Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Fair Trading (Motor Vehicle Repair
Industry) Act 2010
A2010-16
Republication No 14
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025-13
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Fair Trading (Motor Vehicle Repair Industry) Act 2010 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 26 November 2025. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Fair Trading (Motor Vehicle Repair
Industry) Act 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 3
Part 2 Important concepts
7 Certain people not taken to carry on business as motor vehicle
repairer 4
Part 7 Offences
49 False or misleading representations 5
Contents
Page
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Part 9 Miscellaneous
53 Exemptions by regulation 7
57 Regulation-making power 7
Dictionary 8
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 13
5 Earlier republications 18
6 Expired transitional or validating provisions 19
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page 1
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Australian Capital Territory
Fair Trading (Motor Vehicle Repair
Industry) Act 2010
An Act to provide for the licensing and regulation of people in the motor vehicle
repair industry, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Fair Trading (Motor Vehicle Repair Industry)
Act 2010.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘motor vehicle—see the Sale of
Motor Vehicles Act 1977, dictionary.’ means that the term ‘motor vehicle’
is defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5
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5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Important concepts
Section 7
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Part 2 Important concepts
7 Certain people not taken to carry on business as motor
vehicle repairer
For this Act, a person does not carry on business as a motor vehicle
repairer only because the person—
(a) performs motor vehicle repair work in the course of employment
by another person; or
(b) is a member of a partnership that carries on the business; or
(c) publishes, on behalf of another person, an advertisement
about—
(i) a business carried on, or to be carried on, by the other
person; or
(ii) a service provided, or to be provided, by the other person.
Offences Part 7
Section 49
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Part 7 Offences
Note For investigations by the commissioner—see the Fair Trading
(Australian Consumer Law) Act 1992, div 5.2.
49 False or misleading representations
(1) A person must not, in trade or commerce, in connection with the
supply or possible supply of goods or services in relation to motor
vehicle repair work or in connection with the promotion by any means
of the supply or use of goods or services in relation to motor vehicle
repair work—
(a) falsely represent that goods are of a particular standard, quality,
value, grade, composition, style or model or have had a
particular history or particular previous use; or
(b) falsely represent that services are of a particular standard,
quality, value or grade; or
(c) falsely represent that goods are new; or
(d) falsely represent that a particular person has agreed to acquire
goods or services; or
(e) represent that goods or services have sponsorship, approval,
performance characteristics, accessories, uses or benefits they
do not have; or
(f) represent that the person has a sponsorship, approval or
affiliation they do not have; or
(g) make a false or misleading representation in relation to the price
of goods or services; or
(h) make a false or misleading representation about the availability
of facilities for the repair of goods or of spare parts for goods;
or
(i) make a false or misleading representation about the place of
origin of goods; or
Part 7 Offences
Section 49
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(j) make a false or misleading representation about the need for any
goods or services; or
(k) make a false or misleading representation about the existence,
exclusion or effect of any condition, warranty, guarantee, right
or remedy; or
(l) make a false or misleading representation that services have
been or are to be performed with the equipment, materials and
skill necessary to carry out the work satisfactorily, having regard
to the age and make of the vehicle, part or system.
(2) A person does not contravene subsection (1) (i) if the person makes a
representation about the country of origin of goods and the person
complies with the Australian Consumer Law (ACT), part 5-3
(Country of origin representations).
(3) A person commits an offence if the person contravenes
subsection (1).
Maximum penalty: 200 penalty units.
(4) In this section:
goods—see the Australian Consumer Law (ACT), section 2 (1).
price—see the Australian Consumer Law (ACT), section 2 (1).
services—see the Australian Consumer Law (ACT), section 2 (1).
supply—see the Australian Consumer Law (ACT), section 2 (1).
trade or commerce—see the Australian Consumer Law (ACT),
section 2 (1).
Miscellaneous Part 9
Section 53
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Part 9 Miscellaneous
53 Exemptions by regulation
A regulation may exempt a person from all or any of the provisions
of this Act.
