QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sch.1-sec.15Orders QCAT may make
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### sch.1-sec.15 Orders QCAT may make
In a proceeding under section 14 , QCAT may make only the following orders—
an order that the defect is or is not a defect covered by the statutory warranty;
an order extending the warranty period for the warranted vehicle to a specified date;
an order declaring the warranted vehicle is covered by the statutory warranty until a specified date;
an order requiring a party to the proceeding to pay a stated amount to a stated person;
an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant;
an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in the warranted vehicle;
an order requiring a party to the proceeding to return the warranted vehicle if it is in the party’s possession or control to a stated person;
an order combining 2 or more orders mentioned in paragraphs (a) to (g).
Without limiting subsection (1) (d) , QCAT may make an order that the warrantor pay to the buyer a stated amount QCAT decides is the reasonable cost of having a defect repaired if—
the warrantor has, by warranty advice or otherwise, refused to accept that the defect is covered by the statutory warranty; and
the buyer has had the defect repaired by another person; and
QCAT decides that the defect was one to which the statutory warranty applied.
However, QCAT can not make an order under subsection (1) that—
purports to require payment of an amount, performance of work or return of the warranted vehicle of a value of more than $100,000; or
purports to grant relief of a value of more than $100,000 from the payment of an amount; or
combines 2 or more orders mentioned in subsection (1) and purports to award or declare entitlements or benefits (or both) of a total value of more than $100,000.
Also, QCAT may make an order under subsection (1) (b) or (c) only if it is satisfied—
the vehicle was not able to be used by the buyer for a period during the warranty period; and
the period from which the order is to be effective to the date the warranty period is to end, and the period during which the vehicle was able to be used by the buyer, taken together, are not more than 3 months.
sch 1 s 15 ins 2019 No. 12 s 21
(sch.1-sec.15-ssec.1) In a proceeding under section 14 , QCAT may make only the following orders— an order that the defect is or is not a defect covered by the statutory warranty; an order extending the warranty period for the warranted vehicle to a specified date; an order declaring the warranted vehicle is covered by the statutory warranty until a specified date; an order requiring a party to the proceeding to pay a stated amount to a stated person; an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant; an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in the warranted vehicle; an order requiring a party to the proceeding to return the warranted vehicle if it is in the party’s possession or control to a stated person; an order combining 2 or more orders mentioned in paragraphs (a) to (g).
(sch.1-sec.15-ssec.2) Without limiting subsection (1) (d) , QCAT may make an order that the warrantor pay to the buyer a stated amount QCAT decides is the reasonable cost of having a defect repaired if— the warrantor has, by warranty advice or otherwise, refused to accept that the defect is covered by the statutory warranty; and the buyer has had the defect repaired by another person; and QCAT decides that the defect was one to which the statutory warranty applied.
(sch.1-sec.15-ssec.3) However, QCAT can not make an order under subsection (1) that— purports to require payment of an amount, performance of work or return of the warranted vehicle of a value of more than $100,000; or purports to grant relief of a value of more than $100,000 from the payment of an amount; or combines 2 or more orders mentioned in subsection (1) and purports to award or declare entitlements or benefits (or both) of a total value of more than $100,000.
(sch.1-sec.15-ssec.4) Also, QCAT may make an order under subsection (1) (b) or (c) only if it is satisfied— the vehicle was not able to be used by the buyer for a period during the warranty period; and the period from which the order is to be effective to the date the warranty period is to end, and the period during which the vehicle was able to be used by the buyer, taken together, are not more than 3 months.
- (a) an order that the defect is or is not a defect covered by the statutory warranty;
- (b) an order extending the warranty period for the warranted vehicle to a specified date;
- (c) an order declaring the warranted vehicle is covered by the statutory warranty until a specified date;
- (d) an order requiring a party to the proceeding to pay a stated amount to a stated person;
- (e) an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant;
- (f) an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in the warranted vehicle;
- (g) an order requiring a party to the proceeding to return the warranted vehicle if it is in the party’s possession or control to a stated person;
- (h) an order combining 2 or more orders mentioned in paragraphs (a) to (g).
- (a) the warrantor has, by warranty advice or otherwise, refused to accept that the defect is covered by the statutory warranty; and
- (b) the buyer has had the defect repaired by another person; and
- (c) QCAT decides that the defect was one to which the statutory warranty applied.
- (a) purports to require payment of an amount, performance of work or return of the warranted vehicle of a value of more than $100,000; or
- (b) purports to grant relief of a value of more than $100,000 from the payment of an amount; or
- (c) combines 2 or more orders mentioned in subsection (1) and purports to award or declare entitlements or benefits (or both) of a total value of more than $100,000.
- (a) the vehicle was not able to be used by the buyer for a period during the warranty period; and
- (b) the period from which the order is to be effective to the date the warranty period is to end, and the period during which the vehicle was able to be used by the buyer, taken together, are not more than 3 months.