Motor Vehicle Repairers Act 2003
Motor Vehicle Repairers Act 2003
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used in this Act2
4.Limitation on imposition of penalties for offences4
5.Repair work, prescription of4
6.Exemptions5
7.Powers of investigation5
8.Authorised officers5
Part 2 — Licensing of motor vehicle repair businesses
Division 1 — Repair businesses to be licensed
9.Licensing requirement7
10.Exceptions to section 97
11.Advertising8
Division 2 — Application for and grant of business licence
12.Term used in this Division8
13.Application requirements9
14.Notification of changes to information provided9
15.Application by individual10
16.Grant of business licence to individual10
17.Application by firm10
18.Grant of business licence to firm10
19.Application by body corporate11
20.Grant of business licence to body corporate11
22.Business licence not to be granted if applicant or other person disqualified12
23.Grounds for refusing a business licence12
24.Form of business licence13
25.Duplicate business licence13
26.Business licence not transferable14
Division 3 — Business licence conditions
27.Conditions may be imposed14
28.Regulations may prescribe conditions and restrictions15
29.Regulations may require licensee to hold insurance policy15
Division 4 — Duration and renewal
30.Duration of business licence15
31.Application for renewal of business licence16
32.Grounds for refusing to renew business licence16
Division 5 — Changes in firm and management of business
33.Loss of member etc., notice to be given17
34.New member in licensed firm17
35.New person in management of corporate member of licensed firm18
36.New person in management of licensed body corporate19
37.Business licence ceases if changes not approved20
38.Offence to make management changes without applying for approval20
Part 3 — Certification of individuals performing repair work
Division 1 — Requirement for certification
39.Individuals carrying out repair work to hold certificate22
40.Falsely holding out23
Division 2 — Certification provisions
41.Application23
42.Grant of repairer’s certificate24
43.Conditions may be attached24
44.Provisional repairer’s certificate25
45.Form of certificate26
46.Duration of certificate26
47.Return of expired provisional certificate27
48.Change of address to be notified by certificate holder27
Part 4 — Provisions applicable to business licences and to certificates
49.False or misleading information28
50.Registers28
51.Inspection of register29
52.Certification of matters in the register29
53.Surrender of business licence or certificate29
54.Certified copy of business licence or certificate30
55.Production of business licence or certificate30
Part 5 — Restrictions on use of premises by licensees
56.Terms used in this Part32
57.Only authorised premises to be used32
58.Business licence application to specify premises that comply with planning laws32
59.Authorisation of premises33
60.Conditional planning certificate may be provided33
61.Changes in authorised premises34
62.Revocation of authority to use premises35
63.Certificate relating to premises to be displayed35
64.Return of certificate35
Part 6 — Disciplinary powers
65.Application of Part37
68.Making of disciplinary orders under Schedule 137
69.Notification of a person’s conviction38
70.Cancellation of business licence on certain grounds39
71.Return of business licence or certificate39
72.Certain offences relating to disqualification40
Part 7 — Appeals
73.Notice of decision to person affected41
75.Appeal by affected person42
77.Appeal procedures42
78.Material to be considered42
79.Relevant matters and burden of proof43
80.Disposition of appeal43
81.Effect of decision or order pending appeal44
82.Position pending appeal where renewal has been refused44
Part 8 — Conciliation of certain disputes
83.Terms used in this Part45
84.Disputes to which this Part applies45
85.Conciliation at request of owner46
86.Conciliation function46
87.Examination of vehicle47
88.Offences relating to conciliation47
Part 9 — Claims for losses in connection with repair work
89.Terms used in this Part48
90.Motor Vehicle Repair Industry Compensation Account48
91.Losses to which this Part applies49
92.Claims for losses50
93.How claim to be determined51
94.No proceedings to be brought52
95.Subrogation where claim allowed52
96.Recovery from directors of body corporate53
Part 10 — Miscellaneous
Division 1 — Infringement notices
97.Terms used in this Division55
98.Prescribed offences55
99.Modified penalties55
100.Giving of notice55
101.Contents of notice56
102.Extension of time56
103.Withdrawal of notice56
104.Benefit of paying modified penalty57
105.No admission implied by payment57
106.Application of penalties collected57
Division 2 — General
107.Motor Vehicle Repair Industry Education and Research Account57
108.Licensee to publicise licensing information59
109.Prohibition of doing business with unlicensed repairers59
110.Liability of directors and officers of body corporate60
111.Confidentiality of information officially obtained61
114.Regulations61
115.Transitional provisions62
Part 11 — Transitional provisions
120.Terms used63
121.Unfinished proceedings by the former Board63
122.Powers in relation to transitional matters64
Schedule 1 — Disciplinary orders
Schedule 2 — Further provisions in respect of disciplinary orders
1.Duration of orders67
2.Limitation on monetary penalty67
3.Recovery of penalties67
Schedule 3 — Transitional provisions
1.Existing repair businesses69
2.Existing repairers70
3.Regulations for transitional matters71
Notes
Compilation table72
Defined Terms
Motor Vehicle Repairers Act 2003
•the licensing of persons whose business involves the carrying out of any prescribed class of motor vehicle repair work;
•the carrying out of such repair work only by, or under the supervision of, individuals who are certified under this Act;
•the payment of compensation for certain losses relating to motor vehicle repair work,
and for related purposes.
[Long title amended by No. 58 of 2010 s. 52.]
This Act may be cited as the Motor Vehicle Repairers Act 2003 1.
(1)This Act comes into operation on a day fixed by proclamation 1.
(2)Different days may be fixed under subsection (1) for different provisions.
(1)In this Act, unless the contrary intention appears —
approved, in relation to a form, means approved by the Commissioner for the purposes of the provision in which the term appears;
authorised officer means an officer designated as such under section 8;
business licence means a business licence granted under section 16, 18 or 20;
certificate means —
(a)a repairer’s certificate; or
(b)a provisional repairer’s certificate;
Commissioner has the meaning given in the Fair Trading Act 2010 section 6;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
Director General means the chief executive officer of the Department;
licensee means the holder of a business licence;
motor vehicle means a vehicle that is propelled wholly or partly by —
(a)any volatile spirit, steam, gas, oil or electricity; or
(b)any other means apart from human or animal power,
and includes a trailer, but does not include —
(c)a vehicle that is constructed or adapted —
(i)for use on a railway or tramway;
(ii)principally for use in primary production; or
(iii)otherwise for use in a manner that does not involve the carriage of persons or goods over public roads;
or
(d)anything that is excluded from this definition by the regulations;
provisional repairer’s certificate means a provisional repairer’s certificate granted under section 44;
regulations means regulations made under section 114;
repair work means any kind of work that is done on or to motor vehicles and that under section 5(1) is prescribed by the regulations to be repair work but does not include any kind of such work that is prescribed by the regulations not to be repair work;
repairer’s certificate means a repairer’s certificate granted under section 42.
(2)References in this Act to repairing or repair work in relation to motor vehicles includes the repairing of any part of, or accessory to, a motor vehicle that has been removed from the vehicle for repair.
(3)If a business licence is granted to 2 or more persons under section 18, references in this Act to the licensee are to those persons jointly, unless a contrary intention appears.
[(4)deleted.]
[Section 3 amended by No. 28 of 2006 s. 111; No. 58 of 2010 s. 53 and 79.]
4.Limitation on imposition of penalties for offences
The power of a court to impose a penalty on a person for an offence against this Act is subject to the limitation in Schedule 2 clause 2(1).
5.Repair work, prescription of
(1)The regulations may prescribe any kind of work that is done on or to motor vehicles to be repair work for the purposes of this Act, including, but not limited to —
(a)examining motor vehicles;
(b)diagnosing and detecting faults in motor vehicles;
(c)adjusting, servicing and maintaining motor vehicles;
(d)overhauling motor vehicles;
(e)replacing components of motor vehicles;
(f)modifying and altering motor vehicles; and
(g)painting or treating the surfaces of motor vehicles.
(2)The regulations may prescribe any kind of work that is done on or to motor vehicles not to be repair work for the purposes of this Act.
(3)For the purposes of Part 2, the regulations may classify repair work.
(4)For the purposes of Part 3, the regulations may classify repair work.
(5)The classification of repair work for the purposes of Part 2 need not be the same as the classification of repair work for the purposes of Part 3.
(1)The regulations may exempt from all or any of the provisions of this Act —
(a)any person or class of persons;
(b)persons carrying on any business or any specified class of business; or
(c)any other class of person, act, matter or thing.
(2)An exemption may be expressed to apply —
(a)generally; or
(b)only in respect of a specified area or specified areas of the State.
(3)The regulations may provide —
(a)for circumstances in which, and conditions subject to which, an exemption is to apply; and
(b)that an exemption is of no effect at any time when any condition to which it is subject is not being observed.
The Fair Trading Act 2010 section 61 and Part 6 of that Act apply to this Act.
[Section 7 inserted by No. 58 of 2010 s. 54.]
(1)The Director General may designate any officer of the Department as an authorised officer for the purposes of this Act.
(2)The Director General is to issue a certificate of authorisation to each person who is designated as an authorised officer under subsection (1).
(3)An authorised officer is to produce the certificate whenever required to do so by a person in respect of whom he or she has exercised, or is about to exercise, any power under this Act.
(4)Production of a certificate referred to in subsection (2) in respect of a person is evidence in any court that the person is duly designated under subsection (1).
