Motor Car Traders (Prescribed Forms) Regulations 1999

i Motor Car Traders (Prescribed Forms) Regulations 1999 S.R. No. 104/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. New regulation 33 inserted 2 33. Inspectors' powers forms 2 6. New Forms inserted in Schedule 1 2 Form 13—Entry, Search and Seizure Consent 2 Form 14—Embargo Notice 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1999 S.R. No. 104/1999 Motor Car Traders Act 1986 Motor Car Traders (Prescribed Forms) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 17 August 1999 Responsible Minister: JAN WADE Minister for Fair Trading SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe certain forms for the purposes of the Motor Car Traders Act 1986. 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 September 1999. 4. Principal Regulations In these Regulations, the Motor Car Traders Regulations 1998 1 are called the Principal Regulations. -- 2 of 6 -- S.R. No. 104/1999 Motor Car Traders (Prescribed Forms) Regulations 1999 2 5. New regulation 33 inserted After regulation 32 of the Principal Regulations insert— "33. Inspectors' powers forms (1) The form for consent to entry, search and seizure under section 82AG of the Act is Form 13 in Schedule 1. (2) The form for the embargo notice under section 82AM(1) of the Act is Form 14 in Schedule 1.". 6. New Forms inserted in Schedule 1 After Form 12 in Schedule 1 of the Principal Regulations insert— "FORM 13 ENTRY, SEARCH AND SEIZURE CONSENT Name of Authorising Act Section of Name of inspector Details of premises Name of occupier Address Consent to entry and search Purpose of entry and search: Statement of occupier: • The inspector has informed me of the purpose of the search. • I have been informed that I may refuse consent to the entry and search of the premises. • I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings. r. 5 -- 3 of 6 -- S.R. No. 104/1999 Motor Car Traders (Prescribed Forms) Regulations 1999 3 • I consent to the entry and search of the premises Signature of occupier Date Time Consent to seizure and taking Items to be seized: Statement of occupier: I consent to the seizure and taking of any items listed. Signature of occupier Date Time ————————— FORM 14 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 of the Motor Car Traders Act 1986 provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; (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 of $5000. 3. 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 of the Motor Car Traders Act 1986 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. Description of embargoed item r. 6 -- 4 of 6 -- S.R. No. 104/1999 Motor Car Traders (Prescribed Forms) Regulations 1999 4 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 -- 5 of 6 -- S.R. No. 104/1999 Motor Car Traders (Prescribed Forms) Regulations 1999 5 NOTES 1 Reg. 4: S.R. No. 56/1998. Subsequently amended by S.R. No. 114/1998. Notes -- 6 of 6 --