{"id":"tas:sr-2022-004","name":"Motor Vehicle Traders Regulations 2022","slug":"motor-vehicle-traders-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"4 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179512,"registerId":"tas-tas:sr-2022-004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Motor Vehicle Traders Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-004) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 February 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Motor Vehicle Traders Act 2011](/view/html/inforce/2026-04-12/act-2011-023) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Exemption for the Public Trustee","content":"### 4 Exemption for the Public Trustee\n\n> The Public Trustee, within the meaning of the [Public Trustee Act 1930](/view/html/inforce/2026-04-12/act-1930-061) , is exempt from the operation of [section 6](/view/html/inforce/2026-04-12/act-2011-023#GS6@EN) of the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exemption for fleet vehicles","content":"### 5 Exemption for fleet vehicles\n\n> > (1)  In this regulation –\n> > \n> > > ***prescribed business*** means a business other than –\n> > > \n> > > > > (a) the business of dealing in motor vehicles; or\n> > > > \n> > > > > (b) the business of renting or hiring out motor vehicles to customers of the business.\n> \n> > (2)  The owner of a prescribed business is exempt from the operation of [section 6](/view/html/inforce/2026-04-12/act-2011-023#GS6@EN) of the Act, in relation to the buying, selling or exchange of motor vehicles, if the owner –\n> > \n> > > > (a) buys or exchanges the motor vehicles for the purpose of forming, or maintaining, a fleet of vehicles used, or to be used, for the purposes of the prescribed business; or\n> > > \n> > > > (b) sells or exchanges a motor vehicle that was part of such a fleet of vehicles for the purpose of –\n> > > > \n> > > > > > (i) renewing, reorganising or rationalising the fleet of vehicles; or\n> > > > > \n> > > > > > (ii) winding up the prescribed business.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exemption for wholesale motor vehicle dealers","content":"### 6 Exemption for wholesale motor vehicle dealers\n\n> A person who sells, or exchanges, motor vehicles on a wholesale basis is exempt from the operation of [section 6](/view/html/inforce/2026-04-12/act-2011-023#GS6@EN) of the Act in relation to those sales and exchanges.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Pre-sale disclosure statement","content":"### 7 Pre-sale disclosure statement\n\n> A pre-sale disclosure statement –\n> \n> > > (a) is to be in a form approved by the Director; and\n> > \n> > > (b) is to contain the following information:\n> > > \n> > > > > (i) the motor vehicle trader licence number for the licensed motor vehicle trader who is making the statement;\n> > > > \n> > > > > (ii) the make, model and registration number of the vehicle to which the statement relates;\n> > > > \n> > > > > (iii) such other information as determined by the Director; and\n> > \n> > > (c) may contain additional relevant disclosures, or other information, as the licensed motor vehicle trader making the pre-sale disclosure statement considers appropriate.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Fees","content":"### 8 Fees\n\n> > (1)  In this regulation –\n> > \n> > > ***GST*** has the same meaning as in the *A New Tax System (Goods and Services Tax) Act 1999* of the Commonwealth.\n> \n> > (2)  The fees specified in [Schedule 1](#JS1@EN) are –\n> > \n> > > > (a) prescribed as the fees payable to the Director in respect of the matters to which they relate; and\n> > > \n> > > > (b) specified exclusive of GST.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Infringement offences and penalties","content":"### 9 Infringement offences and penalties\n\n> For the purposes of [section 53](/view/html/inforce/2026-04-12/act-2011-023#GS53@EN) of the Act –\n> \n> > > (a) an offence against a section of the Act, as specified in the table in [Schedule 2](#JS2@EN) , is prescribed as an infringement offence; and\n> > \n> > > (b) the penalty specified, in the table in [Schedule 2](#JS2@EN) , in respect of such an offence is prescribed as the penalty payable under an infringement notice issued and served for that offence.","sortOrder":8},{"sectionNumber":"SCHEDULE 1 - Fees","sectionType":"part","heading":"SCHEDULE 1 - Fees","content":"# SCHEDULE 1 - Fees SCHEDULE 1 - Fees\n\n[Regulation 8](#GS8@EN)\n\n|  | Matter | Fee (fee units) |\n| 1. | Application fee under section 9 of the Act for a motor vehicle trader licence | 115 |\n| 2. | Licence fee under section 14 of the Act for the issue of a motor vehicle trader licence | 986 |\n| 3. | Fee under section 19 of the Act for issue of a replacement motor vehicle trader licence | 20 |","sortOrder":9},{"sectionNumber":"SCHEDULE 2 - Infringement Offe","sectionType":"part","heading":"SCHEDULE 2 - Infringement