Part 2 — Licensing of motor vehicle repair businesses
Division 1 — Repair businesses to be licensed
(1)A person or firm must not carry on a business that consists of or includes the carrying out of repair work of a class prescribed by the regulations except under and in accordance with a business licence for that class of repair work.
Penalty: $50 000 and a daily penalty of $1 000.
(2)For the purposes of this section a business does not include any part of the business that involves work that is not repair work.
(1)Section 9 does not apply to —
(a)a person or firm so far as the person or firm carries out repair work only on motor vehicles owned or used by the person or firm;
(b)a person or firm so far as the person or firm —
(i)holds a licence under the Motor Vehicle Dealers Act 1973; and
(ii)carries out repair work for the purposes of section 34 of that Act, but not otherwise;
or
(c)a person so far as he or she carries out repair work on motor vehicles only in the course of his or her employment with another person.
(2)Section 9 does not apply to a person or firm so far as the person or firm —
(a)in the course of carrying on business under a business licence accepts repair work of a class for which the person or firm does not hold a business licence;
(b)does not advertise or hold out in any way that the person or firm —
(i)carries on; or
(ii)is willing to carry on,
business that consists of or includes the carrying out of that class of repair work; and
(c)by agreement made with a person or firm that holds a business licence for that class of repair work arranges for the repair work to be carried out by that person or firm.
A person or firm must not advertise, or otherwise hold out in any way, that the person or firm —
(a)carries on; or
(b)is willing to carry on,
business that consists of or includes the carrying out of any class of repair work on motor vehicles unless the person or firm holds a business licence for that class of repair work.
Penalty: $50 000.
Division 2 — Application for and grant of business licence
In this Division —
sufficient resources, in relation to a business licence applied for, means —
(a)any tools and equipment that may be prescribed by the regulations in respect of the class of repair work to which the licence applies; and
(b)sufficient material, manpower and financial resources, apart from tools and equipment so prescribed, to carry on business doing the class of repair work to which the licence applies.
(1)This section applies to all applications under this Part.
(2)An application may relate to more than one class of repair work.
(3)An application —
(a)must be —
(i)made in the form approved; and
(ii)accompanied by the fee prescribed,
for the class or classes of repair work to which the application relates; and
(b)must comply with section 58 or that section as varied by section 60.
(4)The applicant must provide the Commissioner with any additional information or document that the Commissioner may ask for.
[Section 13 amended by No. 58 of 2010 s. 79.]
14.Notification of changes to information provided
(1)This section applies if —
(a)an application has been made for a business licence; and
(b)a material change occurs in the information provided in the application before it is granted or refused.
(2)The applicant or applicants must notify particulars of the change in writing to the Commissioner within 14 days after it occurs.
Penalty: $1 500.
[Section 14 amended by No. 58 of 2010 s. 79.]
An application for a business licence may be made to the Commissioner by an individual.
[Section 15 amended by No. 58 of 2010 s. 79.]
16.Grant of business licence to individual
(1)An application made under section 15 may be refused by the Commissioner in accordance with sections 22 and 23.
(2)Subject to subsection (1), the Commissioner must grant a business licence if the application is duly made and the applicant satisfies the Commissioner that he or she —
(a)has reached the age of 18 years;
(b)is a person of good character and repute;
(c)is a fit and proper person to hold the licence applied for;
(d)has sufficient resources; and
(e)has such other qualifications as may be prescribed by the regulations.
[Section 16 amended by No. 58 of 2010 s. 79.]
An application for a business licence may be made jointly to the Commissioner by the 2 or more persons who together constitute a firm.
[Section 17 amended by No. 58 of 2010 s. 79.]
18.Grant of business licence to firm
(1)An application made under section 17 may be refused by the Commissioner in accordance with sections 22 and 23.
(2)Subject to subsection (1), the Commissioner must grant a business licence if the application is duly made and the applicants satisfy the Commissioner that —
(a)each relevant person —
(i)has reached the age of 18 years;
(ii)is a person of good character and repute;
(iii)is a fit and proper person to be concerned in the management or conduct of the business to which the application relates; and
(iv)has such qualifications as may be prescribed by the regulations;
and
(b)the persons who constitute the firm have sufficient resources.
(3)In subsection (2) —
relevant person means an individual —
(a)who is a member of the firm; or
(b)who is concerned in the management or conduct of a body corporate that is a member of the firm.
[Section 18 amended by No. 58 of 2010 s. 79.]
19.Application by body corporate
An application for a business licence may be made to the Commissioner by a body corporate.
[Section 19 amended by No. 58 of 2010 s. 79.]
20.Grant of business licence to body corporate
(1)An application made under section 19 may be refused by the Commissioner in accordance with sections 22 and 23.
(2)Subject to subsection (1), the Commissioner must grant a business licence if the application is duly made and the applicant satisfies the Commissioner that —
(a)each relevant person —
(i)has reached the age of 18 years;
(ii)is a person of good character and repute;
(iii)is a fit and proper person to be concerned in the management or conduct of the business to which the application relates; and
(iv)has such qualifications as may be prescribed by the regulations;
and
(b)the body corporate has sufficient resources.
(3)In subsection (2) —
relevant person means an individual who is concerned in the management or conduct of the body corporate.
[Section 20 amended by No. 58 of 2010 s. 79.]
[21.Deleted by No. 58 of 2010 s. 55.]
22.Business licence not to be granted if applicant or other person disqualified
The Commissioner must refuse to grant a business licence under section 16, 18 or 20 if —
(a)the applicant, or any applicant, is disqualified from holding or obtaining a business licence by an order of the kind described in Schedule 1 item 1; or
(b)a relevant person within the meaning of paragraph (b) of the definition of “relevant person” in section 18(3) or of section 20(3) is disqualified by an order of the kind described in Schedule 1 item 2.
[Section 22 amended by No. 58 of 2010 s. 79.]
23.Grounds for refusing a business licence
(1)The Commissioner may refuse to grant a business licence under section 16, 18 or 20 if there is any ground on which an order could be made under section 68 in respect of —
(a)the applicant or any applicant; or
(b)a person concerned in the management or conduct of a body corporate that is the applicant or one of the applicants,
if he or she were a person to whom Part 6 applies.
(2)The Commissioner cannot refuse to grant a business licence as mentioned in subsection (1) unless the Commissioner has —
(a)conducted an inquiry; and
(b)given the applicant or each applicant an opportunity to show cause why the grant should not be refused.
[Section 23 amended by No. 58 of 2010 s. 79.]
(1)A business licence may be for more than one class of repair work.
(2)Subject to this section, a business licence for a particular class, or particular classes, of repair work is to be in such form as the Commissioner may determine for a business licence of that kind.
(3)In determining the form of a business licence the Commissioner must give effect to section 59(2).
(4)For the purposes of section 108 a business licence must —
(a)bear a number; and
(b)show the name of the business carried on by the licensee.
[Section 24 amended by No. 58 of 2010 s. 79.]
If the Commissioner is satisfied that a business licence has been lost or destroyed the Commissioner may issue a duplicate licence on payment of the prescribed fee.
[Section 25 amended by No. 58 of 2010 s. 79.]
26.Business licence not transferable
A business licence is not transferable except as provided in section 34.
Division 3 — Business licence conditions
(1)The Commissioner may, when granting a business licence, attach any condition or restriction to the licence.
(2)The Commissioner may at any time decide that —
(a)a new condition or restriction is to be attached to an existing business licence; or
(b)a condition or restriction attached to an existing business licence is to be amended or removed.
(3)A decision under subsection (2) does not take effect until a day determined by the Commissioner.
(4)The day so determined cannot be before the Commissioner has —
(a)notified the licensee of the decision; and
(b)given the licensee a reasonable opportunity to make submissions on it either orally or in writing.
(5)The Commissioner may determine that subsection (4) does not apply in the case of a decision to remove a condition or restriction.
(6)If a decision under subsection (2) has taken effect the licensee must, if required by the Commissioner —
(a)produce the licence to the Commissioner for amendment; and
(b)do so within the time specified by the Commissioner.
Penalty: $1 500.
(7)The powers conferred by this section are in addition to the powers described in Schedule 1 item 4.
[Section 27 amended by No. 58 of 2010 s. 79.]
28.Regulations may prescribe conditions and restrictions
The regulations may prescribe conditions and restrictions that are to be taken to be attached to —
(a)all business licences; or
(b)all business licences for a particular class of repair work,
unless otherwise specified in the licence.
29.Regulations may require licensee to hold insurance policy
(1)A condition may be prescribed under section 28 requiring that a licensee take out and maintain, in respect of the business of the licensee, any policy of insurance of a kind specified in the regulations.
(2)The regulations may set out requirements for any policy referred to in subsection (1).
Division 4 — Duration and renewal
30.Duration of business licence
(1)A business licence is to be issued or renewed for a period prescribed by the regulations.
(2)A business licence has effect on and from the day on which it is issued and continues in force until —
(a)if the licence is not renewed from time to time, the expiry of the period prescribed for the purposes of subsection (1);
(b)the licence is surrendered under section 53;
(c)the licence is cancelled under section 70;
(d)the holder or one of the holders is disqualified by an order of the kind described in Schedule 1 item 1; or
(e)the licence ceases to have effect under section 37,
whichever first occurs.
31.Application for renewal of business licence
(1)A licensee may apply to the Commissioner for a renewal of the business licence.
