{"id":"qld:sl-2014-0249","name":"Motor Dealers and Chattel Auctioneers Regulation 2014","slug":"motor-dealers-and-chattel-auctioneers-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"249 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175484,"registerId":"qld-qld:sl-2014-0249-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Motor Dealers and Chattel Auctioneers Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 December 2014.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Limited motor dealer licences and limited registration certificates","content":"# Limited motor dealer licences and limited registration certificates","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Limited motor dealer licences and limited registration certificates— Act , ss 15 (1) and 151 (1) (b)","content":"### sec.3 Limited motor dealer licences and limited registration certificates— Act , ss 15 (1) and 151 (1) (b)\n\nA limited motor dealer licence or limited registration certificate authorises the holder of the licence or certificate to perform only the activities mentioned in section 76 (1) (e) , (f) or (g) of the Act .","sortOrder":4},{"sectionNumber":"pt.3","sectionType":"part","heading":"General provisions about licensees or motor salespersons","content":"# General provisions about licensees or motor salespersons","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed changes in licensee’s circumstances to be notified to chief executive","content":"### sec.4 Prescribed changes in licensee’s circumstances to be notified to chief executive\n\nFor section 69 of the Act , each of the following is a prescribed change for a licensee—\na change in the licensee’s—\nname; or\nbusiness name; or\nemail address; or\npostal address; or\nbusiness facsimile number; or\ntelephone number;\na change of the person who is in charge of a licensee’s place of business;\nif the licensee is an individual, a change in the licensee’s residential address;\nif the licensee is a corporation, a change of an executive officer of the corporation;\nthe coming into existence of circumstances for the licensee that would, under section 21 (1) or 22 (1) or (2) of the Act , affect the licensee’s suitability to hold a licence if the licensee were applying for the licence.\ns 4 amd 2019 SL No. 165 s 4\n- (a) a change in the licensee’s— (i) name; or (ii) business name; or (iii) email address; or (iv) postal address; or (v) business facsimile number; or (vi) telephone number;\n- (i) name; or\n- (ii) business name; or\n- (iii) email address; or\n- (iv) postal address; or\n- (v) business facsimile number; or\n- (vi) telephone number;\n- (b) a change of the person who is in charge of a licensee’s place of business;\n- (c) if the licensee is an individual, a change in the licensee’s residential address;\n- (d) if the licensee is a corporation, a change of an executive officer of the corporation;\n- (e) the coming into existence of circumstances for the licensee that would, under section 21 (1) or 22 (1) or (2) of the Act , affect the licensee’s suitability to hold a licence if the licensee were applying for the licence.\n- (i) name; or\n- (ii) business name; or\n- (iii) email address; or\n- (iv) postal address; or\n- (v) business facsimile number; or\n- (vi) telephone number;","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Prescribed changes in motor salesperson’s circumstances to be notified to chief executive","content":"### sec.5 Prescribed changes in motor salesperson’s circumstances to be notified to chief executive\n\nFor section 188 of the Act , each of the following is a prescribed change for a motor salesperson—\na change in the salesperson’s—\nname; or\nemail address; or\nresidential address; or\npostal address; or\ntelephone number;\nthe coming into existence of circumstances for the salesperson that would, under section 157 (1) of the Act , affect the salesperson’s suitability to hold a registration certificate if the salesperson were applying for registration.\n- (a) a change in the salesperson’s— (i) name; or (ii) email address; or (iii) residential address; or (iv) postal address; or (v) telephone number;\n- (i) name; or\n- (ii) email address; or\n- (iii) residential address; or\n- (iv) postal address; or\n- (v) telephone number;\n- (b) the coming into existence of circumstances for the salesperson that would, under section 157 (1) of the Act , affect the salesperson’s suitability to hold a registration certificate if the salesperson were applying for registration.\n- (i) name; or\n- (ii) email address; or\n- (iii) residential address; or\n- (iv) postal address; or\n- (v) telephone number;","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Buyer’s premium","content":"### sec.6 Buyer’s premium\n\nFor section 130 (2) (a) (ii) of the Act , the chattel auctioneer must disclose that a buyer’s premium is payable on the purchase of goods at auction by—\nincluding the required statement for the goods in each written advertisement for the auction; and\ndisplaying the required statement for the goods in a way likely to be seen by each prospective bidder for the auction; and\nat the start of the auction—\nif bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and\nif bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\nIn this section—\nrequired statement , for goods, means a statement that a buyer’s premium of a stated percentage of the purchase price of the goods is payable on a successful bid for the purchase of the goods.\n(sec.6-ssec.1) For section 130 (2) (a) (ii) of the Act , the chattel auctioneer must disclose that a buyer’s premium is payable on the purchase of goods at auction by— including the required statement for the goods in each written advertisement for the auction; and displaying the required statement for the goods in a way likely to be seen by each prospective bidder for the auction; and at the start of the auction— if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\n(sec.6-ssec.2) In this section— required statement , for goods, means a statement that a buyer’s premium of a stated percentage of the purchase price of the goods is payable on a successful bid for the purchase of the goods.\n- (a) including the required statement for the goods in each written advertisement for the auction; and\n- (b) displaying the required statement for the goods in a way likely to be seen by each prospective bidder for the auction; and\n- (c) at the start of the auction— (i) if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and (ii) if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\n- (i) if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and\n- (ii) if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.\n- (i) if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and\n- (ii) if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prescribed particulars for statement licensee must obtain from seller of vehicle","content":"### sec.7 Prescribed particulars for statement licensee must obtain from seller of vehicle\n\nFor section 73 (1) of the Act , the prescribed particulars are as follows—\nthe seller’s name;\nthe seller’s address;\nif the seller is not a motor dealer—the seller’s driver licence number;\nthe vehicle’s make;\nthe vehicle’s body model;\nthe vehicle’s colour;\nthe vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\nthe vehicle’s identification number;\nthe vehicle’s registration number;\nthe vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\nthe vehicle’s odometer reading, in words and figures;\nif known to the seller—whether the vehicle’s odometer has been replaced;\nwhether the vehicle’s engine has been replaced by, or for, the seller and, if so, the approximate date of replacement;\nwhether the vehicle is subject to a mortgage or other encumbrance and, if so, the amount owing and to whom it is owing;\nif the vehicle is to be sold at auction—the reserve price, if any, for the auction;\nthe date the seller gives the statement to the licensee.\ns 7 amd 2019 SL No. 165 s 5\n- (a) the seller’s name;\n- (b) the seller’s address;\n- (c) if the seller is not a motor dealer—the seller’s driver licence number;\n- (d) the vehicle’s make;\n- (e) the vehicle’s body model;\n- (f) the vehicle’s colour;\n- (g) the vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\n- (h) the vehicle’s identification number;\n- (i) the vehicle’s registration number;\n- (j) the vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\n- (k) the vehicle’s odometer reading, in words and figures;\n- (l) if known to the seller—whether the vehicle’s odometer has been replaced;\n- (m) whether the vehicle’s engine has been replaced by, or for, the seller and, if so, the approximate date of replacement;\n- (n) whether the vehicle is subject to a mortgage or other encumbrance and, if so, the amount owing and to whom it is owing;\n- (o) if the vehicle is to be sold at auction—the reserve price, if any, for the auction;\n- (p) the date the seller gives the statement to the licensee.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Prescribed particulars for statement licensee must give to buyer of vehicle","content":"### sec.8 Prescribed particulars for statement licensee must give to buyer of vehicle\n\nFor section 74 (1) of the Act , the prescribed particulars are as follows—\nthe name of the person who owned the vehicle immediately before the sale;\nIf the vehicle was owned by a motor dealer immediately before the sale, the statement must include the name of the motor dealer.\nIf the vehicle is being sold on consignment by a motor dealer, the statement must include the name of the owner of the vehicle for whom the vehicle is being sold as agent.\nthe vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\nthe vehicle’s identification number;\nthe vehicle’s registration number;\nthe vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\nthe vehicle’s odometer reading, in words and figures;\nif known to the licensee—whether the odometer has been replaced;\nif known to the licensee—whether the vehicle’s engine has been replaced and, if so, the approximate date of replacement;\nthe date the licensee gives the statement to the buyer;\nthe price paid by the vehicle’s buyer.\ns 8 amd 2019 SL No. 165 s 5\n- (a) the name of the person who owned the vehicle immediately before the sale; Examples— • If the vehicle was owned by a motor dealer immediately before the sale, the statement must include the name of the motor dealer. • If the vehicle is being sold on consignment by a motor dealer, the statement must include the name of the owner of the vehicle for whom the vehicle is being sold as agent.\n- • If the vehicle was owned by a motor dealer immediately before the sale, the statement must include the name of the motor dealer.\n- • If the vehicle is being sold on consignment by a motor dealer, the statement must include the name of the owner of the vehicle for whom the vehicle is being sold as agent.\n- (b) the vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\n- (c) the vehicle’s identification number;\n- (d) the vehicle’s registration number;\n- (e) the vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\n- (f) the vehicle’s odometer reading, in words and figures;\n- (g) if known to the licensee—whether the odometer has been replaced;\n- (h) if known to the licensee—whether the vehicle’s engine has been replaced and, if so, the approximate date of replacement;\n- (i) the date the licensee gives the statement to the buyer;\n- (j) the price paid by the vehicle’s buyer.\n- • If the vehicle was owned by a motor dealer immediately before the sale, the statement must include the name of the motor dealer.\n- • If the vehicle is being sold on consignment by a motor dealer, the statement must include the name of the owner of the vehicle for whom the vehicle is being sold as agent.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Advertising or displaying motor vehicle for sale on consignment","content":"### sec.9 Advertising or displaying motor vehicle for sale on consignment\n\nFor section 101 (1) of the Act , a motor dealer must, for a motor vehicle for sale on consignment—\ninclude the words ‘no cooling-off period applies’ in each advertisement for the sale of the motor vehicle; and\nensure a sign stating ‘no cooling-off period—sale on consignment’ in letters at least 5cm high is displayed—\nin a prominent position on the motor vehicle in close proximity to the price or description of the vehicle; or\nif the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\nHowever, if a motor dealer sells only motor vehicles not subject to a cooling-off period from particular premises, it is sufficient for the motor dealer to display, in a prominent position at the main entrance to the premises, a sign stating in letters at least 10cm high that vehicles sold from the premises are not subject to a cooling-off period.\n(sec.9-ssec.1) For section 101 (1) of the Act , a motor dealer must, for a motor vehicle for sale on consignment— include the words ‘no cooling-off period applies’ in each advertisement for the sale of the motor vehicle; and ensure a sign stating ‘no cooling-off period—sale on consignment’ in letters at least 5cm high is displayed— in a prominent position on the motor vehicle in close proximity to the price or description of the vehicle; or if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n(sec.9-ssec.2) However, if a motor dealer sells only motor vehicles not subject to a cooling-off period from particular premises, it is sufficient for the motor dealer to display, in a prominent position at the main entrance to the premises, a sign stating in letters at least 10cm high that vehicles sold from the premises are not subject to a cooling-off period.\n- (a) include the words ‘no cooling-off period applies’ in each advertisement for the sale of the motor vehicle; and\n- (b) ensure a sign stating ‘no cooling-off period—sale on consignment’ in letters at least 5cm high is displayed— (i) in a prominent position on the motor vehicle in close proximity to the price or description of the vehicle; or (ii) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n- (i) in a prominent position on the motor vehicle in close proximity to the price or description of the vehicle; or\n- (ii) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n- (i) in a prominent position on the motor vehicle in close proximity to the price or description of the vehicle; or\n- (ii) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Consideration for cooling-off period or option— Act , ss 106 (1) and 107 (1)","content":"### sec.10 Consideration for cooling-off period or option— Act , ss 106 (1) and 107 (1)\n\nThe amount prescribed for a non-refundable deposit for sections 106 (1) and 107 (1) of the Act is $100.