Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Motor Vehicle Dealers Act
1973 and includes the amendments made by the other written laws referred to
in the following table 1a. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
101 of 1973 |
28 Dec 1973 |
s. 1-3 and 5-13: 15 Feb 1974 (see s. 2
and Gazette 15 Feb 1974 p. 375);
|
|
|
Acts Amendment (Road Traffic) Act 1974
Pt. III |
58 of 1974 |
3 Dec 1974 |
29 Aug 1975 (see s. 2 and Gazette
29 Aug 1975 p. 3085) |
|
Motor Vehicle Dealers Act Amendment
Act 1975 |
74 of 1975 |
14 Nov 1975 |
9 Jan 1976 (see s. 2 and Gazette
9 Jan 1976 p. 2) |
|
Motor Vehicle Dealers Act Amendment
Act 1976 |
66 of 1976 |
22 Sep 1976 |
22 Sep 1976 |
|
Reprint of the Motor Vehicle Dealers Act 1973
approved 14 Dec 1978 (includes amendments listed
above) |
|||
|
Motor Vehicle Dealers Act Amendment
Act 1979 |
49 of 1979 |
7 Nov 1979 |
1 Jan 1980 (see s. 2 and Gazette
21 Dec 1979 p. 3909) |
|
Motor Vehicle Dealers Amendment
Act 1981 |
87 of 1981 |
26 Nov 1981 |
Act other than s. 15 and 16: 26 Nov 1981 (see
s. 2(1)); |
|
Acts Amendment (Traffic Board) Act 1981
Pt. III |
106 of 1981 |
4 Dec 1981 |
2 Feb 1982 (see s. 2 and Gazette
2 Feb 1982 p. 393) |
|
Motor Vehicle Dealers Amendment
Act 1982 |
6 of 1982 |
6 May 1982 |
1 Aug 1982 (see s. 2 and Gazette
16 Jul 1982 p. 2713) |
|
Motor Vehicle Dealers Amendment Act
(No. 2) 1982 |
68 of 1982 |
6 Oct 1982 |
6 Oct 1982 |
|
Reprint of the Motor Vehicle Dealers Act 1973
approved 1 Feb 1983 (includes amendments listed above) |
|||
|
Acts Amendment (Consumer Affairs) Act 1985
Pt. V |
1 of 1985 |
8 Mar 1985 |
s. 24 and 25: 6 Apr 1983 (see s. 2(1));
|
|
Acts Amendment (Public Sector Management) Act 1994
s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Business Licensing Amendment Act 1995
Pt. 7 3 |
56 of 1995 |
20 Dec 1995 |
1 Jan 1996 (see s. 2(3)) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 68(4) |
79 of 1995 |
16 Jan 1996 |
18 May 1996 (see s. 3(2) and
Gazette 14 May 1996 p. 2019) |
|
Reprint of the Motor Vehicle Dealers Act 1973 as
at 14 Nov 1996 (includes amendments listed above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 39(10) and 90 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997
(see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 53 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Motor Vehicle Dealers Amendment
Act 2002 4 |
4 of 2002 |
4 Jun 2002 |
s. 1 and 2:
4 Jun 2002; |
|
Motor Vehicle Dealers Amendment
Act 2003 5, 6 |
73 of 2003 |
15 Dec 2003 |
s. 1 and 2:
15 Dec 2003; |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004
Pt. 2 Div. 86 7 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 4: The Motor Vehicle Dealers Act 1973 as
at 17 Jun 2005 (includes amendments listed above) |
|||
|
Limitation Legislation Amendment and Repeal
Act 2005 s. 23 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2(1)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 4 Div. 15 8 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Consumer Protection Legislation Amendment and Repeal
Act 2006 Pt. 7 |
69 of 2006 |
13 Dec 2006 |
14 Jul 2007 (see s. 2 and Gazette
13 Jul 2007 p. 3453) |
|
Financial Legislation Amendment and Repeal Act 2006
Sch. 1 cl. 109 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 5: The Motor Vehicle Dealers Act 1973 as
at 11 May 2007 (includes amendments listed above except those in
the Consumer Protection Legislation Amendment and Repeal Act
2006) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 94 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s.