(2)An application for renewal must be made not later than 28 days before the day on which the business licence is due to expire as mentioned in section 30(2)(a).
(3)The application must be —
(a)made in the approved form; and
(b)accompanied by the prescribed fee.
(4)The Commissioner may by notice in writing to the licensee shorten the period referred to in subsection (2), and may do so either before or after the application is required to be made under that subsection.
[Section 31 amended by No. 58 of 2010 s. 79.]
32.Grounds for refusing to renew business licence
(1)The Commissioner may refuse to renew a business licence if there is any ground on which the Commissioner could refuse to grant the licence under section 16, 18 or 20.
(2)If the Commissioner is considering refusing to renew a business licence under subsection (1), the Commissioner must give the licensee the opportunity to give additional information in relation to that application for renewal.
(3)If —
(a)an application for renewal of a business licence has been made; and
(b)the Commissioner considers that —
(i)there is a matter that could constitute a ground for refusing the renewal under subsection (1); but
(ii)there is insufficient time before the licence expires for the Commissioner to give proper consideration to that matter,
the Commissioner may renew the licence in terms that the renewal does not affect the exercise, after the renewal, of the State Administrative Tribunal’s power under section 68 in respect of that matter.
[Section 32 amended by No. 58 of 2010 s. 56 and 79.]
Division 5 — Changes in firm and management of business
33.Loss of member etc., notice to be given
(1)This section applies if, because of the death or resignation of the person or otherwise, one of the following events occurs —
(a)a person ceases to be a member of a firm that holds a business licence;
(b)a person ceases to be a person who is concerned in the management or conduct of a body corporate that is a member of a firm that holds a business licence; or
(c)a person ceases to be a person who is concerned in the management or conduct of a body corporate that holds a business licence.
(2)The licensee concerned must, within 14 days after the event occurs, notify the Commissioner in writing of the event.
Penalty: $2 000.
[Section 33 amended by No. 58 of 2010 s. 79.]
34.New member in licensed firm
(1)This section applies if —
(a)a business licence is held by a firm; and
(b)it is proposed to include a new member in the firm, irrespective of whether an increase in the number of members is involved.
(2)The licensee may apply to the Commissioner for the licence to be amended by including the proposed new member of the firm as one of the licensees.
(3)The application must be made not less than 14 days before the change is to occur.
(4)The Commissioner may refuse to grant an application under subsection (2) only if the Commissioner is satisfied that, if an application were made under section 17 by the persons who are proposed to be the holders of the licence as amended, a business licence would not be granted to them.
(5)Subject to subsection (4), the Commissioner must —
(a)grant an application that is duly made under subsection (2); and
(b)specify a day on which the amendment is to take effect.
[Section 34 amended by No. 58 of 2010 s. 79.]
35.New person in management of corporate member of licensed firm
(1)This section applies if —
(a)a business licence is held by a firm;
(b)one of the licensees is a corporate member of the firm; and
(c)it is proposed to include a new person in the persons who are concerned in the management or conduct of that corporate member, irrespective of whether an increase in the number of such persons is involved.
(2)The Commissioner may, on the application of the licensee, approve any proposed inclusion.
(3)The application must be made not less than 14 days before the inclusion is to occur.
(4)The Commissioner may refuse to give an approval under subsection (2) only if the Commissioner is satisfied that a business licence would not be granted if —
(a)an application for a business licence in respect of the class of repair work concerned were made under section 17;
(b)the corporate member were one of the applicants; and
(c)at the time of the application the persons concerned in the management or conduct of the corporate member were the persons who would be so concerned if the proposed inclusion were approved.
[Section 35 amended by No. 58 of 2010 s. 57 and 79.]
36.New person in management of licensed body corporate
(1)This section applies if —
(a)a business licence is held by a body corporate; and
(b)it is proposed to include a new person in the persons who are concerned in the management or conduct of the body corporate, irrespective of whether an increase in the number of such persons is involved.
(2)The Commissioner may, on the application of the licensee, approve any proposed inclusion.
(3)The application must be made not less than 14 days before the inclusion is to occur.
(4)The Commissioner may refuse to give an approval under subsection (2) only if the Commissioner is satisfied that a business licence would not be granted if —
(a)an application for a business licence in respect of the class of repair work concerned were made under section 19; and
(b)at the time of that application the persons concerned in the management or conduct of the body corporate were the persons who would be so concerned if the proposed inclusion were approved.
[Section 36 amended by No. 58 of 2010 s. 58 and 79.]
37.Business licence ceases if changes not approved
(1)This section applies if the Commissioner refuses —
(a)to grant an application under section 34(2); or
(b)to give an approval under section 35(2) or 36(2).
(2)The business licence ceases to have effect 14 days after the licensee is notified of the refusal unless, within that period —
(a)the licensee notifies the Commissioner in writing that the application to which the refusal relates is withdrawn; or
(b)the licensee makes a further application under section 34, 35 or 36, as the case may be, that is granted by the Commissioner.
(3)The Commissioner may by notice in writing to the licensee extend the period referred to in subsection (2).
(4)As soon as practicable after a business licence ceases to have effect under subsection (2), the person who was the licensee must return to the Commissioner —
(a)the licence; and
(b)any certificate issued to the licensee under section 63(1).
Penalty: $1 500.
[Section 37 amended by No. 58 of 2010 s. 79.]
38.Offence to make management changes without applying for approval
(1)If a business licence is held by a firm, the licensee commits an offence if —
(a)a new member is included in the firm without an application being made under section 34; or
(b)a new person is included in the persons who are concerned in the management or conduct of a body corporate that is a member of the firm without an application being made under section 35.
Penalty: $2 000.
(2)If a business licence is held by a body corporate, the licensee commits an offence if a new person is included in the persons who are concerned in the management or conduct of the body corporate without an application being made under section 36.
Penalty: $2 000.
Part 3 — Certification of individuals performing repair work
Division 1 — Requirement for certification
39.Individuals carrying out repair work to hold certificate
(1)This section applies to —
(a)a person or firm that carries on a business that consists of or includes the carrying out of repair work; and
(b)a person or firm that —
(i)holds a licence under the Motor Vehicle Dealers Act 1973; and
(ii)carries out repair work for the purposes of section 34 of that Act, but not otherwise.
(2)Any —
(a)individual; or
(b)individual member of a firm,
that comes within subsection (1) must not, in connection with the business, personally carry out repair work of a class prescribed by the regulations unless he or she holds a certificate for that class of repair work.
Penalty: $5 000.
(3)Any person or firm that comes within subsection (1) must not permit any other person to carry out any repair work of a class prescribed by the regulations unless the other person —
(a)holds a certificate for that class of repair work; or
(b)carries out the repair work under the supervision of a person who holds a repairer’s certificate for that class of repair work.
Penalty: $5 000.
(4)For the purposes of subsection (3)(b), a person under whose supervision repair work is being carried out is required to exercise effective oversight and control of the carrying out of the work, but need not be continuously present while it is being carried out.
An individual must not hold himself or herself out as the holder of —
(a)a certificate; or
(b)a certificate for a particular class of repair work,
if he or she does not hold a certificate or the relevant certificate.
Penalty: $5 000.
Division 2 — Certification provisions
(1)An application for a repairer’s certificate may be made to the Commissioner by an individual.
(2)An application must be —
(a)made in the approved form; and
(b)accompanied by the prescribed fee.
(3)An application may relate to more than one class of repair work.
(4)Despite subsection (2)(b), the prescribed fee is not payable on an application relating to a class of repair work if —
(a)the applicant held a provisional repairer’s certificate for that class of repair work; and
(b)the application is made not later than 3 months after the expiry date specified in that certificate under section 45(2)(b).
[Section 41 amended by No. 58 of 2010 s. 79.]
42.Grant of repairer’s certificate
(1)The Commissioner must grant a repairer’s certificate applied for under section 41 if the applicant satisfies the Commissioner that he or she —
(a)is a fit person to hold the certificate; and
(b)is sufficiently qualified to carry out each class of repair work to which the application relates.
(2)A person is sufficiently qualified if he or she —
(a)either —
(i)has the qualifications; or
(ii)has passed the examinations,
prescribed by the regulations for the class of repair work concerned; or
(b)either —
(i)has some other qualifications or has passed some other examinations; or
(ii)has experience,
that the Commissioner determines to be sufficient for the class of repair work concerned.
[Section 42 amended by No. 58 of 2010 s. 79.]
(1)The Commissioner may, when granting a repairer’s certificate, attach any condition or restriction to the certificate.
(2)The Commissioner may at any time decide that —
(a)a new condition or restriction is to be attached to an existing repairer’s certificate; or
(b)a condition or restriction attached to an existing repairer’s certificate is to be amended or removed.
(3)A decision under subsection (2) does not take effect until a day determined by the Commissioner.
(4)The day so determined cannot be before the Commissioner has —
(a)notified the holder of the certificate of the decision; and
(b)given him or her a reasonable opportunity to make submissions on it either orally or in writing.
(5)The Commissioner may determine that subsection (4) does not apply in the case of a decision to remove a condition or restriction.
(6)If a decision under subsection (2) has taken effect the holder of the certificate must, if required by the Commissioner —
(a)produce the certificate to the Commissioner for amendment; and
(b)do so within the time specified by the Commissioner.
Penalty: $1 500.
(7)The powers conferred by this section are in addition to the powers described in Schedule 1 item 4.
[Section 43 amended by No. 58 of 2010 s. 79.]