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Advertising or displaying unwarranted vehicle","content":"### sec.11 Advertising or displaying unwarranted vehicle\n\nFor sections 116 (1) and 146 (1) of the Act , a motor dealer or chattel auctioneer must, for an unwarranted vehicle—\nstate in each advertisement for the sale of the vehicle that the vehicle does not have a statutory warranty; and\nensure a sign stating ‘no statutory warranty’ in letters at least 5cm high is displayed—\nin a prominent position on the vehicle in close proximity to the display of the price or description; or\nif the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\nHowever, if a motor dealer or chattel auctioneer sells only unwarranted vehicles from particular premises, it is sufficient for the dealer or auctioneer to display, in a prominent position at the main entrance to the premises, a sign stating in letters at least 10cm high that vehicles sold from the premises do not have a statutory warranty.\ns 11 amd 2019 SL No. 165 s 6\n(sec.11-ssec.1) For sections 116 (1) and 146 (1) of the Act , a motor dealer or chattel auctioneer must, for an unwarranted vehicle— state in each advertisement for the sale of the vehicle that the vehicle does not have a statutory warranty; and ensure a sign stating ‘no statutory warranty’ in letters at least 5cm high is displayed— in a prominent position on the vehicle in close proximity to the display of the price or description; or if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n(sec.11-ssec.2) However, if a motor dealer or chattel auctioneer sells only unwarranted vehicles from particular premises, it is sufficient for the dealer or auctioneer to display, in a prominent position at the main entrance to the premises, a sign stating in letters at least 10cm high that vehicles sold from the premises do not have a statutory warranty.\n- (a) state in each advertisement for the sale of the vehicle that the vehicle does not have a statutory warranty; and\n- (b) ensure a sign stating ‘no statutory warranty’ in letters at least 5cm high is displayed— (i) in a prominent position on the vehicle in close proximity to the display of the price or description; or (ii) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n- (i) in a prominent position on the vehicle in close proximity to the display of the price or description; or\n- (ii) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n- (i) in a prominent position on the vehicle in close proximity to the display of the price or description; or\n- (ii) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.","sortOrder":13},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Advertising restorable vehicle","content":"### sec.11A Advertising restorable vehicle\n\nThis section prescribes for section 146 (2) of the Act how a restorable vehicle must be advertised for sale by a chattel auctioneer.\nThe chattel auctioneer must state in each advertisement for the sale of the restorable vehicle that the vehicle does not have a statutory warranty.\ns 11A ins 2019 SL No. 165 s 7\n(sec.11A-ssec.1) This section prescribes for section 146 (2) of the Act how a restorable vehicle must be advertised for sale by a chattel auctioneer.\n(sec.11A-ssec.2) The chattel auctioneer must state in each advertisement for the sale of the restorable vehicle that the vehicle does not have a statutory warranty.","sortOrder":14},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Displaying restorable vehicle","content":"### sec.11B Displaying restorable vehicle\n\nThis section prescribes for sections 116 (2) and 146 (2) of the Act how a restorable vehicle must be displayed for sale by a motor dealer or a chattel auctioneer.\nThe motor dealer or chattel auctioneer must ensure a sign with the prescribed statement in letters at least 5cm high is displayed—\nin a prominent position on the vehicle in close proximity to the display of the price or description; or\nif the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\nIn this section—\nprescribed statement means the following statement—\nfor a restorable vehicle displayed for sale by a motor dealer—‘no statutory warranty will apply to this restorable vehicle if the buyer waives the statutory warranty’;\nfor a restorable vehicle displayed for sale by a chattel auctioneer—‘if this vehicle is sold as a restorable vehicle, the statutory warranty will not apply’.\ns 11B ins 2019 SL No. 165 s 7\n(sec.11B-ssec.1) This section prescribes for sections 116 (2) and 146 (2) of the Act how a restorable vehicle must be displayed for sale by a motor dealer or a chattel auctioneer.\n(sec.11B-ssec.2) The motor dealer or chattel auctioneer must ensure a sign with the prescribed statement in letters at least 5cm high is displayed— in a prominent position on the vehicle in close proximity to the display of the price or description; or if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n(sec.11B-ssec.3) In this section— prescribed statement means the following statement— for a restorable vehicle displayed for sale by a motor dealer—‘no statutory warranty will apply to this restorable vehicle if the buyer waives the statutory warranty’; for a restorable vehicle displayed for sale by a chattel auctioneer—‘if this vehicle is sold as a restorable vehicle, the statutory warranty will not apply’.\n- (a) in a prominent position on the vehicle in close proximity to the display of the price or description; or\n- (b) if the vehicle does not have a price or description displayed—on the front windscreen of the vehicle.\n- (a) for a restorable vehicle displayed for sale by a motor dealer—‘no statutory warranty will apply to this restorable vehicle if the buyer waives the statutory warranty’;\n- (b) for a restorable vehicle displayed for sale by a chattel auctioneer—‘if this vehicle is sold as a restorable vehicle, the statutory warranty will not apply’.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Display and announcement of chattel auctioneer’s name","content":"### sec.12 Display and announcement of chattel auctioneer’s name\n\nFor section 148 of the Act , a chattel auctioneer who conducts an auction must display at the auction the auctioneer’s name—\nin a conspicuous position so it is clearly visible; and\nfor the entire period of the auction.\nHowever, subsection (1) does not apply if the display of the auctioneer’s name in the way stated in subsection (1) would be ineffective because—\nthe exposure of the place where the auction is held to the elements prevents the effective display; or\na livestock auction conducted outdoors\nthe auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name.\nan auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items\nIf subsection (2) applies, the chattel auctioneer must announce the auctioneer’s name at the start of the auction.\n(sec.12-ssec.1) For section 148 of the Act , a chattel auctioneer who conducts an auction must display at the auction the auctioneer’s name— in a conspicuous position so it is clearly visible; and for the entire period of the auction.\n(sec.12-ssec.2) However, subsection (1) does not apply if the display of the auctioneer’s name in the way stated in subsection (1) would be ineffective because— the exposure of the place where the auction is held to the elements prevents the effective display; or a livestock auction conducted outdoors the auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name. an auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items\n(sec.12-ssec.3) If subsection (2) applies, the chattel auctioneer must announce the auctioneer’s name at the start of the auction.\n- (a) in a conspicuous position so it is clearly visible; and\n- (b) for the entire period of the auction.\n- (a) the exposure of the place where the auction is held to the elements prevents the effective display; or Example— a livestock auction conducted outdoors\n- (b) the auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name. Example— an auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Prescribed particulars for motor dealer’s transactions register","content":"### sec.13 Prescribed particulars for motor dealer’s transactions register\n\nFor section 117 (2) of the Act , each of the following is a prescribed particular—\nthe date of receipt of the vehicle by the motor dealer;\na brief description of the transaction;\nsale on consignment for a motor dealer\nsale on consignment for a private seller\nsale by a motor dealer for the motor dealer\nthe vehicle’s odometer reading as at the date of receipt by the motor dealer, in words and figures;\nthe vehicle’s make;\nthe vehicle’s body model;\nthe vehicle’s colour;\nthe vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\nthe vehicle’s identification number;\nthe vehicle’s registration number;\nthe vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\nthe date of the vehicle’s sale;\nthe following details of the vehicle’s disposal—\nif the vehicle is sold—the sale price and the name and address of the buyer;\nif the vehicle is accepted for sale on consignment and is returned to its owner—the date the vehicle is returned;\nif the vehicle is offered for sale at auction and not sold—the date of the auction, the amount of the highest bid and, if known, the name and address of the highest bidder;\nthe name and address of the vehicle’s seller;\nif the vehicle is moved from 1 place of business to another—\nthe date of the move; and\nthe place the vehicle is located;\nif the motor dealer operates from a number of places of business—the vehicle’s exact location.\nHowever, only the particulars mentioned in subsection (1) (a) , (d) to (g) or (m) are prescribed for section 117 (2) of the Act if the transaction was the acquisition by the dealer of a used motor vehicle (whether or not as a complete unit) primarily for—\nbreaking up for sale as parts; or\nuse in the assembly of vehicles for sale as complete units or as parts.\ns 13 amd 2019 SL No. 165 s 5\n(sec.13-ssec.1) For section 117 (2) of the Act , each of the following is a prescribed particular— the date of receipt of the vehicle by the motor dealer; a brief description of the transaction; sale on consignment for a motor dealer sale on consignment for a private seller sale by a motor dealer for the motor dealer the vehicle’s odometer reading as at the date of receipt by the motor dealer, in words and figures; the vehicle’s make; the vehicle’s body model; the vehicle’s colour; the vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number; the vehicle’s identification number; the vehicle’s registration number; the vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ; the date of the vehicle’s sale; the following details of the vehicle’s disposal— if the vehicle is sold—the sale price and the name and address of the buyer; if the vehicle is accepted for sale on consignment and is returned to its owner—the date the vehicle is returned; if the vehicle is offered for sale at auction and not sold—the date of the auction, the amount of the highest bid and, if known, the name and address of the highest bidder; the name and address of the vehicle’s seller; if the vehicle is moved from 1 place of business to another— the date of the move; and the place the vehicle is located; if the motor dealer operates from a number of places of business—the vehicle’s exact location.\n(sec.13-ssec.2) However, only the particulars mentioned in subsection (1) (a) , (d) to (g) or (m) are prescribed for section 117 (2) of the Act if the transaction was the acquisition by the dealer of a used motor vehicle (whether or not as a complete unit) primarily for— breaking up for sale as parts; or use in the assembly of vehicles for sale as complete units or as parts.\n- (a) the date of receipt of the vehicle by the motor dealer;\n- (b) a brief description of the transaction; Examples for paragraph (b) — • sale on consignment for a motor dealer • sale on consignment for a private seller • sale by a motor dealer for the motor dealer\n- • sale on consignment for a motor dealer\n- • sale on consignment for a private seller\n- • sale by a motor dealer for the motor dealer\n- (c) the vehicle’s odometer reading as at the date of receipt by the motor dealer, in words and figures;\n- (d) the vehicle’s make;\n- (e) the vehicle’s body model;\n- (f) the vehicle’s colour;\n- (g) the vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\n- (h) the vehicle’s identification number;\n- (i) the vehicle’s registration number;\n- (j) the vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\n- (k) the date of the vehicle’s sale;\n- (l) the following details of the vehicle’s disposal— (i) if the vehicle is sold—the sale price and the name and address of the buyer; (ii) if the vehicle is accepted for sale on consignment and is returned to its owner—the date the vehicle is returned; (iii) if the vehicle is offered for sale at auction and not sold—the date of the auction, the amount of the highest bid and, if known, the name and address of the highest bidder;\n- (i) if the vehicle is sold—the sale price and the name and address of the buyer;\n- (ii) if the vehicle is accepted for sale on consignment and is returned to its owner—the date the vehicle is returned;\n- (iii) if the vehicle is offered for sale at auction and not sold—the date of the auction, the amount of the highest bid and, if known, the name and address of the highest bidder;\n- (m) the name and address of the vehicle’s seller;\n- (n) if the vehicle is moved from 1 place of business to another— (i) the date of the move; and (ii) the place the vehicle is located;\n- (i) the date of the move; and\n- (ii) the place the vehicle is located;\n- (o) if the motor dealer operates from a number of places of business—the vehicle’s exact location.\n- • sale on consignment for a motor dealer\n- • sale on consignment for a private seller\n- • sale by a motor dealer for the motor dealer\n- (i) if the vehicle is sold—the sale price and the name and address of the buyer;\n- (ii) if the vehicle is accepted for sale on consignment and is returned to its owner—the date the vehicle is returned;\n- (iii) if the vehicle is offered for sale at auction and not sold—the date of the auction, the amount of the highest bid and, if known, the name and address of the highest bidder;\n- (i) the date of the move; and\n- (ii) the place the vehicle is located;\n- (a) breaking up for sale as parts; or\n- (b) use in the assembly of vehicles for sale as complete units or as parts.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Sale of goods, other than livestock, by chattel auctioneers— Act , s 236 (2) (a) (ii)","content":"### sec.14 Sale of goods, other than livestock, by chattel auctioneers— Act , s 236 (2) (a) (ii)\n\nThis section applies if—\na person places goods with a chattel auctioneer for sale; or\na chattel auctioneer sells goods belonging to the auctioneer.\nWhen the person places the goods with the chattel auctioneer for sale, the auctioneer must enter in the auctioneer’s auction store book—\na description of the goods; and\nthe details of any mark, number or other particular relied upon for the identification of the goods; and\nthe reserve price, if any, for the goods for the auction; and\nfor goods other than goods belonging to the auctioneer—\nthe name and address of the seller or person who delivered the goods to the auctioneer; and\nthe date the goods were delivered to the auctioneer.\nMaximum penalty—10 penalty units.\nFor subsection (2) , the chattel auctioneer may group the goods and enter them in the auctioneer’s auction store book as 1 item if—\nthe goods consist of articles; and\nthe articles are delivered to the auctioneer by 1 person; and\nthe lot value of the articles is not more than $50.