{"id":"sl-2017-21","name":"Traders (Licensing) Regulation 2017","slug":"traders-licensing-regulation-2017","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"21 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173856,"registerId":"act-sl-2017-21-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Traders (Licensing) Regulation 2017","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTraders (Licensing) Regulation 2017\nSL2017-21\nmade under the\nTraders (Licensing) Act 2016\nRepublication No 2\nEffective: 2 October 2018\nRepublication date: 2 October 2018\nLast amendment made by A2018-33\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Traders (Licensing) Regulation 2017, made under the Traders\n(Licensing) Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes)) as in force on 2 October 2018. It also includes any commencement,\namendment, repeal or expiry affecting this republished law to 2 October 2018.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation Act\n2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for an\nindividual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTraders (Licensing) Regulation 2017\nmade under the\nTraders (Licensing) Act 2016\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Eligibility of entity\n5 Eligibility requirement—Act, s 17 (1) 3\nPart 3 Suitability of entity\n6 Meaning of insolvent—pt 3 4\n7 Suitability information—Act, s 18 (a) (i) 4\n8 Suitability information—entity in certain trader categories—Act,\ns 18 (a) (i) 6\n\nContents\nPage\ncontents 2 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Licence conditions—Act, s 20 (1) (c)\n9 Notification of certain new information 7\nPart 5 Licensing and licence management\n10 Transferable licences—Act, s 24 (1) 9\n11 Notification of application in certain trader categories 9\nPart 6 Motor vehicle repairer licences\n12 Definitions—pt 6 11\n13 Motor vehicle repairer—equipment, materials and skill for carrying out\nwork 11\n14 Motor vehicle repairer—agreement for repairs 11\n15 Motor vehicle repairer—additional repairs 12\n16 Motor vehicle repairer—time to carry out work 13\n17 Motor vehicle repairer—replaced parts 13\n18 Motor vehicle repairer—information sheet 13\n19 Motor vehicle repairer—warranties and guarantees 14\nDictionary 15\nEndnotes\n1 About the endnotes 16\n2 Abbreviation key 16\n3 Legislation history 17\n4 Amendment history 17\n5 Earlier republications 18\n\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTraders (Licensing) Regulation 2017\nmade under the\nTraders (Licensing) Act 2016\n\nPart 1 Preliminary\nSection 1\npage 2 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Traders (Licensing) Regulation 2017.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘motor vehicle repair work—see the\nFair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary.’\nmeans that the term ‘motor vehicle repair work’ is defined in that\ndictionary and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nEligibility of entity Part 2\nSection 5\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Eligibility of entity\n5 Eligibility requirement—Act, s 17 (1)\nEach relevant person for an entity must be an adult.\nNote An entity may be an individual, a partnership, a corporation or an\nassociation. For the relevant person for each form of entity see the Act,\ndictionary, definition of relevant person.\n\nPart 3 Suitability of entity\nSection 6\npage 4 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Suitability of entity\n6 Meaning of insolvent—pt 3\nIn this part:\ninsolvent—a corporation is taken to be insolvent if the corporation—\n(a) has had a receiver or other controller appointed; or\n(b) has entered into a deed of company arrangement with the\ncorporation’s creditors; or\n(c) is otherwise under external administration under the\nCorporations Act, chapter 5.\n7 Suitability information—Act, s 18 (a) (i)\n(1) Information about the following in relation to an entity is prescribed:\n(a) a contravention of a relevant law;\n(b) a conviction or a finding of guilt for an offence under a relevant\nlaw;\n(c) a conviction or finding of guilt for an offence involving fraud or\ndishonest conduct;\n(d) a contravention of a licence condition for a licence issued under\na relevant law;\n(e) being refused a licence under a relevant law;\n(f) having a licence cancelled or revoked under a relevant law;\n(g) whether it is in the public interest to issue a licence to the entity.\nNote A conviction does not include a spent conviction or an extinguished\nconviction (see Spent Convictions Act 2000, s 16 (c) (i) and\ns 19H (1) (c) (i)).