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CONSUMER AFFAIRS AND FAIR TRADING (MOTOR VEHICLE DEALERS) REGULATIONS 1992
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CONSUMER AFFAIRS AND FAIR TRADING (MOTOR VEHICLE DEALERS) REGULATIONS 1992
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NORTHERN TERRITORY OF AUSTRALIA CONSUMER AFFAIRS AND FAIR TRADING (MOTOR VEHICLE DEALERS) REGULATIONS 1992 As in force at 1 February 2023 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 3A Exclusion of classes of vehicles ...................................................... 1 4 Exempted transactions .................................................................... 2 5 Fees ................................................................................................ 2 6 Forms .............................................................................................. 2 8 Date of payment of annual licence fee ............................................ 3 10 Criteria as to material and financial resources ................................. 3 10A Audit ................................................................................................ 4 10B Guidelines........................................................................................ 4 11 Requirements for certain contracts and documents ........................ 4 12 Dealers managers ........................................................................... 5 13 Grounds for withholding approval .................................................... 5 14 Approval of manager ....................................................................... 6 15 Duration of approval ........................................................................ 6 16 Powers of Director ........................................................................... 6 17 Grounds for revocation .................................................................... 7 18 Advertisements ................................................................................ 7 19 Sales by financiers .......................................................................... 7 20 Transitional provision ....................................................................... 7 Schedule 1 Fees Schedule 2 Warnings ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 February 2023
CONSUMER AFFAIRS AND FAIR TRADING (MOTOR VEHICLE DEALERS) REGULATIONS 1992 Regulations under the Consumer Affairs and Fair Trading Act 1990 1 Citation These Regulations may be cited as the Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992. 2 Commencement These Regulations shall come into operation on the commencement of Part X, other than section 176, of the Consumer Affairs and Fair Trading Act 1990. 3 Interpretation In these Regulations: exempted transaction means a transaction exempted under regulation 4. dealer's manager means a person appointed as dealer's manager in accordance with section 176 of the Act. register means the Register of Motor Vehicle Dealers kept in accordance with section 155 of the Act. 3A Exclusion of classes of vehicles For Part 10 of the Act, the following vehicles are not motor vehicles: (a) cranes, hoists or conveyors; (b) excavators, road graders, road rollers, bulldozers or forklift trucks; (c) vehicles that: (i) have attached earthmoving, grading or lifting apparatus similar to that of a vehicle mentioned in paragraph (a); and
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 2 (ii) are not constructed on a chassis of a type normally used in the construction of a vehicle intended to be used primarily for the carriage of goods or animals; (d) vehicles constructed or adapted for road construction or maintenance such as road sweeping, cleaning or watering; (e) commercial vehicles exceeding 5 tonnes in mass. 4 Exempted transactions A transaction between a dealer or an employee of a dealer on unlicensed premises in relation to the sale of a motor vehicle is an exempted transaction under section 129(2) of the Act if: (a) the transaction occurs: (i) at the residence of a prospective customer or at the place at which a prospective customer is employed; (ii) the attendance of the dealer or employee of the dealer is at the request of the prospective customer; and (iii) the prospective customer is furnished with a printed card on which is printed the name of the dealer or the name of the employee of the dealer, or both, in letters not less than 2 mm in size, the business name under which the dealer operates and the licence number of the dealer; or (b) the transaction occurs at a motor show or demonstration that is approved for the purposes of this paragraph by the Director. 5 Fees The fees prescribed in Schedule 1 are payable in relation to the matters specified in that Schedule. 6 Forms (2) The information required to be provided in an approved form is the prescribed information for the purposes of the provisions of the Act or these Regulations, as the case requires, in relation to the approved form. (3) An approved form must be completed in accordance with the directions given in the approved form. (4) An application required to be made under the Act must be lodged in a completed approved form.
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 3 8 Date of payment of annual licence fee (1) The annual licence fee payable by a licensed dealer shall be paid not later than 31 October in each year. (3) The amount prescribed as a penalty for a default for failing to pay the annual licence fee or failing to lodge the annual return in accordance with section 141(1) of the Act is the amount set out in item 14 of Schedule 1. 10 Criteria as to material and financial resources Subject to sections 136(4) and 137(4) of the Act, the criteria to be taken into account by the Director in assessing the adequacy of the material and financial resources of an applicant are the capacity of the applicant to: (b) provide premises of a proper standard for the purposes of carrying on the business of a motor vehicle dealer and include facilities that provide privacy for the transaction of business with customers and prospective customers; (c) make adequate provision for the storage of records and documents; (d) ensure that the premises on which the business is carried on provide adequate areas for the display of motor vehicles and, where town planning requirements apply, conform with the appropriate zoning requirements under the relevant town planning scheme; (e) provide, have available, or make satisfactory arrangements for, facilities that will enable the applicant to comply with any obligations imposed on the applicant by the Act and these regulations; (f) develop to a proper standard any area proposed to be used for the purposes of carrying on business as a motor vehicle dealer; (g) maintain a level of liquidity, profitability and financial stability that is appropriate for the carrying on of a motor vehicle dealer's business of the size proposed by the applicant, as assessed by the Director in accordance with guidelines issued under regulation 10B, having regard to the financial information that is provided in the application by the applicant.
