Motor Car Traders Regulations 1998
i
Motor Car Traders Regulations 1998
S.R. No. 56/1998
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provision 1
3. Commencement 1
4. Revocation 2
5. Definitions 2
6. Exemptions 2
PART 2—FORMS 4
7. Application forms 4
8. Form of licence 4
9. Dealings book 4
10. Abandonment of right to cool off 5
11. Forms of notice to be displayed on used vehicles 5
12. Form of notice of absence of warranty 7
13. Form of defect notice 7
14. Claims against the fund 7
15. Form of Registrar's certificate 7
16. Form and particulars in the register of the Authority 7
17. Prescribed sign 8
PART 3—FEES 9
18. Fees 9
19. Fees for witnesses 9
PART 4—CONDUCT BY MOTOR CAR TRADERS 10
20. Prescribed changes in relation to licensee 10
21. Trader to supervise servants and agents 10
22. Advertisements 10
23. Amount of dealer charges to be shown 11
24. Deposit given before tests to be returned 12
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Regulation Page
ii
PART 5—CONTRACTS AND WARRANTIES 14
25. Prescribed conditions 14
26. Terms relating to certain matters to be in sale agreement 14
27. Warranties 14
PART 6—MISCELLANEOUS 16
28. Maximum payment on a claim 16
29. Retention of records 16
30. Copies of agreements etc. 16
31. Secrecy 16
32. Infringement notices 17
__________________
SCHEDULES 19
SCHEDULE 1—Forms 19
Form 1—Application by a sole trader for a Motor Car Trader's
Licence 19
Form 2—Application by a partnership for a Motor Car Trader's
Licence 21
Form 3—Application by a body corporate for a Motor Car Trader's
Licence 24
Form 4—Motor Car Trader's Licensing Authority 26
Form 5—Dealings book 27
Form 6—Loss of right to cool-off 29
Form 7(a)—With statutory warranty 30
Form 7(b)—Not covered by statutory warranty 32
Form 7(c)—Not covered by statutory warranty 34
Form 8—Statement of defects pursuant to section 55 of the Motor
Car Traders Act 1986 in a used motor car offered for sale 36
Form 9—Application for claim against the Motor Car Traders'
Guarantee Fund 37
Form 10—Certificate of Registrar 38
Form 11—Form and particulars for register of authority 39
Form 12—Prescribed sign 40
SCHEDULE 2—Fees 41
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Regulation Page
iii
SCHEDULE 3—Particulars, terms and conditions for sale of used motor
car 42
SCHEDULE 4—Particulars for sale of new motor car 47
═══════════════
NOTES 48
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1
STATUTORY RULES 1998
S.R. No. 56/1998
Motor Car Traders Act 1986
Motor Car Traders Regulations 1998
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 26 May 1998
Responsible Minister:
JAN WADE
Minister for Fair Trading
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to
prescribe exemptions, forms, fees, prohibited
conduct, contracts, matters relating to warranties
and other matters under 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
(1) These Regulations other than regulation 22(4)
come into operation on the day on which section
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13 of the Motor Car Traders (Amendment) Act
1996 comes into operation.
(2) Regulation 22(4) comes into operation on 1 July
1998.
4. Revocation
The Motor Car Traders Regulations 19871 are
revoked.
5. Definitions
(1) In these Regulations—
"corporate licence" means a licence held by a
body corporate;
"motor cycle" has the same meaning as in the
Road Safety Act 1986;
"partnership licence" means a licence held by a
partnership;
"publish" means to make generally known by
any means, including print, television, radio,
cable television, film and the Internet;
"sole trader's licence" means a licence held by
one natural person;
"the Act" means the Motor Car Traders Act
1986.
(2) A reference in these Regulations to a form is a
reference to a form in Schedule 1.
(3) A reference in these Regulations to a section is a
reference to a section of the Act.
6. Exemptions
The following classes of sales are exempt from
the operation of the Act—
(a) the sale at a public auction of a motor car
owned or used by a council within the
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meaning of the Local Government Act
1989;
(b) the sale at a public auction of a motor car
owned by the executor or administrator of
the estate of a deceased person;
(c) the sale at a public auction of a motor car—
(i) that at the time of the auction is
damaged, if the reasonable cost to
repair the damage would be more than
$3000 or exceed the value of the motor
car; and
(ii) that is owned by a person who carries
on the business of insuring motor cars
if the motor car is sold in the course of
that business.
_______________
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PART 2—FORMS
7. Application forms
The form of application—
(a) for a sole trader's licence is Form 1; and
(b) for a partnership licence is Form 2; and
(c) for a corporate licence is Form 3.
8. Form of licence
The form of the licence is Form 4.
9. Dealings book
(1) For the purposes of section 35(1), the prescribed
form of the dealings book is Form 5.
(2) For the purposes of section 35(2)(a)—
(a) the prescribed matters required to be entered
in the dealings book at the time of purchase
or acquisition by way of exchange of a used
motor car or at the time of receiving a used
motor car into custody or possession for the
purpose of sale or exchange are set out in
Form 5 under the heading "ACQUISITION
DETAILS";
(b) the prescribed matters required to be entered
in the dealings book at the time of sale or
disposal by way of exchange of a used motor
car are set out in Form 5 under the heading
"DISPOSAL DETAILS".