Offences","content":"# SCHEDULE 2 - Infringement Offe SCHEDULE 2 - Infringement Offences\n\n[Regulation 9](#GS9@EN)\n\n|  | Section of Act | Penalty(penalty units) |\n| 1. | Section 10 | 4 |\n| 2. | Section 24(2) | 4 |\n| 3. | Section 25(5) | 4 |\n| 4. | Section 28(1) | 40 |\n| 5. | Section 29(1) | 40 |\n| 6. | Section 29(2) | 40 |\n| 7. | Section 29(3) | 40 |\n| 8. | Section 30(2) | 40 |\n| 9. | Section 31(1) | 40 |\n| 10. | Section 31(2) | 40 |\n| 11. | Section 31(3) | 40 |\n| 12. | Section 32 | 40 |\n| 13. | Section 33 | 40 |\n| 14. | Section 34(1) | 20 |\n| 15. | Section 35(2) | 20 |\n| 16. | Section 35(3) | 40 |\n| 17. | Section 36(2) | 40 |\n| 18. | Section 37(1) | 20 |\n| 19. | Section 37(3) | 20 |\n| 20. | Section 38(1) | 20 |\n| 21. | Section 38(2) | 20 |\n| 22. | Section 39 | 20 |\n| 23. | Section 40 | 40 |\n| 24. | Section 41(1) | 2 |\n| 25. | Section 41(2) | 2 |\n| 26. | Section 48(3) | 40 |\n| 27. | Section 50(6) | 40 |\n| 28. | Section 51 | 40 |\n| 29. | Section 52 | 40 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 28 February 2022\n\nThese regulations are administered in the Department of Justice.","sortOrder":10}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain consistent with their original intent of supporting the Motor Vehicle Traders Act in Tasmania. No amendments are indicated since the commencement date of 28 February 2022, suggesting the scope has not drifted from its original purpose. However, the limited document content provided prevents a definitive assessment of any scope changes."},"complexity_factors":["Limited document content provided — only administrative/status metadata was available, restricting full analysis","Regulations are subsidiary legislation (they operate under a parent Act), which requires understanding the relationship between the two instruments","Industry-specific licensing and compliance framework adds moderate technical detail","Tasmanian-specific rules may differ from other Australian states, creating complexity for those operating across jurisdictions","No amendments appear to have been made since commencement, keeping the current version straightforward"],"plain_english_summary":"These Tasmanian regulations support the Motor Vehicle Traders Act by setting out the practical rules for commercial vehicle trading in Tasmania. They affect car dealers, used-vehicle traders, their customers, and related businesses by governing licensing, fees, record-keeping, disclosure duties and conduct standards.\n\nThey matter because they aim to protect buyers and define legal obligations for traders. Note: the supplied document only contained administrative/status info, not the full regulatory text."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as subsidiary legislation supporting the Motor Vehicle Traders Act 2011. The scope covers standard regulatory matters: exemptions, administrative forms, fees, and infringement penalties. There is no evidence of scope creep beyond the typical functions of regulations made under this type of consumer protection and licensing statute."},"complexity_factors":["Only 1 defined term in the interpretation section ('Act')","Straightforward exemption structure with clear carve-outs for specific entities","Nested definition in Regulation 5 ('prescribed business' defined within the exemption for fleet vehicles) but limited to two exclusions","Two schedules containing tabular data (fees and infringement offences) rather than complex conditional logic","No cross-references beyond references to the parent Act and one Commonwealth GST Act","No exceptions to exceptions or deeply nested conditional provisions","Total length is approximately 9 regulations plus 2 schedules — relatively short instrument"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules that support the *Motor Vehicle Traders Act 2011* (the main law governing car dealers in Tasmania). Think of the Act as the rulebook and these regulations as the \"how-to\" guide that fills in the details.\n\n**Key things covered:**\n\n*   **Who doesn't need a licence:** The regulations exempt three specific groups from needing a motor vehicle trader's licence:\n    *   **The Public Trustee** (a government body that manages deceased estates and trusts)\n    *   **Businesses buying fleet vehicles** — companies that buy or sell cars to maintain their own vehicle fleets (like delivery companies or tradies with work utes), provided they're not in the business of selling or renting cars to the public\n    *   **Wholesale dealers** — people who sell cars only to other dealers, not to everyday consumers\n\n*   **Pre-sale disclosure statements:** When licensed dealers sell cars, they must give buyers a disclosure statement. The regulations say this form must be approved by the Director (the regulator) and include:\n    *   The dealer's licence number\n    *   The car's make, model and registration\n    *   Any other information the Director requires\n    *   Dealers can add extra disclosures if they want to\n\n*   **Fees:** The regulations set out licence fees using \"fee units\" (a standard way of pricing government charges that adjusts with inflation):\n    *   Application fee: 115 fee units\n    *   Licence fee: 986 fee units\n    *   Replacement licence: 20 fee units\n    *   These amounts exclude GST\n\n*   **Infringement penalties:** For minor offences under the Act, police or inspectors can issue on-the-spot fines (infringement notices) rather than taking people to court. The regulations list which offences qualify and set the penalties in \"penalty units\" (ranging from 2 to 40 penalty units depending on the offence).