\nWithin 24 hours after selling the goods at auction, the chattel auctioneer must enter in the auctioneer’s auction sales book—\nthe date of the auction; and\na description of the goods; and\nthe sale price paid for the goods at the auction; and\nthe name and address of the buyer of the goods; and\na cross-reference to the relevant entry for the goods in the auctioneer’s auction store book.\nMaximum penalty—10 penalty units.\nThe auctioneer must keep the following at the auctioneer’s registered office—\nthe auction store book;\nthe auction sales book.\nMaximum penalty—10 penalty units.\nIn this section—\ngoods does not include livestock.\n(sec.14-ssec.1) This section applies if— a person places goods with a chattel auctioneer for sale; or a chattel auctioneer sells goods belonging to the auctioneer.\n(sec.14-ssec.2) When the person places the goods with the chattel auctioneer for sale, the auctioneer must enter in the auctioneer’s auction store book— a description of the goods; and the details of any mark, number or other particular relied upon for the identification of the goods; and the reserve price, if any, for the goods for the auction; and for goods other than goods belonging to the auctioneer— the name and address of the seller or person who delivered the goods to the auctioneer; and the date the goods were delivered to the auctioneer. Maximum penalty—10 penalty units.\n(sec.14-ssec.3) For subsection (2) , the chattel auctioneer may group the goods and enter them in the auctioneer’s auction store book as 1 item if— the goods consist of articles; and the articles are delivered to the auctioneer by 1 person; and the lot value of the articles is not more than $50.\n(sec.14-ssec.4) Within 24 hours after selling the goods at auction, the chattel auctioneer must enter in the auctioneer’s auction sales book— the date of the auction; and a description of the goods; and the sale price paid for the goods at the auction; and the name and address of the buyer of the goods; and a cross-reference to the relevant entry for the goods in the auctioneer’s auction store book. Maximum penalty—10 penalty units.\n(sec.14-ssec.5) The auctioneer must keep the following at the auctioneer’s registered office— the auction store book; the auction sales book. Maximum penalty—10 penalty units.\n(sec.14-ssec.6) In this section— goods does not include livestock.\n- (a) a person places goods with a chattel auctioneer for sale; or\n- (b) a chattel auctioneer sells goods belonging to the auctioneer.\n- (a) a description of the goods; and\n- (b) the details of any mark, number or other particular relied upon for the identification of the goods; and\n- (c) the reserve price, if any, for the goods for the auction; and\n- (d) for goods other than goods belonging to the auctioneer— (i) the name and address of the seller or person who delivered the goods to the auctioneer; and (ii) the date the goods were delivered to the auctioneer.\n- (i) the name and address of the seller or person who delivered the goods to the auctioneer; and\n- (ii) the date the goods were delivered to the auctioneer.\n- (i) the name and address of the seller or person who delivered the goods to the auctioneer; and\n- (ii) the date the goods were delivered to the auctioneer.\n- (a) the goods consist of articles; and\n- (b) the articles are delivered to the auctioneer by 1 person; and\n- (c) the lot value of the articles is not more than $50.\n- (a) the date of the auction; and\n- (b) a description of the goods; and\n- (c) the sale price paid for the goods at the auction; and\n- (d) the name and address of the buyer of the goods; and\n- (e) a cross-reference to the relevant entry for the goods in the auctioneer’s auction store book.\n- (a) the auction store book;\n- (b) the auction sales book.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Sales of livestock by chattel auctioneers— Act , s 236 (2) (a) (ii)","content":"### sec.15 Sales of livestock by chattel auctioneers— Act , s 236 (2) (a) (ii)\n\nThis section applies to a sale of livestock by auction by a chattel auctioneer.\nBefore the auction, the chattel auctioneer must—\nenter in the auctioneer’s livestock auction book—\na description of the livestock; and\nthe number of livestock; and\nthe name and address of the client for whom the auctioneer is selling the livestock; and\nif livestock is to be sold on other than a cash basis—obtain a written authority for the sale—\nsigned by the client; and\nstating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\nMaximum penalty—10 penalty units.\nAt the start of the auction the chattel auctioneer must—\nannounce the name of the client for whom the auctioneer is selling the livestock to the bidders present at the auction; and\nif the auction is being conducted online, display the name of the client for whom the auctioneer is selling the livestock to each person who may bid online during the auction.\nMaximum penalty—10 penalty units.\nAfter selling the livestock at auction, the chattel auctioneer must, as soon as practicable, enter in the auctioneer’s livestock auction book—\nthe date of the auction of the livestock; and\nthe buyer’s name; and\nthe price paid by the buyer.\nMaximum penalty—10 penalty units.\nThe chattel auctioneer must keep both of the following at the auctioneer’s registered office—\nthe auctioneer’s livestock auction book;\nany written authority for the sale obtained under subsection (2) (b) .\nMaximum penalty—10 penalty units.\n(sec.15-ssec.1) This section applies to a sale of livestock by auction by a chattel auctioneer.\n(sec.15-ssec.2) Before the auction, the chattel auctioneer must— enter in the auctioneer’s livestock auction book— a description of the livestock; and the number of livestock; and the name and address of the client for whom the auctioneer is selling the livestock; and if livestock is to be sold on other than a cash basis—obtain a written authority for the sale— signed by the client; and stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses. Maximum penalty—10 penalty units.\n(sec.15-ssec.3) At the start of the auction the chattel auctioneer must— announce the name of the client for whom the auctioneer is selling the livestock to the bidders present at the auction; and if the auction is being conducted online, display the name of the client for whom the auctioneer is selling the livestock to each person who may bid online during the auction. Maximum penalty—10 penalty units.\n(sec.15-ssec.4) After selling the livestock at auction, the chattel auctioneer must, as soon as practicable, enter in the auctioneer’s livestock auction book— the date of the auction of the livestock; and the buyer’s name; and the price paid by the buyer. Maximum penalty—10 penalty units.\n(sec.15-ssec.5) The chattel auctioneer must keep both of the following at the auctioneer’s registered office— the auctioneer’s livestock auction book; any written authority for the sale obtained under subsection (2) (b) . Maximum penalty—10 penalty units.\n- (a) enter in the auctioneer’s livestock auction book— (i) a description of the livestock; and (ii) the number of livestock; and (iii) the name and address of the client for whom the auctioneer is selling the livestock; and\n- (i) a description of the livestock; and\n- (ii) the number of livestock; and\n- (iii) the name and address of the client for whom the auctioneer is selling the livestock; and\n- (b) if livestock is to be sold on other than a cash basis—obtain a written authority for the sale— (i) signed by the client; and (ii) stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\n- (i) signed by the client; and\n- (ii) stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\n- (i) a description of the livestock; and\n- (ii) the number of livestock; and\n- (iii) the name and address of the client for whom the auctioneer is selling the livestock; and\n- (i) signed by the client; and\n- (ii) stating the auctioneer must pay to the client only the money actually paid to the auctioneer for the sale of the livestock, less the auctioneer’s commission and authorised expenses.\n- (a) announce the name of the client for whom the auctioneer is selling the livestock to the bidders present at the auction; and\n- (b) if the auction is being conducted online, display the name of the client for whom the auctioneer is selling the livestock to each person who may bid online during the auction.\n- (a) the date of the auction of the livestock; and\n- (b) the buyer’s name; and\n- (c) the price paid by the buyer.\n- (a) the auctioneer’s livestock auction book;\n- (b) any written authority for the sale obtained under subsection (2) (b) .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Motor dealer receipts— Act , s 236 (2) (k)","content":"### sec.16 Motor dealer receipts— Act , s 236 (2) (k)\n\nThis section applies to a motor dealer who receives a payment from a buyer, a prospective buyer or an option holder in relation to the purchase of a used motor vehicle.\nThe motor dealer must promptly give the buyer, prospective buyer or option holder a receipt that is headed ‘Motor Dealers and Chattel Auctioneers Act 2014’ and states the following particulars—\nthe motor dealer’s name;\nthe name of the buyer, prospective buyer or option holder;\nthe vehicle’s purchase price;\nthe date of the payment;\nthe amount of the payment;\nif the buyer, prospective buyer or option holder pays for the vehicle by cheque—the drawer of the cheque;\nthe vehicle’s make;\nthe vehicle’s body model;\nthe vehicle’s colour;\nthe vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\nthe vehicle’s identification number;\nthe vehicle’s registration number;\nthe vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\nthe name and signature of the person giving the receipt.\nMaximum penalty—10 penalty units.\nThe motor dealer must keep a duplicate of the receipt in the motor dealer’s records.\nMaximum penalty—10 penalty units.\ns 16 amd 2019 SL No. 165 s 5\n(sec.16-ssec.1) This section applies to a motor dealer who receives a payment from a buyer, a prospective buyer or an option holder in relation to the purchase of a used motor vehicle.\n(sec.16-ssec.2) The motor dealer must promptly give the buyer, prospective buyer or option holder a receipt that is headed ‘Motor Dealers and Chattel Auctioneers Act 2014’ and states the following particulars— the motor dealer’s name; the name of the buyer, prospective buyer or option holder; the vehicle’s purchase price; the date of the payment; the amount of the payment; if the buyer, prospective buyer or option holder pays for the vehicle by cheque—the drawer of the cheque; the vehicle’s make; the vehicle’s body model; the vehicle’s colour; the vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number; the vehicle’s identification number; the vehicle’s registration number; the vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ; the name and signature of the person giving the receipt. Maximum penalty—10 penalty units.\n(sec.16-ssec.3) The motor dealer must keep a duplicate of the receipt in the motor dealer’s records. Maximum penalty—10 penalty units.\n- (a) the motor dealer’s name;\n- (b) the name of the buyer, prospective buyer or option holder;\n- (c) the vehicle’s purchase price;\n- (d) the date of the payment;\n- (e) the amount of the payment;\n- (f) if the buyer, prospective buyer or option holder pays for the vehicle by cheque—the drawer of the cheque;\n- (g) the vehicle’s make;\n- (h) the vehicle’s body model;\n- (i) the vehicle’s colour;\n- (j) the vehicle’s engine number or, if the vehicle is a caravan, the vehicle’s chassis number;\n- (k) the vehicle’s identification number;\n- (l) the vehicle’s registration number;\n- (m) the vehicle’s built date, within the meaning of schedule 1 , section 3C (1) of the Act ;\n- (n) the name and signature of the person giving the receipt.","sortOrder":20},{"sectionNumber":"pt.4","sectionType":"part","heading":"Keeping documents","content":"# Keeping documents","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Keeping documents","content":"### sec.17 Keeping documents\n\nThis section applies subject to the Evidence Act 1977 , section 111 .\nA principal licensee must keep each document the licensee is required to keep under the Act —\nin a secure, orderly and accessible manner; and\nfor at least 5 years.\nMaximum penalty—10 penalty units.\n(sec.17-ssec.1) This section applies subject to the Evidence Act 1977 , section 111 .\n(sec.17-ssec.2) A principal licensee must keep each document the licensee is required to keep under the Act — in a secure, orderly and accessible manner; and for at least 5 years. Maximum penalty—10 penalty units.\n- (a) in a secure, orderly and accessible manner; and\n- (b) for at least 5 years.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Keeping documents in electronic form","content":"### sec.18 Keeping documents in electronic form\n\nThis section applies if—\na principal licensee is required to keep a document under the Act ; and\nthe document is stored in electronic form on a computer.\nThe principal licensee must ensure—\nthe computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\nthe computer system is backed up at least once a month; and\na computer disk or other electronic device used to store the backed-up information is kept in a location that—\nis not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and\nis unaffected by magnetic interference or another thing that may adversely affect the stored information.\nMaximum penalty—10 penalty units.\ns 18 amd 2019 SL No. 165 s 8\n(sec.18-ssec.1) This section applies if— a principal licensee is required to keep a document under the Act ; and the document is stored in electronic form on a computer.\n(sec.18-ssec.2) The principal licensee must ensure— the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and the computer system is backed up at least once a month; and a computer disk or other electronic device used to store the backed-up information is kept in a location that— is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and is unaffected by magnetic interference or another thing that may adversely affect the stored information. Maximum penalty—10 penalty units.\n- (a) a principal licensee is required to keep a document under the Act ; and\n- (b) the document is stored in electronic form on a computer.\n- (a) the computer system has enough capacity and backup capability to record the information required to be kept under the Act ; and\n- (b) the computer system is backed up at least once a month; and\n- (c) a computer disk or other electronic device used to store the backed-up information is kept in a location that— (i) is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.\n- (i) is not the principal licensee’s registered office, or if the principal licensee has more than 1 place of business, is not the principal licensee’s registered office or other place of business; and\n- (ii) is unaffected by magnetic interference or another thing that may adversely affect the stored information.","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Conduct standards","content":"# Conduct standards","sortOrder":24},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Conduct standards","content":"## Conduct standards","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conduct standards","content":"### sec.19 Conduct standards\n\nThis part provides—\nconduct standards for motor dealers and motor salespersons for section 94 of the Act ; and\nconduct standards for chattel auctioneers for section 140 of the Act .