(3) For the purposes of section 35(2)(b), a motor car
trader must ensure that, as soon as practicable
after the acquisition details in the dealings book
have been completed, the person from whom the
trader purchased, took in exchange or received the
motor car signs in the appropriate space.
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(4) For the purposes of section 35(4), the particulars
to be contained in the receipt are the matters set
out in Form 5 under the heading "ACQUISITION
DETAILS".
10. Abandonment of right to cool off
(1) For the purposes of section 43(2), the form
acknowledging that the right to terminate an
agreement no longer applies is Form 6.
(2) Form 6 must be printed or typed in black letters
against a white background in at least 12 point
type and must contain the statements "LOSS OF
RIGHT TO COOL OFF" and "I WILL LOSE MY
RIGHT TO CANCEL THE SALE
AGREEMENT" printed or typed in red in point
type at least three times larger than the point type
otherwise appearing in the document.
(3) Form 6 must not be attached to, or incorporated
with, any other document.
(4) Despite sub-regulation (2), the details to be
entered in Form 6 regarding the make, model,
registration and engine number of the vehicle, the
identity of the selling trader and the date that the
purchaser signed the form, need not be printed or
typed provided that they are clearly legible.
11. Forms of notice to be displayed on used vehicles
(1) For the purposes of section 52(1) and section
52(2)(g), the notice to be attached to a used motor
car (other than a motor cycle) which is offered or
displayed for sale must be in the form of and
contain the particulars set out in—
(a) Form 7(a), if the motor car is subject to the
statutory warranty under section 54; or
(b) Form 7(b), if the motor car is not subject to
the statutory warranty under section 54.
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(2) For the purposes of section 52(1) and section
52(2)(g), the notice to be attached to a used motor
car that is a motor cycle which is offered or
displayed for sale must be in the form of and
contain the particulars set out in Form 7(c).
(3) A notice under sub-regulation (1) or (2)—
(a) must be printed or typed in black against a
white background in 12 point type; and
(b) must not be attached to, or incorporated
with, any other document.
(4) Form 7(a) must—
(a) contain the statement "WITH STATUTORY
WARRANTY" printed or typed in red in
point type at least twice the size of the point
type otherwise appearing in the document,
apart from the statement referred to in
paragraph (b); and
(b) contain the statement "under section 54 of
the Motor Car Traders Act 1986" printed
or typed in point type at least one and a half
times the size of the point type otherwise
appearing in the document apart from the
statement referred to in paragraph (a).
(5) Forms 7(b) and 7(c) must contain the
statements—
(a) "NOT COVERED", where first occurring,
printed or typed in red in point type at least
twice the size of the point type otherwise
appearing in the document, apart from the
statements referred to in paragraph (b); and
(b) "BY STATUTORY WARRANTY" and
"under section 54 of the Motor Car Traders
Act 1986" printed or typed in red in point
type at least one and a half times the point
type otherwise appearing in the document,
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apart from the statement referred to in
paragraph (a).
(6) The final section of text in Forms 7(a), 7(b) and
7(c) titled "IMPORTANT INFORMATION" may
be printed or typed on the rear of the notice, and if
this is done, the words "IMPORTANT
INFORMATION OVERLEAF" must appear on
the front of the notice.
(7) Despite sub-regulation 3(a), the details to be
entered in items A to H in Forms 7(a) and 7(b)
and items A to I in Form 7(c) and the trader's
licence number, need not be printed or typed
provided that they are clearly legible.
12. Form of notice of absence of warranty
(1) For the purposes of section 54(2C), the form of
the notice to be attached to a motor car other than
a motor cycle is Form 7(b).
(2) For the purposes of section 54(2C), the form of
the notice to be attached to a motor cycle is
Form 7(c).
13. Form of defect notice
For the purposes of section 55, the form of a
notice relating to a defect in a used motor car is
Form 8.
14. Claims against the fund
The prescribed form for the purposes of section
76(1) and the form required by these Regulations
for the purposes of section 76(3) is Form 9.
15. Form of Registrar's certificate
For the purposes of section 87, the prescribed
form of the certificate is Form 10.
16. Form and particulars in the register of the Authority
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For the purposes of section 109(2), the prescribed
form and prescribed particulars are set out in
Form 11.
17. Prescribed sign
A notice under section 34 must be in the form of
and contain the particulars set out in Form 12.
_______________
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PART 3—FEES
18. Fees
For the purposes of the Act, the fees are those set
out in Schedule 2.
19. Fees for witnesses
A person summoned to appear before the
Committee or the Authority under section 68(4) or
section 104(5) is entitled to the expenses set for
witnesses under Appendix A of the County Court
Rules of Procedure in Civil Proceedings 1989.
_______________
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PART 4—CONDUCT BY MOTOR CAR TRADERS
20. Prescribed changes in relation to licensee
For the purposes of section 20, it is a prescribed
change if—
(a) a licensee ceases to carry on business as a
motor car trader under a name authorised
under a licence;
(b) a licensee commences carrying on business
as a motor car trader under a name or names
in addition to or in substitution for the name
of the licensee.
21. Trader to supervise servants and agents
A motor car trader must supervise and control
each servant and agent of the trader, so as to
ensure that the provisions of the Act and these
Regulations are complied with.
Penalty: 10 penalty units.
22. Advertisements
(1) A motor car trader, or a servant or agent of the
trader, who publishes or causes to be published an
advertisement or statement in relation to the
trader's business of trading in motor cars must
include in the advertisement or statement the
letters "LMCT" followed by the licence number of
the motor car trader and where the advertisement
or statement is presented in visual form, the letters
"LMCT" and the licence number must be printed
or typed in 12 point type.
