Part 1 Preliminary and interpretation
1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions
5 Approved forms
6 (Repealed)
7 Governor may prescribe a class of business
8 Variation of application of Act
9 Offences
10 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
11 Investigation of application
12 Grounds on which application to be granted or refused
13 Grant of approval for licence
14 Conditions of, and restrictions on, licence
15 Name under which holder of licence may operate
16 (Repealed)
17 Change of address of holder of licence
17A (Repealed)
18 Register of holders of licences
19 Term of, and authority conferred by, licence
20 Annual fee and annual statement
20A Surrender of licence
20B Dealer’s licence and car market operator’s licence not to be held by same person
20C (Repealed)
Division 3 Disciplinary proceedings
20D Notices to show cause
20E Determination of disciplinary measures by the Director-General
20F Reviews by the Administrative Decisions Tribunal
20G Death of holder of licence
20H Endorsement of condition etc of licence
Division 5 Unjust conduct by dealers
20I Interpretation
20J Undertakings by dealer
20K Register of Undertakings
20L Restraint of unjust conduct
20M Variation etc of restraining order
Part 3 Dealers’ and other records
21 Holder of licence to keep register
21A Special requirements for dealers who acquire motor vehicles for sale on consignment
21B Special requirements to be complied with by dealers who demolish or dismantle motor vehicles
21C Certain provisions not to apply in respect of exempted persons etc
22–22E (Repealed)
22EA Separate registers for each licence etc
22F Agent, partner or employee of licence holder may make entry in register on behalf of licence holder
22G, 22H (Repealed)
23 Inspection of registers
Part 4 Dealings in motor vehicles
23A Premises at which the holder of a licence may lawfully offer or display motor vehicles for sale
23B Sale by auction of vehicles to which number-plates are attached
23C Sale by auction of vehicles to which no number-plates are attached
24 Dealers’ notices in respect of sale of second-hand motor vehicles, second-hand motor cycles and damaged new motor vehicles
25 (Repealed)
26 Defences
26A Sale of certain motor vehicles by auto-dismantlers
26B Wholesalers not to sell certain motor vehicles on consignment
27 Obligations of dealer to repair defects
28 Exceptions
29 Excluded defects
29A Car market operator liable for loss incurred by purchaser of encumbered vehicle in certain circumstances
29B Notices to be displayed on vehicles at car markets
29C Combination of notices under this Part
29CA Cooling off period
29CB Dealer may not dispose of trade-in during cooling off period
29CC Consequences of termination
29CD Review of cooling-off provisions
29D Definitions
29E Dealer’s trust account
29F Withdrawal of money from dealer’s trust account
29G Protection of banks, building societies and credit unions from liability
29H Period for accounting to consignor
29I Audit of dealer’s trust account
29J Special audit of dealer’s trust account
29K Suspension, cancellation etc of dealer’s licence
Part 5 Disputes and rescissions
30 Definitions
31 Disputes
32 Settlement of disputes
33 Investigation by Director-General
34–36 (Repealed)
37 False or misleading statements
38 Rescission of sale
38A Definitions
38B Power of Supreme Court to appoint an administrator in certain cases
38C Hearing of application for appointment of administrator
38D Copy of order appointing administrator to be served on holder of licence etc
38E Duty of administrator to administer the affairs and property of holder of licence etc
38F Power of administrator to prohibit withdrawal of money from bank, building society or credit union
38G Power of administrator to invest money
38H Power of administrator to require information to be given
38I Obstruction etc of administrator
38J Improper withdrawal of money etc
38K Application to Supreme Court for directions
38L Claims against property administered by administrator
38M Power of Supreme Court to order person to attend before Court for examination
38N Termination of appointment of administrator
38O Expenses of administrator
38P Claim or charge against administrator may be paid from Fund
38Q Power of Supreme Court to make certain orders
38R Reports etc by administrator
39 Motor Dealers Compensation Fund
40 Claims against Fund
41 Subrogation where claim allowed
41A Recovery of money from directors
42 Deferred payments out of Fund
42A, 42B(Repealed)
43 Saving of rights and remedies
44 No waiver of rights
45 No indemnity for dealer
45A Provision of information
46 Certificate of inspection
46A Loss of or damage to vehicle being repaired under warranty
47 Certain misdescriptions prohibited
47A Odometer offences
47B Recovery of portion of sale price
48 Failure to disclose fact of being a dealer
49 Duty to report suspicious goods
50 Retention of suspicious goods
51 Representation by employee of dealer
52 Tender of documents for signature
52A Falsification of documents
53 Bribery
53A Powers of entry etc
53AA Search warrants—entry of unlicensed premises
53B Production of records
53C Extensions of time
53D Service of notices and documents
53E Penalty notices for certain offences
54 Liability of directors etc for offences by corporation—accessory to the commission of the offences
54A Penalties
55 Proceedings
55A Proceedings to which the Director-General is a party
55B Other orders on conviction of person
55C Forfeiture of motor vehicles and proceeds
55D Temporary restraint on disposition of property
56 Evidence
56A Evidence as to certain matters relating to licences
56B Evidence as to publication
56C Evidence as to entries in registers
56D Evidence of carrying on business as dealer
57 Regulations
58 Savings
59 Repeal of Act No 5, 1956
60 Savings and transitional provisions
Schedule 1 Obligation of dealer to repair defects