This regulation sets the operational rules for motor dealers, motor vehicle repairers and recyclers in New South Wales. It prescribes licence conditions, fees and Compensation Fund contributions, detailed record‑keeping and marking rules, advertising and consignment requirements, cooling‑off and deposit limits for online sales, exemptions, and penalty notice offences.
Licence holders pay the listed fees and contributions; the Secretary has powers to grant exemptions and waive or refund fees. The instrument requires specific entries, retention periods and software/hardcopy standards that change administrative and compliance burdens for businesses.
Mechanically, the Motor Dealers and Repairers Regulation 2025 (the regulation) comes into force on 1 September 2025 and replaces the 2014 regulation (Commencement, s 2 and note). It supplies detailed operational rules, fees and administrative requirements that give effect to and expand on obligations in the Motor Dealers and Repairers Act 2013 (the Act). Key mechanical changes and prescriptions in the regulation include:
Definitions and scope: the regulation defines terms used in the Act context (see s 3 and Schedule 3, s 1), prescribes who counts as a financier for Act purposes (s 4), and lists the parts that qualify a business as a motor vehicle recycler (s 5 and Schedule 3, s 1). These definitions determine the reach of licensing, records and marking requirements throughout the instrument.
Licence conditions and limitations: it adds or clarifies conditions on licences, including a condition for online motor dealers that they must have notified premises in NSW and that their website URL ends with “.au” (s 6). It also makes it an express licence condition that licences (except tradesperson certificates) must not be transferred or lent and must not be used by others (s 7).
Fees and the fee unit: the regulation sets the schedule of fees (Schedule 1, Part 1) and prescribes how each fee is calculated by combining a fixed component and a processing component (s 8). It also prescribes the fee unit for 2025-26 ($126.59) and a formula for CPI-indexation in later years (Schedule 1, Part 2, cl 1).
Compensation Fund contributions: the amounts payable by motor dealers and repairers for the Compensation Fund are prescribed by period (s 9), and the regulation exempts dealers who deal only on a wholesale basis from the contribution while imposing a licence condition to restrict them to wholesale dealing if they do not pay (s 10).
Current sections
Direct links to the current provisions in Motor Dealers and Repairers Regulation 2025.
Australian driver licence—see Schedule 3, section 1.
battery electric vehicle means a motor vehicle that—
(a) uses only an electric motor for propulsion, and
(b) is not fitted with—
(i) a fuel cell, or
(ii) an internal combustion engine.
consignor has the same meaning as in the Act, Part 4, Division 6.
entry number, for a motor vehicle or specified part, means the number required under Schedule 3 to be included in a record relating to the vehicle or part.
fee unit, for Schedule 1—see Schedule 1, section 1.
hybrid vehicle means a motor vehicle that—
(a) uses an electric motor for propulsion, and
(b) is fitted with an internal combustion engine for—
(i) the generation of electrical energy, or
(ii) the propulsion of the vehicle.
Examples—
a hybrid electric vehicle or plug-in hybrid electric vehicle
ineligible person, for Part 3—see section 18.
licence number has the same meaning as in the Act, section 19A.
vehicle identification number or VIN has the same meaning as vehicle identifier has in the Road Transport Act 2013, section 82.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4
Definition of “financier”
4 Definition of “financier”
4 Definition of “financier”
For the Act, section 4(1), definition of financier, paragraph (c), the purpose of holding and enforcing security interests in motor vehicles as a secured creditor is prescribed.
5
Definition of “motor vehicle recycler”
5 Definition of “motor vehicle recycler”
5 Definition of “motor vehicle recycler”
For the Act, section 4(1), definition of motor vehicle recycler, paragraph (b), the following parts or accessories of motor vehicles are prescribed—
(a) airbags and air curtains (side-impact airbags),
(b) batteries for battery electric vehicles,
(c) bonnets and boot lids,
(d) bumper bars,
(e) catalytic converters,
(f) chassis,
(g) diesel particulate filters,
(h) doors, including hatchback doors,
(i) electronic and multimedia equipment,
(j) electronic keys, fobs and ignitions,
(k) engines, engine blocks and electric drive motors,
(l) final drives,
(m) gearboxes and transmissions,
(n) mudguards,
(o) headlights,
(p) instrument clusters and dashboards,
(q) major body sections,
(r) seats,
(s) vehicle infotainment systems, including computers and software,
(t) wheels.