44.Provisional repairer’s certificate
(1)Subsection (2) applies if —
(a)a person has applied under section 41 for a repairer’s certificate;
(b)the Commissioner is satisfied under section 42(1)(a); and
(c)the Commissioner is not satisfied under section 42(1)(b) that the person is sufficiently qualified but is satisfied that the person —
(i)has acquired; or
(ii)is capable of acquiring,
the skills that will enable him or her to become so qualified.
(2)The Commissioner may grant the applicant a provisional repairer’s certificate for the class of repair work concerned subject to any condition or restriction determined by the Commissioner.
(3)A provisional repairer’s certificate is of no effect at any time when any condition or restriction to which it is subject is not being observed.
(4)A provisional repairer’s certificate may relate to more than one class of repair work.
[Section 44 amended by No. 58 of 2010 s. 79.]
(1)Subject to subsection (2), a certificate is to be in a form determined by the Commissioner.
(2)A provisional repairer’s certificate must specify —
(a)the conditions and restrictions to which the certificate is subject; and
(b)the day on which it expires.
[Section 45 amended by No. 58 of 2010 s. 79.]
(1)A repairer’s certificate continues in force until —
(a)it is surrendered under section 53; or
(b)the holder of the certificate is disqualified by an order of the kind described in Schedule 1 item 1.
(2)A provisional repairer’s certificate continues in force until —
(a)it is surrendered under section 53;
(b)the holder of the certificate is disqualified by an order of the kind described in Schedule 1 item 1; or
(c)the day specified in the certificate under section 45(2)(b),
whichever happens first.
47.Return of expired provisional certificate
If a provisional repairer’s certificate has expired, the person who was the holder must, as soon as is practicable after the expiry, return the certificate to the Commissioner.
Penalty: $1 500.
[Section 47 amended by No. 58 of 2010 s. 79.]
48.Change of address to be notified by certificate holder
(1)The holder of a certificate who changes his or her place of residence must give to the Commissioner notice of the address of the new place of residence not later than 14 days after the change occurs.
Penalty: $1 500.
(2)The Commissioner is to enter in the register referred to in section 50(1)(b) particulars of any change notified under subsection (1).
[Section 48 amended by No. 58 of 2010 s. 79.]
Part 4 — Provisions applicable to business licences and to certificates
49.False or misleading information
(1)A person must not in relation to an application to which this section applies 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.
(2)This section applies to —
(a)an application for a business licence or a repairer’s certificate;
(b)an application for the renewal of a business licence; and
(c)an application under section 34, 35, 36 or 61.
(1)The Commissioner must keep —
(a)a register for the purposes of Part 2 recording such particulars and matters relating to business licences as are prescribed; and
(b)a register for the purposes of Part 3 recording such particulars and matters relating to certificates as are prescribed.
(2)The regulations may provide for the form and manner in which a register is to be kept, including for a register to be in the form of information stored on a computer.
(3)Subject to the regulations, a register may be kept in a form and manner determined by the Commissioner.
[Section 50 amended by No. 58 of 2010 s. 79.]
The Commissioner must allow any person, on payment of the prescribed fee —
(a)to inspect a register; and
(b)to take copies of, or extracts from, any part of it.
[Section 51 amended by No. 58 of 2010 s. 79.]
52.Certification of matters in the register
(1)The Commissioner may, on the application of a person, issue to the person a written statement certifying any of the following —
(a)that a person specified in the statement is or was, or is not or was not —
(i)the holder of a business licence or certificate; or
(ii)the holder of a business licence or certificate for a particular class of repair work;
(b)that premises specified in the statement are or were, or are not or were not, authorised under section 59;
(c)the conditions and restrictions that are or were attached to a business licence or certificate;
(d)any other matter appearing in the register.
(2)A statement under subsection (1) may specify the day or days or period on or during which anything referred to in subsection (1) applied.
(3)In all courts and proceedings a statement under this section is evidence of any matter that appears in it.
[Section 52 amended by No. 58 of 2010 s. 79.]
53.Surrender of business licence or certificate
(1)A licensee or the holder of a certificate may surrender the business licence or certificate by —
(a)giving the Commissioner notice in writing to that effect; and
(b)returning the licence or certificate to the Commissioner.
(2)If a business licence is surrendered, the Commissioner is to refund to the former licensee so much (if any) of the fee last paid in respect of the licence as the Commissioner, on application made by the former licensee, determines to be appropriate.
[Section 53 amended by No. 58 of 2010 s. 79.]
54.Certified copy of business licence or certificate
(1)The Commissioner may, on payment of the prescribed fee, issue a certified copy of a business licence or certificate.
(2)In all courts and proceedings a certified copy so issued is evidence of the contents of the business licence or certificate.
(3)A document that purports to be a certified copy of a business licence or certificate issued by the Commissioner is to be taken to be such a copy unless the contrary is proved.
[Section 54 amended by No. 58 of 2010 s. 79.]
55.Production of business licence or certificate
(1)An authorised officer may require a licensee or the holder of a certificate to produce his or her business licence or certificate to the officer.
(2)A request under subsection (1) may only be made —
(a)at premises that are authorised under section 59; or
(b)in the case of the holder of a certificate, at premises where he or she is engaged in carrying out repair work on a motor vehicle.
(3)Any —
(a)licensee; or
(b)holder of a certificate,
to whom a requirement under subsection (1) is addressed must comply with the requirement unless he or she has reasonable excuse for not doing so.
Penalty: $1 500.
Part 5 — Restrictions on use of premises by licensees
In this Part —
mobile premises, in relation to a business, means any motor vehicle from which the business is carried out;
premises, in relation to a business, means any place where the business is carried out or any mobile premises.
57.Only authorised premises to be used
A licensee must not carry on any business to which the business licence relates at or from any premises except under and in accordance with an authorisation under section 59.
Penalty: $5 000.
58.Business licence application to specify premises that comply with planning laws
(1)An application for a business licence must —
(a)specify each of the premises at or from which the applicant proposes to carry on business under the authority of the licence; and
(b)except in the case of mobile premises, be accompanied by a planning certificate or, subject to section 60, with a conditional planning certificate, to the satisfaction of the Commissioner in respect of the premises.
(2)A planning certificate is a certificate —
(a)issued by the authority responsible for planning matters in the district in which the premises are situated; and
(b)showing that the proposed use of the premises will be permitted under the written laws relating to planning that apply in respect of the premises because the proposed use will either —
(i)comply with all relevant requirements of those laws; or
(ii)be a non‑conforming use under those laws.
[Section 58 amended by No. 38 of 2005 s. 15; No. 58 of 2010 s. 79.]
(1)If, in relation to any premises, an application complies with —
(a)section 58; or
(b)that section as varied by section 60,
the Commissioner, if the Commissioner grants the application, must authorise the holder of the business licence to carry on business at or out of those premises under the authority of the licence.
(2)A business licence must include particulars of all premises authorised under subsection (1).
[Section 59 amended by No. 58 of 2010 s. 79.]
60.Conditional planning certificate may be provided
(1)An application, instead of complying with section 58(1)(b), may be accompanied by a conditional planning certificate.
(2)A conditional planning certificate is a certificate —
(a)issued by the authority responsible for planning matters in the district in which the premises are situated; and
(b)showing that the proposed use of the premises would, if any specified consent were given, either —
(i)comply with all relevant requirements of written laws relating to planning that apply in respect of the premises; or
(ii)be a non‑conforming use under those laws.
(3)If an application is accompanied by a conditional planning certificate, the Commissioner, if the Commissioner grants the application, may attach a condition to the business licence that —
(a)the operation of the licence is suspended until the Commissioner is satisfied that all necessary consents have been given; and
(b)the grant lapses if the Commissioner is not so satisfied before the expiry of a period specified by the Commissioner.
[Section 60 amended by No. 38 of 2005 s. 15; No. 58 of 2010 s. 79.]
61.Changes in authorised premises
(1)The Commissioner may on —
(a)the application of the licensee;
(b)except in the case of mobile premises, the production of any planning certificate in terms of section 58(2) that the Commissioner considers necessary; and
(c)payment of the prescribed fee,
at any time approve an alteration or addition to the particulars referred to in section 59(2).
(2)An application under subsection (1) may be accompanied by a conditional planning certificate in terms of section 60(2).
(3)If an application is accompanied by a conditional planning certificate, the Commissioner, if the Commissioner approves the alteration or addition, may attach a condition to the approval that —
(a)it is suspended until the Commissioner is satisfied that all necessary consents have been given; and
(b)it lapses if the Commissioner is not so satisfied before the expiry of a period specified by the Commissioner.
[Section 61 amended by No. 58 of 2010 s. 79.]
62.Revocation of authority to use premises
(1)The Commissioner may make an order revoking an authorisation of premises under section 59, other than mobile premises, if the Commissioner is no longer satisfied that the premises comply with all relevant requirements of written laws relating to planning that apply in respect of the premises.
[(2)deleted.]
(3)The Commissioner cannot make an order under subsection (1) in respect of premises unless the Commissioner has —
(a)conducted an inquiry; and
(b)given the licensee an opportunity to show cause why the order should not be made.
[Section 62 amended by No. 58 of 2010 s. 59 and 79.]
63.Certificate relating to premises to be displayed
(1)The Commissioner must issue a certificate to a licensee for each premises that are included in the business licence in accordance with section 59(2).