Penalty: 10 penalty units.
(2) Where a motor car trader, or a servant or agent of
the trader, publishes or causes to be published an
advertisement offering a used motor car for sale,
the person must include in the advertisement—
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(a) the cash price of the motor car; and
(b) whichever of the following is applicable—
(i) if the motor car is registered, the
registration number; or
(ii) if the motor car is unregistered, the
engine number of the vehicle.
Penalty: 10 penalty units.
(3) Sub-regulation (2)(b) does not apply if the motor
car trader, servant or agent publishes or causes to
be published an advertisement on television,
movie film or radio offering for sale a batch of six
or more used motor cars of the same model.
(4) If a person (other than a motor car trader or a
servant or an agent of a motor car trader)
publishes or causes to be published an
advertisement offering a used motor car for sale in
a newspaper generally circulating in the whole or
any part of Victoria or in a motor car specialist
magazine generally circulating in the whole of
Victoria, the person must include in the
advertisement—
(a) the cash price of the motor car; and
(b) whichever of the following is applicable—
(i) if the motor car is registered, the
registration number; or
(ii) if the motor car is unregistered, the
engine number of the vehicle.
Penalty: 10 penalty units.
23. Amount of dealer charges to be shown
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(1) A motor car trader (other than a manufacturer)
who includes in an advertisement a statement of
the price of a new motor car and a reference to
other amounts which a purchaser must pay, must
in respect of any dealer's charge, specify the
actual amount of the charge.
Penalty: 10 penalty units.
(2) In sub-regulation (1), "dealer's charge" means
any amount other than the cash price of the car
and an amount which the purchaser is required by
law to pay to the State or the Commonwealth or to
a statutory authority of the State or the
Commonwealth.
24. Deposit given before tests to be returned
(1) If a person—
(a) deposits with a motor car trader money or
something of value and takes possession of a
motor car for the purpose of a driving trial or
an examination or test; and
(b) subsequently returns the motor car and does
not enter into a contract to purchase it—
the motor car trader must refund or return the
money or valuable thing to the person
immediately on demand.
Penalty: 10 penalty units.
(2) If a purchaser—
(a) enters into a conditional contract with a
motor car trader to purchase a motor car; and
(b) deposits with the motor car trader money or
something of value prior to a driving trial or
an examination or test; and
(c) subsequently does not continue with the
contract—
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the motor car trader must refund or return the
money or valuable thing to the purchaser
immediately on demand.
Penalty: 10 penalty units.
_______________
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PART 5—CONTRACTS AND WARRANTIES
25. Prescribed conditions
(1) For the purposes of section 41 the prescribed
particulars, terms and conditions of an agreement
for the sale of a used motor car by a motor car
trader are set out in Schedule 3.
(2) For the purposes of section 42 the prescribed
particulars to be contained in the agreement for
the sale of a new motor car by a motor car trader
are set out in Schedule 4.
26. Terms relating to certain matters to be in sale
agreement
If a motor car trader enters into an agreement for
the sale of a used motor car and agrees as part of
the agreement—
(a) to have defects in the motor car repaired or
made good; or
(b) to supply and fit any part or accessory to the
motor car; or
(c) to register or re-register the motor car or in
any other respect to pay an amount or make
an arrangement regarding the registration,
duty or insurance relating to the motor car—
the motor car trader must ensure that the terms of
the agreement as to that matter are set out in
writing in the agreement.
Penalty: 10 penalty units.
27. Warranties
For the purposes of section 54(4)(d), the
prescribed accessories are the following—
(a) radios;
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(b) cassette players;
(c) compact disc players;
(d) telephones;
(e) car aerials;
(f) clocks;
(g) cigarette lighters;
(h) body hardware which is not standard to the
motor car;
(i) rear window demisters which are not
standard to the motor car;
(j) tools other than jacks and wheel braces;
(k) light globes;
(l) sealed beam lights;
(m) fog lights which are not standard to the
motor car;
(n) alarms which are not standard to the motor
car.
_______________
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PART 6—MISCELLANEOUS
28. Maximum payment on a claim
For the purposes of section 77(4), the prescribed
amount is—
(a) if the loss to which the claim relates was
incurred before the commencement of this
regulation—$20 000; and
(b) in any other case—$40 000.
29. Retention of records
For the purposes of section 83A, the documents to
be retained for at least 7 years are—
(a) agreement for sale of a used motor car; and
(b) agreement for sale of a new motor car; and
(c) agreement for exchange of motor car; and
(d) extended warranty documents; and
(e) Forms 5, 6, 7(a), 7(b), 7(c) and 8.
30. Copies of agreements etc.
For the purposes of section 83C(1), copies of all
documents listed in regulation 29 which are
relevant to the transaction must be given to the
person who buys, sells or exchanges a motor car,
except Form 5.
31. Secrecy
For the purposes of section 116(3), the agencies to
which information may be disclosed are—
(a) State Revenue Office;
(b) Roads Corporation;
(c) Department of Justice;
(d) National Crime Authority;
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(e) Australian Federal Police;
(f) The Police Force of each State and Territory;
(g) Australian Taxation Office;
(h) Australian Securities Commission;
(i) Australian Customs Service;
(j) Authorities within each State and Territory
with functions equivalent to those of the
Motor Car Traders Licensing Authority.
