- Motor Dealers and Repairers Act 2013 No 107
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Licences
- Division 1 Offences
- 10 Definition
- 11 Unlicensed motor dealers
- 12 Unlicensed motor vehicle repairers
- 13 Unlicensed motor vehicle recyclers
- 14 No offence if partner holds licence
- 15 Repair work must be done by licensed motor vehicle repairers
- 16 Repair work must be done by holder of tradesperson’s certificate
- 17 Holding out
- 18 Transfer or loan of tradesperson’s certificate
- 19 Production of licences and certificates
- Division 2 Licences generally
- Division 3 Grant and refusal of licence applications
- Division 4 Terms of licences
- Part 3 Disciplinary provisions
- Division 1 Grounds for disciplinary action
- 38 Grounds for disciplinary action—all licences
- 39 Additional grounds for disciplinary action—motor dealers’ licences, motor vehicle repairers’ licences and motor vehicle recyclers’ licences
- 39A Members of partnerships or officers of bodies corporate
- 40 Additional grounds for disciplinary action—tradespersons’ certificates
- Division 2 Disciplinary process
- Part 4 Obligations relating to sale, recycling and repair of motor vehicles
- Division 1 Sale of motor vehicles generally
- 48 Motor vehicles must be sold at licensed premises
- 49 Failure to disclose being motor dealer
- 50 Representations and other Acts by employees or agents of motor dealers
- 51 Misrepresentations about manufacture, registration or model of motor vehicle
- 52 Odometer tampering
- 53 Devices to facilitate odometer tampering
- 54 Suspected odometer tampering
- Division 2 Inspection report and number-plate requirements
- Division 3 Dealers’ notices
- Division 4 Defects in motor vehicles sold by motor dealers
- 67 Definitions
- 68 Dealer guarantee for defective vehicles
- 69 Limitation periods
- 70 Variation of distance and time limits by regulation
- 71 Enforcement of dealer guarantee
- 72 Motor vehicles for which there is no dealer guarantee
- 73 Damage not covered by dealer guarantee
- 74 No dealer guarantee for second-hand motor vehicles where defect notice and inspection report attached
- 75 Other motor dealer not liable
- 76 Motor dealer liable for loss or damage during guarantee repairs
- 77 Effect on Australian Consumer Law remedies
- Division 5 Dealer-financed purchases of motor vehicles
- 78 Application of Division to dealer-financed purchases
- 79 Definitions
- 80 Cooling off period for dealer-financed purchases
- 81 Right to terminate contract during cooling off period
- 82 Waiver of cooling off period
- 83 Motor dealer may not dispose of trade-in during cooling off period
- 84 Obligations of motor dealer on termination
- 85 Obligations of purchaser on termination
- 86 Return of motor vehicles
- 87 Termination of tied loan contracts
- Division 6 Sales of motor vehicles on consignment
- 88 Definitions
- 89 Motor dealer must notify consignment sales
- 90 Trust account to be established
- 91 Payment of consignment sale amounts to trust account
- 92 Application of money in dealer’s trust account
- 93 Protection of authorised deposit-taking institutions from liability
- 94 Period for accounting to consignor
- 95 Audit of dealer’s trust account
- 96 Special audit of dealer’s trust account
- Division 7 Obligations of motor vehicle recyclers
- Division 8 Record keeping obligations
- Division 9 Suspicious goods
- Division 10 Motor vehicle brokers’ obligations
- Part 5 Remedies relating to conduct by motor dealers, motor vehicle repairers and motor vehicle recyclers
- Division 1 Unjust conduct by motor dealers, motor vehicle repairers and motor vehicle recyclers
- Division 2 Disputes
- Division 3 Rescission of motor vehicle sales and other orders
- 115 Definitions
- 116 Conferral of jurisdiction on courts
- 117 Rescission orders
- 118 Rescission orders after findings of guilt
- 119 Difficulty of restoring position no bar to rescission order
- 120 Effect of rescission orders on rights
- 121 Secretary and others have right to be heard before rescission order
- Division 4 Penalties for unlicensed motor dealers and motor vehicle recyclers
- Division 5 Administration of motor dealers and motor vehicle recyclers
- 126 Definitions
- 127 Appointment of administrator for holder of licence
- 128 Appointment of administrator for former holder of licence
- 129 Notification of appointment of administrator
- 130 Functions of administrator
- 131 Obstruction of administrator
- 132 Vacation of office by administrator
- 133 Revocation of appointment of administrator
- 134 Transfer of property under administration after revocation
- 135 Transfer of property under administration after vacation without revocation
- 136 Orders to provide for payment of administrator’s costs
- 137 Power of Supreme Court to make certain orders
- 138 Person entitled to be heard
- 139 Improper withdrawal of money etc
- 140 Application to Supreme Court for directions
- Part 6 Unfair contracts and unjust conduct affecting motor dealers
- 141 Definitions
- 142 Unfair contracts
- 143 Unjust conduct
- 144 Complaints to Small Business Commissioner
- 145 Applications to Tribunal about unfair supply contracts and unjust conduct
- 146 Declarations by Tribunal
- 147 Orders by Tribunal if term declared unfair or conduct declared unjust
- 148 Operation of other laws
- Part 7 Enforcement and offences
- Part 8 Motor Dealers and Repairers Compensation Fund
- 164 Meaning of “failure to account” by motor dealer
- 165 Motor Dealers and Repairers Compensation Fund
- 166 Money payable to Compensation Fund
- 167 Money payable from Compensation Fund
- 168 Matters for which claims may be made
- 169 Making of claims
- 170 Determination of claims
- 171 Certification of loss
- 172 Review of claim determinations
- 173 Subrogation
- 174 Recovery of payments from directors
- 175 Deferral of Compensation Fund payments
- Part 9 Miscellaneous
- 176 Administrative reviews by Civil and Administrative Tribunal
- 177 Register of licences
- 178 Disclosure of information
- 179 Saving of rights and remedies under other law
- 180 Contracting out void
- 181 No indemnity for motor dealers by previous owners
- 182 Provision of information
- 183 False or misleading register entries
- 184 Tender of documents for signature
- 185 Service of documents
- 186 Regulations
- 187 Delegation
- 188 Exclusion of personal liability
- 189 Act to bind Crown
- 190 (Repealed)
- 191 Review of Act
- Schedule 1 Administration of businesses
- Schedule 2 Savings, transitional and other provisions
- Schedule 3 (Repealed)
- Historical notes
Motor Dealers and Repairers Act 2013 No 107
Current
version
for 1 December 2023
to date
(accessed 20 May 2024 at 07:32)
Status information
Currency of version
Current
version
for 1 December 2023
to date
(accessed 20 May 2024 at 07:32)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)
Motor Dealers and Repairers Amendment Act 2023 No 28, Sch 1[1] [4] [18]–[21] [23]–[25] [27] [28] [33] [37]–[52] [54]–[56] [58] [59] and [63] (not commenced)
Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)
Motor Dealers and Repairers Amendment Act 2023 No 28, Sch 1[1] [4] [18]–[21] [23]–[25] [27] [28] [33] [37]–[52] [54]–[56] [58] [59] and [63] (not commenced)
Responsible Minister
Minister for Better Regulation and Fair Trading
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.