(2)The certificate is to state that the licensee is authorised under section 59 to carry on business at or from the premises under the authority of the business licence.
(3)The licensee shall cause a certificate issued under subsection (1) to be displayed in a conspicuous position on the premises to which the certificate applies.
Penalty: $1 500.
[Section 63 amended by No. 58 of 2010 s. 79.]
(1)If the Commissioner makes an order under section 62 in respect of any premises, the Commissioner is to give directions in writing to the licensee as to the return to the Commissioner of the certificate issued under section 63(1) for those premises.
(2)Subject to any order under section 81, the licensee must comply with a direction given under subsection (1).
Penalty: $1 500.
[Section 64 amended by No. 58 of 2010 s. 79.]
[Heading inserted by No. 58 of 2010 s. 60.]
(1)This Part applies to a person if that person is —
(a)a licensee or one of the licensees; or
(b)a person concerned in the management or conduct of a body corporate that is a licensee or one of the licensees; or
(c)the holder of a certificate.
(2)An order cannot be made under this Part in respect of a person unless —
(a)an inquiry has been conducted; and
(b)the person has been given an opportunity to show cause why the order should not be made.
[Section 65 inserted by No. 58 of 2010 s. 61.]
[66, 67.Deleted by No. 58 of 2010 s. 62.]
68.Making of disciplinary orders under Schedule 1
(1)Subject to section 65(2), the State Administrative Tribunal may make one or more of the orders set out in Schedule 1 in respect of a person to whom this Part applies if the person has been found by the State Administrative Tribunal —
(a)to have contravened or failed to comply with —
(i)a provision of this Act; or
(ii)a business licence or certificate or a condition or restriction attached to a business licence or certificate;
(b)to have done or omitted to do any thing, or engaged in any conduct, where in the opinion of the State Administrative Tribunal the act, omission or conduct renders the person unfit —
(i)to be a licensee, or one of the licensees, or the holder of a certificate; or
(ii)to be concerned in the management or conduct of a body corporate that is a licensee or one of the licensees;
or
(c)in the case of the holder of a certificate, to be not competent to carry out the class of repair work to which the certificate applies.
(2)Schedule 2 has effect to make further provision in respect of the orders referred to in subsection (1).
[Section 68 amended by No. 58 of 2010 s. 63.]
69.Notification of a person’s conviction
(1)In this section —
relevant offence means an offence against any law of this State or another State, the Commonwealth or a Territory for which the maximum penalty on conviction is —
(a)a fine of $8 000 or more; or
(b)imprisonment for more than 2 years or for an indeterminate period.
(2)A person to whom this Part applies must —
(a)notify the Commissioner within 7 days after he or she becomes aware that he or she has been convicted of a relevant offence; and
(b)provide the Commissioner with such information about the offence and the conviction as the Commissioner may require.
Penalty: $1 500.
[Section 69 amended by No. 58 of 2010 s. 79.]
70.Cancellation of business licence on certain grounds
Subject to section 65(2), the State Administrative Tribunal may cancel a business licence if it is satisfied that the licensee —
(a)does not have sufficient resources, within the meaning in section 12, for each class of repair work to which the licence applies; or
(b)has ceased to carry on the business to which the licence relates.
[Section 70 amended by No. 58 of 2010 s. 64.]
71.Return of business licence or certificate
(1)If the State Administrative Tribunal makes —
(a)an order under section 70; or
(b)an order of the kind described in Schedule 1 item 1,
in respect of a licensee or the holder of a certificate the State Administrative Tribunal is to give directions in writing to the licensee or holder as to the return to the Commissioner of —
(c)the business licence or certificate; and
(d)any certificate issued to the licensee under section 63(1).
(2)If the State Administrative Tribunal makes an order of the kind described in Schedule 1 item 4 in respect of a business licence or certificate, the State Administrative Tribunal may give directions in writing to the licensee or holder of the certificate as to the production to the Commissioner of the licence or certificate for amendment.
(3)Subject to any order under section 81, the licensee or the holder of the certificate must comply with a direction given under subsection (1) or (2).
Penalty: $1 500.
[Section 71 amended by No. 58 of 2010 s. 65 and 79.]
72.Certain offences relating to disqualification
(1)A person who is subject to an order of the kind described in Schedule 1 item 2 must not contravene or fail to comply with the order.
Penalty: $5 000 and a daily penalty of $100.
(2)A licensee must not, during the period when a person is disqualified by an order of the kind described in Schedule 1 item 1 or 2 —
(a)employ the person in any capacity on premises authorised under section 59; or
(b)allow the person to frequent such premises,
without the prior consent of the Commissioner.
Penalty: $5 000 and a daily penalty of $100.
[Section 72 amended by No. 58 of 2010 s. 79.]
73.Notice of decision to person affected
(1)The Commissioner must give notice of a decision or order to which this section applies, and the reasons for it, to —
(a)the person who made an application for the decision concerned;
(b)the licensee;
(c)the person in respect of whom an order is made under section 68; or
(d)the holder of a certificate,
as the case may require (the affected person).
(2)This section applies to a decision or order of the Commissioner —
(a)refusing an application for —
(i)a business licence or a repairer’s certificate; or
(ii)the renewal of a business licence;
(b)refusing —
(i)to authorise premises under section 59;
(ii)to grant an approval under section 61;
(iii)to amend a business licence under section 34; or
(iv)to approve a proposed change under section 35 or 36;
or
(c)in exercise of the Commissioner’s —
[(i)deleted]
(ii)power under section 62 to revoke an authorisation of premises; or
(iii)powers under Part 2 Division 3 or section 43 or 44 in relation to conditions or restrictions.
(3)This section applies to a decision or order of the State Administrative Tribunal in exercise of its powers under section 68 or 70.
[Section 73 amended by No. 58 of 2010 s. 66 and 79.]
[74.Deleted by No. 58 of 2010 s. 67.]
(1)The affected person under section 73(1) may appeal to the
(2)The appeal must be brought within 30 days after the person received notice under section 73 of the decision or order.
[Section 75 amended by No. 59 of 2004 s. 141.]
[76.Deleted by No. 58 of 2010 s. 68.]
(1)An appeal under this Part is to be brought and dealt with in accordance with the
(2)Subject to the rules of court, the affected person and the Commissioner are entitled to appear or be represented in appeal proceedings under this Part.
(3)If in relation to any matter of practice or procedure there is no provision applicable under subsection (1), the matter is to be dealt with as the Court directs.
[Section 77 amended by No. 59 of 2004 s. 141; No. 58 of 2010 s. 69.]
(1)The Court is to determine an appeal —
(a)on the material that was before the Commissioner or the State Administrative Tribunal; and
(b)on such further evidence or information, either oral or by affidavit, as the Court thinks fit to receive.
(2)For the purposes of subsection (1) the Court may ascertain what material was before the Commissioner or the State Administrative Tribunal on such evidence, statement or record of what occurred before the Commissioner or the State Administrative Tribunal as the Court considers sufficient.
[Section 78 amended by No. 58 of 2010 s. 70.]
79.Relevant matters and burden of proof
(1)In determining an appeal the Court may have regard to all matters that it considers relevant, including the public interest.
(2)It is for the appellant to satisfy the Court that —
(a)the decision or order should be varied or reversed; or
(b)the Court should exercise its powers under section 80(1)(b) or (c).
(1)The Court may —
(a)confirm, vary or reverse the decision or order of the Commissioner or the State Administrative Tribunal; and
(b)replace the decision or order of the Commissioner or the State Administrative Tribunal with its own decision or order; and
(c)remit the matter to the Commissioner or the State Administrative Tribunal for reconsideration with any direction or recommendation it thinks fit; and
(d)make any consequential or ancillary order (including an order for costs) that it thinks appropriate.
(2)If the Court —
(a)varies a decision or order of the Commissioner or the State Administrative Tribunal; or
(b)replaces the decision or order of the Commissioner or the State Administrative Tribunal with its own decision or order,
the decision or order as varied or replaced has effect for the purposes of this Act as if it were the decision or order of the Commissioner or the State Administrative Tribunal.
(3)The determination of an appeal by the Court is final.
[Section 80 amended by No. 58 of 2010 s. 71.]
81.Effect of decision or order pending appeal
The operation or effect of a decision or order is not affected by the bringing of an appeal unless the Court, on an application by the appellant, orders that the operation or effect be suspended —
(a)until the appeal is determined or discontinued; or
(b)until some other time fixed by the Court.
82.Position pending appeal where renewal has been refused
(1)This section applies if —
(a)the Commissioner has decided to refuse an application for the renewal of a business licence; and
(b)under section 81 the Court orders the suspension of that decision.
(2)The Court may further order that the business licence is to be taken to have effect —
(a)until the appeal is determined or discontinued; or
(b)until some other time fixed by the Court,
as if it had been renewed in accordance with the application.
[Section 82 amended by No. 58 of 2010 s. 79.]
Part 8 — Conciliation of certain disputes
In this Part —
licensee includes a former licensee;
owner, in relation to a motor vehicle, includes —
(a)a hirer or lessee of the motor vehicle; and
(b)a former owner of the motor vehicle.
84.Disputes to which this Part applies
(1)This Part applies to a dispute between the owner of a motor vehicle and a licensee about —
(a)whether any particular repair work has been carried out on the vehicle by the licensee;
(b)whether repair work carried out on the vehicle by the licensee has been competently carried out;
(c)the amount charged by the licensee for repair work carried out on the vehicle; or
(d)any other matter relating to the carrying out of repair work on the vehicle by the licensee.
