What it does
The Motor Dealers and Repairers Act 2013 (the Act) establishes a comprehensive licensing, conduct and consumer redress regime for participants in the New South Wales motor vehicle supply chain. At its core, the Act prohibits unlicensed carrying on of business as a motor dealer (s 11), motor vehicle repairer (s 12) or motor vehicle recycler (s 13). Licences are granted by the Secretary (s 20) only after satisfaction of fit and proper person requirements (ss 25-27), qualifications (s 4), and premises notification obligations (s 20B). A tradesperson’s certificate is required for individuals performing prescribed repair work (s 16), with specialised authorities available for narrower classes (s 20A).
The Act imposes affirmative disclosure and documentary obligations. Before selling a second-hand motor vehicle, a dealer must attach a dealer’s notice (ss 63-64) containing prescribed particulars; new vehicles require a damage notice if the dealer knows or ought reasonably to know of non-superficial damage (s 65). Vehicles offered at auction with number-plates must display a current inspection report (s 57); non-auction sales require the report to be given to the purchaser (s 58). Odometer tampering is a serious offence (ss 52-53) carrying 500 penalty unit maxima, with reverse onus provisions and repairer notification duties (s 54). Online motor dealers receive dedicated treatment: inspection reports and notices may be published on the dealer’s website (s 66B), but the dealer must afford physical inspection opportunities both pre-contract and at delivery (s 66C) and must not demand more than the prescribed deposit percentage before possession (s 66D).
Consumer remedies are bifurcated. The dealer guarantee (s 68) requires the selling dealer, at its expense, to repair or make good any defective vehicle (defined by reference to Australian Consumer Law consumer guarantees – s 67) that manifests before the end of the applicable limitation period (s 69). Limitation periods are calculated by reference to both time and distance thresholds that vary according to whether the vehicle is new or second-hand, a motor cycle, or unregistrable (s 69(3)-(9)). The guarantee is enforceable as if it were a contractual term (s 71) but is excluded in defined circumstances, including bona fide auctions with appropriate notices, substantially dismantled vehicles sold to recyclers, or where a defect notice and inspection report are provided and the defect is disclosed (ss 72, 74). Repairers and dealers must use licensed repairers and certified tradespeople (ss 15-16).