Motor Car Traders and Fair Trading Acts (Amendment) Act 2005
i
Motor Car Traders and Fair Trading Acts
(Amendment) Act 2005
Act No. 91/2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENT OF MOTOR CAR TRADERS ACT 1986 3
3. Dealings book 3
4. Documents available for inspection 4
5. Specified persons to produce documents and answer questions 5
6. Simplified procedure concerning proof that person traded in
motor cars 5
PART 3—AMENDMENT OF FAIR TRADING ACT 1999 7
7. Orders against persons found to have contravened this Act 7
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ENDNOTES 8
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1
Motor Car Traders and Fair Trading
Acts (Amendment) Act 2005 †
[Assented to 29 November 2005]
The Parliament of Victoria enacts as follows:
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
Victoria
No. 91 of 2005
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Part 1—Preliminary
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No. 91/2005
2
(b) to amend the Fair Trading Act 1999 to
clarify the orders a court can make under that
Act.
2. Commencement
(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 1 December 2006,
it comes into operation on that day.
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s. 2
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Part 2—Amendment of Motor Car Traders Act 1986
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No. 91/2005
3
PART 2—AMENDMENT OF MOTOR CAR TRADERS
ACT 1986
3. Dealings book
(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1986 is repealed.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 identifies in the prescribed
manner 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.".
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:
www.dms.
dpc.vic.
gov.au
s. 3
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Part 2—Amendment of Motor Car Traders Act 1986
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
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(3) After section 35(8) of the Motor Car Traders
Act 1986 insert—
"(9) If a dealings book is kept in an electronically
readable form and 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
(c) all such papers are stored together.".
4. Documents available for inspection
After section 82A(2) of the Motor Car Traders
Act 1986 insert—
"(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 an electronically readable
form under section 35, the motor car trader
may keep the dealings book on a single
electronic database if—
(a) the record of each transaction in the
dealings book clearly indicates the
premises that 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
premises to which the transaction
relates.".
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Part 2—Amendment of Motor Car Traders Act 1986
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No. 91/2005
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5. Specified persons to produce documents and answer
questions
After section 82AA(1) of the Motor Car Traders
Act 1986 insert—
"(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 Act
1986, 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".
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Part 2—Amendment of Motor Car Traders Act 1986
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No. 91/2005
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(2) After section 85A(2) of the Motor Car Traders
Act 1986 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
(b) in any other case, the Director.'.
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Part 3—Amendment of Fair Trading Act 1999
Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No. 91/2005
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PART 3—AMENDMENT OF FAIR TRADING ACT 1999
7. Orders against persons found to have contravened
this Act
In section 158 of the Fair Trading Act 1999—
(a) in sub-section (1) omit "(including one
or more 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 orders
that may be made under this section
include—".
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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:
www.dms.
dpc.vic.
gov.au
s. 7
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Motor Car Traders and Fair Trading Acts (Amendment) Act
2005
Act No. 91/2005
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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."
Endnotes
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