeping and notification of authorities  

   25.     Register to be kept by licence holders etc.  
   26.     Transactions in second-hand vehicles, vehicle licensing authority to be notified of

           Division 4 -- Powers to inspect vehicles and order remedial work  

   27.     Second-hand vehicles, powers of police etc. to inspect etc., where to be kept by dealers etc.  
   28.     Defects in second-hand vehicle, powers of police etc. to order remediation of  
   28A.    Number plates, how to be returned under s. 28(2)(b)(ii)  
   29.     Unroadworthy vehicles, restrictions on sale of

           Division 5 -- Offences: unlicensed dealing etc.  

   30.     Unlicensed dealing etc., offences as to  
   31.     Exemptions from this Act, powers to grant  
   31A.    Yard managers must be licensed, offence  
   31B.    Salespersons must be licensed, offence  
   31C.    Unlicensed person not to be employed  
   31D.    Car market operators must be registered and premises authorised, offence

   PART III -- Dealings in second-hand vehicles

           Division 1 -- Preliminary  

   32.     Application of this Part

           Division 2 -- Sales on consignment  

   32A.    Terms used  
   32B.    Consignment agreements, requirements for  
   32C.    Dealer selling on consignment to have trust account  
   32D.    Payments to trust account  
   32E.    Withdrawals from trust account  
   32F.    Financial institutions, liabilities and rights in relation to trust accounts  
   32G.    Payment to consignor  
   32H.    Dealers to keep accounts etc.  
   32I.    Audit of trust account required annually  
   32J.    Special audit of trust account, Commissioner may order  
   32K.    Restraining banks etc. from dealing with dealer’s account, SAT’s powers as to  
   32L.    Deceased dealer, SAT may restrain use of trust account of etc.  
   32M.    Discharging or varying orders under s. 32K or 32L  
   32N.    SAT’s additional powers as to s. 32K, 32L and 32M orders; schemes for distributing funds  
   32O.    Service of s. 32K, 32L, 32M or 32N orders  
   32P.    Regulations about trust accounts

           Division 3 -- Obligation to display particulars of vehicle  

   33.     Particulars of second-hand vehicles, notice of to be displayed on etc.

           Division 4 -- Obligation to repair certain defects  

   34.     Dealer’s duty to repair certain defects in sold vehicles  
   34A.    Vehicles covered by obligation to repair  
   34B.    Defects for which dealer responsible  
   34C.    Period after sale during which dealer responsible for defects in vehicles other than motor cycles  
   34D.    Period after sale during which dealer responsible for defects in motor cycles  
   34E.    Certain periods excluded for s. 34C and 34D  
   34F.    Age of vehicle, how reckoned for s. 34A and 34C  
   34G.    Excluding vehicles from this Division, Minister’s powers for  
   35.     Excluded defects

           Division 5 -- Disputes  

   36.     Certain disputes between purchasers and dealers, Commissioner may intervene in  
   37.     Disputes, Commissioner’s powers to determine etc.  
   37A.    Enforcing s. 37 orders  
   37B.    Determinations under s. 37, effect and review of  
   38.     Dispute may be dealt with by Magistrates Court

   PART IIIA -- Obligations of car market operators  

   40A.    Car market operator liable for certain losses  
   40B.    Title of and defects in second-hand vehicle, notice about to be displayed on

   PART IV -- Miscellaneous  

   41.     Undesirable practices, offence to carry out  
   41A.    Rescission of sale, Magistrates Court may order on Commissioner’s application  
   41B.    Demonstration vehicles, application of Act’s obligations to  
   42.     Representation by employee of dealer, effect of  
   42A.    Contracts etc. for sale of vehicles by dealer, form and content of  
   43.     Value of vehicle or thing traded in  
   44.     Documents tendered for signature to be complete  
   45.     Acts with intent to deceive, offences as to  
   46.     Implied conditions in some contracts etc. for sale  
   47.     Other rights or remedies not affected by this Act  
   48.     Rights conferred by this Act cannot be waived without official consent  
   49.     No indemnity for dealer  
   49A.    No indemnity for car market operator  
   50.     Confidentiality of information officially obtained  
   51.     Annual reports of Department, content of  
   52.     Offences, limitation period for and court’s powers as to  
   53.     Yard manager’s liability for offences under s. 28 and 31B by others  
   54.     Dealer’s liability for offences by employees etc.  
   55.     Offences by corporations  
   55A.    Infringement notices  
   56.     Regulations

   PART V -- Miscellaneous transitional matters  

   57.     Terms used  
   58.     Former Board abolished  
   59.     References to former Board  
   60.     Immunity continues  
   61.     Unfinished investigations by former Board  
   62.     Unfinished proceedings by former Board  
   63.     Winding-up by former Board  
   64.     Final report by former Board  
   65.     Regulations about transitional matters
           
           
[Reprinted under the Reprints Act 1984 as at 6 January 2012]
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