Part 2
Licences
Part 2 Licences
Part 2 Licences
Division 1
General
Division 1 General
Division 1 General
6
Condition on online motor dealers’ licences—the Act, s 32
6 Condition on online motor dealers’ licences—the Act, s 32
6 Condition on online motor dealers’ licences—the Act, s 32
(1) This section applies to the motor dealer’s licence of an online motor dealer.
(2) The licence is subject to the condition that the dealer must not carry on the business of dealing in motor vehicles as an online motor dealer unless—
(a) the dealer has notified premises in New South Wales, and
(b) the URL of the online motor dealer’s website ends with “.au”.
7
Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
7 Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
7 Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
A licence, other than a tradesperson’s certificate, is subject to the condition that the licence holder must not—
(a) attempt to transfer or lend the licence to another person, or
(b) allow the use of the licence by another person.
8
Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
8 Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
8 Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
(1) The fees payable for the Act are listed in Schedule 1, Part 1, Column 1.
(2) The amount of each fee must be calculated by adding together the various components set out in Schedule 1, Part 1, Columns 2 and 3 in relation to the fee.
(3) An amount specified in relation to an application fee in Schedule 1, Part 1, Column 3 under the heading Processing component in fee units is taken to be a fee to cover the costs incurred by the Secretary in processing the application.
Note—
This amount is consequently a processing fee for the Licensing and Registration (Uniform Procedures) Act 2002, Part 2. If an application is made by electronic communication, the processing fee is discounted—see that Act, section 13. If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee—see that Act, sections 16 and 22.
9
Compensation Fund contributions—the Act, s 165A(2)
9 Compensation Fund contributions—the Act, s 165A(2)
9 Compensation Fund contributions—the Act, s 165A(2)
(1) The contribution required to be paid by the holder of a motor dealer’s licence for each of the licence holder’s notified premises is—
(a) an initial payment of—
(i) for a payment covering 1 year—9.48 fee units, or
(ii) for a payment covering 3 years—12.24 fee units, or
(iii) for a payment covering 5 years—20.40 fee units, or
(iv) for a payment covering any other period—9.48 fee units multiplied by the number of days for which the licence is to have effect and divided by 365, and
(b) for any subsequent period in which the licence is in force—a payment of—
(i) for a payment covering 1 year—1.39 fee units, or
(ii) for a payment covering 3 years—4.17 fee units, or
(iii) for a payment covering 5 years—6.95 fee units, or
(iv) for a payment covering any other period—1.39 fee units multiplied by the number of days for which the licence is to have effect and divided by 365.
(2) The contribution required to be paid by the holder of a motor vehicle repairer’s licence for each of the licence holder’s notified premises is—
(a) an initial payment of—
(i) for a payment covering 1 year—2.79 fee units, or
(ii) for a payment covering 3 years—3.69 fee units, or
(iii) for a payment covering 5 years—5.49 fee units, or
(iv) for a payment covering any other period—2.79 fee units multiplied by the number of days for which the licence is to have effect and divided by 365, and
(b) for any subsequent period in which the licence is in force—a payment of—
(i) for a payment covering 1 year—0.45 fee units, or
(ii) for a payment covering 3 years—1.35 fee units, or
(iii) for a payment covering 5 years—2.25 fee units, or
(iv) for a payment covering any other period—0.45 fee units multiplied by the number of days for which the licence is to have effect and divided by 365.
10
Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
10 Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
10 Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
(1) The Compensation Fund contribution set out in section 9 is not payable if the person carries on the business of dealing in motor vehicles on a wholesale basis only.
(2) The licence of a person who does not pay the contribution is subject to the condition that the person must not carry on the business of dealing in motor vehicles other than on a wholesale basis.
(3) If a licence is subject to a condition under this section, the licence holder may pay the contribution for specified notified premises and, on doing so, the condition ceases to apply in relation to the specified notified premises.