(2)This Part applies to a dispute only if it —
(a)has not been decided by the Commissioner acting under section 37 of the Motor Vehicle Dealers Act 1973 or by a court or tribunal; and
(b)is not the subject of any proceedings.
(3)A dispute is the subject of proceedings as mentioned in subsection (2)(b) if —
(a)the Commissioner has advised the parties under section 36 of the Motor Vehicle Dealers Act 1973 that he or she proposes to determine the dispute; or
(b)proceedings in respect of the issues in dispute are pending before a court or tribunal.
(4)This Part does not apply to a dispute relating to —
(a)repair work carried out; or
(b)any other matter that arose,
before the commencement of this Part.
85.Conciliation at request of owner
(1)The owner of the vehicle concerned may in writing request the Commissioner to act as a conciliator in a dispute to which this Part applies, and the Commissioner may at the Commissioner’s discretion comply with the request.
(2)A request under subsection (1) may be withdrawn at any time and the Commissioner must then stop dealing with the matter.
(3)The Commissioner may appoint an authorised officer to assist it in investigating and conciliating the dispute and, for those purposes, may delegate to such an officer —
(a)any power in relation to the conciliation.
[(b)deleted.]
(4)Anything done under this Part by an authorised officer for the purposes of a conciliation is to be taken to be done by the Commissioner.
[Section 85 amended by No. 58 of 2010 s. 72 and 79.]
(1)The function of the Commissioner as conciliator is to encourage the settlement of the dispute by —
(a)communicating with the owner and the licensee concerned;
(b)arranging discussions between them and assisting in those discussions; and
(c)taking any other step that the Commissioner considers appropriate.
(2)It is not a function of the Commissioner to conduct an arbitration of a dispute.
(3)The Commissioner must not perform the function under subsection (1) if, at any time after a request is made under section 85, the dispute becomes subject to proceedings within the meaning in section 84(3).
[Section 86 amended by No. 58 of 2010 s. 79.]
An authorised officer appointed under section 85(3) may at any reasonable time —
(a)enter premises of the licensee concerned at which the officer reasonably believes the relevant motor vehicle is situated; and
(b)inspect the vehicle.
88.Offences relating to conciliation
(1)A person must not, in relation to a request under section 85, or any attempt at conciliation by the Commissioner, 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.
(2)A person must not without reasonable excuse obstruct or hinder an authorised officer in the exercise of his or her powers under section 87.
Penalty: $5 000.
[Section 88 amended by No. 58 of 2010 s. 79.]
Part 9 — Claims for losses in connection with repair work
In this Part —
Compensation Account means the account referred to in section 90(2);
insolvent means —
(a)in relation to a natural person, being an insolvent under administration as that expression is defined in the Corporations Act 2001 of the Commonwealth;
(b)in relation to a body corporate, being subject to external administration under the Corporations Act 2001 of the Commonwealth;
owner, in relation to a motor vehicle, includes —
(a)a hirer or lessee of the motor vehicle; and
(b)a former owner of the motor vehicle.
[Section 89 amended by No. 77 of 2006 s. 17.]
90.Motor Vehicle Repair Industry Compensation Account
(1)In this section —
prescribed percentage means 1% or such other percentage as may be prescribed by the regulations.
(2)An agency special purpose account called the Motor Vehicle Repair Industry Compensation Account is established under section 16 of the Financial Management Act 2006.
(3)The Compensation Account is to be administered by the Director General.
(4)There are to be credited to the Compensation Account —
(a)in respect of each year, an amount equal to the prescribed percentage of all fees paid under sections 13, 31 and 41 during that year;
(b)moneys recovered by the Commissioner —
(i)in the exercise of the rights and remedies referred to in section 95; or
(ii)under section 96;
(c)moneys borrowed under subsection (6); and
(d)any other moneys lawfully payable to the Compensation Account.
(5)There are to be paid out of the Compensation Account —
(a)all amounts payable under section 93(5);
(b)the costs incurred by the Commissioner in respect of claims under this Part; and
(c)interest on, and amounts required to repay, moneys borrowed under subsection (6).
(6)Moneys may be borrowed from the Treasurer for the purposes of the Compensation Account —
(a)in such amounts as the Treasurer may approve; and
(b)on such terms relating to repayment and payment of interest as the Treasurer imposes.
[Section 90 amended by No. 77 of 2006 s. 17; No. 58 of 2010 s. 79.]
91.Losses to which this Part applies
(1)If a licensee —
(a)carries out repair work on a motor vehicle incompetently; or
(b)fails to complete repair work on a motor vehicle by reason of the licensee or one of the licensees becoming insolvent,
and the owner of the motor vehicle incurs a loss by reason of having to have the repair work remedied or completed, this Part applies to the loss.
(2)This Part does not apply to a loss referred to in subsection (1) that —
(a)relates to —
(i)repair work carried out; or
(ii)a person becoming insolvent,
before the commencement of this Part;
(b)relates to repair work carried out for the purposes of section 34 of the Motor Vehicle Dealers Act 1973; or
(c)was incurred by a person in connection with any repair work carried out by an employee of the person.
(3)This Part does not apply to a loss that consists of loss of profits or income or other losses that arise indirectly from remedying or completing repair work as described in subsection (1).
(4)This Part does not apply so as to allow an insurer of a motor vehicle to make a claim under section 92 in the name of the owner of the vehicle in relation to a loss in connection with the repair of a motor vehicle.
(1)The owner of a motor vehicle who —
(a)has incurred a loss to which this Part applies in connection with the vehicle; and
(b)has taken all reasonable steps to exercise all legal remedies, all rights under insurance policies, and all rights of action, that are available in respect of the loss,
may claim from the Compensation Account —
(c)the amount of the loss; or
(d)the sum of $6 000,
whichever is the less.
(2)The losses incurred by the owner of a motor vehicle in the same circumstances in connection with repair work carried out, or not completed, on the vehicle by a licensee cannot be divided for the purpose of more than one claim being made by the owner.
(3)A claim must be —
(a)made in the approved form and verified by statutory declaration; and
(b)lodged with the Commissioner.
(4)A claimant must provide the Commissioner with such information about the claim as the Commissioner may require.
[Section 92 amended by No. 77 of 2006 s. 17; No. 58 of 2010 s. 79.]
(1)For the purposes of this section a claim is duly made if —
(a)the claimant meets the requirements of section 92; and
(b)the claim has been made in accordance with that section.
(2)If the Commissioner considers that the claim has been duly made the Commissioner may at the Commissioner’s discretion —
(a)determine that the claim should be —
(i)allowed in whole or in part; or
(ii)disallowed;
and
(b)make a recommendation to the Director General accordingly.
(3)On receipt of a recommendation of the Commissioner the Director General may, if he or she considers that the claim has been duly made, at his discretion —
(a)accept the recommendation;
(b)decline to accept the recommendation; or
(c)determine the claim in such manner as he or she thinks fit.
(4)Where the Director General does not accept the recommendation of the Commissioner he or she must inform the Commissioner of the reasons for his or her determination.
(5)The amount of any claim that is allowed is to be paid out of the Compensation Account.
[Section 93 amended by No. 77 of 2006 s. 17; No. 58 of 2010 s. 79.]
94.No proceedings to be brought
(1)A person may not bring proceedings against the Commissioner or the Director General for the recovery of compensation in respect of any loss to which this Part applies.
(2)A determination of the Commissioner or the Director General under section 93 is not liable to be challenged, reviewed or called in question by a court on account of anything that the Commissioner or the Director General has done or failed to do for the purposes of that section.
[Section 94 amended by No. 58 of 2010 s. 79.]
95.Subrogation where claim allowed
(1)On payment of an amount to a claimant out of the Compensation Account (the amount paid), the Director General is subrogated, to the extent of the amount paid, to all the rights and remedies of the claimant against —
(a)the person in relation to whom the claim arose;
(b)any other person incurring any liability to the claimant in relation to the subject matter of the claim; or
(c)any person having legal authority in respect of any estate or assets concerned,
and to the extent of the amount paid the claimant is not entitled to enforce those rights and remedies.
(2)In the enforcement of any rights and remedies referred to in subsection (1) for the purpose of recovering the amount paid, that amount is taken to be a debt due to the Director General and recoverable accordingly.
(3)No form of conveyance or assignment is required for the purposes of subsection (1).
[Section 95 amended by No. 77 of 2006 s. 17.]
96.Recovery from directors of body corporate
(1)This section applies if payment of an amount to a claimant out of the Compensation Account results from —
(a)the act or omission of a body corporate; or
(b)a body corporate becoming insolvent.
(2)The persons who were directors of the body corporate when —
(a)the act or omission occurred; or
(b)the body corporate became insolvent,
are jointly and severally liable to the Director General for the amount paid.
(3)For the purposes of subsection (2) the amount paid is taken to be a debt due to the Director General and recoverable accordingly.
(4)In any proceedings under this section for the recovery of an amount paid as a result of an act or omission, judgment is not to be entered against a defendant who proves that the act or omission occurred without his or her express or implied authority or consent.
(5)Where subsection (2) applies the body corporate is not liable to reimburse a person for any amount that he or she pays to the Director General under this section.
(6)This section does not affect the operation of section 95.
[Section 96 amended by No. 77 of 2006 s. 17.]
