Motor Car Traders (Forms) Regulations 2004

Victorian Legislation and Parliamentary Documents i Motor Car Traders (Forms) Regulations 2004 S.R. No. 169/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Revocation of regulation 33(1) 1 5. Revocation of form of consent to entry, search and seizure 2 6. Embargo Notice 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 169/2004 Motor Car Traders Act 1986 Motor Car Traders (Forms) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to prescribe a form of embargo notice, to revoke a form and to make consequential amendments to the Motor Car Traders Regulations 1998. 2. Authorising provision These Regulations are made under section 90 of the Motor Car Traders Act 1986. 3. Commencement These Regulations come into operation on 1 February 2005. 4. Revocation of regulation 33(1) Regulation 33(1) of the Motor Car Traders Regulations 19981 is revoked. -- 2 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 169/2004 Motor Car Traders (Forms) Regulations 2004 2 5. Revocation of form of consent to entry, search and seizure Form 13 in Schedule 1 to the Motor Car Traders Regulations 1998 is revoked. 6. Embargo Notice For Form 14 in Schedule 1 to the Motor Car Traders Regulations 1998 substitute— "FORM 14 Regulation 33(2) EMBARGO NOTICE Motor Car Traders Act 1986 Section 82AM 1. The item described below has been embargoed under section 82AM of the Motor Car Traders Act 1986. 2. Section 82AM(2) provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; or (b) leases; or (c) without the written consent of the inspector who issued the embargo notice, moves; or (d) transfers; or (e) otherwise deals with— the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units. 3. Section 82AM(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it. 4. Section 82AM(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void. r. 5 -- 3 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 169/2004 Motor Car Traders (Forms) Regulations 2004 3 Description of embargoed item— This notice has been— served on (name) affixed to the item described above Signature of inspector Name of inspector Telephone number Date Time ". ═══════════════ r. 6 -- 4 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 169/2004 Motor Car Traders (Forms) Regulations 2004 4 ENDNOTES 1 Reg. 4: S.R. No. 56/1998. Reprint No. 2 as at 18 March 2004. Reprinted to S.R. No. 125/2003. Subsequently amended by S.R. No. 88/2004. Endnotes -- 5 of 5 --