{"id":"motor-vehicle-dealers-infringements-regulations-2002","name":"Motor Vehicle Dealers (Infringements) Regulations 2002","slug":"motor-vehicle-dealers-infringements-regulations-2002","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179029,"registerId":"wa-motor-vehicle-dealers-infringements-regulations-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Motor Vehicle Dealers (Infringements) Regulations 2002","content":"![Crest]()Western Australia\n\nMotor Vehicle Dealers Act 1973\n\nMotor Vehicle Dealers (Infringements) Regulations 2002\n\nWestern Australia\n\nMotor Vehicle Dealers (Infringements) Regulations 2002\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Offences for which infringement notices may be given (s. 55A(2)) 1\n\n4. Modified penalties (s. 55A(4)) 1\n\n5. Form of infringement notice (s. 55A(3)) 1\n\n6. Form of notice withdrawing infringement notice (s. 55A(7)) 2\n\nSchedule 1 — Prescribed offences and modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 8\n\n  \n\nMotor Vehicle Dealers Act 1973\n\nMotor Vehicle Dealers (Infringements) Regulations 2002\n\n##### 1. Citation\n\nThese regulations may be cited as the *Motor Vehicle Dealers (Infringements) Regulations 2002*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Motor Vehicle Dealers Amendment Act 2002* comes into operation.\n\n##### 3. Offences for which infringement notices may be given (s. 55A(2))\n\nFor the purposes of section 55A(2) of the Act, an offence set out in Schedule 1 Column 1 is prescribed to be an offence in respect of which an infringement notice may be given.\n\n##### 4. Modified penalties (s. 55A(4))\n\nFor the purposes of section 55A(4) of the Act, the modified penalty set out in Schedule 1 Column 2 opposite an offence referred to in Column 1 is the prescribed modified penalty for that offence.\n\n##### 5. Form of infringement notice (s. 55A(3))\n\nFor the purposes of section 55A(3) of the Act, Schedule 2 Form 1 is the prescribed form of an infringement notice.\n\n##### 6. Form of notice withdrawing infringement notice (s. 55A(7))\n\nFor the purposes of section 55A(7) of the Act, Schedule 2 Form 2 is the prescribed form of a notice stating that an infringement notice has been withdrawn.\n\nSchedule 1 — Prescribed offences and modified penalties\n\n[r. 3 and 4]\n\n[Heading inserted: SL 2021/164 r. 4.]\n\n| **Column 1** | **Column 2** |\n| --- | --- |\n| **Prescribed offence** | **Modified penalty** |\n| *Motor Vehicle Dealers Act 1973* | |\n| s. 20G(3) | $150 |\n| s. 21 | $150 |\n| s. 21C(3) | $150 |\n| s. 21D | $150 |\n| s. 22A(3) | $150 |\n| s. 23(1) | $200 |\n| s. 23(2) | $200 |\n| s. 24(3) | $150 |\n| s. 25(1) | $500 |\n| s. 25(1a) | $500 |\n| s. 25(2a) | $500 |\n| s. 25(2e) | $100 |\n| s. 26(1) | $200 |\n| s. 26(2) | $200 |\n| s. 27(3) | $500 |\n| s. 28(10) | $200 |\n| s. 28(11) | $200 |\n| s. 30(2) | $500 |\n| s. 31A | $1 000 |\n| s. 31B | $1 000 |\n| s. 31C | $1 000 |\n| s. 31D(2) | $500 |\n| s. 32B(1) | $500 |\n| s. 32B(3) | $500 |\n| s. 32C | $500 |\n| s. 32D(1) | $500 |\n| s. 32I(1) | $500 |\n| s. 33(1) | $200 |\n| s. 33(4) | $500 |\n| s. 33(7) | $100 |\n| s. 40B(1) | $200 |\n| s. 42A(5) | $500 |\n| s. 43(1) | $100 |\n| *Motor Vehicle Dealers (Sales) Regulations 1974* | |\n| r. 14, relating to r. 10C(1) | $200 |\n| r. 14, relating to r. 10C(2) | $200 |\n| r. 14, relating to r. 10D(1) | $200 |\n| r. 14, relating to r. 10E(1) | $200 |\n| r. 14, relating to r. 10H(1) | $200 |\n| r. 14, relating to r. 11(2) | $200 |\n\n\n[Schedule 1 inserted: SL 2021/164 r. 4.]\n\nSchedule 2 — Forms\n\n[r. 5 and 6]\n\n**Form 1**\n\n- *Motor Vehicle Dealers Act 1973, s. 55A(3)***Infringement Notice** Notice No:\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ____________________________________ ACN\n- Address _________________________________________________ Postcode\n- **Alleged offence** Section of the Act: OrProvision of the Regulations:\n- Description of alleged offence:\n- Where and when:\n- **Amount of modified penalty** $\n- **Authorised officer who issued this notice** Name:\n- Signature:\n- Date:\n\n\nNotes\n\n| **WHAT YOU MUST DO** | 1. You may dispose of this matter within 28 days after the service of this notice by paying the modified penalty —<br> (a) BY POSTING a cheque or money order made payable to the Commissioner to Locked Bag 100, EAST PERTH WA 6892; or<br> (b) IN PERSON to the Cashier at the Department of Mines, Industry Regulation and Safety, Consumer Protection Division *[address to be inserted]*;<br>OR<br>2. Elect to have this matter dealt with before a COURT.