(4) For subsection (3), the amount of the contribution required to be paid for notified premises is—
(a) in relation to a 1-year licence—the amount specified in section 9(1)(a)(i), or
(b) in relation to a 3-year licence—
(i) if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence—the amount specified in section 9(1)(a)(ii), or
(ii) if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence—two-thirds of the amount specified in section 9(1)(a)(ii), or
(iii) if the payment is made more than 2 years after the grant, renewal or restoration of the licence—one-third of the amount specified in section 9(1)(a)(ii), or
(c) in relation to a 5-year licence—
(i) if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence—the amount specified in section 9(1)(a)(iii), or
(ii) if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence—four-fifths of the amount specified in section 9(1)(a)(iii), or
(iii) if the payment is made more than 2 years but not more than 3 years after the grant, renewal or restoration of the licence—three-fifths of the amount specified in section 9(1)(a)(iii), or
(iv) if the payment is made more than 3 years but not more than 4 years after the grant, renewal or restoration of the licence—two-fifths of the amount specified in section 9(1)(a)(iii), or
(v) if the payment is made more than 4 years after the grant, renewal or restoration of the licence—one-fifth of the amount specified in section 9(1)(a)(iii).
11
Partial refund of application fees for certain licences—the Act, s 186(2)(d)
11 Partial refund of application fees for certain licences—the Act, s 186(2)(d)
11 Partial refund of application fees for certain licences—the Act, s 186(2)(d)
(1) This section applies to an application fee—
(a) for a 3-year licence or 5-year licence, and
(b) paid by or for a person who—
(i) has surrendered the licence granted under the Act, or
(ii) if the person is an individual—has died.
(2) A person may apply to the Secretary for a refund of the application fee if the person—
(a) paid the application fee, or
(b) is applying for the person who paid the application fee, or
(c) is the legal representative of a deceased individual who paid the application fee.
(3) A person may not make an application for a refund if the licence was cancelled or suspended as a result of disciplinary action.
(4) An applicant is entitled to a refund of—
(a) for a 3-year licence—one-third of the application fee paid, other than the processing component, for each complete year remaining of the licence term, or
(b) for a 5-year licence—one-fifth of the application fee paid, other than the processing component, for each complete year remaining of the licence term.
(5) In this section—
application fee means an application fee for the grant, renewal or restoration of a licence.
processing component, of an application fee, means the amount set out in Schedule 1, Part 1, Column 3 in relation to the fee.
12
Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
12 Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
12 Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
The Secretary may waive, reduce, postpone or refund, in whole or in part, a fee payable or paid under the Act or this regulation if the Secretary is satisfied it is appropriate because—
(a) the person who must pay or has paid the fee is suffering financial hardship, or
(b) special circumstances exist.
Example of special circumstances—
circumstances involving a natural disaster or recovery from a natural disaster
13
Modification of Licensing Act—the Act, s 21(1) and (4)
13 Modification of Licensing Act—the Act, s 21(1) and (4)
13 Modification of Licensing Act—the Act, s 21(1) and (4)
The Licensing Act, Part 2, as it applies to a licence under the Act, is modified as follows—
(a) the part does not authorise an application for a licence under the Act to be made by a partnership,
(b) the Licensing Act, section 20(3)(b)(v) does not require a licence to include the date on which the licence comes into force.
14
Register of licences
14 Register of licences
14 Register of licences
For the Act, section 177(3), the following particulars of a licence must be included in the register of licences—
(a) the name of the licence holder,
(b) the licence number of the licence holder,
(c) the licence holder’s notified premises,
(d) the type of licence,
(e) the date of expiry of the licence,
(f) the current status of the licence,
(g) the conditions to which the licence is subject, other than conditions imposed by the Act or this regulation,
(h) if the licence holder is a corporation—the names of the directors of the corporation,
(i) disciplinary action taken against the licence holder under the Act or this regulation,
(j) the number of penalty notices issued to the licence holder in relation to offences against the Act or this regulation,
(k) if the licence holder has been found guilty of an offence under the Act or this regulation—the date of the offence,
(l) whether an administrator of the affairs and property of the licence holder has been appointed under the Act, Part 5, Division 5,
(m) the number of claims made against the Compensation Fund arising from the conduct of the licence holder that have been allowed by the Secretary.