\n- (a) conduct standards for motor dealers and motor salespersons for section 94 of the Act ; and\n- (b) conduct standards for chattel auctioneers for section 140 of the Act .","sortOrder":26},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Motor dealers and motor salespersons","content":"## Motor dealers and motor salespersons","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Motor dealer to act in accordance with client’s instructions","content":"### sec.20 Motor dealer to act in accordance with client’s instructions\n\nA motor dealer must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so.\nHowever, the price at which a motor dealer offers to sell or buy a used motor vehicle must be in accordance with the client’s written instructions.\n(sec.20-ssec.1) A motor dealer must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so.\n(sec.20-ssec.2) However, the price at which a motor dealer offers to sell or buy a used motor vehicle must be in accordance with the client’s written instructions.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conflict of duty or interest","content":"### sec.21 Conflict of duty or interest\n\nA motor dealer must not accept an appointment to act, or continue to act, as a motor dealer for a client if doing so will place the motor dealer’s duty or interests in conflict with the client’s interests.\nA motor salesperson must not act, or continue to act, as a motor salesperson for a client if doing so will place the salesperson’s duty or interests in conflict with the client’s interests.\nHowever—\nsubsection (1) does not apply if the motor dealer discloses the conflict to the client in writing before accepting the appointment or continuing to act; and\nsubsection (2) does not apply if the motor salesperson discloses the conflict to the client in writing before acting or continuing to act.\n(sec.21-ssec.1) A motor dealer must not accept an appointment to act, or continue to act, as a motor dealer for a client if doing so will place the motor dealer’s duty or interests in conflict with the client’s interests.\n(sec.21-ssec.2) A motor salesperson must not act, or continue to act, as a motor salesperson for a client if doing so will place the salesperson’s duty or interests in conflict with the client’s interests.\n(sec.21-ssec.3) However— subsection (1) does not apply if the motor dealer discloses the conflict to the client in writing before accepting the appointment or continuing to act; and subsection (2) does not apply if the motor salesperson discloses the conflict to the client in writing before acting or continuing to act.\n- (a) subsection (1) does not apply if the motor dealer discloses the conflict to the client in writing before accepting the appointment or continuing to act; and\n- (b) subsection (2) does not apply if the motor salesperson discloses the conflict to the client in writing before acting or continuing to act.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Finding out or verifying used motor vehicle ownership","content":"### sec.22 Finding out or verifying used motor vehicle ownership\n\nA motor dealer or motor salesperson must take reasonable steps to find out or verify the ownership of a used motor vehicle before offering it for sale.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Finding out or verifying facts material to the sale or purchase of used motor vehicle","content":"### sec.23 Finding out or verifying facts material to the sale or purchase of used motor vehicle\n\nThis section applies to a motor dealer or motor salesperson acting in the sale or purchase of a used motor vehicle.\nThe motor dealer or motor salesperson must take reasonable steps to find out or verify the facts material to the sale or purchase that a prudent motor dealer or motor salesperson would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\nThe steps must be taken before offering the vehicle for sale and afterwards as the occasion arises.\n(sec.23-ssec.1) This section applies to a motor dealer or motor salesperson acting in the sale or purchase of a used motor vehicle.\n(sec.23-ssec.2) The motor dealer or motor salesperson must take reasonable steps to find out or verify the facts material to the sale or purchase that a prudent motor dealer or motor salesperson would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\n(sec.23-ssec.3) The steps must be taken before offering the vehicle for sale and afterwards as the occasion arises.","sortOrder":31},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Chattel auctioneers","content":"## Chattel auctioneers","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Chattel auctioneer to act in accordance with client’s instructions","content":"### sec.24 Chattel auctioneer to act in accordance with client’s instructions\n\nA chattel auctioneer must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so.\nA chattel auctioneer must not market, or advertise or offer to sell, goods on terms different from the terms authorised by the client.\nHowever, the price at which a chattel auctioneer offers to sell goods must be in accordance with the client’s written instructions\n(sec.24-ssec.1) A chattel auctioneer must act in accordance with a client’s instructions unless it is contrary to this division or otherwise unlawful to do so. A chattel auctioneer must not market, or advertise or offer to sell, goods on terms different from the terms authorised by the client.\n(sec.24-ssec.2) However, the price at which a chattel auctioneer offers to sell goods must be in accordance with the client’s written instructions","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conflict of duty or interest","content":"### sec.25 Conflict of duty or interest\n\nA chattel auctioneer must not accept an appointment to act, or continue to act, as a chattel auctioneer for a client if doing so will place the auctioneer’s duty or interests in conflict with the client’s interests.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Finding out or verifying property ownership and description","content":"### sec.26 Finding out or verifying property ownership and description\n\nBefore auctioning goods, a chattel auctioneer appointed to sell the goods must take reasonable steps to find out or verify the ownership and description of the goods.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Finding out or verifying facts material to the sale of goods","content":"### sec.27 Finding out or verifying facts material to the sale of goods\n\nA chattel auctioneer appointed to sell goods must take reasonable steps to find out or verify the facts material to the sale that a prudent chattel auctioneer would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\nThe steps must be taken before the auctioneer lists the goods for auction and afterwards as the occasion arises.\n(sec.27-ssec.1) A chattel auctioneer appointed to sell goods must take reasonable steps to find out or verify the facts material to the sale that a prudent chattel auctioneer would have found out or verified to avoid error, omission, exaggeration or misrepresentation.\n(sec.27-ssec.2) The steps must be taken before the auctioneer lists the goods for auction and afterwards as the occasion arises.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Registration of bidders and related obligations for auction","content":"### sec.28 Registration of bidders and related obligations for auction\n\nFor each auction a chattel auctioneer conducts at the same place on the same day, the auctioneer must keep a register of each bidder (a registered bidder ) registered under this section to bid at the auction.\nThe auctioneer must—\ninform persons considering bidding in the auction that only bids from registered bidders will be accepted; and\nbefore accepting a bid—ensure the bidder is a registered bidder.\nHowever, if a bidder has previously been registered by the auctioneer for the sale of livestock or used motor vehicles, the bidder’s previous registration may be applied to 1 or more subsequent auctions conducted by the auctioneer.\nThe auctioneer may register a person as a bidder only if the person—\ngives the auctioneer the person’s name and address; and\nproduces satisfactory evidence of the person’s identity to the auctioneer; and\na driver licence with the person’s photo on it\ngives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone.\nThe auctioneer must, if satisfied of the person’s identity—\nassign a unique bidder identifier to the person; and\nrecord the person’s name and address, and the unique bidder identifier assigned by the auctioneer to the person, in the register.\nIf the auction is for the sale of goods other than livestock, the auctioneer must ensure—\nthe unique bidder identifier assigned to the person can be easily used by the person to bid during the auction; and\nThe auctioneer may give the person a card or other thing with the person’s unique bidder identifier clearly shown on it.\nthe unique bidder identifier can be easily identified by the auctioneer when the person uses it to make a bid during the auction.\nThe auctioneer must keep the register for at least 5 years after the day of the last entry made in it.\n(sec.28-ssec.1) For each auction a chattel auctioneer conducts at the same place on the same day, the auctioneer must keep a register of each bidder (a registered bidder ) registered under this section to bid at the auction.\n(sec.28-ssec.2) The auctioneer must— inform persons considering bidding in the auction that only bids from registered bidders will be accepted; and before accepting a bid—ensure the bidder is a registered bidder.\n(sec.28-ssec.3) However, if a bidder has previously been registered by the auctioneer for the sale of livestock or used motor vehicles, the bidder’s previous registration may be applied to 1 or more subsequent auctions conducted by the auctioneer.\n(sec.28-ssec.4) The auctioneer may register a person as a bidder only if the person— gives the auctioneer the person’s name and address; and produces satisfactory evidence of the person’s identity to the auctioneer; and a driver licence with the person’s photo on it gives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone.\n(sec.28-ssec.5) The auctioneer must, if satisfied of the person’s identity— assign a unique bidder identifier to the person; and record the person’s name and address, and the unique bidder identifier assigned by the auctioneer to the person, in the register.\n(sec.28-ssec.6) If the auction is for the sale of goods other than livestock, the auctioneer must ensure— the unique bidder identifier assigned to the person can be easily used by the person to bid during the auction; and The auctioneer may give the person a card or other thing with the person’s unique bidder identifier clearly shown on it. the unique bidder identifier can be easily identified by the auctioneer when the person uses it to make a bid during the auction.\n(sec.28-ssec.7) The auctioneer must keep the register for at least 5 years after the day of the last entry made in it.\n- (a) inform persons considering bidding in the auction that only bids from registered bidders will be accepted; and\n- (b) before accepting a bid—ensure the bidder is a registered bidder.\n- (a) gives the auctioneer the person’s name and address; and\n- (b) produces satisfactory evidence of the person’s identity to the auctioneer; and Example for paragraph (b) — a driver licence with the person’s photo on it\n- (c) gives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone.\n- (a) assign a unique bidder identifier to the person; and\n- (b) record the person’s name and address, and the unique bidder identifier assigned by the auctioneer to the person, in the register.\n- (a) the unique bidder identifier assigned to the person can be easily used by the person to bid during the auction; and Example for paragraph (a) — The auctioneer may give the person a card or other thing with the person’s unique bidder identifier clearly shown on it.\n- (b) the unique bidder identifier can be easily identified by the auctioneer when the person uses it to make a bid during the auction.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Bids by sellers","content":"### sec.29 Bids by sellers\n\nIf the seller of goods offered for sale by auction conducted by a chattel auctioneer bids for the goods when they are offered for sale, the auctioneer must disclose to the other bidders that the bid is made by the seller.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Disclosure of bidder identity","content":"### sec.30 Disclosure of bidder identity\n\nA chattel auctioneer must not disclose the identity of a bidder registered by the auctioneer under section 28 to anyone other than an inspector or a court.\nHowever, the chattel auctioneer may disclose a bidder’s identity to the seller of the goods offered for sale if the disclosure is necessary to—\nenable the seller to negotiate with the bidder after the goods have been passed in; or\notherwise facilitate the sale of the goods.\n(sec.30-ssec.1) A chattel auctioneer must not disclose the identity of a bidder registered by the auctioneer under section 28 to anyone other than an inspector or a court.\n(sec.30-ssec.2) However, the chattel auctioneer may disclose a bidder’s identity to the seller of the goods offered for sale if the disclosure is necessary to— enable the seller to negotiate with the bidder after the goods have been passed in; or otherwise facilitate the sale of the goods.\n- (a) enable the seller to negotiate with the bidder after the goods have been passed in; or\n- (b) otherwise facilitate the sale of the goods.","sortOrder":39},{"sectionNumber":"pt.6","sectionType":"part","heading":"Issuing or renewing licence for shorter term","content":"# Issuing or renewing licence for shorter term","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Shorter term for additional licence— Act , s 66 (2)","content":"### sec.31 Shorter term for additional licence— Act , s 66 (2)\n\nSubsection (2) applies if—\na person applies for 1 or more licences under the Act or an Agents Act; and\nthe application has not been decided when the person applies for 1 or more additional licences under the Act ; and\nan application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\nThe chief executive may issue a licence for an application under the Act mentioned in subsection (1) for a shortened term, so that each licence mentioned in that subsection expires at the same time.\nSubsection (4) applies if—\na person holds a licence under the Act or an Agents Act; and\nthe person applies for 1 or more additional licences under the Act (the second licence ).\nThe chief executive may issue the second licence for a shortened term, so that each licence mentioned in subsection (3) expires at the same time.