168Matters for which claims may be made

168 Matters for which claims may be made

168 Matters for which claims may be made

(1) The following losses incurred by a person are losses for which the person may claim compensation under this Part—

(a) a loss because the repair work carried out on a motor vehicle by or on behalf of a motor vehicle repairer or by a tradesperson was not competently done,

(b) a loss incurred in connection with a motor vehicle because a motor dealer failed to comply with this Act or the regulations,

(c) a loss incurred in connection with a motor vehicle because of a breach by a motor dealer of a contract made by the person with the motor dealer, but only if the breach is of a kind prescribed by the regulations for the purposes of this section,

(d) a loss incurred in connection with a motor vehicle because the motor dealer failed to give to the person an unencumbered title to the motor vehicle,

(e) a loss incurred because of a failure to account by a motor dealer.

(2) The following losses incurred by a person are not losses for which the person may claim compensation under this Part—

(a) a loss for which compensation has been paid under this Part or for which the Secretary has previously given a certificate under this Part,

(b) a loss incurred by the person when acting in the capacity of a motor dealer, motor vehicle repairer, financier or motor vehicle recycler,

(c) a loss consisting of or arising from death or personal injury,

(d) a loss of or damage to property other than a motor vehicle,

(e) a loss of or damage to improvements made to a motor vehicle after the motor vehicle was purchased from the motor dealer concerned,

(f) a loss incurred by the claimant (including a statutory body representing the Crown) in connection with any repair work done by an employee of the claimant.

(3) The regulations may prescribe other losses for which a claim for compensation may, or may not, be made under this Part.