\n\nSuitability of entity Part 3\nSection 7\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Information about the following in relation to a relevant person for an\nentity is prescribed:\n(a) a matter prescribed for an entity in subsection (1);\n(b) in the past 3 years being or having been—\n(i) involved in the management of a corporation when the\ncorporation was insolvent; or\n(ii) bankrupt or personally insolvent.\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndict, pt 1.\n(3) By making an application for a traders licence, an entity permits the\ncommissioner to enquire about and access prescribed suitability\ninformation in relation to the entity and each relevant person for the\nentity, including a person who becomes a relevant person after the\nentity is licensed.\nNote It is a condition of a licence that a licensee must tell the commissioner if\na person becomes a relevant person for the licensee (see s 9 (1) (f)).\n(4) In this section:\ncorresponding law, for an entity, means—\n(a) the Australian Consumer Law (ACT); and\n(b) the Competition and Consumer Act 2010 (Cwlth); and\n(c) a law of another jurisdiction corresponding, or substantially\ncorresponding, to—\n(i) the Act; or\n(ii) the operational Act for the entity’s trader category; or\n\nPart 3 Suitability of entity\nSection 8\npage 6 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the Australian Consumer Law (ACT).\nNote A reference to an Act (including a Commonwealth Act) includes a\nreference to the statutory instruments made or in force under the Act,\nincluding any regulation (see Legislation Act, s 104).\nrelevant law, for an entity, means—\n(a) the Act; and\n(b) the operational Act for the entity’s trader category; and\n(c) a corresponding law for the entity.\n8 Suitability information—entity in certain trader\ncategories—Act, s 18 (a) (i)\n(1) This section applies to an entity in the following trader categories:\n(a) motor vehicle dealer;\n(b) motor vehicle wholesaler.\n(2) Information about the following in relation to the entity is prescribed:\n(a) if the entity is a corporation—the entity being or having been\ninsolvent in the last 3 years;\n(b) in relation to the entity’s proposed business operation—\n(i) the entity’s material and financial resources; and\n(ii) the scope of the proposed business operation; and\n(iii) any liability the entity may incur in the course of carrying\non business.\n\nLicence conditions—Act, s 20 (1) (c) Part 4\nSection 9\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Licence conditions—\nAct, s 20 (1) (c)\n9 Notification of certain new information\n(1) It is a condition of a licence that a licensee must tell the commissioner\nthe following:\n(a) if the licensee’s name changes—the new name;\n(b) if the licensee’s trading name changes—the new trading name;\n(c) if the licensee’s trading address changes—the new trading\naddress;\n(d) if the licensee’s email address changes—the new email address;\n(e) if a person ceases to be a relevant person for the licensee—\n(i) the name of the person; and\n(ii) the date on which the person will cease or ceased to be a\nrelevant person;\n(f) if a person becomes a relevant person for the licensee—\n(i) the name of the person; and\n(ii) the date on which the person will become or became a\nrelevant person for the licensee;\n(g) any other change in circumstances that relates to whether the\nlicensee is a suitable entity.\nExamples—par (g)\n1 a finding of guilt for an offence under an operational Act\n2 a relevant person becoming bankrupt or personally insolvent\nNote An example is part of the regulation, is not exhaustive and may\nextend, but does not limit, the meaning of the provision in which it\nappears (see Legislation Act, s 126 and s 132).\n\nPart 4 Licence conditions—Act, s 20 (1) (c)\nSection 9\npage 8 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) It is a condition of a licence that the licensee tells the commissioner\nthe information required under subsection (1) no more than\n10 business days after the day the information becomes relevant.\nExamples—day information becomes relevant\n1 the day a new trading name is first used\n2 the day a person ceases to be a relevant person\n\nLicensing and licence management Part 5\nSection 10\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Licensing and licence\nmanagement\n10 Transferable licences—Act, s 24 (1)\nThe following trader categories are prescribed:\n(a) motor vehicle dealer;\n(b) motor vehicle repairer;\n(c) motor vehicle wholesaler;\n(d) pawnbroker;\n(e) second-hand dealer.