\n(sec.31-ssec.1) Subsection (2) applies if— a person applies for 1 or more licences under the Act or an Agents Act; and the application has not been decided when the person applies for 1 or more additional licences under the Act ; and an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\n(sec.31-ssec.2) The chief executive may issue a licence for an application under the Act mentioned in subsection (1) for a shortened term, so that each licence mentioned in that subsection expires at the same time.\n(sec.31-ssec.3) Subsection (4) applies if— a person holds a licence under the Act or an Agents Act; and the person applies for 1 or more additional licences under the Act (the second licence ).\n(sec.31-ssec.4) The chief executive may issue the second licence for a shortened term, so that each licence mentioned in subsection (3) expires at the same time.\n- (a) a person applies for 1 or more licences under the Act or an Agents Act; and\n- (b) the application has not been decided when the person applies for 1 or more additional licences under the Act ; and\n- (c) an application mentioned in paragraph (a) or (b) is decided before the other applications are decided.\n- (a) a person holds a licence under the Act or an Agents Act; and\n- (b) the person applies for 1 or more additional licences under the Act (the second licence ).","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Shorter term for renewal of licence— Act , s 66 (2)","content":"### sec.32 Shorter term for renewal of licence— Act , s 66 (2)\n\nThis section applies if—\na person holds a licence under the Act or an Agents Act; and\nthe person applies for renewal of 1 or more additional licences under the Act .\nThe chief executive may renew a licence mentioned in subsection (1) (b) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n(sec.32-ssec.1) This section applies if— a person holds a licence under the Act or an Agents Act; and the person applies for renewal of 1 or more additional licences under the Act .\n(sec.32-ssec.2) The chief executive may renew a licence mentioned in subsection (1) (b) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n- (a) a person holds a licence under the Act or an Agents Act; and\n- (b) the person applies for renewal of 1 or more additional licences under the Act .","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Shorter term if holder of another licence carries on business with applicant— Act , s 66 (2)","content":"### sec.33 Shorter term if holder of another licence carries on business with applicant— Act , s 66 (2)\n\nSubsection (2) applies if—\na person applies for—\n1 or more licences; or\nthe renewal of 1 or more licences; and\nanother person who carries on business with the applicant holds a licence under the Act or an Agents Act.\nThe chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n(sec.33-ssec.1) Subsection (2) applies if— a person applies for— 1 or more licences; or the renewal of 1 or more licences; and another person who carries on business with the applicant holds a licence under the Act or an Agents Act.\n(sec.33-ssec.2) The chief executive may issue or renew a licence mentioned in subsection (1) (a) for a shortened term, so that each licence mentioned in subsection (1) expires at the same time.\n- (a) a person applies for— (i) 1 or more licences; or (ii) the renewal of 1 or more licences; and\n- (i) 1 or more licences; or\n- (ii) the renewal of 1 or more licences; and\n- (b) another person who carries on business with the applicant holds a licence under the Act or an Agents Act.\n- (i) 1 or more licences; or\n- (ii) the renewal of 1 or more licences; and","sortOrder":43},{"sectionNumber":"pt.7","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":44},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Fees payable","content":"## Fees payable","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Fees","content":"### sec.34 Fees\n\nSubject to division 2 , the fees payable under the Act are prescribed in schedule 1 .","sortOrder":46},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.34A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\nif the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 34A ins 2022 SL No. 79 s 118\n(sec.34A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.34A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\n- (d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).","sortOrder":47},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Licences","content":"## Licences","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Fee discount for multiple applications under the Act or an Agents Act","content":"### sec.35 Fee discount for multiple applications under the Act or an Agents Act\n\nThis section applies if—\na person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or\na person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\nIf—\nthe licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and\n1 of the applications is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;\nthe licence issue fee for each of the other licences is nil.\nIf the licence issue fee payable for each licence mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.\nIf the applicant is a corporation and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.\nIn this section—\napplication fee includes an application fee for a licence under an Agents Act.\nlicence issue fee includes a licence issue fee for a licence under an Agents Act.\ns 35 amd 2022 SL No. 79 s 119\n(sec.35-ssec.1) This section applies if— a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\n(sec.35-ssec.2) If— the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and 1 of the applications is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ; the licence issue fee for each of the other licences is nil.\n(sec.35-ssec.3) If the licence issue fee payable for each licence mentioned in subsection (1) is the same and 1 of the applications is accompanied by the licence issue fee, the licence issue fee for each of the other applications is nil.\n(sec.35-ssec.4) If the applicant is a corporation and 1 of the licence applications mentioned in subsection (1) is accompanied by an application fee, the application fee for each other application is nil.\n(sec.35-ssec.5) In this section— application fee includes an application fee for a licence under an Agents Act. licence issue fee includes a licence issue fee for a licence under an Agents Act.\n- (a) a person’s application for a licence has not been decided when the person applies for 1 or more additional licences under the Act or an Agents Act; or\n- (b) a person applies for a licence and, at the same time, applies for 1 or more additional licences under the Act or an Agents Act.\n- (a) the licence issue fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence issue fee for any of the other licences mentioned in that subsection; and\n- (b) 1 of the applications is accompanied by a single licence issue fee that is the highest of the licence issue fees for a licence mentioned in subsection (1) ;","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Fee discount for applicant holding 1 or more licences under the Act or an Agents Act","content":"### sec.36 Fee discount for applicant holding 1 or more licences under the Act or an Agents Act\n\nThis section applies if—\na person holds 1 or more licences under the Act or an Agents Act; and\nthe person applies for 1 or more additional licences under the Act .\nThe licence issue fee for each licence mentioned in subsection (1) (b) is nil.\nIf the applicant is a corporation, the application fee for each application is nil.\ns 36 amd 2022 SL No. 79 s 119\n(sec.36-ssec.1) This section applies if— a person holds 1 or more licences under the Act or an Agents Act; and the person applies for 1 or more additional licences under the Act .\n(sec.36-ssec.2) The licence issue fee for each licence mentioned in subsection (1) (b) is nil.\n(sec.36-ssec.3) If the applicant is a corporation, the application fee for each application is nil.\n- (a) a person holds 1 or more licences under the Act or an Agents Act; and\n- (b) the person applies for 1 or more additional licences under the Act .","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Fee discount for renewal of 1 or more licences under the Act or an Agents Act","content":"### sec.37 Fee discount for renewal of 1 or more licences under the Act or an Agents Act\n\nThis section applies if—\na person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and\nthe person applies for renewal of 1 or more of the licences.\nIf—\nthe licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and\n1 of the applications is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;\nthe licence renewal fee for each of the other licences is nil.\nIf the licence renewal fee payable for renewal of each licence mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.\nIn this section—\nlicence renewal fee includes a licence renewal fee for a licence under an Agents Act.\ns 37 amd 2022 SL No. 79 s 119\n(sec.37-ssec.1) This section applies if— a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and the person applies for renewal of 1 or more of the licences.\n(sec.37-ssec.2) If— the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and 1 of the applications is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection; the licence renewal fee for each of the other licences is nil.\n(sec.37-ssec.3) If the licence renewal fee payable for renewal of each licence mentioned in subsection (1) is the same and 1 of the renewal applications is accompanied by the licence renewal fee, the licence renewal fee for each of the other licences is nil.\n(sec.37-ssec.4) In this section— licence renewal fee includes a licence renewal fee for a licence under an Agents Act.\n- (a) a person holds a licence under the Act and 1 or more other licences under the Act or an Agents Act; and\n- (b) the person applies for renewal of 1 or more of the licences.\n- (a) the licence renewal fee for 1 or more of the licences mentioned in subsection (1) is higher than the licence renewal fee for any of the other licences mentioned in that subsection; and\n- (b) 1 of the applications is accompanied by a single licence renewal fee that is the highest of the licence renewal fees for a licence mentioned in that subsection;","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Fee discount to hold real estate auctioneer licence and chattel auctioneer licence","content":"### sec.38 Fee discount to hold real estate auctioneer licence and chattel auctioneer licence\n\nThis section applies if—\na person applies for a chattel auctioneer licence; and\neither—\nthe person holds a real estate auctioneer licence; or\nthe person’s application for a real estate auctioneer licence has not been decided when the person applies for the chattel auctioneer licence.\nThe application fee and licence issue fee for the chattel auctioneer licence application is nil.\nIn this section—\nreal estate auctioneer licence means an auctioneer licence issued under the Property Occupations Act 2014 .\ns 38 amd 2022 SL No. 79 s 119\n(sec.38-ssec.1) This section applies if— a person applies for a chattel auctioneer licence; and either— the person holds a real estate auctioneer licence; or the person’s application for a real estate auctioneer licence has not been decided when the person applies for the chattel auctioneer licence.\n(sec.38-ssec.2) The application fee and licence issue fee for the chattel auctioneer licence application is nil.\n(sec.38-ssec.3) In this section— real estate auctioneer licence means an auctioneer licence issued under the Property Occupations Act 2014 .\n- (a) a person applies for a chattel auctioneer licence; and\n- (b) either— (i) the person holds a real estate auctioneer licence; or (ii) the person’s application for a real estate auctioneer licence has not been decided when the person applies for the chattel auctioneer licence.\n- (i) the person holds a real estate auctioneer licence; or\n- (ii) the person’s application for a real estate auctioneer licence has not been decided when the person applies for the chattel auctioneer licence.\n- (i) the person holds a real estate auctioneer licence; or\n- (ii) the person’s application for a real estate auctioneer licence has not been decided when the person applies for the chattel auctioneer licence.","sortOrder":52},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Refunds for licensees","content":"## Refunds for licensees","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Withdrawn or refused licence application","content":"### sec.39 Withdrawn or refused licence application\n\nThe licence issue fee paid in relation to an application for a licence must be refunded if—\nthe application is withdrawn; or\nthe chief executive refuses to issue the licence in relation to the application.\n- (a) the application is withdrawn; or\n- (b) the chief executive refuses to issue the licence in relation to the application.","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Surrendered licences","content":"### sec.40 Surrendered licences\n\nThis section applies if—\nthe term of a licence is more than 1 year; and\nthe licence is surrendered before the term expires.\nHowever, this section does not apply if the person surrendering the licence—\ncontinues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and\nreceived a discount under division 2 in relation to any of the licences.\nFor each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees payable for the licence were paid.\n(sec.40-ssec.1) This section applies if— the term of a licence is more than 1 year; and the licence is surrendered before the term expires.\n(sec.40-ssec.2) However, this section does not apply if the person surrendering the licence— continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and received a discount under division 2 in relation to any of the licences.\n(sec.40-ssec.3) For each whole year the surrendered licence is unexpired, an amount must be refunded that is equal to the licence renewal fee for 1 year that was payable by the person who held the licence when the fees payable for the licence were paid.\n- (a) the term of a licence is more than 1 year; and\n- (b) the licence is surrendered before the term expires.\n- (a) continues to hold, at the time of the surrender, 1 or more additional licences under the Act or an Agents Act; and\n- (b) received a discount under division 2 in relation to any of the licences.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Shortened licence term","content":"### sec.41 Shortened licence term\n\nThis section applies if the chief executive issues or renews a licence for a shorter term under part 6 .\nFor each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.\nIn this section—\nwhole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month.\nfor a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month\nfor a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month\n(sec.41-ssec.1) This section applies if the chief executive issues or renews a licence for a shorter term under part 6 .\n(sec.41-ssec.2) For each whole month the term of the licence is shortened, an amount must be refunded that is equal to one-twelfth of the licence renewal fee for the licence for 1 year that was payable when the fees for the licence were paid.