\n\n**Who it affects:**\n\n*   Motor vehicle traders (car dealers) in Tasmania\n*   Businesses that own vehicle fleets\n*   Wholesale car dealers\n*   Car buyers (who receive disclosure statements)\n*   The Director who regulates the industry\n\n**Why it matters:**\n\nThese regulations strike a balance between protecting consumers (by requiring licensed dealers to disclose key information and face penalties for misconduct) and reducing red tape for legitimate businesses that aren't really \"car dealers\" in the traditional sense (like companies maintaining their own work vehicles)."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations implement and operationalise the Motor Vehicle Traders Act 2011 by prescribing exemptions, disclosure form requirements, fees and infringement penalties. They do not broaden the Act's subject matter beyond its core regulatory reach; rather they supply implementation detail (who is exempt from the Act's operation in certain transactions, what traders must disclose before sale, what fees apply, and which offences are enforceable by infringement notice). There is no indication these regulations expand the original statutory purpose — they remain within a typical delegated‑legislation role of setting administrative detail and enforcement mechanisms."},"complexity_factors":["Short instrument (9 regulations plus 2 schedules) — limited length but many external cross-references","2 defined terms in the instrument itself: \"Act\" (Reg 3) and \"prescribed business\" (Reg 5)","Substantive cross-references to the Motor Vehicle Traders Act 2011 (multiple specific sections referenced: section 6, 9, 14, 19, 53 and many sections/subsections listed in Schedule 2)","Schedule 2 lists 29 separate Act sections/subsections mapped to penalty unit amounts — requires cross-checking with the Act to understand each offence","Conditional exemptions with nested purpose tests (Reg 5: buy/exchange/sell only when for forming/maintaining/renewing/reorganising/winding up a fleet)","Director discretion over form and additional required information for pre‑sale disclosure (Reg 7) — introduces administrative variability","Fees expressed in fee units and noted exclusive of GST — requires linking to fee unit value and GST rules"],"plain_english_summary":"**What this instrument does**\n\n- These regulations give practical detail needed to operate the Motor Vehicle Traders Act 2011. They set a start date (28 February 2022), specify a few defined terms, create limited exemptions from a licensing requirement in the Act, prescribe the form and content of a pre‑sale disclosure that licensed traders must use, fix fees for licence applications/issuance/replacement, and identify which offences under the Act can be dealt with by an infringement notice and the penalty for each.\n\n**Who it affects**\n\n- Licensed motor vehicle traders (they must provide a pre‑sale disclosure in an approved form and pay licence/application/replacement fees).\n- Owners of businesses that are not motor vehicle dealers or vehicle rental businesses (the regulation defines these as \"prescribed business\") who buy, sell or exchange vehicles as part of a fleet — they can be exempt from the Act's licensing requirement for those transactions (Reg 5).\n- Wholesale motor vehicle dealers who sell or exchange vehicles on a wholesale basis (they are exempt from the Act's licensing requirement for those wholesale transactions) (Reg 6).\n- The Public Trustee (explicitly exempted from the operation of section 6 of the Act) (Reg 4).\n- Consumers dealing with licensed traders — they will receive a pre‑sale disclosure that must contain certain information (Reg 7).\n- The Director (administrative role: approves the pre‑sale disclosure form and may specify additional required information) and the Department of Justice (administrator).\n\n**How it works (mechanics)**\n\n- Commencement: regulations operate from 28 February 2022 (Reg 2).\n- Interpretation: the regulations use a short definition of \"Act\" to mean the Motor Vehicle Traders Act 2011 (Reg 3).\n- Exemptions from the Act's section 6 (Reg 4–6):\n  - Public Trustee: exempt from operation of section 6 (Reg 4).