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 4 10A Audit (1) The Director may require the holder of a licence under Part 10 of the Act to obtain an audit, by a registered company auditor within the meaning of the Corporations Act 2001, of the business conducted under the licence. (2) The Director may require the audit to be conducted by an auditor specified by the Director. (3) The costs of the audit must be borne by the holder of the licence. 10B Guidelines (1) The Director may issue guidelines in relation to the determination of the financial analysis of the suitability of an applicant for a licence. (2) As soon as practicable after making guidelines under subregulation (1), the Director must give notice in the Gazette of: (a) the making of the guidelines; and (b) the place where the guidelines are available for viewing or purchase by members of the public or an electronic address at which the guidelines are available for viewing. (3) The Director must ensure the guidelines are available for viewing or purchase in accordance with the notice. 11 Requirements for certain contracts and documents (1) An approved form for a document under section 169(4)(a) of the Act must include the warning in Schedule 2, clause 1. (2) An approved form for a contract under section 165(2)(b) of the Act must include the warning in Schedule 2, clause 2. (3) The following must be executed in duplicate and a completed copy given to the purchaser: (a) a contract under section 160 of the Act; (b) a contract under section 165(2)(b) of the Act; (c) a document under section 169(4)(a) of the Act. (4) Before a contract or document referred to in subregulation (3)(b) or (c) is signed by the purchaser, the warning set out in the contract or document must be read to the purchaser by an authorised officer or a police officer.
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 5 (5) A contract or document referred to in subregulation (3)(b) or (c) must be: (a) executed in the presence of the person who read the prescribed warning to the purchaser; and (b) witnessed by the person who read the prescribed warning to the purchaser. 12 Dealers managers (1) An application to be approved as a dealer's manager must be made to the Director in the approved form and accompanied by the prescribed fee specified in Schedule 1. (2) An applicant for an approval as a dealer's manager must, if required to do so by the Director, provide the Director with such particulars additional to those included in the application, and with such documents in relation to those particulars, as the Director requires. (3) The Director may require the applicant for an approval as a dealer's manager to appear before the Director and to furnish such further information as the Director requires in connection with the application. (4) If the Director proposes to withhold an approval of an application the Director must give the applicant a reasonable opportunity to be heard on the matter. (5) The Director must notify the applicant of the approval or of the withholding of an approval not later than 45 days after the date on which a completed approved form has been made to the Director. (6) The Director may seek such information and advice as the Director considers necessary for the purpose of dealing with an application made under this regulation. 13 Grounds for withholding approval The Director must withhold the approval of a person as a dealer's manager if any of the following grounds are established: (a) that the applicant has not attained the age of 18 years; (b) that the applicant is disqualified from holding a licence; (c) that the applicant is taking the benefit of a law for the relief of bankrupt or insolvent debtors, or is a person whose remuneration is for the time being assigned for the benefit of creditors;
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 6 (d) that the applicant is not likely to carry on business as a manager honestly and fairly; (e) that the applicant has, during the period of 10 years immediately preceding the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence (wherever committed) involving fraud, dishonesty or physical violence; (g) that the applicant was, at the time that the application was made, the subject of a charge in relation to such an offence; (h) that the applicant has at any time been convicted of an offence against this Act, the Regulations or any other enactment administered by the Director. 14 Approval of manager (1) An approval of a person as a dealer's manager must be in the approved form. (2) An approval of a person as a dealer's manager may be made subject to such conditions or restrictions as are specified by the Director. 15 Duration of approval Except where it is suspended by or pursuant to these Regulations, an approval of a person as a dealer's manager is valid for a period of 12 months commencing from the date of the approval and continues in force until: (a) it is cancelled by, or revoked or surrendered pursuant to these Regulations; or (b) the dealer's manager dies. 16 Powers of Director If any of the grounds specified in regulation 17 exists, the Director has power, subject to and in accordance with these regulations: (a) to revoke an approval given under regulation 14; (b) to suspend an approval given under regulation 14; or (c) to vary any term or condition or restriction specified in the approval.
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 7 17 Grounds for revocation The grounds referred to in regulation 16 are: (a) that the approval was obtained by means of fraud or misrepresentation; or (b) that the dealer's manager is a person who if he or she were an applicant for an approval under regulation 12 would be refused an approval under the grounds for withholding of an approval specified in regulation 13. 18 Advertisements (1) Any advertisement by a dealer in a newspaper that relates to his or her business as a dealer shall be in letters of not less than 2 mm high. (2) A dealer who contravenes subregulation (1) commits an offence and is liable to a penalty not exceeding $2,000. 19 Sales by financiers The sale of motor vehicles by a financier for the purpose of: (a) disposing of a re-possessed motor vehicle; or (b) disposing of a motor vehicle that was previously the subject of a lease or similar financial arrangement whether or not with an option to purchase between the financier and some other person, is a prescribed purpose for the purposes of section 125(4)(e) of the Act. 20 Transitional provision Paragraph 4(3) of Schedule 3 to the Act shall continue to apply to and in respect of a dealer notwithstanding that the time specified in subparagraph (4) within which subparagraph (3) shall cease to apply to the dealer has expired, and this regulation shall have effect despite subparagraph (4).