\n(sec.41-ssec.3) In this section— whole month means a month beginning on the day of the calendar month on which a licence was issued or renewed and ending on the day before the corresponding day of the next calendar month. for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month\n- • for a licence issued on 1 September in a year—a month beginning on the first day of any month and ending on the last day of that month\n- • for a licence issued on 7 March in a year—a month beginning on the seventh day of any month and ending on the sixth day of the next month","sortOrder":56},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Refunds for motor salespersons","content":"## Refunds for motor salespersons","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Withdrawn or refused application for registration as motor salesperson","content":"### sec.42 Withdrawn or refused application for registration as motor salesperson\n\nThe registration issue fee paid in relation to an application for registration as a motor salesperson must be refunded if—\nthe application is withdrawn; or\nthe chief executive refuses to issue a registration certificate in relation to the application.\n- (a) the application is withdrawn; or\n- (b) the chief executive refuses to issue a registration certificate in relation to the application.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Surrendered registration certificate","content":"### sec.43 Surrendered registration certificate\n\nThis section applies if—\nthe term of registration as a motor salesperson is 3 years; and\nthe registration certificate for the registration is surrendered before the term expires.\nFor each whole year the registration is unexpired, an amount must be refunded that is equal to the registration certificate renewal fee for 1 year that was payable when the fees for the term of registration were paid.\n(sec.43-ssec.1) This section applies if— the term of registration as a motor salesperson is 3 years; and the registration certificate for the registration is surrendered before the term expires.\n(sec.43-ssec.2) For each whole year the registration is unexpired, an amount must be refunded that is equal to the registration certificate renewal fee for 1 year that was payable when the fees for the term of registration were paid.\n- (a) the term of registration as a motor salesperson is 3 years; and\n- (b) the registration certificate for the registration is surrendered before the term expires.","sortOrder":59},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Fees that are not refundable","content":"## Fees that are not refundable","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"No refund payable in particular circumstances","content":"### sec.44 No refund payable in particular circumstances\n\nTo remove any doubt, it is declared that—\nno refund is payable for an application fee for—\na licence; or\nrenewal of a licence; or\nrestoration of a licence; or\nregistration as a motor salesperson; or\nrenewal of a registration certificate; or\nrestoration of a registration certificate; and\nno refund is payable for—\na licence restoration fee; or\na registration restoration fee; or\nthe unexpired term of a deactivated licence; or\nthe period a licence or registration certificate—\nis suspended; or\nwould have been in force apart from its cancellation.\n- (a) no refund is payable for an application fee for— (i) a licence; or (ii) renewal of a licence; or (iii) restoration of a licence; or (iv) registration as a motor salesperson; or (v) renewal of a registration certificate; or (vi) restoration of a registration certificate; and\n- (i) a licence; or\n- (ii) renewal of a licence; or\n- (iii) restoration of a licence; or\n- (iv) registration as a motor salesperson; or\n- (v) renewal of a registration certificate; or\n- (vi) restoration of a registration certificate; and\n- (b) no refund is payable for— (i) a licence restoration fee; or (ii) a registration restoration fee; or (iii) the unexpired term of a deactivated licence; or (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (i) a licence restoration fee; or\n- (ii) a registration restoration fee; or\n- (iii) the unexpired term of a deactivated licence; or\n- (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.\n- (i) a licence; or\n- (ii) renewal of a licence; or\n- (iii) restoration of a licence; or\n- (iv) registration as a motor salesperson; or\n- (v) renewal of a registration certificate; or\n- (vi) restoration of a registration certificate; and\n- (i) a licence restoration fee; or\n- (ii) a registration restoration fee; or\n- (iii) the unexpired term of a deactivated licence; or\n- (iv) the period a licence or registration certificate— (A) is suspended; or (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.\n- (A) is suspended; or\n- (B) would have been in force apart from its cancellation.","sortOrder":61},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Form in which particular records and registers may be kept","content":"### sec.45 Form in which particular records and registers may be kept\n\nFor section 117 of the Act , a motor dealer may keep a transactions register in hard copy or electronic form.\nFor section 236 (2) (j) of the Act , a chattel auctioneer may keep any or all of the following records in hard copy or electronic form—\nthe auctioneer’s auction sales book;\nthe auctioneer’s auction store book;\nthe auctioneer’s livestock auction book.\nFor schedule 1 , section 10 of the Act —\na warrantor for a statutory warranty may keep the record mentioned in that section in hard copy or electronic form; and\nthe warrantor must number and date each entry in the record.\n(sec.45-ssec.1) For section 117 of the Act , a motor dealer may keep a transactions register in hard copy or electronic form.\n(sec.45-ssec.2) For section 236 (2) (j) of the Act , a chattel auctioneer may keep any or all of the following records in hard copy or electronic form— the auctioneer’s auction sales book; the auctioneer’s auction store book; the auctioneer’s livestock auction book.\n(sec.45-ssec.3) For schedule 1 , section 10 of the Act — a warrantor for a statutory warranty may keep the record mentioned in that section in hard copy or electronic form; and the warrantor must number and date each entry in the record.\n- (a) the auctioneer’s auction sales book;\n- (b) the auctioneer’s auction store book;\n- (c) the auctioneer’s livestock auction book.\n- (a) a warrantor for a statutory warranty may keep the record mentioned in that section in hard copy or electronic form; and\n- (b) the warrantor must number and date each entry in the record.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Amending particular record or transaction register","content":"### sec.46 Amending particular record or transaction register\n\nThis section applies to—\na transaction register kept under section 117 of the Act ; and\na record kept under schedule 1 , section 10 of the Act .\nIf the register or record is kept in hard copy form, a person may only amend it by—\nruling through the incorrect information; and\nincluding the correct information in close proximity to the incorrect information; and\nrecording the reason for the amendment in close proximity to the amendment; and\nsigning and dating the amendment.\nMaximum penalty—10 penalty units.\nIf the register or record is kept in electronic form, a person may only amend it by—\nstriking out the incorrect information; and\ninserting the correct information immediately under the incorrect information; and\nrecording, in close proximity to the amendment—\nthe reason for the amendment; and\nthe name of the person who made the amendment; and\nthe date the person made the amendment.\nMaximum penalty—10 penalty units.\n(sec.46-ssec.1) This section applies to— a transaction register kept under section 117 of the Act ; and a record kept under schedule 1 , section 10 of the Act .\n(sec.46-ssec.2) If the register or record is kept in hard copy form, a person may only amend it by— ruling through the incorrect information; and including the correct information in close proximity to the incorrect information; and recording the reason for the amendment in close proximity to the amendment; and signing and dating the amendment. Maximum penalty—10 penalty units.\n(sec.46-ssec.3) If the register or record is kept in electronic form, a person may only amend it by— striking out the incorrect information; and inserting the correct information immediately under the incorrect information; and recording, in close proximity to the amendment— the reason for the amendment; and the name of the person who made the amendment; and the date the person made the amendment. Maximum penalty—10 penalty units.\n- (a) a transaction register kept under section 117 of the Act ; and\n- (b) a record kept under schedule 1 , section 10 of the Act .\n- (a) ruling through the incorrect information; and\n- (b) including the correct information in close proximity to the incorrect information; and\n- (c) recording the reason for the amendment in close proximity to the amendment; and\n- (d) signing and dating the amendment.\n- (a) striking out the incorrect information; and\n- (b) inserting the correct information immediately under the incorrect information; and\n- (c) recording, in close proximity to the amendment— (i) the reason for the amendment; and (ii) the name of the person who made the amendment; and (iii) the date the person made the amendment.\n- (i) the reason for the amendment; and\n- (ii) the name of the person who made the amendment; and\n- (iii) the date the person made the amendment.\n- (i) the reason for the amendment; and\n- (ii) the name of the person who made the amendment; and\n- (iii) the date the person made the amendment.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Defects not covered by statutory warranty","content":"### sec.47 Defects not covered by statutory warranty\n\nFor schedule 1 , section 8 (c) of the Act , the following are prescribed as defects in a warranted vehicle that are not covered by the statutory warranty—\na defect in the vehicle’s fitted airbag;\na defect in the vehicle’s installed audio entertainment device;\na radio, tape recorder, CD player or a device, for example, a digital audio device, that performs a comparable function\na defect in any of the following—\na tyre or tyre tube;\na battery;\na light other than a warning light or a turn indicator light used as a hazard light;\na radiator hose;\na radio aerial or other aerial;\nspark plugs;\ndistributor points;\nwiper rubbers;\noil or an oil filter;\na fuel filter or air filter;\na hose for a heater unit;\nfor a class B warranted vehicle, a defect in the vehicle’s air-conditioning system.\ns 47 amd 2019 SL No. 165 s 9\n- (a) a defect in the vehicle’s fitted airbag;\n- (b) a defect in the vehicle’s installed audio entertainment device; Example of an audio entertainment device— a radio, tape recorder, CD player or a device, for example, a digital audio device, that performs a comparable function\n- (c) a defect in any of the following— (i) a tyre or tyre tube; (ii) a battery; (iii) a light other than a warning light or a turn indicator light used as a hazard light; (iv) a radiator hose; (v) a radio aerial or other aerial; (vi) spark plugs; (vii) distributor points; (viii) wiper rubbers; (ix) oil or an oil filter; (x) a fuel filter or air filter; (xi) a hose for a heater unit;\n- (i) a tyre or tyre tube;\n- (ii) a battery;\n- (iii) a light other than a warning light or a turn indicator light used as a hazard light;\n- (iv) a radiator hose;\n- (v) a radio aerial or other aerial;\n- (vi) spark plugs;\n- (vii) distributor points;\n- (viii) wiper rubbers;\n- (ix) oil or an oil filter;\n- (x) a fuel filter or air filter;\n- (xi) a hose for a heater unit;\n- (d) for a class B warranted vehicle, a defect in the vehicle’s air-conditioning system.\n- (i) a tyre or tyre tube;\n- (ii) a battery;\n- (iii) a light other than a warning light or a turn indicator light used as a hazard light;\n- (iv) a radiator hose;\n- (v) a radio aerial or other aerial;\n- (vi) spark plugs;\n- (vii) distributor points;\n- (viii) wiper rubbers;\n- (ix) oil or an oil filter;\n- (x) a fuel filter or air filter;\n- (xi) a hose for a heater unit;","sortOrder":65},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Fees relating to licences","content":"# Fees relating to licences","sortOrder":66},{"sectionNumber":"sch.1-pt.1-div.1","sectionType":"division","heading":"Issue of licence","content":"## Issue of licence","sortOrder":67},{"sectionNumber":"sch.1-pt.1-div.2","sectionType":"division","heading":"Renewal of licence","content":"## Renewal of licence","sortOrder":68},{"sectionNumber":"sch.1-pt.1-div.3","sectionType":"division","heading":"Restoration of licence","content":"## Restoration of licence","sortOrder":69},{"sectionNumber":"sch.1-pt.1-div.4","sectionType":"division","heading":"Other acts relating to licence","content":"## Other acts relating to licence","sortOrder":70},{"sectionNumber":"sch.1-pt.1-div.5","sectionType":"division","heading":"Licence register","content":"## Licence register","sortOrder":71},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Fees relating to registration as motor salesperson","content":"# Fees relating to registration as motor salesperson","sortOrder":72},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Application for registration","content":"## Application for registration","sortOrder":73},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Renewal of registration certificate","content":"## Renewal of registration certificate","sortOrder":74},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Restoration of registration certificate","content":"## Restoration of registration certificate","sortOrder":75},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Other acts relating to registration certificate","content":"## Other acts relating to registration certificate","sortOrder":76},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Registration certificate register","content":"## Registration certificate register","sortOrder":77},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Fees relating to register of undertakings","content":"# Fees relating to register of undertakings","sortOrder":78}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.16(2)(c)","severity":"medium","reasoning":"Section 16(1) applies to payments from 'prospective buyers', yet section 16(2)(c) mandates that the receipt state the 'vehicle's purchase price'. A prospective buyer's payment (e.g. a deposit or cooling-off consideration) occurs before a purchase price is agreed or finalised, making it logically impossible to state a confirmed purchase price on the receipt.","confidence":0.75,"description":"The receipt for payment requires the 'vehicle's purchase price' to be stated, but the receipt is issued for a 'prospective buyer' who has not yet purchased the vehicle. A prospective buyer by definition has not completed a purchase, so there is no 'purchase price' to record — only a deposit or holding amount."