32. Infringement notices
(1) Breaches of the sections of the Act and of the
regulations listed in column 1 of the following
Table are specified for the purposes of section
82D as offences in respect of which an
infringement notice may be issued.
(2) The infringement notice penalty shown in column
2 of the following Table opposite an offence in
column 1 is the penalty prescribed for that
offence.
Column 1 Column 2
BREACH PENALTY UNITS
section 20(1) 0·5
section 25(2) 1
section 27(3) 1
section 31B(1) 2
section 34 1
section 35(2) 1
section 41(2)(b) 1.5
section 42(2)(a) 1·5
section 42(2)(b) 1·5
section 42A(1) 2
section 44 1·5
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Column 1 Column 2
BREACH PENALTY UNITS
section 52(1) 1
section 52(6) 1
regulation 23(1) 1
regulation 24(1) 1
regulation 24(2) 1
__________________
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SCHEDULES
SCHEDULE 1
FORMS
FORM 1
Reg. 7(a)
Motor Car Traders Act 1986
APPLICATION BY A SOLE TRADER FOR A MOTOR CAR
TRADER'S LICENCE
1. Full Name of applicant
2. Address of applicant
(Registered office or principal place of business)
3. Details of applicant
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of birth / / Age
Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4. Conditional upon a licence being granted it is intended to commence
trading in motor cars on / /
5. Trading premises
Please provide the following details for each premises from which you
intend to trade and specify which is the principal trading premises:
Business Name
(if applicable) Address
Telephone
Number
Type of Business
to be Conducted
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6. Have you made a previous application for a motor car trader's licence?
YES/NO
7. If the answer to question 6 is YES was the licence granted? YES/NO
8. Have you ever been employed by a motor car trader? YES/NO
9. If the answer to question 8 is YES, please give the name of that trader
and period of employment.
10. Financial details—
(a) Indicate amount of funds available if the licence is granted
$
(please attach separately particulars of source of these funds);
(b) Please indicate the number and wholesale value of motor cars you
intend to stock;
(c) A statement of assets and liabilities must accompany this
application.
11. Signature of applicant Date / /
_______________
Sch. 1
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FORM 2
Reg. 7(b)
Motor Car Traders Act 1986
APPLICATION BY A PARTNERSHIP FOR A MOTOR CAR
TRADER'S LICENCE
1. Name of partnership
2. Address of partnership's principal place of business
3. Registered office address (if different)
4. List names of all individuals and corporations who make up the
partnership
5. Please provide the following details for EACH INDIVIDUAL partner
named in question 4 above:
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sch. 1
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6. Please provide the following details for EACH DIRECTOR OF EACH
CORPORATION named in question 4 above:
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Name of Corporation
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Name of Corporation
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7. Conditional upon a licence being granted it is intended to commence
trading in motor cars on / /
8. Trading premises
Please provide the following details for each premises from which the
partnership intends to trade and specify which is the principal trading
premises:
Business Name
(if applicable) Address
Telephone
Number
Type of Business
to be Conducted
9. Has the partnership made a previous application for a motor car trader's
licence? YES/NO
10. If the answer to question 9 is YES was the licence granted? YES/NO
11. Has any individual partner or any director of a corporation listed in
question 4, ever been employed by a motor car trader? YES/NO
12. If the answer to question 11 is YES please state the name of each
individual or director, the name(s) of the motor car trader(s) and period
of employment
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13. Financial details—
(a) Indicate the amount of funds available to the partnership if the
licence is granted $
(please attach separately particulars of the source of these funds)
(b) Please indicate the number and wholesale value of the motor cars
the partnership intends to stock.
(c) A statement of assets and liabilities of each partner and where a
partner is a corporation, a balance sheet made up to a date less
than 6 months preceding the date of this application, must
accompany this application.
14. Signature of each individual partner
Date / /
15. Signature of all directors of each corporation
Name of Corporation
Director
Director
Name of Corporation
Director
Director
Date / /
_______________
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FORM 3
Reg. 7(c)
Motor Car Traders Act 1986
APPLICATION BY A BODY CORPORATE FOR A MOTOR
CAR TRADER'S LICENCE
1. Name of body corporate
A.C.N.
2. Address of body corporate's principal place of business
3. Registered office address (if different)
4. Date and place of incorporation of the body corporate
5. Directors
Please provide the following details for each director of the body
corporate:
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Surname Date of birth / / Age
Given Names Private Telephone
Private Address Postcode
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
6. Conditional upon a licence being granted it is intended to commence
trading in motor cars on / /
Sch. 1
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7. Trading premises
Please provide the following details for each premises from which you
intend to trade and specify which is the principal trading premises:
Business Name
(if applicable) Address
Telephone
Number
Type of Business
to be Conducted
8. Has the body corporate made a previous application for a motor car
trader's licence? YES/NO
9. If the answer to question 7 is YES was the licence granted? YES/NO
10. Has any director of the body corporate ever been employed by a motor
car trader? YES/NO
11. If the answer to question 9 is YES please state the name(s) of the
director(s), the name(s) of the motor car trader(s) and the period of
employment.
12. Financial details—
(a) Indicate the amount of funds available if the licence is granted
$
(please attach separately particulars of the source of these funds)
(b) Please indicate the number and wholesale value of motor cars the
body corporate intends to stock.