Division 1 — Infringement notices
97.Terms used in this Division
In this Division —
authorised officer has the meaning given by section 3(1);
prescribed means prescribed by the regulations;
prescribed offence means an offence prescribed under section 98.
[Section 97 amended by No. 58 of 2010 s. 73.]
The regulations may prescribe offences against this Act for which an infringement notice may be given under section 100.
(1)For each prescribed offence the regulations must prescribe —
(a)a modified penalty; or
(b)a different modified penalty according to the circumstances of the offence.
(2)The modified penalty for an offence cannot exceed 20% of the maximum penalty that could be imposed for that offence by a court.
(1)An authorised officer who has reason to believe that a person has committed a prescribed offence may give an infringement notice to the alleged offender.
(2)The notice must be given within 6 months after the alleged offence is believed to have been committed.
(1)An infringement notice is to be in the prescribed form.
(2)An infringement notice is to —
(a)contain a description of the alleged offence;
(b)specify the amount of the modified penalty for the offence; and
(c)advise the alleged offender that, if he or she does not wish to be prosecuted for the alleged offence in a court, that amount may be paid to the secretary within 28 days after the giving of the notice.
(3)The amount referred to in subsection (2)(b) is to be the amount that was the prescribed modified penalty at the time when the alleged offence is believed to have been committed.
[Section 101 amended by No. 84 of 2004 s. 80.]
(1)The Commissioner may, in a particular case, extend the period of 28 days within which the modified penalty may be paid.
(2)An extension may be granted under subsection (1) either before or after the period of 28 days has elapsed.
[Section 102 amended by No. 58 of 2010 s. 79.]
(1)The Commissioner may withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.
(2)Subsection (1) applies even if the modified penalty has been paid.
(3)If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.
[Section 103 amended by No. 58 of 2010 s. 79.]
104.Benefit of paying modified penalty
(1)This section applies if —
(a)the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed; and
(b)the notice has not been withdrawn.
(2)The payment prevents —
(a)the bringing of proceedings; and
(b)the imposition of penalties,
to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence.
105.No admission implied by payment
Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.
106.Application of penalties collected
An amount paid as a modified penalty is to be dealt with as if it were imposed by a court as a penalty for an offence, unless section 103(3) requires that the amount be refunded.
107.Motor Vehicle Repair Industry Education and Research Account
(1)In this section —
Account means the Motor Vehicle Repair Industry Education and Research Account established by subsection (2);
prescribed percentage means 1% or such other percentage as may be prescribed by the regulations;
purposes of the Account means —
(a)education or research in respect of; or
(b)any public purpose connected with,
repair work.
(2)An agency special purpose account called the Motor Vehicle Repair Industry Education and Research Account is established under section 16 of the Financial Management Act 2006.
(3)The Account is to be administered by the Director General.
(4)There are to be credited to the Account —
(a)in respect of each year, an amount equal to the prescribed percentage of all fees paid under sections 13, 31 and 41 during that year; and
(b)any moneys borrowed under subsection (8).
(5)The Commissioner may recommend to the Director General that moneys standing to the credit of the Account be applied for or towards the purposes of the Account.
(6)The Director General must give due weight to, but is not bound to follow, a recommendation under subsection (5).
(7)Subject to subsections (5) and (6), the Director General may apply moneys standing to the credit of the Account for or towards the purposes of the Account.
(8)Moneys may be borrowed from the Treasurer for the purposes of the Account —
(a)in such amounts as the Treasurer may approve; and
(b)on such terms relating to repayment and payment of interest as the Treasurer imposes.
(9)The Account is charged with —
(a)interest on; and
(b)amounts required to repay,
moneys borrowed under subsection (8).
[Section 107 amended by No. 77 of 2006 s. 17; No. 58 of 2010 s. 79.]
108.Licensee to publicise licensing information
A licensee must cause the business name shown in the business licence and the number of the licence to appear —
(a)in a conspicuous position on the outside of every premises authorised under section 59 in respect of the licence;
(b)on every quote, invoice, statement of account, business letter, official notice, publication, order for goods, or receipt, issued by the licensee in the course of business; and
(c)in every advertisement published by or on behalf of the licensee.
Penalty: $1 500.
109.Prohibition of doing business with unlicensed repairers
(1)In this section —
unlicensed repairer means a person or firm that is required to, but does not, hold a business licence for the class of repair work concerned.
(2)A person or firm that carries on a business that consists of or includes the carrying out of any class of repair work on a motor vehicle must not —
(a)enter into an agreement for any repair work to be carried out by a person or firm that is an unlicensed repairer; or
(b)do any act which assists, or is intended to assist, a person or firm that is an unlicensed repairer to carry on a business that consists of or includes the carrying out of any class of repair work on a motor vehicle.
Penalty: $5 000.
(3)An insurer of a motor vehicle —
(a)must not —
(i)enter into an agreement; or
(ii)require the owner of the motor vehicle to enter into an agreement,
for any repair work to be carried out on the vehicle by a person or firm that is an unlicensed repairer;
(b)must not specify in a contract of insurance that any repair work be carried out by a particular person or firm if that person or firm is an unlicensed repairer; or
(c)must not do any act which assists, or is intended to assist, a person or firm that is an unlicensed repairer to carry on a business that consists of or includes the carrying out of any class of repair work on a motor vehicle.
Penalty: $5 000.
110.Liability of directors and officers of body corporate
(1)If —
(a)a body corporate at any time contravenes a provision of this Act; and
(b)a person who was at that time —
(i)a director of the body corporate; or
(ii)an officer concerned in its management,
authorised or permitted the contravention,
that person is taken to have contravened the same provision.
(2)A person referred to in subsection (1) may be proceeded against and convicted under a provision whether or not the body corporate has been proceeded against or convicted under that provision.
(3)A person referred to in subsection (1) may be convicted in the proceedings in which the body corporate is convicted if —
(a)the prosecutor so requests; and
(b)the court is satisfied that the person had reasonable notice that the prosecutor intended to make the request.
[Section 110 amended by No. 84 of 2004 s. 80.]
111.Confidentiality of information officially obtained
The Fair Trading Act 2010 section 112 applies to information obtained for the purposes of this Act.
[Section 111 inserted by No. 58 of 2010 s. 74.]
[112, 113.Deleted by No. 58 of 2010 s. 75.]
(1)The Governor may make regulations prescribing all matters that —
(a)are required or permitted to be prescribed; or
(b)are necessary or convenient to be prescribed,
for giving effect to the purposes of this Act.
(2)Without limiting subsection (1), the regulations may make provision for or in relation to —
(a)the manner and form in which licensees are to quote for repair work;
(b)the manner and form in which repair work is to be authorised by the owner of a motor vehicle;
(c)advertising by licensees;
(d)the records and documents that are to be kept by licensees;
(e)the display of business licences and certificates; and
(f)the conduct of licensees and their employees and agents in respect of the business to which the business licence applies.
(3)Without limiting subsection (1), the regulations may —
(a)create offences; and
(b)provide for a penalty not exceeding $2 000 for the commission of an offence.
Schedule 3 has effect to make transitional provisions.
[116.Deleted by No. 58 of 2010 s. 76.]
[Part 11 (s. 117) deleted by No. 58 of 2010 s. 77.]
Part 11 — Transitional provisions
[Heading inserted by No. 58 of 2010 s. 77.]
In this Part —
commencement day means the day on which the Acts Amendment (Fair Trading) Act 2010 Part 5 comes into operation;
the former Board means the Motor Vehicle Industry Board established by the Motor Vehicle Dealers Act 1973 section 7 prior to the commencement day.
[Section 120 inserted by No. 58 of 2010 s. 77.]
121.Unfinished proceedings by the former Board
(1)Proceedings before the former Board that are not complete at the commencement day —
(a)are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)are to continue under the direction and control of the Commissioner.
(2)Proceedings before the State Administrative Tribunal or another court commenced by allegation against a licensed motor vehicle dealer or repairer brought by the former Board that are not complete at the commencement day —
(a)are taken to have been commenced by an allegation by the Commissioner for the purposes of the Act; and
(b)are to continue under the direction and control of the Commissioner.
[Section 121 inserted by No. 58 of 2010 s. 77.]
122.Powers in relation to transitional matters
(1)The Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to transitional matters consequential upon the enactment of the Acts Amendment (Fair Trading) Act 2010 Part 5.
(2)In subsection (1) —
transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the commencement day to this Act as amended by the Acts Amendment (Fair Trading) Act 2010.
(3)Regulations made under subsection (1) may provide that specific provisions of a written law —
(a)do not apply; or
(b)apply with specific modifications,
to or in relation to any matter.
(4)Regulations made under subsection (1) must be made within 12 months after the commencement day.
(5)If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.
(6)In subsection (5) —
specified means specified or described in the regulations.
(7)If regulations contain a provision referred to in subsection (5), the provision does not operate so as —
(a)to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or
(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
[Section 122 inserted by No. 58 of 2010 s. 77.]
Schedule 1 — Disciplinary orders
[s. 68]
1.An order disqualifying a person from holding or obtaining, whether solely or jointly —
(a)a business licence or certificate; or
(b)a business licence or certificate for any particular class of repair work,
whether or not at the time when the order is made the person is the holder of a business licence or certificate.
2.An order disqualifying a person from being concerned in the management or conduct of a body corporate that is the holder, or a joint holder, of a business licence, whether or not at the time when the order is made the person is so concerned.