57 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Acts Amendment (Fair Trading) Act 2010 Pt. 4
9 |
58 of 2010 |
8 Dec 2010 |
s. 36: 1 Jan 2011 (see s. 2(b)(ii) and
Gazette 24 Dec 2010 p. 6805); |
|
Personal Property Securities (Consequential Repeals and
Amendments) Act 2011 Pt. 4 Div. 7 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth
Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov
2011) |
|
Reprint 6: The Motor Vehicle Dealers Act 1973 as
at 6 Jan 2012 (includes amendments listed above except those in
the Personal Property Securities (Consequential Repeals and Amendments)
Act 2011) |
|||
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Motor Vehicle Dealers Amendment Act 2003
s. 20 and 21 6 |
73 of 2003 |
15 Dec 2003 |
To be proclaimed (see s. 2) |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 35 10 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 The Motor Vehicle Dealers Act 1973 s. 40 did
not come into operation and was repealed by the Motor Vehicle Dealers
Amendment Act 2002 s. 62.
3 The Business Licensing Amendment Act 1995 s. 38 is
a transitional provision that is of no further effect.
4 The
Motor Vehicle Dealers Amendment Act 2002 Pt. 7 reads as
follows:
Part 7 —Transitional
provisions
In this Part —
the principal Act means the Motor Vehicle Dealers
Act 1973.
74. Licence
applications in progress
(1) If, before the commencement of section 6, 7 or 8 of this Act, an
application for the grant or renewal of a dealer’s licence, yard
manager’s licence or salesman’s licence —
(a) has been made; but
(b) has not been determined,
the application is to be determined as if Part 2 of this Act had not
been enacted.
(2) If, before the commencement of
section 10 of this Act, an application —
(a) has been made by a person, by persons constituting a firm or by a body
corporate for the grant or renewal of a car market operator’s licence;
but
(b) has not been determined,
the application is to be taken to be an application by the person,
persons or body corporate to be registered as a car market operator under
section 17B of the principal Act as in force after the commencement of
section 10.
(1) This section applies where a person, persons constituting a firm, or a
body corporate held a dealer’s licence under the principal Act (the
existing licence) immediately before the commencement of section 6
of this Act.
(2) The person, the persons constituting the firm, or the body corporate
is or are to be taken on that commencement to hold a dealer’s licence for
each class or description of business prescribed by regulations referred to in
section 5A of the principal Act.
(3) Subject to the principal Act, the licence referred to in
subsection (2) continues in force —
(a) until the expiry of the period stated in the existing licence;
and
(b) on the same terms and conditions as applied to that licence.
76. Existing car
market operator’s licence
(1) This section applies where a person, persons constituting a firm, or a
body corporate held a car market operator’s licence under the principal
Act immediately before the commencement of section 10 of this
Act.
(2) The person, the persons constituting the firm, or the body corporate
is or are to be taken on that commencement —
(a) to be registered as a car market operator under section 17B of
the principal Act; and
(b) subject to the principal Act, to be so registered until the expiry of
the period stated in the licence.
77. Premises
covered by existing certificate of registration
(1) Where immediately before the commencement of section 16 of this
Act a certificate of registration is in force under section 21 of the
principal Act in respect of premises at which a dealer carries on business, the
premises are to be taken after that commencement to be authorised premises under
the principal Act in relation to that dealer.
(2) Where immediately before the commencement of section 17 of this
Act a certificate of registration is in force under section 21B of the
principal Act in respect of premises that are provided for a car market by a car
market operator, the premises are to be taken after that commencement to be
authorised premises under the principal Act in relation to that car market
operator.
78. Existing
grounds for disciplinary action
The powers of the Board under section 20(1) of the principal Act
inserted by section 16 of this Act may be exercised in relation to acts,
omissions and conduct that occurred before or after the commencement of
section 16.
79. Time limit for
prosecution of existing offences
Section 52(4) of the principal Act applies to an offence
committed before the commencement of subsection (2) of section 51 of
this Act as if that subsection had not been passed.
80. Application
of Part III, Division 2
Division 2 inserted in Part III of the principal Act by
section 57 of this Act does not apply to a consignment agreement (as
defined in section 32A of the principal Act) that was entered into before
the commencement of section 57.
81. Dealer’s
obligation to repair
(1) Sections 34 to 34G inserted in the principal Act by
section 59 of this Act do not apply to a second-hand vehicle that was sold
before the commencement of section 59.