\n11 Notification of application in certain trader categories\n(1) This section applies if an entity in 1 of the following trader categories\nmakes an application under the Act, section 22 (Licence application)\nor section 24 (Transfer application):\n(a) motor vehicle dealer;\n(b) motor vehicle wholesaler.\n(2) The relevant person for the applicant must, within 7 days of making\nthe application, give public notice of the application.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(3) The public notice must state—\n(a) the name of the applicant; and\n(b) the name of each relevant person; and\n(c) the type of licence applied for; and\n(d) the proposed trading name of the applicant; and\n(e) the proposed trading address or addresses of the applicant; and\n\nPart 5 Licensing and licence management\nSection 11\npage 10 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) how to contact the commissioner; and\n(g) that any person who objects to the issue of the licence to the\napplicant may tell the commissioner, in writing, about the\nobjection within 14 days of publication of the notice.\nNote In deciding whether an entity is a suitable entity to hold a licence\nthe commissioner must consider whether it is in the public interest\nto issue a licence to an applicant (see s 7 (1) (g)).\n\nMotor vehicle repairer licences Part 6\nSection 12\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Motor vehicle repairer licences\n12 Definitions—pt 6\nIn this part:\nlicence means a licence issued for a trader in the motor vehicle\nrepairer trader category.\nmotor vehicle repair work—see the Fair Trading (Motor Vehicle\nRepair Industry) Act 2010, dictionary.\n13 Motor vehicle repairer—equipment, materials and skill for\ncarrying out work\n(1) The Minister may give directions about the equipment, materials and\nskills necessary to perform work on a motor vehicle, part or system\nsatisfactorily.\n(2) It is a requirement of a licence that motor vehicle repair work\nperformed by the licensee, or an employee of the licensee, on a motor\nvehicle, part or system must be performed in accordance with any\ndirections under subsection (1).\n(3) A direction is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n14 Motor vehicle repairer—agreement for repairs\n(1) It is a requirement of a licence that, before performing motor vehicle\nrepair work for a person that is expected to cost the person $150 or\nmore, the licensee must—\n(a) give the person an estimate of the cost of the work; and\n(b) give the estimate, in writing, if asked by the person to do so.\n\nPart 6 Motor vehicle repairer licences\nSection 15\npage 12 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, if it is not reasonably practicable to give an estimate of the\ncost of work without first undertaking diagnostic work, it is a\nrequirement of the licence that, when performing the diagnostic work\nfor a person, the licensee must—\n(a) give the person a written estimate of the cost of the diagnostic\nwork; and\n(b) if the diagnosis is likely to result in any damage to the motor\nvehicle—tell the person of that fact in writing; and\n(c) obtain the person’s written authorisation for the licensee to\nperform the diagnostic work, unless the person has agreed\notherwise; and\n(d) after the diagnosis and before the licensee repairs the vehicle—\n(i) give the person an estimate of the cost of repairs; and\n(ii) obtain the person’s authority to perform the repairs\nspecified in the estimate.\n(3) It is a requirement of a licence that, when performing motor vehicle\nrepair work for a person after giving an estimate to the person, the\nlicensee must tell the person of any variation in the cost from the\nestimate.\n(4) It is a requirement of a licence that the licensee must keep records of\nwritten or verbal estimates and quotes given to a person.\n15 Motor vehicle repairer—additional repairs\nIt is a requirement of a licence that, before performing work for a\nperson or using parts not agreed to by a person in the estimate of\nwork, the licensee must—\n(a) explain to the person—\n(i) what the additional work or part is; and\n(ii) what the cost of the work or part is; and\n\nMotor vehicle repairer licences Part 6\nSection 16\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) obtain the person’s authorisation to—\n(i) conduct the work or install the part; and\n(ii) charge for the additional work or installation.