},{"type":"other","section":"sec.13(2)","severity":"medium","reasoning":"Subsection (2) limits required particulars to items (a), (d)–(g) and (m) for wrecking/assembly acquisitions. Items (h) (identification number) and (i) (registration number) are excluded. These unique identifiers are the primary means of tracing stolen or encumbered vehicles entering the parts trade, making the exemption logically inconsistent with the register's consumer protection and law enforcement purpose.","confidence":0.7,"description":"The reduced prescribed particulars for vehicles acquired for wrecking or assembly omit the registration number (item (i)) and identification number (item (h)), yet these are precisely the identifiers most critical for a regulator to track vehicles that enter a dismantling chain — creating a regulatory gap that is arguably contrary to the evident purpose of the transactions register."},{"type":"other","section":"sec.9(2)","severity":"low","reasoning":"The 'only' qualifier in sec.9(2) means that a single non-consignment vehicle on-site triggers full per-vehicle obligations. There is no proportionate middle ground, creating a binary all-or-nothing compliance regime that is practically absurd for dealers with predominantly but not exclusively consignment stock.","confidence":0.6,"description":"Section 9(2) provides an alternative compliance pathway that entirely displaces the vehicle-specific sign requirement in sec.9(1)(b), allowing a single entrance sign to substitute for per-vehicle signage. However, it applies only when a dealer sells 'only' consignment vehicles from those premises. A dealer selling one non-consignment vehicle from those premises loses access to the alternative, creating a disproportionate compliance cliff for minimally mixed-use premises."},{"type":"other","section":"sec.47(a)","severity":"high","reasoning":"The statutory warranty is designed to protect consumers purchasing used vehicles. Prescribing airbag defects as outside warranty coverage means a buyer has no statutory recourse if a sold vehicle's airbag is faulty, yet the dealer retains warranty responsibility for items such as warning lights and distributor points. The safety hierarchy is inverted.","confidence":0.72,"description":"Airbag defects are excluded from the statutory warranty. Airbags are a primary safety component whose failure can be life-threatening. Excluding them from warranty coverage while warranting less safety-critical components such as warning lights creates an anomalous outcome contrary to consumer safety purposes."},{"type":"other","section":"sec.28(3)","severity":"medium","reasoning":"The registration regime in sec.28 requires identity verification (sec.28(4)(b)) to ensure accountability. Allowing indefinite carry-over of prior registrations without any currency requirement undermines this purpose and creates an impossible-to-enforce accountability gap.","confidence":0.65,"description":"Section 28(3) allows a bidder's previous registration to be carried over to subsequent auctions for livestock or used motor vehicles, but this is an exception to the general rule requiring fresh registration per auction (sec.28(1)). There is no time limit, verification refresh requirement, or lapsing mechanism for the carried-over registration, meaning a registration from years earlier with potentially stale identity details could be relied upon indefinitely."},{"type":"other","section":"sec.14(4)","severity":"low","reasoning":"Sec.30 restricts disclosure of bidder identity to inspectors or courts, yet sec.14(4)(d) requires buyer name and address in the auction sales book, which is a record the auctioneer must keep but which could be accessed by others. While sec.30 governs disclosure rather than recording, the combination creates practical ambiguity.","confidence":0.55,"description":"Section 14(4) requires the chattel auctioneer to enter the 'name and address of the buyer' in the auction sales book within 24 hours of the sale. However, for anonymous or telephone bidders whose details were registered under sec.28, the buyer's identity is meant to be protected under sec.30. This creates a structural tension where the record-keeping obligation conflicts with the confidentiality framework."},{"type":"impossible_compliance","section":"sec.41(3)","severity":"medium","reasoning":"The 'whole month' definition relies on there being a 'corresponding day' in subsequent months. For a licence issued on 31 January, 31 March, 31 May, 31 August, or 31 October, the corresponding day in February, April, June, September, or November respectively does not exist, making the refund calculation formula unworkable without an implied rule for month-end dates.","confidence":0.78,"description":"The definition of 'whole month' in sec.41(3) states it begins 'on the day of the calendar month on which a licence was issued or renewed', but the examples show that for a licence issued on 1 September, a whole month runs from 'the first day of any month' to 'the last day of that month' — i.e. a calendar month. This is consistent. However, for a licence issued on 31 January, the corresponding day of the next month would be 31 February, which does not exist, making the formula computationally impossible for end-of-month issue dates in shorter months."}],"contradictions":[{"severity":"low","section_a":"sec.9(1)(b)","section_b":"sec.9(2)","confidence":0.6,"description":"Section 9(1)(b) requires a 5cm-high sign on each individual consignment vehicle, while sec.9(2) permits a single 10cm-high sign at the premises entrance as a full substitute when all vehicles on the premises are consignment vehicles. The two subsections establish mutually exclusive compliance regimes with no transition provision or overlap guidance when a dealer switches from mixed to all-consignment stock mid-day."},{"severity":"low","section_a":"sec.11(1)(b)","section_b":"sec.11(2)","confidence":0.6,"description":"Identical structural contradiction to sec.9: sec.11(1)(b) requires a 5cm sign on each unwarranted vehicle, while sec.11(2) permits a single 10cm entrance sign when all vehicles sold from the premises are unwarranted. The two subsections provide no mechanism for a dealer who transitions between the two states, and the displacement is total rather than supplementary."},{"severity":"low","section_a":"sec.7(c)","section_b":"sec.8(a)","confidence":0.55,"description":"Section 7(c) requires a seller who is not a motor dealer to provide their driver licence number to the licensee. Section 8(a) then requires the licensee to disclose to the buyer 'the name of the person who owned the vehicle immediately before the sale'. There is no obligation under sec.8 to pass on the driver licence number, meaning information collected under sec.7(c) has no mandated downstream disclosure pathway, raising the question of why it is collected under privacy-sensitive conditions with no stated use."},{"severity":"low","section_a":"sec.13(1)(k)","section_b":"sec.13(1)(l)(iii)","confidence":0.62,"description":"Section 13(1)(k) requires the motor dealer to record 'the date of the vehicle's sale', but sec.13(1)(l)(iii) requires recording, for vehicles offered at auction and not sold, 'the date of the auction'. If the vehicle is not sold at auction, there is no 'date of sale' to record under (k), creating an obligation that is unfulfillable for unsold auction vehicles while both items must be recorded for the same transaction."},{"severity":"low","section_a":"sec.35","section_b":"sec.36","confidence":0.58,"description":"Section 35 addresses the fee discount where a person has a pending but undecided application and applies for an additional licence — the highest fee is paid and others are nil. Section 36 addresses the discount where a person already holds a licence and applies for additional licences — all additional licence issue fees are nil. The two sections overlap where an application under sec.35 is granted (becoming a held licence) before the other applications are decided: it is unclear whether the remaining pending applications are then governed by sec.35 (original pending state) or sec.36 (now a held licence), creating potential for double discounting or dispute."},{"severity":"medium","section_a":"sec.11A","section_b":"sec.11B","confidence":0.78,"description":"Section 11A (advertising restorable vehicles) applies only to chattel auctioneers and requires a statement that the vehicle has no statutory warranty. Section 11B (displaying restorable vehicles) applies to both motor dealers and chattel auctioneers but prescribes different statements for each. For chattel auctioneers, sec.11A requires an unqualified 'no statutory warranty' statement in advertisements, while sec.11B requires a conditional statement ('if this vehicle is sold as a restorable vehicle, the statutory warranty will not apply') in display signage. The warranty message is materially different between the advertisement and the physical display for the same vehicle by the same auctioneer, which may confuse prospective bidders about their actual rights."},{"severity":"medium","section_a":"sec.30(1)","section_b":"sec.28(4)(c)","confidence":0.65,"description":"Section 28(4)(c) requires a bidder to give the auctioneer 'the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone'. Section 30(1) prohibits the auctioneer from disclosing 'the identity of a bidder registered by the auctioneer'. The third-party principal whose details are collected under sec.28(4)(c) is effectively a beneficial bidder whose identity is recorded in the register but who is arguably also protected by sec.30(1) as their identity is part of the registration record. Yet sec.30(2) permits disclosure to the seller to facilitate negotiation, creating a potential conflict where the third party's identity could be disclosed without their knowledge or consent."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a subsidiary instrument supporting the Motor Dealers and Chattel Auctioneers Act 2014. The amendments noted (2019 and 2022) appear to be updates and clarifications rather than scope expansion - adding details like email addresses to notification requirements, restorable vehicle provisions, and fee unit rounding rules. The structure remains focused on operational details, licensing, fees, and conduct standards as originally intended."},"complexity_factors":["Extensive cross-referencing to the parent Act (Motor Dealers and Chattel Auctioneers Act 2014) with over 50 references to specific sections","Multiple conditional exceptions (e.g., section 9 and 11 have alternative compliance pathways for dealers who only sell certain types of vehicles)","Detailed prescriptive requirements with specific measurements (e.g., 'letters at least 5cm high', 'at least 10cm high' for signage)","Nested lists of required particulars for various statements and registers (sections 7, 8, 13, 16 contain 10-15 specific data points each)","Fee calculation rules with multiple tiers and rounding mechanisms (section 34A)","Amendment history markers throughout (e.g., 's 4 amd 2019 SL No. 165 s 4') indicating evolutionary complexity","Parallel structures for similar rules applying to different categories (motor dealers vs chattel auctioneers vs motor salespersons)","Specific technical definitions incorporated by reference (e.g., 'built date' defined in Schedule 1, section 3C(1) of the Act)"],"plain_english_summary":"This regulation sets out the detailed rules for how motor dealers and chattel auctioneers (people who sell goods like cars, machinery or livestock at auction) must operate in Queensland. It works together with the main Motor Dealers and Chattel Auctioneers Act 2014.\n\n**Who it affects:**\n- **Motor dealers** – businesses that sell cars, trucks, caravans and other vehicles\n- **Motor salespersons** – individuals who sell vehicles for dealers\n- **Chattel auctioneers** – auctioneers who sell vehicles, machinery, livestock and other goods (but not real estate)\n- **Buyers** – people purchasing vehicles or goods at auction or from dealers\n\n**What it does:**\n\n**For dealers and salespeople:**\n- **Notification requirements** – Dealers and salespeople must tell the government about changes to their name, address, contact details, or if they become unsuitable to hold a licence (for example, if they commit certain offences)\n- **Paperwork for vehicle sales** – Dealers must collect specific information from sellers (like ID, vehicle details, odometer reading, any money owing on the vehicle) and give buyers a statement showing who previously owned the vehicle, its mechanical history, and sale price\n- **Advertising rules** – Special rules for advertising vehicles sold on consignment (where the dealer sells someone else's vehicle), unwarranted vehicles (sold without warranty), and \"restorable vehicles\" (old cars sold for restoration)\n- **Record keeping** – Dealers must keep detailed transaction registers tracking every vehicle they receive and sell, including odometer readings, buyer details, and vehicle identification numbers\n- **Receipts** – Must give buyers detailed receipts showing vehicle details and payment information\n\n**For auctioneers:**\n- **Buyer's premium disclosure** – Must clearly tell bidders if they'll be charged extra fees on top of the winning bid\n- **Auction records** – Must keep detailed books recording goods received, sales made, and livestock auctioned\n- **Bidder registration** – Must register all bidders, check their ID, assign unique numbers, and keep these records for 5 years\n- **Conduct standards** – Must act in clients' best interests, avoid conflicts of interest, verify ownership of goods, and disclose when sellers bid on their own items\n- **Name display** – Must display their name prominently during auctions (or announce it if weather prevents display)\n\n**For everyone:**\n- **Document retention** – Must keep all records for at least 5 years in a secure, accessible way, with specific rules for electronic backups\n- **Fee discounts** – People holding multiple licences (like real estate and chattel auctioneer licences) get fee discounts\n- **Refunds** – Rules for when licence fees can be refunded if applications are refused or licences surrendered early\n\n**Why it matters:**\nThis regulation protects consumers buying expensive items like cars by ensuring transparency about vehicle history, ownership, and warranty status. It also ensures auctioneers and dealers operate honestly, keep proper records for tracing stolen goods or resolving disputes, and maintain professional standards. The rules about odometer readings and previous ownership help prevent fraud, while the cooling-off period and warranty disclosure rules give buyers important protections."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This regulation does not expand the categories of activity regulated by the underlying Act; it prescribes operational details and obligations to implement the Act. It specifies what limited licences cover (s.3), prescribes the content and presentation of disclosures, registers and records (ss.6–8, 13–16, 28, 45–46), sets a fixed deposit amount for cooling‑off/option arrangements (s.10), and defines fee, rounding, discount and refund mechanics (ss.34, 34A, 35–44). The effect is to articulate procedures, compliance steps and administrative discretions that change how regulated parties must act in practice rather than altering the substantive scope of regulated activities under the Act (see ss.3, 19, 34)."