(2) Section 34 of the principal Act repealed by section 59 of
this Act continues to apply, despite the repeal, to second-hand vehicles sold by
a dealer before the commencement of section 59.
82. Application of
section 42A
Section 42A of the principal Act inserted by section 63 of this
Act does not apply to a contract or agreement for the sale of a vehicle that was
entered into before the commencement of section 63.
83. Further
transitional provision may be made
(1) The Governor may make regulations —
(a) amending or supplementing the transitional provisions made by this
Part; or
(b) making further transitional provisions,
for the purpose of providing an effective and efficient transition from
the principal Act as in force before the commencement of any provision of this
Act to the principal Act as amended by this Act.
(2) Regulations under subsection (1) may have effect before the day
on which they are published in the Gazette.
(3) To the extent that a regulation under subsection (1) has effect
before the day of its publication in the Gazette, it does
not —
(a) affect in a manner prejudicial to any person the rights of that person
existing before the day of its publication; or
(b) impose liabilities on any person in respect of anything done or
omitted to be done before the day of its publication.
5 The Motor Vehicle Dealers Amendment Act 2003
s. 25 and 26 read as follows:
25. Transitional provision: membership of Board
The persons who were members of the Motor Vehicle Dealers Licensing Board
immediately before the commencement of section 10 cease to hold office on
that commencement.
26. Transitional provisions: change of title of Board
(1) This section relates to the amendment made by section 9(1) which
changes the title of the body established by section 7 of the Motor
Vehicle Dealers Act 1973 from the “Motor Vehicle Dealers
Licensing Board” to the “Motor Vehicle Industry
Board”.
(2) The change of title of the body does not affect —
(a) its corporate identity;
(b) any right, power, or obligation of the body;
(c) any proceedings in progress; or
(d) anything previously done by, to or in respect of the body.
(3) On and after the commencement of this Act a reference to the
“Motor Vehicle Dealers Licensing Board” in any instrument (including
any subsidiary legislation) is to be construed, unless the context otherwise
requires, as if the reference had been amended to be a reference to the
“Motor Vehicle Industry Board”.
6 On the date as at which this compilation was prepared, the
Motor Vehicle Dealers Amendment Act 2003 s. 20 and 21 had not
come into operation. They read as follows:
20. Part III Division 5 Subdivision 1 heading
inserted
Before section 36 the following heading is
inserted —
“ Subdivision 1 — Resolution of disputes
”.
21. Part III Division 5 Subdivision 2 inserted
After section 38 the following Subdivision is
inserted —
“
Subdivision 2 — Conciliation of
disputes
39. Definition
In this Subdivision —
dealer includes a former dealer.
39A. When section 39B applies
(1) Section 39B applies if —
(a) a dispute has arisen between a purchaser and a dealer as to any matter
described in section 36(a), (b), (c) or (d); and
(b) the dispute —
(i) has not been decided by the Commissioner acting under section 37,
or by a court or tribunal; and
(ii) is not the subject of any proceedings.
(2) A dispute is the subject of proceedings as mentioned in
subsection (1)(b)(ii) if —
(a) the Commissioner has advised the parties under section 36 that he
proposes to determine the dispute; or
(b) proceedings in respect of the issues in dispute are pending before a
court or tribunal.
(3) Section 39B does not apply to a dispute relating
to —
(a) a dealer’s obligations in respect of a second-hand vehicle that
was sold; or
(b) any other matter that arose,
before the commencement of section 21 of the Motor Vehicle
Dealers Amendment Act 2003.
39B. Conciliation by Board at request of purchaser
(1) The purchaser of the vehicle concerned may in writing request the
Board to act as a conciliator in a dispute to which this section applies, and
the Board may at its discretion comply with the request.
(2) A request under subsection (1) may be withdrawn at any time and
the Board must then stop dealing with the matter.
(3) The Board may appoint an authorised officer to assist it in the
conciliation and may delegate any power in relation to the conciliation to such
an officer.
(4) Anything done by an authorised officer for the purposes of a
conciliation is to be taken to be done by the Board.
39C. Conciliation function
(1) The function of the Board as conciliator is to encourage the
settlement of the dispute by —
(a) communicating with the purchaser and the dealer;
(b) arranging discussions between them and assisting in those discussions;
and
(c) taking any other step that it considers appropriate.