Schedule 1 Fees Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 8 Schedule 1 Fees regulation 5 Revenue units
Schedule 2 Warnings Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 9 Schedule 2 Warnings regulation 11
ENDNOTES Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 10 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations (SL No. 68, 1992) Notified 9 December 1992 Commenced 14 December 1992 (r 2, s 2 Consumer Affairs and Fair Trading Act 1990 (Act No. 49, 1990) and Gaz G49, 9 December 1992, p 6) Amendment of Motor Vehicle Dealers Regulations (SL No. 7, 1993) Notified 12 May 1993 Commenced 12 May 1993 Amendment of Motor Vehicle Dealers Regulations (SL No. 10, 1993) Notified 9 June 1993 Commenced 9 June 1993 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 and Cth Gaz S285, 13 July 2001) Statute Law Revision Act (Act No. 12, 2003) Assent date 18 March 2003 Commenced 18 March 2003 Amendments of Motor Vehicle Dealers Regulations (SL No. 17, 2004) Notified 9 June 2004 Commenced 9 June 2004 Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005
ENDNOTES Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 11 Consumer Affairs and Fair Trading Amendment Regulations 2006 (SL No. 15, 2006) Notified 31 May 2006 Commenced 1 July 2006 (r 2, s 2 Consumer Affairs and Fair Trading Amendment Act 2002 (Act No. 41, 2002) and Gaz G20, 17 May 2006, p 6) Consumer Affairs and Fair Trading Amendment Regulations (No. 2) 2006 (SL No. 35, 2006) Notified 8 November 2006 Commenced 1 January 2011 (r 2, s 2 Consumer Affairs and Fair Trading Amendment Act 2006 (Act No. 23, 2006), s 2 Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No. 41, 2010) and Gaz S71, 20 December 2010) Amending Legislation Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No. 41, 2010) Assent date 8 December 2010 Commenced 1 January 2011 (Gaz S71, 20 December 2010) Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 (Act No. 41, 2010) Assent date December 2010 Commenced 1 January 2011 (Gaz S71, 20 December 2010) Business Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8, 2012) Assent date 27 April 2012 Commenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891: 19 April 2012) ; rem: 27 April 2012 (s 2) Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) Statute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19, 2021) Assent date 31 August 2021 Commenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39, 29 September 2021, p 1) Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Amendment Regulations 2021 (SL No. 19, 2021) Notified 16 December 2021 Commenced 16 December 2021 Statute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5, 2022) Assent date 14 April 2022 Commenced pt 7: nc; rem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)
ENDNOTES Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 12 Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022) Assent date 31 October 2022 Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50, 21 December 2022, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2 and 9 and sch 3. 4 LIST OF AMENDMENTS r 1 amd No. 17, 2004, r 2 r 3 amd Act No. 19, 2021, s 28 r 3A ins No. 35, 2006, r 7 r 4 amd Act No. 21, 2022, s 50 r 6 amd Act No. 19, 2021, s 29 r 7 amd No. 15, 2006, r 4 rep Act No. 5, 2022, s 85 r 8 amd Act No. 12, 2003; No. 17, 2004, r 3; Act No. 19, 2021, s 30 r 9 amd No. 17, 2004, r 4; No. 35, 2006, r 8 rep Act No. 19, 2021, s 31 r 10 amd No. 17, 2004, r 5; Act No. 21, 2022, s 50 rr 10A – 10B ins No. 17, 2004, r 6 amd Act No. 21, 2022, s 50 r 11 amd No. 17, 2004, r 9 sub Act No. 19, 2021 s 32 amd No. 19, 2021, r 4 r 12 amd No. 17, 2004, r 9; Act No. 19, 2021 s 33; Act No. 21, 2022, s 50 r 13 amd No. 17, 2004, r 7; Act No. 21, 2022, s 50 r 14 amd Act No. 19, 2021, s 34; Act No. 21, 2022, s 50 r 15 amd No. 17, 2004, r 9 r 16 amd Act No. 21, 2022, s 50 r 17 amd No. 17, 2004, r 9 r 20 ins No. 10, 1993 sch 1 amd No. 34, 2009, r 10; Act No. 19, 2021, s 35; Act No. 5, 2022, s 86; Act No. 21, 2022, s 50 sch 2 sub Act No. 19, 2021, s 36 amd Act No. 21, 2022, s 50 sch 3 amd No. 7, 1993; Act No. 17, 2001; Act No. 12, 2003; No. 17, 2004, r 8; Act No. 44, 2005; Act No. 41, 2010, s 27; Act No. 8, 2012, s 30; Act No. 10, 2018, s 6 rep Act No. 19, 2021, s 36