57 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note The Legislation Act contains definitions relevant to this Act.
For example:
• Australian Consumer Law (ACT)
• penalty unit (see s 133)
• person (see s 160).
commissioner means the commissioner for fair trading.
motor vehicle—see the Sale of Motor Vehicles Act 1977, dictionary.
motor vehicle repair work—
(a) means—
(i) any of the following work performed on a motor vehicle,
motor vehicle part or motor vehicle system:
(A) examining or assessing condition or performance
improvement;
(B) diagnosing and detecting of faults;
(C) overhauling;
(D) dismantling and assembling;
(E) servicing and maintenance;
(F) replacing and adjusting of objects for performance
improvement;
(G) painting and treatment;
(H) modifying, altering, installing or fitting work; and
(ii) giving advice on any of the work mentioned in
subparagraph (i); and
Dictionary
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(iii) any other work prescribed by regulation to be motor
vehicle repair work; but
(b) does not include any work prescribed by regulation not to be
motor vehicle repair work.
Endnotes
1 About the endnotes
page 10 Fair Trading (Motor Vehicle Repair Industry) Act 2010
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Fair Trading (Motor Vehicle Repair Industry) Act 2010 A2010-16
notified LR 7 April 2010
s 1, s 2 commenced 7 April 2010 (LA s 75 (1))
remainder commenced 7 October 2010 (s 2 and LA s 79)
as amended by
Fair Trading (Australian Consumer Law) Amendment Act 2010
A2010-54 sch 3 pt 3.8
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.8 commenced 1 January 2011 (s 2 (1))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.19
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.19 commenced 1 March 2011 (s 2)
Justice and Community Safety Legislation Amendment Act 2011
(No 3) A2011-49 sch 1 pt 1.4
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.4 commenced 12 December 2011 (s 2 (2) (a) and see
Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)
Justice and Community Safety Legislation (Red Tape Reduction
No 1—Licence Periods) Amendment Act 2013 A2013-28 pt 5
notified LR 21 August 2013
s 1, s 2 commenced 21 August 2013 (LA s 75 (1))
pt 5 commenced 22 August 2013 (s 2)
Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 3
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 3 commenced 7 November 2014 (s 2)
Endnotes
3 Legislation history
page 12 Fair Trading (Motor Vehicle Repair Industry) Act 2010
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Spent Convictions (Historical Homosexual Convictions
Extinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.4
notified LR 6 November 2015
s 1, s 2 commenced 6 November 2015 (LA s 75 (1))
sch 1 pt 1.4 commenced 7 November 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016-18
sch 3 pt 3.23, sch 4 pt 4.4
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.23, sch 4 pt 4.4 commenced 27 April 2016 (s 2)
Traders (Licensing) Act 2016 A2016-46 sch 2 pt 2.2
notified LR 22 August 2016
s 1, s 2 commenced 22 August 2016 (LA s 75 (1))
sch 2 pt 2.2 commenced 22 August 2017 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.12
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.12 commenced 9 March 2017 (s 2)
Justice and Community Safety Legislation Amendment Act 2025
(No 2) A2025-3 sch 1 pt 1.3