\n16 Motor vehicle repairer—time to carry out work\nIt is a requirement of a licence that the licensee must—\n(a) complete motor vehicle repair work within a reasonable time;\nand\n(b) tell the person for whom the work was done how much time was\nspent performing the work.\n17 Motor vehicle repairer—replaced parts\n(1) It is a requirement of a licence that, on completing motor vehicle\nrepair work for a person, the licensee must offer to give the person\nany part that was replaced as part of the work.\n(2) It is a requirement of a licence that the licensee must not charge the\nperson a fee for the disposal of a replaced part or oil unless there is a\nsign clearly displayed at the licensee’s premises stating that a fee will\nbe charged for the disposal.\n(3) If the person chooses to take the replaced part away from the\nlicensee’s premises, the licensee must refund any fee paid for the\ndisposal of the part.\n18 Motor vehicle repairer—information sheet\n(1) The commissioner may approve an information sheet about motor\nvehicle repair work.\n(2) It is a requirement of a licence that, before performing motor vehicle\nrepair work for a person, the licensee must make available any\ninformation sheet approved under subsection (1).\n\nPart 6 Motor vehicle repairer licences\nSection 19\npage 14 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An approved information sheet is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n19 Motor vehicle repairer—warranties and guarantees\nIt is a requirement of a licence that, on completing motor vehicle\nrepair work for a person, the licensee must give the person a signed\ncopy of any warranty or guarantee relating to workmanship, parts or\nservice provided by the licensee.\n\nDictionary\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• adult\n• bankrupt or personally insolvent\n• Corporations Act\n• entity\n• liability\n• public notice.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Traders (Licensing) Act 2016 (see Legislation Act, s 148).\nFor example, the following terms are defined in the\nTraders (Licensing) Act 2016, dict:\n• commissioner\n• motor vehicle dealer (see s 9)\n• motor vehicle repairer (see s 10)\n• motor vehicle wholesaler (see s 11)\n• operational Act (see s 6)\n• relevant person\n• suitable entity (see s 18)\n• trader (see s 7)\n• trader category (see s 7)\n• trading address (see s 15)\n• trading name (see s 15).\ninsolvent, for part 3 (Suitability of entity)—see section 7.\nlicence, for part 6 (Motor vehicle repairer licences)—see section 13.\nmotor vehicle repair work, for part 6 (Motor vehicle repairer\nlicences)—see the Fair Trading (Motor Vehicle Repair\nIndustry) Act 2010, dictionary.\n\nEndnotes\n1 About the endnotes\npage 16 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n02/10/18\nTraders (Licensing) Regulation 2017\nEffective: 02/10/18\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nTraders (Licensing) Regulation 2017 SL2017-21\nnotified LR 20 July 2017\ns 1, s 2 commenced 20 July 2017 (LA s 75 (1))\nremainder commenced 22 August 2017 (s 2 and see Traders\n(Licensing) Act 2016 A2016-46, s 2)\nas amended by\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 14\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 14 commenced 2 October 2018 (s 2 (1))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nTransferable licences—Act, s 24 (1)\ns 10 am A2018-33 s 120; pars renum R2 LA\nNotification of application in certain trader categories\ns 11 am A2018-33 s 121; pars renum R2 LA\nDictionary\ndict am A2018-33 s 122\n\nEndnotes\n5 Earlier republications\npage 18 Traders (Licensing) Regulation 2017\nEffective: 02/10/18\nR2\n02/10/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n22 Aug 2017\n22 Aug 2017–\n1 Oct 2018\nnot amended new regulation\n© Australian Capital Territory 2018","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendments recorded in the regulation history altered scope. In 2018 the list of trader categories prescribed as transferable licences was amended and notification requirements for certain licence applications were changed (see Amendment history: s 10 am A2018‑33 s 120; s 11 am A2018‑33 s 121). Dictionary amendments were also made (s 122), affecting definitions used throughout the regulation."