},"complexity_factors":["Numerous cross‑references to provisions of the Act require checking the Act to determine the full legal effect (see e.g. ss.3, 19 and multiple references to Act sections).","Many detailed, prescriptive recordkeeping and amendment procedures (ss.13–16, 17–18, 45–46) with time limits (e.g. 24 hours for auction sales entries s.14(4)) increase operational complexity.","Multiple conditional rules and exceptions (electronic vs hard copy, outdoor auctions exceptions for name display s.12(2), grouping low value lots s.14(3)) create branching compliance paths.","Interacting fee, discount, rounding and refund provisions (ss.34, 34A, 35–44) produce non‑linear financial effects for applicants holding multiple licences.","Different participant types (motor dealers, motor salespersons, chattel auctioneers, buyers, sellers, bidders, warrantors) each face distinct obligations across the regulation.","Administrative discretion for licence term shortening and refunds (pts.6; ss.31–33, 41) requires interpretive decisions by the regulator."],"plain_english_summary":"What this regulation does (mechanically)\n\n- Sets specific, operational rules that put the Motor Dealers and Chattel Auctioneers Act into effect for daily business practice. It prescribes what limited licences allow (s.3); what changes licence‑holders and salespeople must notify to the regulator (ss.4–5); exact disclosure and signage requirements for auctions, consignment sales and unwarranted or restorable vehicles (ss.6, 9, 11–11B); the non‑refundable deposit amount for option/cooling‑off arrangements ($100) (s.10); recordkeeping, receipt and register content and storage requirements (ss.7–8, 13–16, 17–18, 45–46); bidder registration and privacy rules for auctions (ss.28, 30); conduct standards and basic due‑diligence/conflict rules for dealers, salespersons and auctioneers (ss.19–27); rules allowing shorter licence terms to align expiry dates (pts.6; ss.31–33); fee rules, rounding and discounts, and refund rules (ss.34, 34A, 35–44); and a short list of vehicle items excluded from statutory warranty coverage (s.47). Many provisions specify maximum penalties for non‑compliance (commonly 10 penalty units) (see, e.g., ss.14(2), 14(4), 15(2), 16(2)–(3), 17(2), 18(2), 46(2)–(3)).\n\nWho is affected\n\n- Motor dealers and principal licensees: registration, recordkeeping, disclosures to buyers, transaction register contents and secure storage obligations (ss.7–8, 13, 16, 17–18, 45–46).\n- Motor salespersons: notification obligations and conduct standards (ss.5, 19, 20–23).\n- Chattel auctioneers: auction advertising and disclosure (buyer’s premium), auction books and registers for goods and livestock, bidder registration and privacy, auctioneer name display/announcement and conduct rules (ss.6, 12, 14–15, 24–30).\n- Sellers and buyers: receive prescribed statements and receipts; bidders must provide ID to register (ss.6, 7–8, 16, 28).\n- Licence applicants and holders: fee, discount and refund rules, and administrative discretion to issue shortened licence terms (ss.31–44).\n\nStated or implied purposes and the mechanics that achieve them\n\n- Transparency and informed decision‑making: required advertising statements (buyer’s premium, no cooling‑off, no statutory warranty, restorable vehicle wording) and prescribed particulars for seller/buyer statements aim to ensure buyers and bidders see key information before and at sale (ss.6, 7–9, 11–11B). Mechanism: mandatory text in ads/signage and in‑auction announcements or online display (s.6(1), s.9(1), s.11(1), s.12(3)).\n\n- Traceability and auditability: prescribed contents for transaction, auction store/sales and livestock books, and retention periods (usually 5 years) aim to create records for inspection and dispute resolution (ss.13, 14, 15, 28, 45, 17). Mechanism: defined fields to record (e.g. odometer readings, engine/ID numbers), timely entry requirements (e.g. within 24 hours after sale for auction sales) and retention obligations (ss.14(4), 28(7), 17(2)).\n\n- Consumer protection and risk allocation: specifying what defects are not covered by statutory warranty and labelling unwarranted or restorable vehicles identifies bounds of warranty protection (s.47; ss.11–11B). Mechanism: mandatory statements and exclusion list.\n\nCosts, incentives, trade‑offs and who pays\n\n- Compliance costs fall primarily on licensed businesses: motor dealers, chattel auctioneers and principal licensees bear the administrative burden of collecting prescribed particulars, producing receipts, keeping registers/books, making backups and displaying signage (ss.7–8, 13–16, 17–18, 45–46). These are ongoing costs (record retention, monthly backups (s.18(2)(b))).\n\n- Time and transaction friction: duties to verify ownership and material facts before sale (ss.22–23, 26–27) create due‑diligence workloads that can slow listings, especially for small operators who handle many short‑value items (s.13(3) allows limited grouping for low value lots under $50 to reduce burden).\n\n- Pricing/market incentives: fee discounts and nil fees for multiple or related licence applications (ss.35–38) incentivise licence consolidation or holding related licences (for example, a real estate auctioneer applying also for a chattel auctioneer licence gets nil application/licence issue fee (s.38)). These provisions shift upfront costs away from multi‑licence holders and may favour businesses combining services.\n\n- Enforcement and penalty risk: repeated use of a single penalty level (commonly 10 penalty units) and specific time windows (e.g. 24 hours for auction sales entries (s.14(4))) create clear legal exposure for late or missing entries; the business bears financial and operational risk.\n\nBureaucratic discretion and implementation risk\n\n- Discretion: the chief executive has explicit discretion to issue licences for shortened terms to align expiry dates (ss.31–33) and statutory refund/discount rules require administrative action to effect refunds in prescribed circumstances (ss.39–43). That creates some administrative judgement in timing and processing.\n\n- Implementation risks: electronic recordkeeping rules require monthly backups and off‑site storage of backup media in non‑magnetically affected locations (s.18(2)(b)–(c)), which may be operationally challenging for small operators without IT support. Amendment rules for electronic and hard copy records set detailed procedures (s.46), requiring systems that can comply with audit trails.\n\nEffects on private choice, competition and contract freedom\n\n- Contract terms are constrained where the regulation prescribes what must be disclosed or how prices are to be communicated (e.g. reserve price disclosure in seller statement for auctioned vehicles (s.7(n)), requirement that offer price follow client’s written instructions (ss.20(2), 24(2))). Those mechanics reduce some freedom to vary how sales are marketed or priced without client consent.\n\n- Competition impacts arise from fee discounts for multi‑licence holders and fee waivers between certain related licence types (ss.35–38): these create differential compliance costs across business models and may influence whether businesses bundle services.\n\nUnintended consequences and substitution effects (mechanisms, not labels)\n\n- Administrative complexity may push some low‑value sellers away from formal channels: where recordkeeping and verification duties are significant, small sellers might prefer private sales outside licensed venues.\n\n- Required bidder registration and identity protection (ss.28, 30) balance traceability and privacy: the rule that identity is disclosed only to inspectors, courts or in limited post‑sale negotiation scenarios (s.30) may change how buyers bid (use of unique bidder identifiers) and how sellers pursue buyers after pass‑ins.\n\nSummary statement about scope\n\n- The regulation mainly supplies procedural and documentary detail to implement the Act: it prescribes particulars, forms of disclosure, records, timing, fees/rounding and conduct standards rather than expanding the Act’s substantive regulatory reach (see s.3 which limits limited licences to activities in the Act, and s.19 that states this part provides conduct standards under the Act). It therefore changes day‑to‑day obligations and compliance costs rather than creating new categories of regulated activity (see ss.3, 19, 34)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation was amended in 2019 (SL No. 165) and 2022 (SL No. 79) to expand its scope beyond the original 2014 framework. The 2019 amendments added provisions for 'restorable vehicles' (sections 11A and 11B) — a new vehicle category with its own advertising and display requirements — and updated various definitions including vehicle built dates. The 2022 amendments introduced a formal fee unit rounding mechanism and updated fee discount provisions. These changes incrementally broadened the regulatory coverage from its original focus on standard motor dealer and auctioneer operations to also address a distinct category of vehicles sold for restoration purposes."},"complexity_factors":["Multiple regulated parties with different obligations (motor dealers, motor salespersons, chattel auctioneers) requiring readers to identify which rules apply to them","Extensive cross-referencing to the parent Act (Motor Dealers and Chattel Auctioneers Act 2014) and other legislation (Evidence Act 1977, Acts Interpretation Act 1954, Property Occupations Act 2014), making the regulation incomplete without those documents","Multi-layered fee discount structure with several conditional scenarios for multiple licence holders","Detailed and specific procedural requirements (e.g., exact sign dimensions, 24-hour timeframes for auction records, precise amendment procedures for registers)","Distinction between different vehicle categories (warranted vs unwarranted, restorable vehicles, class A vs class B warranted vehicles) each triggering different obligations","Separate rules for online vs in-person auction scenarios throughout","Refund calculations involving pro-rata formulas based on unexpired whole years or months of licence terms","Electronic record-keeping requirements with specific technical obligations (backup frequency, offsite storage, magnetic interference protection)"],"plain_english_summary":"## Motor Dealers and Chattel Auctioneers Regulation 2014 (Queensland)\n\n### What is this?\nThis is a Queensland regulation that sets out the detailed rules for how **motor dealers** (people/businesses that buy and sell cars and other vehicles) and **chattel auctioneers** (people who run auctions selling movable property like vehicles, machinery, and livestock) must operate. It sits under the Motor Dealers and Chattel Auctioneers Act 2014.\n\n### Who does it affect?\n- **Motor dealers** — anyone licensed to buy and sell used vehicles in Queensland\n- **Motor salespersons** — employees registered to sell vehicles on behalf of a dealer\n- **Chattel auctioneers** — people licensed to run auctions selling physical (non-real estate) property\n- **Buyers** — anyone purchasing a vehicle or goods at auction in Queensland\n\n### What does it actually require?\n\n**For motor dealers:**\n- Must notify the government (chief executive) promptly of changes to their name, address, business details, or key personnel\n- Must collect detailed information from anyone selling them a vehicle (name, address, driver licence number, vehicle details, odometer reading, whether there's a loan/mortgage on it, etc.)\n- Must give buyers a detailed statement about the vehicle they're purchasing\n- Must keep a transactions register recording every vehicle that passes through their hands\n- Must issue formal receipts for any money received from buyers\n- Must display prominent signs and include warnings in ads when selling vehicles **on consignment** (i.e., selling on behalf of the owner — these have no cooling-off period) or vehicles **without a statutory warranty** (a basic legal guarantee that the vehicle works)\n- For 'restorable vehicles' (project cars/fixer-uppers), must display specific warning signs about warranty status\n- Must follow conduct standards: act on client instructions, disclose conflicts of interest in writing, and check vehicle ownership before selling\n\n**For chattel auctioneers:**\n- Must disclose buyer's premiums (an extra fee charged to the winning bidder, on top of the sale price) clearly in ads and at the start of every auction\n- Must register every bidder before they can bid — collecting their name, address, and proof of identity (like a driver's licence)\n- Must keep a unique bidder number system so bids can be tracked\n- Must keep confidential the identity of bidders (can only share with a court or government inspector, or with the seller in limited circumstances)\n- Must keep detailed auction records (auction store book and auction sales book for goods; livestock auction book for animals)\n- For livestock auctions, must announce the seller's name at the start and get written authority if payment isn't immediate cash\n- Must display their name visibly throughout the auction (or announce it if the auction is outdoors/moving)\n- Must follow conduct standards similar to motor dealers: follow client instructions, disclose conflicts of interest, and verify what they're selling\n\n**Record keeping (everyone):**\n- All required documents must be kept securely for at least **5 years**\n- Electronic records must be backed up monthly and the backup stored somewhere other than the business premises, away from anything that could damage it (like magnets)\n- Records can only be amended in a specific way — you can't just delete or white out entries; corrections must be made alongside the original with a reason recorded\n\n**Statutory warranty exclusions:**\nThe regulation lists parts of a vehicle that are **not** covered by the legal warranty that comes with used vehicle sales — things like tyres, batteries, spark plugs, wiper rubbers, oil filters, radio aerials, audio systems, airbags, and (for cheaper/older vehicles) air conditioning.\n\n**Fees and licences:**\n- Sets out a system of fees for getting, renewing, and restoring licences and registration certificates\n- Offers fee discounts if you hold multiple licences (you only pay the highest fee, with others being free)\n- Provides refunds for withdrawn applications or surrendered licences (but not for application fees or suspended/cancelled licences)\n- Allows licences to be issued for shorter terms so multiple licences expire at the same time\n\n**Cooling-off period:**\nThe non-refundable deposit to secure a cooling-off period (your right to change your mind after buying a vehicle) is set at **$100**."}},"importantCases":[],"_links":{"self":"/api/acts/motor-dealers-and-chattel-auctioneers-regulation-2014","history":"/api/acts/motor-dealers-and-chattel-auctioneers-regulation-2014/history","analysis":"/api/acts/motor-dealers-and-chattel-auctioneers-regulation-2014/analysis","conflicts":"/api/acts/motor-dealers-and-chattel-auctioneers-regulation-2014/conflicts","importantCases":"/api/acts/motor-dealers-and-chattel-auctioneers-regulation-2014/important-cases","documents":"/api/acts/motor-dealers-and-chattel-auctioneers-regulation-2014/documents"}}