notified LR 14 March 2025
s 1, s 2 commenced 14 March 2025 (LA s 75 (1))
sch 1 pt 1.3 commenced 21 March 2025 (s 2)
Better Regulation Legislation Amendment Act 2025 A2025-13 pt 9
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 9 commenced 26 November 2025 (s 2 (2) and LA s 79)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Dictionary
s 3 am A2010-54 amdt 3.22; A2025-13 s 21
Carrying on business as motor vehicle repairer
s 6 om A2016-46 amdt 2.3
Licences
pt 3 hdg om A2016-46 amdt 2.4
Requirement for licence
div 3.1 hdg om A2016-46 amdt 2.4
Person carrying on business as motor vehicle repairer to be licensed
s 8 om A2016-46 amdt 2.4
Eligibility for licence
div 3.2 hdg om A2016-46 amdt 2.4
Eligibility for licence
s 9 om A2016-46 amdt 2.4
Meaning of disqualified person
s 10 am A2010-54 amdt 3.23
om A2016-46 amdt 2.4
Licence procedures and details
div 3.3 hdg om A2016-46 amdt 2.4
Application for motor vehicle repair licence
s 11 om A2016-46 amdt 2.4
Decision on application
s 12 om A2016-46 amdt 2.4
Licence conditions
s 13 om A2016-46 amdt 2.4
Form of licence
s 14 om A2016-46 amdt 2.4
Replacement licence
s 15 am A2016-18 amdt 3.103, amdt 3.104
om A2016-46 amdt 2.4
Licence term
s 16 am A2013-28 s 11
om A2016-46 amdt 2.4
Endnotes
4 Amendment history
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Licence not transferable
s 17 om A2016-46 amdt 2.4
Renewal of licence
s 18 om A2016-46 amdt 2.4
Amendment of licence on commissioner’s initiative
s 19 om A2016-46 amdt 2.4
Amendment of licence on application
s 20 om A2016-46 amdt 2.4
Surrendering licence
s 21 am A2016-18 amdt 3.105, amdt 3.106
om A2016-46 amdt 2.4
Licence conditions
div 3.4 hdg om A2016-46 amdt 2.4
Licence condition—equipment, materials and skill for carrying out work
s 22 om A2016-46 amdt 2.4
Licence condition—agreement for repairs
s 23 om A2016-46 amdt 2.4
Licence condition—additional repairs
s 24 om A2016-46 amdt 2.4
Licence condition—time to carry out work
s 25 om A2016-46 amdt 2.4
Licence condition—replaced parts
s 26 om A2016-46 amdt 2.4
Licence condition—information sheet
s 27 om A2016-46 amdt 2.4
Licence condition—warranties and guarantees
s 28 om A2016-46 amdt 2.4
Licence condition—display of licence
s 29 om A2016-18 amdt 4.5
Licence condition—notification of change of name or address
s 30 om A2016-46 amdt 2.4
Occupational discipline
pt 4 hdg om A2016-46 amdt 2.4
Meaning of licensee—pt 4
s 31 om A2016-46 amdt 2.4
Grounds for disciplinary action
s 32 om A2016-46 amdt 2.4
Endnotes
Amendment history 4
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Application to ACAT for occupational discipline
s 33 om A2016-46 amdt 2.4
Considerations before making occupational discipline orders
s 34 om A2016-46 amdt 2.4
Information about cancellations etc to be given to corresponding authorities
s 35 am A2011-3 amdt 3.206
om A2016-46 amdt 2.4
Effect of licence suspension
s 36 om A2016-46 amdt 2.4
Licence register
pt 5 hdg om A2016-46 amdt 2.4
Licence register
s 37 om A2016-46 amdt 2.4
Correcting register and keeping it up-to-date
s 38 om A2016-46 amdt 2.4
Advisory committee
pt 6 hdg om A2025-13 s 22
Establishment of advisory committee
s 39 om A2025-13 s 22
Advisory committee functions
s 40 am A2016-46 amdt 2.5, amdt 2.6
om A2025-13 s 22
Advisory committee membership
s 41 om A2025-13 s 22
Advisory committee––chair
s 42 om A2025-13 s 22
Advisory committee—general procedure