(c) A balance sheet made up to a date less than 6 months preceding
the date of this application must accompany this application.
13. Signature of each director of the body corporate
Date / /
_______________
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FORM 4
Reg. 8
Motor Car Traders Act 1986
MOTOR CAR TRADERS LICENSING AUTHORITY
LICENCE LMCT No.
This licence authorises the licence holder/s named herein to carry on a
business of trading in motor cars at the premises specified herein
commencing on
This licence is subject to the following conditions or restrictions (if any)—
The holder of this licence may also operate under the following names (if
appropriate)—
The holder of this licence may operate at (insert details of premises as
appropriate)
Registrar
_______________
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FORM 5
Reg. 9
Motor Car Traders Act 1986
DEALINGS BOOK
ACQUISITION DETAILS
Registration Number or, if
unregistered, Trader's Stock Number
Make/model
Type of vehicle
Year first registered
Built date if it appears on the vehicle
Compliance date
Vehicle identification/engine no
on Registration Label
Date of acquisition
Odometer reading
Name and address of person from
whom vehicle acquired
Security interest (if any) held by
Security interest (if any) amount paid out in discharge
Date security interest paid (if any)
Signature of person from whom
vehicle was received
DISPOSAL DETAILS
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Sold to (name and address)
Date of delivery
Odometer reading
Roadworthiness certificate
—Certificate number
—Certificate date
Date notice of acquisition sent to
Roads Corporation
Date notice of disposal sent to
Roads Corporation
Date registration cancelled and plates returned (if applicable)
_______________
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FORM 6
Reg. 10
Motor Car Traders Act 1986
LOSS OF RIGHT TO COOL-OFF
Make and model of motor car:
Registration No:
If unregistered—engine no.
Selling trader:
1. I have agreed to buy this vehicle and I am about to accept delivery of it.
2. I know that the Motor Car Traders Act 1986 gives me the right to
decide within 3 days not to go ahead with the purchase and to cancel the
sale agreement. This reference to 3 days means 3 clear days not
including Saturdays, Sundays or days that are wholly or partly observed
as Victorian public holidays.
3. I know that if I sign this form immediately before accepting delivery of
the vehicle, I WILL LOSE MY RIGHT TO CANCEL THE SALE
AGREEMENT.
Purchaser's signature: Date:
(Copy to be given to customer and trader to retain copy)
_______________
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FORM 7(a)
Reg. 11
Motor Car Traders Act 1986
WITH STATUTORY WARRANTY
under section 54 of the Motor Car Traders Act 1986
Particulars of a Used Motor Car offered for Sale, required in
accordance with section 52(1) of the Motor Car Traders Act 1986
A. Name and business address of the owner of the motor car.
B. If the owner of the motor car is a motor car trader or special trader—
(i) the name and address of the last person registered as the owner of
the motor car under the provisions of any Act or law, whether of
Victoria or of any other place, relating to the registration of motor
cars, who was neither a motor car trader nor a special trader; and
(ii) the name and address of the last owner of the motor car who was
neither a motor car trader nor a special trader (if those particulars
are known to the motor car trader).
C. If the motor car is equipped with an odometer, the distance travelled by
the motor car entered by the motor car trader in the dealings book when
the trader acquired the motor car or received custody or possession of
the motor car for the purpose of sale (as the case may be).
D. Except in the case of a motor car offered or displayed for sale at a
public auction, the cash price of the motor car.
E. Built date if it appears on the motor car:
Compliance date:
Year first registered:
F. The model designation (if any) of the motor car.
G. Registration number (if any) of the motor car.
H. Engine number or the serial number on the Registration Label of the
motor car.
Signature of motor car trader.
LMCT No.
Signature of Purchaser
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AFFIX TO RIGHT SIDE WINDOW (Rear where applicable)
(NOTE: On the sale of the motor car the purchaser must sign and be given a
copy of this form under sections 52(6) and 83C(1) of the Motor Car
Traders Act 1986 and Regulation 30 of the Motor Car Traders Regulations
1998).
IMPORTANT INFORMATION
Buying a used car from a licensed trader
1. This car is NOT MORE THAN 10 years old AND has been driven
LESS THAN 160 000 km, so it is automatically covered by Statutory
Warranty under section 54 of the Motor Car Traders Act 1986 for the
first 3 months or 5000 km after delivery, whichever occurs first.
2. For most used cars, there is a 3 day cooling off period commencing the
day after signing the sale agreement. This reference to 3 days means 3
clear days not including Saturdays, Sundays or days that are wholly or
partly observed as Victorian public holidays. If a purchaser decides to
cancel the sale agreement, the purchaser must notify the licensed trader
in writing, before the close of business on the third day. The licensed
trader can withhold 1% of the purchase price or $100, whichever is
greater. The cooling off period applies to all used cars except
commercial vehicles, used cars bought at public auction and vehicles
sold to a body corporate.
_______________
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FORM 7(b)
Regs 11 and 12
Motor Car Traders Act 1986
NOT COVERED BY STATUTORY WARRANTY
under section 54 of the Motor Car Traders Act 1986
Particulars of a Used Motor Car offered for Sale, required in
accordance with section 52(1) of the Motor Car Traders Act 1986
A. Name and business address of the owner of the motor car.
B. If the owner of the motor car is a motor car trader or special trader—
(i) the name and address of the last person registered as the owner of
the motor car under the provisions of any Act or law, whether of
Victoria or of any other place, relating to the registration of motor
cars, who was neither a motor car trader nor a special trader; and
(ii) the name and address of the last owner of the motor car who was
neither a motor car trader nor a special trader (if those particulars
are known to the motor car trader).