},"complexity_factors":["Cross‑references to multiple external Acts and instruments (Corporations Act, Competition and Consumer Act 2010, Australian Consumer Law (ACT), Fair Trading (Motor Vehicle Repair Industry) Act 2010) increasing legal interdependence (see ss 7, 8, pt 6 definitions).","Multiple suitability criteria including criminality, licence history and insolvency with differing lookback periods and definitions tied to external insolvency rules (see s 7(1)–(2) and s 6).","Notification and timing rules with short deadlines (7 days for public notice of certain applications, 10 business days for licensee updates, 14 days for objections) create operational compliance burden (see ss 9(2), 11(2)–(3)).","Prescribed licence conditions that impose consumer‑facing obligations and recordkeeping (written estimates, authorisations, refund/disposal rules, warranties) raising transactional compliance and potential liability for businesses (see ss 13–19).","Ministerial and administrative discretions: Minister may issue directions about required equipment/skills (disallowable instrument) and Commissioner approves information sheets (notifiable instrument) — layers of subordinate law can change operational requirements (see s 13(1)–(3), s 18).","Transfers and category‑specific rules: only certain trader categories are prescribed as transferable licences, and those categories are subject to additional public‑notice and suitability checks (see ss 10–11).","Significant use of defined and signpost definitions (dictionary and references to Act definitions) requires users to consult multiple provisions to determine precise meanings (see s 3 and Dictionary).","Permissions given by applicants for the Commissioner to enquire and access suitability information (including future relevant persons) create ongoing disclosure/compliance obligations (see s 7(3))."],"plain_english_summary":"Sets licensing rules for specified trader categories in the ACT. It prescribes eligibility (relevant persons must be adults), suitability checks (criminal, insolvency, prior licence history), licence conditions (timely notifications and public notices for some applications) and consumer‑protection obligations for motor vehicle repairers (estimates, authorisations, return of replaced parts, warranties).\n\nApplies to individuals, partnerships, corporations and associations seeking licences — notably motor vehicle dealers, wholesalers, repairers, pawnbrokers and second‑hand dealers. Licensees pay compliance costs; the Commissioner and Minister exercise decision and direction powers; businesses must change record‑keeping, disclosure and public‑notice practices."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to be operating within its original intended scope as a subsidiary instrument to the Traders (Licensing) Act 2016. It provides detailed implementation rules for the licensing scheme without expanding into new policy areas. The 2018 amendments (A2018-33) appear to be minor technical or red-tape reduction changes rather than scope expansions."},"complexity_factors":["18 pages total with 6 distinct parts covering different aspects of licensing","Multiple cross-references to the parent Act (Traders (Licensing) Act 2016) and other legislation (Fair Trading (Motor Vehicle Repair Industry) Act 2010, Corporations Act, Australian Consumer Law)","Nested definitions: some terms defined in the regulation's dictionary point to definitions in other Acts","Conditional requirements for motor vehicle repairers with multiple sub-paragraphs (e.g., diagnostic work exceptions in s 14(2))","Different rules apply to different 'trader categories' creating a tiered regulatory structure","Mixture of licence conditions (Part 4), licence requirements (Part 6), and eligibility criteria (Parts 2-3) with subtle distinctions between these concepts"],"plain_english_summary":"This regulation sets who may hold a traders licence in the ACT (motor vehicle dealers, repairers, wholesalers, pawnbrokers, second‑hand dealers) and the ongoing obligations to keep it. Applicants must be adults and “suitable” (checks on convictions, bankruptcies, past cancellations); licensees must promptly report changes or new disqualifying events.\n\nIt adds specific consumer protections for motor vehicle repairers (estimates, consent for extra work, timelines, warranties), requires public notice for dealer/wholesaler applicants, and allows certain licences to be transferred."}},"importantCases":[],"_links":{"self":"/api/acts/traders-licensing-regulation-2017","history":"/api/acts/traders-licensing-regulation-2017/history","analysis":"/api/acts/traders-licensing-regulation-2017/analysis","conflicts":"/api/acts/traders-licensing-regulation-2017/conflicts","importantCases":"/api/acts/traders-licensing-regulation-2017/important-cases","documents":"/api/acts/traders-licensing-regulation-2017/documents"}}