Motor Vehicle Traders Regulations 2022
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Motor Vehicle Traders Regulations 2022
Motor Vehicle Traders Regulations 2022
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the
Motor Vehicle Traders Act 2011 . 28 February 2022 B. BAKER Governor By Her Excellency's Command, ELISE ARCHER Minister for Workplace Safety and Consumer Affairs
1.
Short title
These regulations may be cited as the
Motor Vehicle Traders Regulations 2022 .
2.
Commencement
These regulations take effect on 28 February 2022.
3.
Interpretation
In these regulations
Act
means the
Motor Vehicle Traders Act 2011 .
4.
Exemption for the Public Trustee
The Public Trustee, within the meaning of the
Public Trustee Act 1930 , is exempt from the operation of
section 6
of the Act.
5.
Exemption for fleet vehicles
(1)
In this regulation
prescribed business
means a business other than
(a) the business of dealing in motor vehicles; or
(b) the business of renting or hiring out motor vehicles to customers of the business.
(2)
The owner of a prescribed business is exempt from the operation of
section 6
of the Act, in relation to the buying, selling or exchange of motor vehicles, if the owner
(a) buys or exchanges the motor vehicles for the purpose of forming, or maintaining, a fleet of vehicles used, or to be used, for the purposes of the prescribed business; or
(b) sells or exchanges a motor vehicle that was part of such a fleet of vehicles for the purpose of
(i) renewing, reorganising or rationalising the fleet of vehicles; or
(ii) winding up the prescribed business.
6.
Exemption for wholesale motor vehicle dealers
A person who sells, or exchanges, motor vehicles on a wholesale basis is exempt from the operation of
section 6
of the Act in relation to those sales and exchanges.
7.
Pre-sale disclosure statement
A pre-sale disclosure statement
(a) is to be in a form approved by the Director; and
(b) is to contain the following information:
(i) the motor vehicle trader licence number for the licensed motor vehicle trader who is making the statement;
(ii) the make, model and registration number of the vehicle to which the statement relates;
(iii) such other information as determined by the Director; and
(c) may contain additional relevant disclosures, or other information, as the licensed motor vehicle trader making the pre-sale disclosure statement considers appropriate.
8.
Fees
(1)
In this regulation
GST
has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
(2)
The fees specified in
Schedule 1
are
(a) prescribed as the fees payable to the Director in respect of the matters to which they relate; and
(b) specified exclusive of GST.
9.
Infringement offences and penalties
For the purposes of
section 53
of the Act
(a) an offence against a section of the Act, as specified in the table in
Schedule 2 , is prescribed as an infringement offence; and
(b) the penalty specified, in the table in
Schedule 2 , in respect of such an offence is prescribed as the penalty payable under an infringement notice issued and served for that offence.
SCHEDULE 1 - Fees
Regulation 8
Matter
Fee (fee units)
1.
Application fee under
section 9
of the Act for a motor vehicle trader licence
115
2.
Licence fee under
section 14
of the Act for the issue of a motor vehicle trader licence
986
3.
Fee under
section 19
of the Act for issue of a replacement motor vehicle trader licence
20
SCHEDULE 2 - Infringement Offences
Regulation 9
Section of Act
Penalty
(penalty units)
1.
Section 10
4
2.
Section 24(2)
4
3.
Section 25(5)
4
4.
Section 28(1)
40
5.
Section 29(1)
40
6.
Section 29(2)
40
7.
Section 29(3)
40
8.
Section 30(2)
40
9.
Section 31(1)
40
10.
Section 31(2)
40
11.
Section 31(3)
40
12.
Section 32
40
13.
Section 33
40
14.
Section 34(1)
20
15.
Section 35(2)
20
16.
Section 35(3)
40
17.
Section 36(2)
40
18.
Section 37(1)
20
19.
Section 37(3)
20
20.
Section 38(1)
20
21.
Section 38(2)
20
22.
Section 39
20
23.
Section 40
40
24.
Section 41(1)
2
25.
Section 41(2)
2
26.
Section 48(3)
40
27.
Section 50(6)
40
28.
Section 51
40
29.
Section 52
40
Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 28 February 2022 These regulations are administered in the Department of Justice.
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©The State of Tasmania (The Department of Premier and Cabinet) 2026 (Ver. 6.0.73 Rev. 1612)