C. If the motor car is equipped with an odometer, the distance travelled by
the motor car entered by the motor car trader in the dealings book when
the trader acquired the motor car or received custody or possession of
the motor car for the purpose of sale (as the case may be).
D. Except in the case of a motor car offered or displayed for sale at a
public auction, the cash price of the motor car.
E. Built date if it appears on the motor car:
Compliance date:
Year first registered:
F. The model designation (if any) of the motor car.
G. Registration number (if any) of the motor car.
H. Engine no or the serial no on the Registration Label of the motor car.
Signature of motor car trader.
LMCT No.
Signature of Purchaser
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AFFIX TO RIGHT SIDE WINDOW (Rear where applicable)
(NOTE: On the sale of the motor car the purchaser must sign and be given a
copy of this form under sections 52(6) and 83C(1) of the Motor Car
Traders Act 1986 and Regulation 30 of the Motor Car Traders Regulations
1998).
IMPORTANT INFORMATION
Buying a used car from a licensed trader
1. This car is NOT covered by a Statutory Warranty under section 54 of
the Motor Car Traders Act 1986. The trader has no duty under the
Motor Car Traders Act 1986 to repair or make good any defects after
delivery. The trader may have obligations under other legislation.
2. Vehicles NOT covered by the Statutory Warranty under section 54 of
the Motor Car Traders Act 1986:
• used cars which are MORE THAN 10 years old OR which have
been driven 160 000 km OR MORE;
• motorcycles;
• commercial vehicles;
• cars bought at public auction.
3. Licensed traders may offer a warranty on vehicles which are not
covered by the Statutory Warranty under section 54 of the Motor
Car Traders Act 1986.
4. For most used cars there is a 3 day cooling off period commencing the
day after signing the sale agreement. This reference to 3 days means 3
clear days not including Saturdays, Sundays or days that are wholly or
partly observed as Victorian public holidays. If a purchaser decides to
cancel the sale agreement, the purchaser must notify the licensed trader
in writing, before the close of business on the third day. The licensed
trader can withhold 1% of the purchase price or $100, whichever is
greater. The cooling off period applies to all used cars except
commercial vehicles, used cars bought at public auction and vehicles
sold to a body corporate.
_______________
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FORM 7(c)
Regs 11 and 12
Motor Car Traders Act 1986
NOT COVERED BY STATUTORY WARRANTY
under section 54 of the Motor Car Traders Act 1986
Particulars of a Used Motor Cycle offered for Sale, required in
accordance with section 52(1) of the Motor Car Traders Act 1986
A. Name and business address of the owner of the motor cycle.
B. If the owner of the motor cycle is a motor car trader or special trader—
(i) the name and address of the last person registered as the owner of
the motor cycle under the provisions of any Act or law, whether of
Victoria or of any other place, relating to the registration of motor
cycles, who was neither a motor car trader nor a special trader; and
(ii) the name and address of the last owner of the motor cycle who
was neither a motor car trader nor a special trader (if those
particulars are known to the motor car trader).
C. If the motor cycle is equipped with an odometer, the distance travelled
by the motor cycle entered by the motor car trader in the dealings book
when the trader acquired the motor cycle or received custody or
possession of the motor cycle for the purpose of sale (as the case may
be).
D. Except in the case of a motor cycle offered or displayed for sale at a
public auction, the cash price of the motor cycle.
E. Built date if it appears on the motor cycle:
Compliance date:
Year first registered:
F. The model designation (if any) of the motor cycle.
G. Registration number (if any) of the motor cycle.
H. Vehicle frame number
I. Engine number or the serial number on the Registration Label of the
motor cycle.
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35
Signature of motor car trader.
LMCT No.
Signature of Purchaser
AFFIX TO HANDLE BARS
(NOTE: On the sale of the motor cycle the purchaser must sign and be given
a copy of this form under sections 52(6) and 83C(1) of the Motor Car
Traders Act 1986 and Regulation 30 of the Motor Car Traders Regulations
1998).
IMPORTANT INFORMATION
Buying a used motor cycle from a licensed trader
1. This motorcycle is NOT covered by a Statutory Warranty under section
54 of the Motor Car Traders Act 1986. The trader has no duty under
the Motor Car Traders Act 1986 to repair or make good any defects
after delivery. The trader may have obligations under other legislation.
2. Vehicles NOT covered by the Statutory Warranty under section 54 of
the Motor Car Traders Act 1986:
• used cars which are MORE THAN 10 years old OR which have
been driven 160 000 km OR MORE;
• motorcycles;
• commercial vehicles;
• cars bought at public auction.
3. Licensed traders may offer a warranty on vehicles which are not
covered by the Statutory Warranty under section 54 of the Motor
Car Traders Act 1986.
4. For most motor cycles there is a 3 day cooling off period commencing
the day after signing the sale agreement. This reference to 3 days
means 3 clear days not including Saturdays, Sundays or days that are
wholly or partly observed as Victorian public holidays. If a purchaser
decides to cancel the sale agreement, the purchaser must notify the
licensed trader in writing, before the close of business on the third day.