s 43 om A2025-13 s 22
Reimbursement of expenses for advisory committee members
s 44 om A2025-13 s 22
Advisory committee to report on impact of Act etc
s 45 exp 7 October 2012 (s 45 (5))
Unlicensed person advertising
s 46 om A2016-46 amdt 2.7
Return of amended, suspended or cancelled licences
s 48 om A2016-46 amdt 2.7
Offences
pt 7 hdg note am A2010-54 amdt 3.24; A2025-3 amdt 1.8
Endnotes
4 Amendment history
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Licensee advertising without details
s 47 om A2014-47 s 6
False or misleading representations
s 49 am A2010-54 amdt 3.25, amdt 3.26; A2025-3 amdt 1.9;
A2025-13 s 23
Notification and review of decisions
pt 8 hdg om A2016-46 amdt 2.8
Meaning of reviewable decision—pt 8
s 50 om A2016-46 amdt 2.8
Reviewable decision notices
s 51 om A2016-46 amdt 2.8
Applications for review
s 52 om A2016-46 amdt 2.8
Exemptions by Minister
s 54 om A2016-46 amdt 2.9
Determination of fees
s 55 om A2016-46 amdt 2.9
Approved forms
s 56 om A2025-13 s 24
Legislation repealed
s 58 om LA s 89 (3)
Transitional
pt 10 hdg exp 7 October 2011 (s 63)
Definitions—pt 10
s 59 exp 7 October 2011 (s 63)
def commencement day exp 7 October 2011 (s 63)
def repealed code exp 7 October 2011 (s 63)
Principals under repealed code licensed
s 60 exp 7 October 2011 (s 63)
Registration under repealed code
s 61 exp 7 October 2011 (s 63)
Transitional regulations
s 62 exp 7 October 2011 (s 63)
Expiry—pt 10
s 63 exp 7 October 2011 (s 63)
Fair Trading (Consumer Affairs) Act 1973
s 64 om LA s 89 (3)
Endnotes
Amendment history 4
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Reviewable decisions
sch 1 om A2016-46 amdt 2.10
Dictionary
dict am A2010-54 amdt 3.28; A2011-49 amdt 1.8; A2017-4
amdts 3.58-3.60; A2016-46 amdt 2.11; A2025-13 s 25
def advisory committee om A2025-13 s 26
def carries on business as a motor vehicle repairer om
A2016-46 amdt 2.12
def consumer sub A2010-54 amdt 3.29
om A2025-13 s 26
def corporation om A2016-46 amdt 2.12
def disqualified person om A2016-46 amdt 2.12
def ground for occupational discipline om A2016-46
amdt 2.12
def licence om A2016-46 amdt 2.12
def licence number om A2016-46 amdt 2.12
def licensee om A2016-46 amdt 2.12
def motor vehicle repair work sub A2016-46 amdt 2.13
def police certificate am A2011-49 amdt 1.9; A2015-45
amdt 1.4; A2017-4 amdt 3.61
om A2016-46 amdt 2.14
def register om A2016-46 amdt 2.14
def representative members om A2025-13 s 26
def reviewable decision om R12 LA
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
7 Oct 2010
7 Oct 2010-
31 Dec 2010
not amended new Act
R2
1 Jan 2011
1 Jan 2011–
28 Feb 2011
A2010-54 amendments by
A2010-54
R3
1 Mar 2011
1 Mar 2011–
7 Oct 2011
A2011-3 amendments by
A2011-3
R4
8 Oct 2011
8 Oct 2011–
11 Dec 2011
A2011-3 expiry of
transitional
provision (pt 10)
R5
12 Dec 2011
12 Dec 2011–
7 Oct 2012
A2011-49 amendments by
A2011-49
R6
8 Oct 2012
8 Oct 2012–
21 Aug 2013
A2011-49 expiry of provision
(s 45)
R7
22 Aug 2013
22 Aug 2013-
6 Nov 2014
A2013-28 amendments by
A2013-28
R8
7 Nov 2014
7 Nov 2014-
6 Nov 2015
A2014-47 amendments by
A2014-47
R9
7 Nov 2015
7 Nov 2015-
26 Apr 2016
A2015-45 amendments by
A2015-45
R10
27 Apr 2016
27 Apr 2016-
8 Mar 2017
A2016-18 amendments by
A2016-18
R11
9 Mar 2017
9 Mar 2017-
21 Aug 2017
A2017-4 amendments by
A2017-4
R12
22 Aug 2017
22 Aug 2017–
20 Mar 2025
A2017-4 amendments by
A2016-46