3.Subject to Schedule 2 clause 2, an order that a person pay a penalty not exceeding —
(a)$1 500 in the case of a person who is or was the holder of a certificate; or
(b)$5 000 in the case of a person who is or was a licensee or one of joint licensees.
4.An order —
(a)attaching conditions or restrictions to a business licence or certificate; or
(b)amending a condition or restriction attached to a business licence or certificate.
5.An order reprimanding or cautioning a person.
Schedule 2 — Further provisions in respect of disciplinary orders
[s. 68]
An order under Schedule 1 item 1 or 2 may be made to have effect —
(a)for a period specified in the order; or
(b)until a further order is made by the State Administrative Tribunal or a court.
[Clause 1 amended by No. 58 of 2010 s. 78.]
2.Limitation on monetary penalty
(1)The powers described in Schedule 1 item 3 and the powers of a court to impose a penalty for an offence against this Act must not both be exercised in respect of an act, omission or conduct of a person that is substantially the same.
(2)A penalty that exceeds the relevant maximum fine cannot be imposed under the powers described in Schedule 1 item 3.
(3)In subclause (2) —
relevant maximum fine means, if the penalty is to be imposed in respect of an act, omission or conduct that constitutes an offence against this Act, the maximum fine that could be imposed by a court for that offence.
(1)An amount payable by a person under an order referred to in Schedule 1 item 3 may be recovered by the Director General as a debt in a court of competent jurisdiction to the extent that it remains unpaid after any time specified by the State Administrative Tribunal for payment.
(2)If an amount referred to in subclause (1) has not been paid by a person after any time specified by the State Administrative Tribunal for payment, the State Administrative Tribunal may —
(a)treat the non‑payment as an omission to which section 68(1)(b) applies; and
(b)make an order described in Schedule 1 item 1 or 2 against the person in respect of that omission.
[Clause 3 amended by No. 58 of 2010 s. 78.]
Schedule 3 — Transitional provisions
[s. 115]
(1)This clause applies to a person or firm if —
(a)immediately before the commencement of section 9 the person or firm was carrying on a business that consisted of, or included, the carrying out of any class of repair work on motor vehicles; and
(b)after that commencement that class of repair work is prescribed by the regulations under section 5(3) for the purposes of Part 2.
(2)A person or firm that —
(a)comes within subclause (1); and
(b)carries on business after the commencement of section 9 that involves any class of repair work referred to in subclause (1)(b),
is to be treated, during the transition period, as if he, she or they were the holder or holders of a business licence for that class of repair work.
(3)The transition period for a person or firm, in relation to any class of repair work, is from the commencement of section 9 —
(a)until the expiry of 12 months after that commencement;
(b)until a business licence is granted to the person or firm for that class of repair work; or
(c)until the grant of a business licence to the person or firm for that class of repair work has been refused and either —
(i)the time for appeal against the refusal under section 75 has expired without an appeal being brought; or
(ii)an appeal has been brought but has been unsuccessful,
whichever happens first.
(4)For the purposes of subclause (3)(c) an appeal against a refusal is unsuccessful if —
(a)it results in the refusal being confirmed; or
(b)it is withdrawn, discontinued or dismissed for want of prosecution.
(1)Despite section 39 but subject to subclauses (2) and (3), a person or any member of a firm referred to in section 39(1) may, until the expiry of 12 months after the commencement of section 39 —
(a)personally carry out any class of repair work on a motor vehicle in connection with the business without holding a certificate for that class of repair work; or
(b)permit another person to carry out any class of repair work on a motor vehicle without the other person holding a certificate for that class of repair work.
(2)A person is not authorised by subclause (1)(a) to carry out any repair work if —
(a)he or she has been refused a repairer’s certificate, and is not granted a provisional repairer’s certificate, for that class of repair work; and
(b)either —
(i)the time for appeal against the refusal under section 75 has expired without an appeal being brought; or
(ii)an appeal has been brought but has been unsuccessful.
(3)Another person cannot be permitted to carry out any repair work as mentioned in subclause (1)(b) if —
(a)the person has been refused a repairer’s certificate, and is not granted a provisional repairer’s certificate, for that class of repair work; and
(b)either —
(i)the time for appeal against the refusal under section 75 has expired without an appeal being brought; or
(ii)an appeal has been brought but has been unsuccessful.
(4)For the purposes of subclauses (2)(b) and (3)(b) an appeal against a refusal is unsuccessful if —
(a)it results in the refusal being confirmed; or
(b)it is withdrawn, discontinued or dismissed for want of prosecution.
3.Regulations for transitional matters
(1)The regulations may make provision for any transitional matter for which there is no sufficient provision in this Schedule.
(2)If in the opinion of the Minister an anomaly arises in the carrying out of any provision of this Schedule, the regulations may —
(a)modify that provision to remove the anomaly; and
(b)make such provision as is necessary or expedient to carry out the intention of that provision.
(3)Regulations may be made for the purposes of this clause to have effect from the commencement of this Act.
(4)To the extent that a provision of any such regulation has effect on a day that is earlier than the day of its publication in the Gazette, the provision does not operate so as —
(a)to affect, in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of publication; or
(b)to impose liabilities on any person (other than the State) in respect of anything done or omitted to be done before the day of publication.
(5)In subclause (1) —
transitional matter means a matter or thing necessary or convenient to provide for the change from the written law, as in force before the commencement of this Act, to the written law as in force after that commencement.
1This is a compilation of the Motor Vehicle Repairers Act 2003 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 |
||||
|
Motor Vehicle Repairers Act 2003 |
68 of 2003 |
9 Dec 2003 |
s. 1‑2: 9 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) |
||||
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 |
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)) |
||||
|
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. 16 3 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
||||
|
Financial Legislation Amendment and Repeal Act 2006 s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
||||
|
Reprint 1: The Motor Vehicle Repairers Act 2003 as at 8 Feb 2008 (includes amendments listed above except those in the Motor Vehicle Repairers Act 2003 s. 4, Pt. 2 and 5, Pt. 6 (other than s. 65 and 69), Pt. 8, Pt. 9 (other than s. 89 and 90), s. 108 and 109, Sch. 1 and 2 and Sch. 3 cl. 1) |
|||||||
|
Reprint 2: The Motor Vehicle Repairers Act 2003 as at 3 Oct 2008 (includes amendments listed above except the Motor Vehicle Repairers Act 2003 s. 3(4) and 85(3)(b)) |
|||||||
|
Acts Amendment (Fair Trading) Act 2010 Pt. 5 5 |
58 of 2010 |
8 Dec 2010 |
s. 54: 1 Jan 2011 (see s. 2(c) and Gazette 24 Dec 2010 p. 6805); |
||||
3The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 23 (other than s. 151) (as amended by Acts Amendment (Fair Trading) Act 2010 s. 184) reads as follows:
“
Division 23 — Transitional provisions
[151.Deleted by No. 58 of 2010 s. 184.]
152.Commissioner for Corporate Affairs and Registrar of Co‑operative and Financial Institutions
(1)A thing done or omitted to be done by, to or in relation to, the Commissioner for Corporate Affairs before commencement under, or for the purposes of, the Companies (Co‑operative) Act 1943 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
(2)A thing done or omitted to be done by, to or in relation to, the Registrar of Co‑operative and Financial Institutions before commencement under, or for the purposes of, the Co‑operative and Provident Societies Act 1903 has the same effect after commencement as if it had been done or omitted by, to or in relation to, the Registrar as defined in that Act as in force after commencement.
153.Consumer Affairs Act 1971
Each office in existence immediately before commencement because of section 15(1) of the Consumer Affairs Act 1971 does not cease merely because that subsection is repealed by this Act.
154.Petroleum Products Pricing Act 1983
Each office in existence immediately before commencement because of section 5(2)(b) of the Petroleum Products Pricing Act 1983 does not cease merely because that paragraph is deleted by this Act.
155.Interpretation
In this Division —
commencement means the time at which this Division comes into operation;
Commissioner for Fair Trading means the Commissioner for Fair Trading referred to in section 15 of the Consumer Affairs Act 1971 as in force before commencement;
Prices Commissioner means the Prices Commissioner referred to in section 5(1) of the Petroleum Products Pricing Act 1983 as in force before commencement.
”.
4Sections 3(4) & 85(3)(b) of this Act had not come into operation when it was deleted by the Acts Amendment (Fair Trading) Act 2010 s. 53(4) and 72(b).
5The amendment in the Acts Amendment (Fair Trading) Act 2010 s. 178 will not come into operation (see s. 2(b)(i)).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
affected person73(1)
amount paid95(1)
approved3(1)
authorised officer3(1), 97
business licence3(1)
certificate3(1)
commencement day120
Commissioner3(1)
Compensation Account89
Court75(1)
Department3(1)
Director General3(1)
insolvent89
licensee3(1), 83
mobile premises56
motor vehicle3(1)
owner83, 89
premises56
prescribed97
prescribed offence97
prescribed percentage90(1), 107(1)
provisional repairer’s certificate3(1)
purposes of the Account107(1)
regulations3(1)
relevant maximum fineSch. 2, cl. 2(3)
relevant offence69(1)
relevant person18(3), 20(3)
repair work3(1)
repairer’s certificate3(1)
specified122(6)
sufficient resources12
the former Board120
transitional matter122(2), Sch. 3, cl. 3(5)
unlicensed repairer109(1)