The licensed trader can withhold 1% of the purchase price or $100,
whichever is greater. The cooling off period does not apply to motor
cycles bought at public auctions.
_______________
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FORM 8
Reg. 13
Motor Car Traders Act 1986
STATEMENT OF DEFECTS PURSUANT TO SECTION 55 OF
THE MOTOR CAR TRADERS ACT 1986 IN A USED MOTOR
CAR OFFERED FOR SALE
Make and model of motor car:
Registration number (if applicable):
Engine number or serial number
on Certificate of registration:
Trading name and LMCT No:
Description of Defect Estimate of Fair Cost of Repairing or Making Good
Any items listed on this notice are NOT subject to Statutory Warranty under
section 54 of the Motor Car Traders Act 1986.
Signature of purchaser Signature of motor car trader
Licence or LMCT No.
Notes:
This notice will only have effect if—
(a) at all material times it has been attached to the motor car; and
(b) at or before the time of sale a copy of the notice has been signed by the
purchaser; and
(c) upon the sale a true copy of the notice as so signed has been delivered
to the purchaser for retention by that purchaser; and
(d) the estimate by the motor car trader of the fair cost of repairing or
making good the defect is reasonable.
_______________
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FORM 9
Reg. 14
Motor Car Traders Act 1986
APPLICATION FOR CLAIM AGAINST THE MOTOR CAR
TRADERS' GUARANTEE FUND
To: The Secretary
Guarantee Fund Claims Committee
1. Name of applicant:
Address:
Telephone:
Occupation:
Date of birth:
2. Name of motor car trader:
Address:
Licence or LMCT No:
3. Registration number of motor car:
Make and model of motor car:
4. Date of transaction:
5. I believe that I am entitled to compensation for the following
reasons:
Date / /
Signature
_______________
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FORM 10
Reg. 15
Motor Car Traders Act 1986
CERTIFICATE OF REGISTRAR
I certify that
(name of person to whom certificate applies)
*was on (date)
*was from (date) to (date)
*was not on (date)
*was not between (date) and (date)
*the holder of a licence under the Motor Car Traders Act 1973
*the holder of a licence under the Motor Car Traders Act 1986
*authorised to carry on business under the name or names of (specify name
or names)
*authorised to sell motor cars at public auction
[*Strike out if not applicable]
Dated at Melbourne this day of (month) (year)
Signature
Registrar
Motor Car Traders Licensing Authority
_______________
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FORM 11
Reg. 16
FORM AND PARTICULARS FOR REGISTER OF
AUTHORITY
Reference No.
Determination No.
Motor Car Traders Act 1986, section 109(2)
REGISTER OF APPLICATIONS TO AND PROCEEDINGS AND
DETERMINATIONS OF THE MOTOR CAR TRADERS LICENSING
AUTHORITY
Applicant:
Date of hearing:
Application pursuant to section of the Motor Car Traders Act 1986
DETERMINATION
Dated:
Registrar
Licensing Authority
_______________
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FORM 12
Reg. 17
Motor Car Traders Act 1986
PRESCRIBED SIGN
LICENSED MOTOR CAR TRADER or (LMCT)
(insert licensee's licence number)
_______________
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41
SCHEDULE 2
FEES
Reg. 18
Item Section of Act Type of Fee Amount
$
1 8(3) Application fee 720.00
2 13(10) Prescribed fee 900.00
3 23(1) Annual licence fee 900.00
4 22(3) Inspection or copying or
inspection and copying of the
register (per page) 1.00
5 24(1) Late fee 100.00
6 24A(1) Late payment or lodgement
fee 200.00
7 26 Duplicate licence 50.00
_______________
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SCHEDULE 3
Reg. 25(1)
PARTICULARS, TERMS AND CONDITIONS FOR SALE OF
USED MOTOR CAR
A. Particulars
(1) The name of the motor car trader or, if an employee of the motor
car trader negotiated the agreement on behalf of the motor car
trader, the name of the employee.
(2) A description of the motor car sufficient to identify it.
(3) Whichever of the following is applicable—
(a) if the motor car is registered, the registration number; or
(b) if the motor car is unregistered, the engine number of the
vehicle.
(4) The price and any other charges to be paid and the time and
manner in which the price and any other charges are to be paid
and, where a motor car or other goods are to be accepted as part
payment of the price or other charges, the amount agreed to be
represented by the motor car or other goods.
(5) The distance travelled by the motor car as recorded on the
instrument or device installed in the motor car for recording the
distance travelled by the motor car either when the purchaser signs
the agreement or at any earlier time at which the purchaser takes
delivery of the motor car.
(6) Whether or not the motor car trader believes the distance so
recorded to be true.
(7) The licence number of the motor car trader.
B. Terms and conditions
Subject to finance
1. (1) Where this contract is subject to the purchaser obtaining
finance, the contract is conditional upon the purchaser
obtaining finance approval—
(a) within the time stated in this contract;
(b) of the amount stated in this contract;
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(c) from the credit provider named in this contract (or
from a similar type of credit provider);
(d) for the type of finance stated in this contract;
(e) upon reasonable terms and conditions in the
circumstances.
(2) The purchaser agrees to take all reasonable steps towards
obtaining finance approval.
(3) If the purchaser does not obtain finance approval then
either the purchaser or the seller may terminate this contract
by giving notice to the other party.
Transfer to credit provider
2. Where requested by the purchaser the seller shall transfer title to
the purchase vehicle to the purchaser's credit provider upon
payment of the total purchase price to the seller.