(2) It is not a function of the Board to conduct an arbitration of a
dispute.
(3) The Board must not perform the function under subsection (1) if,
at any time after a request is made under section 39B(1), the dispute
becomes subject to proceedings within the meaning in
section 39A(2).
39D. Examination of vehicle
An authorised officer appointed under section 39B(3) may at any
reasonable time —
(a) enter premises of the dealer concerned at which the officer reasonably
believes the relevant motor vehicle is situated; and
(b) inspect the vehicle.
39E. False or misleading information
A person must not, in relation to a request under section 39B(1), or
any attempt at conciliation by the Board, give information orally or in writing
that the person knows to be —
(a) false or misleading in a material particular; or
(b) likely to deceive in a material way.
Penalty: $5 000.
7 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
8 The Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 4 Div. 23 has transitional provisions some of
which may be relevant to this Act.
9 The amendments in the Acts Amendment (Fair Trading) Act
2010 s. 177 will not come into operation (see s. 2(b)(i)).
10 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 35 had
not come into operation. It reads as follows:
Division
35 — Motor Vehicle Dealers Act 1973
amended
This Division amends the Motor Vehicle Dealers
Act 1973.
143. Section 5
amended
(1) In section 5(1) in the definition of demonstration
vehicle paragraph (a) delete “that is licensed under the
provisions of the Road Traffic Act 1974 in the name of” and
insert:
in respect of which a licence has been granted under the Road Traffic
(Vehicles) Act 2012 to
(2) In section 5(2)(a) delete “within the meaning given thereto
by the Road Traffic Act 1974; and” and insert:
as defined in the Road Traffic (Administration) Act 2008
section 4; and
144. Section 28A
amended
In section 28A(2) delete “for the vehicle issued under the
Road Traffic Act 1974.” and insert:
granted in respect of the vehicle under the Road Traffic (Vehicles)
Act 2012.
145. Section 33
amended
In section 33(3)(e) delete “where the vehicle is not then
licensed under the Road Traffic Act 1974,” and
insert:
if a licence has not been granted in respect of the vehicle under the
Road Traffic (Vehicles) Act 2012,
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
accused 52(3)
approved 5(1)
authorisation 5(1)
authorised
officer 5(1)
authorised premises 5(1), 27(1a)(b)
“built
date” shown on the vehicle 34F(4)
buying or selling 5(1)
camper
van 5(4)
car hire operator 5(1)
car market 5(1)
car market
operator 5(1)
cash price 5(1)
category 1 vehicle 34C(1)
category 2
vehicle 34C(1)
certificate of registration 5(1)
collateral credit
agreement 41A(7)
commencement day 57
Commissioner 5(1)
compliance
plate 34F(4)
consignment agreement 28(12),
32A
consignor 32A
dealer 5(1), 27(1a)
dealer’s
licence 5(1)
defect 28(12)
defective 28(12)
demonstration
vehicle 5(1)
Department 5(1)
designated
official 55A(1)
financier 5(1)
former
Board 57
grant 5(1)
hire-purchase
agreement 5(1)
hold 5(1)
inspecting
officer 28(12)
liability 57
licence 5(1)
model
designation 5(1)
motor cycle 5(4)
other
person 53(1)
owner 28(12)
passenger car 5(4)
passenger car
derivative 5(4)
person aggrieved 22(2)
prescribed
amount 45(4)
registered company auditor 32I(2)
relevant maximum
fine 20B(3)
relevant person 17C(4)
residual assets 63(b)
reviewable
decision 22(2)
right 57
sale 5(1)
salesperson 5(1),
27(1a)(a)
salesperson’s licence 5(1)
second-hand
vehicle 5(1a)
section 5(1)
security
interest 32A
sell 5(1)
sold 5(1)
specified 65(6)
sufficient
knowledge of this Act 15(6)
sufficient resources 15(6)
trade
owner 5(1)
trade-in 32D(2)
transitional matter 65(2)
trust
account 32A
vehicle 5(2) and (3), 34C(1)
yard manager 5(1),
27(1a)(a)
yard manager’s licence 5(1)
year of first
registration 5(1)
year of manufacture 5(1)