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Motor Dealers and Chattel Auctioneers Act 2014
sec.76What a motor dealer licence authorises
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### sec.76 What a motor dealer licence authorises
A motor dealer licence authorises the holder of the licence ( motor dealer ) to perform the following activities in the carrying on of a business of motor dealing—
to acquire, primarily for resale, used motor vehicles;
to sell used motor vehicles;
to sell used motor vehicles on consignment as an agent for others for reward;
to sell a leased motor vehicle to the lessee under the terms of the lease;
to acquire used motor vehicles, whether or not as complete units, to break up for sale as parts;
to sell used motor vehicles mentioned in paragraph (e) as parts;
to negotiate, under a consultancy arrangement, for a person who is not a motor dealer or chattel auctioneer for the purchase or sale of a used motor vehicle for the person.
A motor dealer may perform the activities—
in the carrying on of a business, either alone or with others; or
as an employee of a motor dealer who carries on the business of motor dealing.
Despite subsection (1) , a motor dealer licence does not authorise the holder to sell a used motor vehicle by auction.
However, subsection (3) does not prevent a motor dealer selling a used motor vehicle by auction by employing a chattel auctioneer to sell the vehicle by auction for the motor dealer.
In this section—
business of motor dealing does not include the business of a financier.
consultancy arrangement , for the purchase or sale of a used motor vehicle, means an arrangement under which a person advises someone else—
where or from whom the other person can buy a used motor vehicle; or
where or to whom the other person can sell a used motor vehicle.
(sec.76-ssec.1) A motor dealer licence authorises the holder of the licence ( motor dealer ) to perform the following activities in the carrying on of a business of motor dealing— to acquire, primarily for resale, used motor vehicles; to sell used motor vehicles; to sell used motor vehicles on consignment as an agent for others for reward; to sell a leased motor vehicle to the lessee under the terms of the lease; to acquire used motor vehicles, whether or not as complete units, to break up for sale as parts; to sell used motor vehicles mentioned in paragraph (e) as parts; to negotiate, under a consultancy arrangement, for a person who is not a motor dealer or chattel auctioneer for the purchase or sale of a used motor vehicle for the person.
(sec.76-ssec.2) A motor dealer may perform the activities— in the carrying on of a business, either alone or with others; or as an employee of a motor dealer who carries on the business of motor dealing.
(sec.76-ssec.3) Despite subsection (1) , a motor dealer licence does not authorise the holder to sell a used motor vehicle by auction.
(sec.76-ssec.4) However, subsection (3) does not prevent a motor dealer selling a used motor vehicle by auction by employing a chattel auctioneer to sell the vehicle by auction for the motor dealer.
(sec.76-ssec.5) In this section— business of motor dealing does not include the business of a financier. consultancy arrangement , for the purchase or sale of a used motor vehicle, means an arrangement under which a person advises someone else— where or from whom the other person can buy a used motor vehicle; or where or to whom the other person can sell a used motor vehicle.
- (a) to acquire, primarily for resale, used motor vehicles;
- (b) to sell used motor vehicles;
- (c) to sell used motor vehicles on consignment as an agent for others for reward;
- (d) to sell a leased motor vehicle to the lessee under the terms of the lease;
- (e) to acquire used motor vehicles, whether or not as complete units, to break up for sale as parts;
- (f) to sell used motor vehicles mentioned in paragraph (e) as parts;
- (g) to negotiate, under a consultancy arrangement, for a person who is not a motor dealer or chattel auctioneer for the purchase or sale of a used motor vehicle for the person.
- (a) in the carrying on of a business, either alone or with others; or
- (b) as an employee of a motor dealer who carries on the business of motor dealing.
- (a) where or from whom the other person can buy a used motor vehicle; or
- (b) where or to whom the other person can sell a used motor vehicle.