Delays in delivery
3. (1) The seller shall make every reasonable effort to make the
purchase vehicle available for delivery on or before the
delivery date stated in this contract. Where delivery is
delayed more than 14 days the purchaser may terminate this
contract by notifying the seller in writing, unless the delay is
caused by the purchaser.
(2) The purchaser shall take delivery of the purchase vehicle
within 7 days of being notified by the seller that the vehicle
is ready for delivery. If the purchaser fails to take delivery
within this time the seller may terminate the contract by
notice in writing.
Trade-in conditions
4. (1) Where the purchase involves a trade-in vehicle then the
amount allowed for the trade-in (net trade-in allowance)
shall be deducted from the total purchase price. The net
trade-in allowance will be the amount allowed on the trade-
in vehicle less any amount to be paid by the seller to
discharge the interest of any other person in the vehicle.
(2) The trade-in vehicle must be delivered to the seller no later
than the date of delivery of the purchase vehicle. If the
trade-in vehicle is delivered after this date or is not in
substantially the same condition as at the date of this
contract then the net trade-in allowance may be adjusted by
an amount equal to the change in the fair market value of
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the trade-in vehicle between the date of this contract and
the date of delivery to the seller.
(3) The purchaser's interest in the trade-in vehicle shall pass to
the seller—
(a) when the purchaser accepts delivery of the purchase
vehicle; or
(b) when the purchaser has delivered the trade-in vehicle
to the seller and the seller has paid the net trade-in
allowance to the purchaser or acknowledged in
writing that this amount has been credited towards the
total purchase price—
whichever first occurs.
(4) The seller shall not, without the prior written consent of the
purchaser, sell or agree to sell the trade-in vehicle before
delivery of the purchase vehicle to the purchaser.
Termination
5. (1) Where this contract is lawfully terminated by the seller due
to a breach of this contract by the purchaser then—
(a) the purchaser shall forfeit the amount stated in this
contract to the seller provided that amount does not
exceed 5 per cent of the total purchase price;
(b) where an amount has been paid towards the purchase
price and that amount exceeds the forfeitable amount
then the seller shall—
(i) refund to the purchaser so much of the amount
paid that exceeds the forfeitable amount; and
(ii) return any trade-in vehicle to the purchaser; and
(c) where an amount has been paid towards the purchase
price and that amount does not provide the seller with
the forfeitable amount and a trade-in vehicle has been
delivered to the seller then the trade-in vehicle may be
forfeited to the seller and the purchaser credited with
the net trade-in allowance. If this amount and any
other amount paid by the purchaser exceeds the
forfeitable amount then the excess shall be refunded to
the purchaser.
(2) Where this contract is lawfully terminated by the purchaser
due to a breach of this contract by the seller then the seller
shall—
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(a) refund to the purchaser all money paid by or on behalf
of the purchaser; and
(b) return any trade-in vehicle to the purchaser.
(3) Where this contract is lawfully terminated by either the
purchaser or the seller due to clause l or for any reason
other than a breach of this contract then the seller shall—
(a) refund to the purchaser all money paid by or on behalf
of the purchaser; and
(b) return any trade-in vehicle to the purchaser.
(4) Where this contract provides for the seller to return any
trade-in vehicle to the purchaser but the seller has, with the
prior written consent of the purchaser, sold or agreed to sell
the trade-in vehicle then this contract will be complied with
if the seller pays to the purchaser—
(a) an amount equal to the net trade-in allowance; or
(b) where the purchaser or seller have agreed on a value
as the fair market value of the trade-in vehicle-that
agreed value less any trade-in payout made or to be
made by the seller.
(5) Where the seller returns any trade-in vehicle to the
purchaser and the seller has carried out repairs on the
vehicle with the consent of the purchaser then the seller
shall be entitled to an amount equal to the reasonable cost
of those repairs.
(6) Where either the purchaser or seller wishes to terminate this
contract in accordance with this clause they must give
written notice to the other party of the decision to
terminate.
(7) Nothing in this clause affects the rights and duties
conferred by section 43 of the Motor Car Traders Act
1986 or regulation 10 of the Motor Car Traders Regulations
1998.
Non exclusion of statutory warranties and other rights
6. The benefits conferred by this contract and by the seller's
warranty, if any, are in addition to all other rights and remedies in
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respect of the purchase vehicle which the purchaser has under the
Trade Practices Act 1974 and any other Commonwealth, State and
Territory laws.
Note: The parties to this contract may include other conditions if those
conditions do not reduce the rights given to either party by or under
the Motor Car Traders Act 1986.
_______________
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SCHEDULE 4
Reg. 25(2)
PARTICULARS FOR SALE OF NEW MOTOR CAR
Particulars
(1) The name of the motor car trader or, if an employee of the motor car
trader negotiated the agreement on behalf of the motor car trader, the
name of the employee.
(2) A description of the motor car sufficient to identify it.
(3) The engine number of the motor car (if known).
(4) The price and any other charges to be paid and the time and manner in
which the price and any other charges are to be paid and, where a
motor car or other goods are to be accepted as part payment of the
price or other charges, the amount agreed to be represented by the
motor car or other goods.
(5) The licence number of the motor car trader.
═══════════════
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NOTES
1 Reg. 4: S.R. No. 190/1987 reprinted to S.R. No. 131/1993.
Notes
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