\n  - Prescribed businesses (businesses that are not dealers and not vehicle-rental businesses): an owner is exempt from section 6 for buying/exchanging/selling vehicles when done to form or maintain a business fleet, or when selling fleet vehicles to renew/reorganise the fleet or wind up the business — the exemption is conditional on the purpose of the transaction (Reg 5).\n  - Wholesale dealers: persons selling or exchanging vehicles on a wholesale basis are exempt from the operation of section 6 for those wholesale transactions (Reg 6).\n  - Note: section 6 of the Act is the statutory provision whose operation is being disapplied by these exemptions (the likely practical effect is that the specified parties do not need to comply with the licensing or dealer-registration requirement in respect of the listed transactions).\n- Pre‑sale disclosure (Reg 7): the disclosure must be in a form approved by the Director and must include at minimum (i) the licensed trader's motor vehicle trader licence number, (ii) the vehicle's make, model and registration number, and (iii) any other information the Director determines. The licensed trader may add further relevant information if they choose.\n- Fees (Reg 8 and Schedule 1): fees are prescribed to be payable to the Director and are stated exclusive of GST. The schedule sets fees in fee units: application fee (115 fee units), annual licence fee (986 fee units), replacement licence (20 fee units).\n- Infringement offences and penalties (Reg 9 and Schedule 2): the regulations list specified offences in the Act as infringement offences under section 53 of the Act and prescribe the penalty (in penalty units) for each offence. Schedule 2 maps particular sections or sub‑sections of the Act to penalty amounts (ranging from 2 to 40 penalty units depending on the provision).\n\n**Stated purpose and practical effects**\n\n- The instrument implements administrative detail needed to operate the Act: who must pay, what forms must look like, when licensing obligations do not apply, and which contraventions can be enforced by infringement notices. That is the explicit functional purpose of the regulations.\n\n- Who pays: applicants and licence-holders pay the application and licence fees; persons who commit prescribed infringement offences pay the prescribed penalty if issued an infringement notice; licensed traders incur the administrative cost of preparing pre‑sale disclosures in an approved form.\n\n- Who decides: the Director approves the pre‑sale disclosure form and can require additional information; enforcement (infringement notices) will proceed under the Act's processes, administered by the Department of Justice.\n\n- Behaviour likely to change: some businesses may structure vehicle transactions to fit within the fleet or wholesale exemptions to avoid the licensing requirement; licensed traders will need systems to produce pre‑sale disclosures; enforcement is channelled into monetary infringement notices for the listed Act offences, creating a predictable penalty regime.\n\n**Costs, incentives and implementation risks to watch**\n\n- Compliance costs: modest recurring fees (application and licence) and administrative burden on licensed traders to furnish pre‑sale disclosures in the Director‑approved form.\n- Revenue vs. enforcement cost: fees provide a predictable revenue stream but may be set to recover part of regulatory cost; the regulations do not explain fee-setting methodology beyond prescribing amounts (Reg 8 and Schedule 1).\n- Regulatory discretion: the Director has power to approve the disclosure form and to determine \"other information\" required for the disclosure (Reg 7(b)(iii)). That creates some administrative discretion in what traders must include.\n- Substitution incentives: the fleet and wholesale exemptions create incentives for businesses to characterise transactions in ways that avoid licensing — this is a concrete substitution risk because the exemptions are purpose‑based (Reg 5 and Reg 6).\n- Enforcement channeling: prescribing infringement offences and fixed penalty units (Schedule 2) makes monetary enforcement available for many contraventions, which reduces prosecutorial discretion but concentrates compliance risk into fixed fines.\n\n**Key provisions cited**: Reg 2 (commencement), Reg 3 (interpretation), Reg 4 (Public Trustee exemption), Reg 5 (prescribed business / fleet exemption), Reg 6 (wholesale exemption), Reg 7 (pre‑sale disclosure), Reg 8 & Schedule 1 (fees), Reg 9 & Schedule 2 (infringement offences and penalties)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicle-traders-regulations-2022","history":"/api/acts/motor-vehicle-traders-regulations-2022/history","analysis":"/api/acts/motor-vehicle-traders-regulations-2022/analysis","conflicts":"/api/acts/motor-vehicle-traders-regulations-2022/conflicts","importantCases":"/api/acts/motor-vehicle-traders-regulations-2022/important-cases","documents":"/api/acts/motor-vehicle-traders-regulations-2022/documents"}}