<br>If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. |\n| --- | --- |\n\n\n[Form 1 amended: Gazette 12 Jan 2007 p. 49; 30 Jun 2011 p. 2663‑4; 20 Aug 2013 p. 3837; 18 Nov 2014 p. 4319; SL 2020/163 r. 40; SL 2021/164 r. 5.]\n\n**Form 2**\n\n- *Motor Vehicle Dealers Act 1973*, s. 55A(7)**Withdrawal of infringement notice** Withdrawal no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ____________________________________ ACN\n- Address _________________________________________________ Postcode\n- **Infringement notice** Infringement notice no.\n- Date of issue / /20\n- **Alleged offence** Description of offence ______________________________________\n- *Motor Vehicle Dealers Act 1973* s.OR*Motor Vehicle Dealers (Sales) Regulations 1974* r.\n- Date / /20 Time am/pm\n- **Designated official giving this notice** Name\n- ______________________________________Signature\n- **Date** Date of withdrawal / /20\n- **Withdrawal of infringement notice***[*delete\nwhichever\nis not\napplicable]* The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund.* Your refund is enclosed.*or** If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: The Commissioner Department of Mines, Industry Regulation and Safety Consumer Protection Division Locked Bag 100 EAST PERTH WA 6892Signature / /20\n\n\n[Form 2 inserted: SL 2021/164 r. 6.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Motor Vehicle Dealers (Infringements) Regulations 2002* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | | **Published** | **Commencement** |\n| --- | --- | --- | --- |\n| *Motor Vehicle Dealers (Infringements) Regulations 2002* | 13 Aug 2002 p. 4152-5 | 1 Sep 2002 (see r. 2 and *Gazette* 13 Aug 2002 p. 4151) | |\n| *Motor Vehicle Dealers (Infringements) Amendment Regulations 2002* | 28 Jan 2003 p. 267 | 28 Jan 2003 | |\n| *Motor Vehicle Dealers (Infringements) Amendment Regulations 2006* | 12 Jan 2007 p. 48-9 | 12 Jan 2007 | |\n| *Motor Vehicle Dealers (Infringements) Amendment Regulations 2011* | 30 Jun 2011 p. 2663-4 | r. 1 and 2: 30 Jun 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) | |\n| *Motor Vehicle Dealers (Infringements) Amendment Regulations 2013* | 20 Aug 2013 p. 3837 | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) | |\n| *Motor Vehicle Dealers (Infringements) Amendment Regulations 2014* | 18 Nov 2014 p. 4319 | r. 1 and 2: 18 Nov 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 19 Nov 2014 (see r. 2(b) and *Gazette* 18 Nov 2014 p. 4315) | |\n| **Reprint 1: The *Motor Vehicle Dealers (Infringements) Regulations 2002* as at 23 Jan 2015** (includes amendments listed above) | | | |\n| *Commerce Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 20 | SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |\n| *Commerce Regulations Amendment (Motor Vehicle Dealers and Repairers) Regulations 2021* Pt. 2 | SL 2021/164 24 Sep 2021 | 25 Sep 2021 (see r. 2(c)) | |\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing an infringement notice scheme for motor vehicle dealer offences. The 2021 amendments updated the Schedule of offences and modernised the forms, but did not expand the scope beyond the original intent of providing administrative penalties for specific breaches of the Motor Vehicle Dealers Act 1973."},"complexity_factors":["Very short document (8 pages including schedules)","Only 6 operative regulations (sections 1-6)","No defined terms section - relies entirely on parent Act","Simple tabular structure in Schedule 1 listing offences and penalties","Straightforward conditional logic: if offence listed in Column 1, then penalty in Column 2 applies","No nested exceptions or complex cross-referencing beyond basic references to parent Act sections","Forms in Schedule 2 are standard administrative templates"],"plain_english_summary":"This is a Western Australian regulation that sets up a system of on-the-spot fines (called 'infringement notices') for motor vehicle dealers who break certain rules.\n\n**What it does:**\n- Lists specific offences under the Motor Vehicle Dealers Act 1973 and related regulations that can be dealt with by infringement notices instead of going to court\n- Sets the dollar amount for each fine (ranging from $100 to $1,000 depending on the offence)\n- Provides the official forms that must be used when issuing fines or withdrawing them\n\n**Who it affects:**\n- Licensed motor vehicle dealers in Western Australia\n- Consumer Protection officers who enforce the Act\n- Anyone who buys from or deals with motor vehicle dealers\n\n**Why it matters:**\nThis creates a faster, cheaper way to deal with minor breaches of consumer protection laws. Rather than dragging every minor paperwork violation through the courts, inspectors can issue a fine on the spot. The dealer can pay the penalty to resolve the matter quickly, or choose to contest it in court. This keeps the system efficient while still protecting car buyers from dodgy practices.