Western Australian Consolidated Acts

MOTOR VEHICLE REPAIRERS ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   4.      Limitation on imposition of penalties for offences  
   5.      Repair work, prescription of  
   6.      Exemptions  
   7.      Powers of investigation  
   8.      Authorised officers

   PART 2 -- Licensing of motor vehicle repair businesses

           Division 1 -- Repair businesses to be licensed  

   9.      Licensing requirement  
   10.     Exceptions to section 9  
   11.     Advertising

           Division 2 -- Application for and grant of business licence  

   12.     Term used in this Division  
   13.     Application requirements  
   14.     Notification of changes to information provided  
   15.     Application by individual  
   16.     Grant of business licence to individual  
   17.     Application by firm  
   18.     Grant of business licence to firm  
   19.     Application by body corporate  
   20.     Grant of business licence to body corporate  
   22.     Business licence not to be granted if applicant or other person disqualified  
   23.     Grounds for refusing a business licence  
   24.     Form of business licence  
   25.     Duplicate business licence  
   26.     Business licence not transferable

           Division 3 -- Business licence conditions  

   27.     Conditions may be imposed  
   28.     Regulations may prescribe conditions and restrictions  
   29.     Regulations may require licensee to hold insurance policy

           Division 4 -- Duration and renewal  

   30.     Duration of business licence  
   31.     Application for renewal of business licence  
   32.     Grounds for refusing to renew business licence

           Division 5 -- Changes in firm and management of business  

   33.     Loss of member etc., notice to be given  
   34.     New member in licensed firm  
   35.     New person in management of corporate member of licensed firm  
   36.     New person in management of licensed body corporate  
   37.     Business licence ceases if changes not approved  
   38.     Offence to make management changes without applying for approval

   PART 3 -- Certification of individuals performing repair work

           Division 1 -- Requirement for certification  

   39.     Individuals carrying out repair work to hold certificate  
   40.     Falsely holding out

           Division 2 -- Certification provisions  

   41.     Application  
   42.     Grant of repairer’s certificate  
   43.     Conditions may be attached  
   44.     Provisional repairer’s certificate  
   45.     Form of certificate  
   46.     Duration of certificate  
   47.     Return of expired provisional certificate  
   48.     Change of address to be notified by certificate holder

   PART 4 -- Provisions applicable to business licences and to certificates  

   49.     False or misleading information  
   50.     Registers  
   51.     Inspection of register  
   52.     Certification of matters in the register  
   53.     Surrender of business licence or certificate  
   54.     Certified copy of business licence or certificate  
   55.     Production of business licence or certificate

   PART 5 -- Restrictions on use of premises by licensees  

   56.     Terms used in this Part  
   57.     Only authorised premises to be used  
   58.     Business licence application to specify premises that comply with planning laws  
   59.     Authorisation of premises  
   60.     Conditional planning certificate may be provided  
   61.     Changes in authorised premises  
   62.     Revocation of authority to use premises  
   63.     Certificate relating to premises to be displayed  
   64.     Return of certificate

   PART 6 -- Disciplinary powers  

   65.     Application of Part  
   68.     Making of disciplinary orders under Schedule 1  
   69.     Notification of a person’s conviction  
   70.     Cancellation of business licence on certain grounds  
   71.     Return of business licence or certificate  
   72.     Certain offences relating to disqualification

   PART 7 -- Appeals  

   73.     Notice of decision to person affected  
   75.     Appeal by affected person  
   77.     Appeal procedures  
   78.     Material to be considered  
   79.     Relevant matters and burden of proof  
   80.     Disposition of appeal  
   81.     Effect of decision or order pending appeal  
   82.     Position pending appeal where renewal has been refused

   PART 8 -- Conciliation of certain disputes  

   83.     Terms used in this Part  
   84.     Disputes to which this Part applies  
   85.     Conciliation at request of owner  
   86.     Conciliation function  
   87.     Examination of vehicle  
   88.     Offences relating to conciliation

   PART 9 -- Claims for losses in connection with repair work  

   89.     Terms used in this Part  
   90.     Motor Vehicle Repair Industry Compensation Account  
   91.     Losses to which this Part applies  
   92.     Claims for losses  
   93.     How claim to be determined  
   94.     No proceedings to be brought  
   95.     Subrogation where claim allowed  
   96.     Recovery from directors of body corporate

   PART 10 -- Miscellaneous

           Division 1 -- Infringement notices  

   97.     Terms used in this Division  
   98.     Prescribed offences  
   99.     Modified penalties  
   100.    Giving of notice  
   101.    Contents of notice  
   102.    Extension of time  
   103.    Withdrawal of notice  
   104.    Benefit of paying modified penalty  
   105.    No admission implied by payment  
   106.    Application of penalties collected

           Division 2 -- General  

   107.    Motor Vehicle Repair Industry Education and Research Account  
   108.    Licensee to publicise licensing information  
   109.    Prohibition of doing business with unlicensed repairers  
   110.    Liability of directors and officers of body corporate  
   111.    Confidentiality of information officially obtained  
   114.    Regulations  
   115.    Transitional provisions

   PART 11 -- Transitional provisions  

   120.    Terms used  
   121.    Unfinished proceedings by the former Board  
   122.    Powers in relation to transitional matters
           SCHEDULE 1 -- Disciplinary orders
           SCHEDULE 2 -- Further provisions in respect of disciplinary orders  
           SCHEDULE 3 -- Transitional provisions  
           Compilation table