Motor Car Traders and Fair Trading Acts (Amendment) Act 2005

Motor Car Traders and Fair Trading Acts (Amendment) Act 2005

Act No. 91/2005

table of provisions

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Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of Motor Car Traders Act1986

3.Dealings book

4.Documents available for inspection

5.Specified persons to produce documents and answer questions

6.Simplified procedure concerning proof that person traded in motor cars

Part 3—Amendment of Fair Trading Act 1999

7.Orders against persons found to have contravened this Act

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Endnotes

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Victoria

No. 91 of 2005

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Motor Car Traders and Fair Trading Acts (Amendment) Act 2005[†]

[Assented to 29 November 2005]

Act No. 91/2005

Motor Car Traders and Fair Trading Acts (Amendment) Act 2005

Act No. 91/2005

Motor Car Traders and Fair Trading Acts (Amendment) Act 2005

The Parliament of Victoriaenacts as follows:

Part 3—Amendment of Fair Trading Act 1999

Motor Car Traders and Fair Trading Acts (Amendment) Act 2005

Act No. 91/2005

Part 1—Preliminary

1.Purposes

The purposes of this Act are—

(a)to amend the Motor Car Traders Act 1986 to facilitate the use of an electronic dealings book and to simplify record keeping requirements and evidentiary procedures; and

(b)to amend the Fair Trading Act 1999 to clarify the orders a court can make under thatAct.

2.Commencement

s. 2

(1)Section 1, this section and Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation before 1December2006, it comes into operation on that day.

______

See:
Act No.
104/1986.
Reprint No. 5
as at
10 December 2003
and amending
Act Nos
103/2004, 108/2004 and 18/2005.
LawToday:

dpc.vic.
gov.au

Part 2—Amendment of Motor Car Traders Act1986

3.Dealings book

s. 3

(1) Section 35(4) of the Motor Car Traders Act 1986 is repealed.

(2)For section 35(8) of the Motor Car Traders Act 1986 substitute—

"(8)It is sufficient compliance with sub-section(2)(b) if—

(a)a motor car trader keeps a paper document—

(i)that identifies in the prescribed manner the name and address of the person from whom the motor car was acquired and that is signed as prescribed; or

(ii)if a used motor car is acquired by the motor car trader at auction, that identifiesin the prescribedmanner the name and address of the auctioneer and that is signed as prescribed; and

(b)the dealings book identifies that document in relation to that transaction in the prescribed manner; and

(c)the motor car trader stores that paper document with all the other documents required under this Act to be kept in relation to that transaction.".

(3) After section 35(8) of the Motor Car Traders Act 1986 insert—

"(9) If a dealings book is kept in an electronically readable formand the motor car trader does not comply with sub-section (8) in relation to a transaction, then for the purposes of sub-section (2), the motor car trader must ensure that—

(a)the entries relating to a transaction are copied on to paper; and

(b) the paper is then signed as prescribed; and

4.Documents available for inspection

s. 4

After section 82A(2) of the Motor Car Traders Act1986insert—

"(3) Despite sub-section (1), if a licensed motor car trader carries on business as a motor car trader at more than one premises and keeps a dealings book in anelectronically readable form under section35, the motor car trader may keep the dealings book on a singleelectronic database if—

(a)the record of each transaction in the dealings book clearly indicates the premisesthat the transaction relates to; and

(b)the record of each transaction relating to particular premises in the dealings book is readily accessible from those premises; and

(c)all paper documents relating to a transaction are kept together at the premisesto which the transaction relates.".

5.Specified persons to produce documents and answer questions

s. 5

After section 82AA(1) of the Motor Car Traders Act1986insert—

"(1A) Without limiting sub-section (1), if a document required to be produced under sub-section (1)(c) is, or is part of, a dealings book kept under section 35 in an electronically readable form, the inspector may require the document to be provided in a readily accessible form—

(a)electronically; or

(b) in a paper form produced by a computer.

(1B) If a person produces a document referred to in sub-section (1A), the person must also provide the inspector with a prescribed statement verifying that the document provided is a true record of the dealings book at the date of the statement.".

6.Simplified procedure concerning proof that person traded in motor cars

(1)In section 85A(1) of the Motor Car Traders Act1986, for "In any hearing of a charge for an offence against section 7, a statement by the prosecutor or the informant" substitute "In a prescribed class of hearing a statement by a relevant person".

(2)After section 85A(2) of the Motor Car Traders Act1986 insert—

'(3) In this section—

"prescribed class of hearing" means—

(a)a hearing of a charge for an offence against section 7; or

(b)a hearing in a proceeding under a provision of the Fair Trading Act 1999 as applied by section 82I of this Act;

"relevant person" means—

(a)in the case of a hearing of a charge for an offence against section 7, the prosecutor or the informant; and

s. 6

(b)in any other case, the Director.'.

______

See:
Act No.
16/1999.
Reprint No. 2
as at
30 August 2004
and amending
Act Nos
103/2004, 108/2004 and 18/2005.
LawToday:

dpc.vic.
gov.au

Part 3—Amendment of Fair Trading Act 1999

7.Orders against persons found to have contravened this Act

s. 7

In section 158 of the Fair Trading Act 1999—

(a)in sub-section (1) omit "(including one ormore of the orders set out in sub-section(2))"; and

(b)in sub-section (2), for "The orders that can be made by the court are—" substitute "Without limiting sub-section (1), the ordersthat may be made under this section include—".

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Motor Car Traders and Fair Trading Acts (Amendment) Act 2005

Act No. 91/2005

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 5 October 2005

Legislative Council: 20 October 2005

The long title for the Bill for this Act was "to amend the Motor Car Traders Act 1986 and the Fair Trading Act 1999 and for other purposes."