\n\n**Key offences covered include:**\n- Failing to provide proper documentation to buyers\n- Breaching licence conditions\n- Various record-keeping failures\n- Specific breaches of the sales regulations"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text is unavailable. Based on the title alone, the instrument appears to remain within its originally intended purpose of prescribing infringement notice provisions under the motor vehicle dealers regulatory framework in Western Australia. No amendments or scope changes can be confirmed or denied."},"complexity_factors":["Content is entirely unavailable — no substantive legal text could be retrieved or analysed","Infringement notice regulations are generally straightforward instruments (schedule of offences and fixed penalties) with low inherent complexity","No cross-referencing, definitions, or operative provisions are visible to assess","Inability to confirm whether the regulations are still in force, repealed, or consolidated adds uncertainty"],"plain_english_summary":"These regulations establish which breaches of the Motor Vehicle Dealers Act 1973 (WA) can be dealt with by on‑the‑spot infringement notices and set the fixed penalty amounts. They therefore affect licensed motor vehicle dealers, their staff and dealerships in WA and guide enforcement by Consumer Protection or similar regulators."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations operationalise s.55A of the Motor Vehicle Dealers Act 1973 by prescribing which offences may be dealt with by infringement notices, the exact modified penalties for each listed offence (Schedule 1), and the prescribed forms for issuing and withdrawing notices (Schedule 2 Forms 1–2). That adds a non‑court, administrative enforcement option alongside existing enforcement routes (rr. 3–6; Schedule 1; Schedule 2)."},"complexity_factors":["Directly prescribes a list of specific offences across the Motor Vehicle Dealers Act 1973 and Motor Vehicle Dealers (Sales) Regulations 1974 with multiple penalty tiers (Schedule 1) — requires mapping each offence to its modified penalty.","Implements an alternative enforcement pathway tied to section 55A of the Act (rr. 3–4) which introduces systemic interaction between statutory offences and infringement notice procedure.","Prescribes forms and procedural rules for issue and withdrawal of notices (rr. 5–6; Schedule 2 Forms 1 and 2), including a 28‑day payment window and specified payment methods (Form 1 notes) — creates administrative steps and timelines for compliance.","Refers to enforcement actions under a separate statute (Fines, Penalties and Infringement Notices Enforcement Act 1994) in Form 1 notes, producing inter‑agency and inter‑legislative enforcement complexity.","Grants operational discretion to authorised officers to issue or withdraw notices (Schedule 2 Forms 1–2) which requires internal procedures and recordkeeping to manage exercise of that discretion.","Multiple amendment entries and a compilation history (Compilation table) mean users must track versions to know which offences and penalties are current.","Variation in penalty amounts (from $100 to $1,000) for different sections and sub‑sections increases the risk of misapplication without careful cross‑referencing to the schedules."],"plain_english_summary":"These regulations name which Motor Vehicle Dealers Act and Sales Regulations offences can be handled by infringement notices, set the fixed “modified penalties” for each offence, and prescribe the standard forms for issuing and withdrawing those notices. They affect individuals and companies alleged to have committed the listed offences by letting authorised officers issue fines; recipients can pay the fixed amount within 28 days or elect to go to court, and unpaid fines may trigger enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994."}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicle-dealers-infringements-regulations-2002","history":"/api/acts/motor-vehicle-dealers-infringements-regulations-2002/history","analysis":"/api/acts/motor-vehicle-dealers-infringements-regulations-2002/analysis","conflicts":"/api/acts/motor-vehicle-dealers-infringements-regulations-2002/conflicts","importantCases":"/api/acts/motor-vehicle-dealers-infringements-regulations-2002/important-cases","documents":"/api/acts/motor-vehicle-dealers-infringements-regulations-2002/documents"}}