VICIn ForceAct
Motor Car Traders Act 1986
90Regulations
Start here
Get a plain-English read of 90
Turn the raw legal text into a practical explanation grounded in Motor Car Traders Act 1986.
90 Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) exempting any person or class of person from the operation of this Act and prescribing the extent of the exemption; and
(b) exempting any class or classes of sales from the operation of this Act and prescribing the extent of the exemption; and
(c) regulating the conduct of a motor car trader and servants or agents carrying on the business of trading in motor cars; and
S. 90(1)(d) substituted by No. 74/1996 s. 42(1)(a).
(d) regulating the form and content of any warranties or insurance policies given in respect of motor cars (other than the warranty imposed by section 54); and
S. 90(1)(e) amended by No. 74/1996 s. 42(1)(b)(i)(ii).
(e) prescribing the information, including any charges, to be disclosed in an advertisement for the sale by any person of a motor car; and
S. 90(1)(ea) inserted by No. 50/2014 s. 43.
(ea) prescribing the information to be given, including in an agreement for the sale of a motor car, by a motor car trader to the purchaser of a motor car, including—
(i) information about warranties or insurance policies; and
(ii) information about the purchaser's rights under this Act; and
(f) prescribing the notice to be displayed on motor cars not currently for sale in the possession of a motor car trader; and
S. 90(1)(g) repealed by No. 52/1998 s. 180(a), new s. 90(1)(g) inserted by No. 8/2003 s. 75(1).
(g) prescribing the documents, accounts and records to be kept by licensed motor car traders and the manner of keeping them and the period for which they must be kept; and
(h) prescribing the procedure of the Committee; and
S. 90(1)(i) amended by No. 74/1996 s. 42(1)(c).
(i) prescribing the form of licences, applications and notices to be used for the purposes of this Act; and
S. 90(1)(j) substituted by No. 52/1998 s. 180(b).
(j) prescribing fees payable—
(i) for or on the issue of certificates by the Authority;
(ii) for searches of the records kept by the Authority;
(iii) for licences, including application fees and annual fees;
(iv) for other applications to the Authority under this Act;
(v) for the issue of other documents under this Act;
(vi) for any other procedures required by this Act, other than procedures relating to the Tribunal;
S. 90(1)(k) substituted by No. 74/1996 s. 42(1)(d).
(k) prescribing, for the purposes of Division 2 of Part 5A—
(i) the offences under this Act or the regulations in respect of which an infringement notice may be issued; and
(ii) the penalties that apply if those offences are dealt with by an infringement notice; and
S. 90(1)(l) substituted by No. 74/1996 s. 42(1)(d).
(l) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary or expedient to be prescribed to give effect to this Act.
(2) Regulations under this Act—
(a) may be of general or specially limited application; and
(b) may differ according to difference in time, place or circumstances; and
S. 90(2)(c) amended by No. 8/2003 s. 75(2)(a).
(c) may impose a penalty not exceeding 10 penalty units for any contravention of these regulations; and
S. 90(2)(d) inserted by No. 8/2003 s. 75(2)(b).
(d) may prescribe fees that differ according to differences in circumstances.
S. 90(3) inserted by No. 74/1996 s. 42(2).
(3) Regulations made under subsection (1)(k)(ii) must not specify a penalty in respect of an offence by a person that is more than one-tenth of the maximum penalty the person would be liable for under the Act or the regulations for committing that offence for the first time.
Pt 7
(Heading and ss 91–117) amended by Nos 6/1989 ss 21–31, 74/1996 ss 43, 44–49, 51(d), 55(1)(d)(3), 46/1998 s. 7(Sch. 1), repealed by No. 52/1998 s. 181.