76Determination of claims

76 Determination of claims S. 76(1) amended by Nos 8/2003 s. 70(1), 4/2008 s. 24(1), 12/2015 s. 17. (1) Any person (other than a person specified in subsection (4A)) may make a claim against the Fund by applying to the Secretary to the Committee in a form approved by the Committee and specifying as a ground that— S. 76(1)(a) amended by Nos 52/1998 s. 170(1), 4/2008 s. 24(2)(3). (a) loss has been incurred from a failure of the motor car trader to comply with section 36, 38, 43(3), 54(2A), 54(2C) or 56(2) of this Act or the **Motor Car Traders Act 1973**; or S. 76(1)(b) amended by No. 4/2008 s. 24(4). (b) loss has been incurred from a failure of the motor car trader to transfer a good title to a motor car, including, without limitation— S. 76(1)(b)(i) inserted by No. 4/2008 s. 24(4). (i) the motor car continuing to be subject to a registered security interest which was registered before the motor car trader sold the motor car; or S. 76(1)(b)(ii) inserted by No. 4/2008 s. 24(4), amended by No. 37/2014 s. 10(Sch. item 114.2). (ii) the motor car being a stolen motor car or having been seized by a police officer as a suspected stolen motor car; or (c) loss has been incurred from a failure of a motor car trader to comply with an agreement to pay the purchase price to a person who sold a motor car to the motor car trader or to remit the whole or any part of the purchase price to another person; or S. 76(1)(d) amended by Nos 44/1989 s. 41(Sch. 2 item 28), 74/1996 s. 32(1), 4/2008 s. 24(5), 49/2019 s. 186(Sch. 4 item 30.3), 25/2025 s. 106(Sch. 1 item 29.3). (d) loss has been incurred from a failure of a motor car trader to pay transfer fees or registration fees to the Secretary to the Department of Transport and Planning or stamp duty on a motor car or to provide any certificate of roadworthiness or other document necessary to enable a motor car to be registered under the **Road Safety Act 1986** subject to payment of the appropriate fee; or S. 76(1)(e) inserted by No. 74/1996 s. 32(1). (e) loss has been incurred from a failure of a motor car trader to remit money paid to the motor car trader as a premium or purchase price for an insurance policy or warranty to the person who was to provide the insurance or warranty; or S. 76(1)(f) inserted by No. 74/1996 s. 32(1), amended by No. 4/2008 s. 24(6). (f) loss has been incurred from a failure of a motor car trader to satisfy— (i) a court order; or S. 76(1)(f)(ii) amended by No. 52/1998 s. 170(2)(a). (ii) an order of the Tribunal; or S. 76(1)(f)(iii) amended by No. 52/1998 s. 170(2)(b). (iii) an order made by the Tribunal under section 31(1)(g)— arising from the motor car trader's trading in motor cars; or S. 76(1)(g) inserted by No. 4/2008 s. 24(7). (g) loss has been incurred from a failure of a motor car trader to comply with an agreement to refund the whole or part of a deposit or any other amount following termination of a contract for sale of a motor car; or S. 76(1)(h) inserted by No. 4/2008 s. 24(7). (h) loss has been incurred from a failure of a motor car trader to deliver a motor car after payment of the purchase price for the motor car. S. 76(1A) inserted by No. 8/2003 s. 70(2). (1A) The person making the claim must certify in the claim that the particulars contained in the claim are true and correct and that the person is aware that making a false or misleading statement is an offence under section 84A with a maximum penalty of 50 penalty units in the case of a natural person or, in the case of a body corporate, 100 penalty units. S. 76(1B) inserted by No. 8/2003 s. 70(2). (1B) The Committee may specify how any information supplied to it under this Part is to be verified and, without limiting the scope of this power, may require that the information be supplied in the form of, or be verified by, a statutory declaration. S. 76(2) substituted by No. 15/1987 s. 31(4)(b), amended by Nos 4/2008 s. 24(8), 74/2010 s. 37(Sch. item 3.3). (2) The Committee may allow a claim made by a special trader who is a financier for loss incurred from the failure of a licensed motor car trader to procure the cancellation of a security interest in a motor car that is registered on the Personal Property Securities Register established under Chapter 5 of the Personal Property Securities Act 2009 of the Commonwealth before the motor car trader acquired or took possession of the motor car. S. 76(3) inserted by No. 74/1996 s. 32(2), repealed by No. 4/2008 s. 24(9). S. 76(4) inserted by No. 74/1996 s. 32(2), amended by No. 4/2008 s. 24(10)(d)-(f). (4) If— S. 76(4)(a) amended by Nos 4/2008 s. 24(10)(a), 74/2010 s. 37(Sch. item 3.4), 70/2013 s. 3(Sch. 1 item 37). (a) a special trader who is a financier has registered a security interest in a motor car on the Personal Property Securities Register established under Chapter 5 of the Personal Property Securities Act 2009 of the Commonwealth; and (b) a person sells the car to a licensed motor car trader; and (c) the sale agreement requires the motor car trader to remit some or all of the purchase price to the special trader; and S. 76(4)(d) amended by No. 4/2008 s. 24(10)(b). (d) the motor car trader fails to remit the agreed amount to the special trader— S. 76(4)(e) repealed by No. 4/2008 s. 24(10)(c). the Committee must ensure that the total amount that it authorises to be paid in relation to any claims made in relation to the failure described in paragraph (d) does not exceed the lesser of either the agreed amount to the special trader or the amount prescribed for the purposes of section 77(4). S. 76(4A) inserted by No. 4/2008 s. 24(11). (4A) The following persons are not entitled to make a claim against the Fund— (a) a motor car trader; (b) a special trader (except as provided in subsection (2)); (c) a person who would be a motor car trader if the transactions engaged in by that person were not exempt transactions for the purposes of the definition of ***trading in motor cars***; (d) a public statutory authority; S. 76(4A)(e) substituted by No. 11/2010 s. 56. (e) a person who acts as an intermediary within the meaning of section 9 of the National Consumer Credit Protection Act 2009 of the Commonwealth. S. 76(4B) inserted by No. 4/2008 s. 24(11). (4B) In this section a reference to a person who sold a car to a motor car trader includes a reference to a person— (a) who purported to sell the car to a motor car trader; and (b) who has transferred possession of the motor car to that motor car trader; and S. 76(4B)(c) amended by No. 43/2012 s. 3(Sch. item 31). (c) who, immediately before that purported sale, was a person to whom the motor car was deemed under section 4 to have been leased or sold. S. 76(4C) inserted by No. 4/2008 s. 24(11). (4C) A reference in subsection (2) or (4) to a security interest does not include— (a) an inventory security interest; or (b) a security interest under an agreement entered into between the financier and a person who the financier knows is a partner or director of, or a person concerned in the management of, a partnership or body corporate that is a licensed motor car trader. S. 76(5) inserted by No. 74/1996 s. 32(2). (5) Subsections (1)(e) and (f) do not apply to any losses incurred before the date section 32 of the **Motor Car Traders (Amendment) Act 1996** came into operation. S. 76(6) inserted by No. 17/2007 s. 35. (6) In this section ***loss*** means actual pecuniary loss but does not include future loss or consequential loss. S. 76(7) inserted by No. 17/2007 s. 35. (7) The Committee may require an applicant to seek to recover a loss by other means of legal redress before allowing a claim.