15
Register of Undertakings—the Act, s 107(2)
15 Register of Undertakings—the Act, s 107(2)
15 Register of Undertakings—the Act, s 107(2)
The following particulars are prescribed in relation to deeds under which a licence holder gives an undertaking under the Act, Part 5, Division 1—
(a) the licence holder’s name and licence number,
(b) the address of each place of business at which the licence holder may carry on business under the licence,
(c) the date on which the undertaking was given by the licence holder,
(d) brief particulars of the circumstances or unjust conduct that led to the giving of the deed,
(e) a summary of the undertakings given in the deed.
Division 2
Tradespersons’ certificates
Division 2 Tradespersons’ certificates
Division 2 Tradespersons’ certificates
16
Classes of repair work
16 Classes of repair work
16 Classes of repair work
For the Act, section 6(2), the classes of work described in the following table are prescribed as repair work—
| Name of class of work | Description of class of work |
| Automotive electrician | Installing or repairing the following in motor vehicles—(a) electrical equipment, systems or circuits,(b) air conditioning systems |
| Body maker | The following—(a) making motor vehicle bodies, other than during the manufacturing of new motor vehicles,(b) repairing motor vehicle bodies |
| Compressed natural gas mechanic | Installing or repairing compressed natural gas equipment in motor vehicles |
| Electrical accessory fitting work | Installing electrical accessories in, or removing electrical accessories from, motor vehicles other than battery electric vehicles or hybrid vehicles |
| Exhaust repair work | Fabricating, modifying, servicing or repairing the exhaust systems of motor vehicles, but not including work on the chassis of motor vehicles |
| Glazing work | The following—(a) installing windscreens or other glass in, or removing windscreens or other glass from, the bodies of motor vehicles,(b) repairing windscreens or other glass in the bodies of motor vehicles |
| Liquefied natural gas mechanic | Installing or repairing liquefied natural gas equipment in motor vehicles |
| Liquefied petroleum gas mechanic | Installing or repairing liquefied petroleum gas equipment in motor vehicles |
| Motorcycle mechanic | The following—(a) repairing the following—(i) the engines or transmissions of motorcycles,(ii) the fuel, induction, exhaust, electrical, steering, suspension, cooling or braking systems of motorcycles,(b) removing or replacing the wheels or tyres of motorcycles |
| Motor mechanic | Repairing the following in motor vehicles—(a) engines or transmissions,(b) fuel, induction, exhaust, electrical, steering, suspension, cooling, air conditioning or braking systems |
| Panelbeater | Repairing the structural components, frames or panels of motor vehicles |
| Radiator repair work | Repairing the radiators, heating equipment, thermostats or fuel tanks of motor vehicles other than battery electric vehicles or hybrid vehicles |
| Steering, suspension and wheel alignment work | The following work in relation to motor vehicles other than battery electric vehicles or hybrid vehicles—(a) servicing or repairing the steering or suspension systems,(b) aligning the wheels |
| Transmission specialist | Repairing the gears, clutches, drive shafts or differentials of motor vehicles |
| Underbody work | Repairing the underbody systems of motor vehicles, including brake equipment or systems, exhaust systems or steering or suspension systems, but not including mechanical systems or electrical equipment, systems or circuits |
| Vehicle painter | Painting motor vehicles |
17
Certain work not repair work
17 Certain work not repair work
17 Certain work not repair work
For the Act, section 6(2), the following work is not repair work—
(a) work carried out on a trailer or towable recreation vehicle, other than on the underbody of the trailer or vehicle,
(b) work carried out on a recreational motor vehicle with a living space, living facilities or both, other than work in the following classes of repair work—
(i) motor mechanic,
(ii) underbody work,
(c) the replacement or installation of an accessory that does not alter the performance, handling or safety of the motor vehicle, if the accessory was replaced or installed for one or more of the following purposes—
(i) cosmetic customisation of the vehicle,
(ii) to provide different entertainment options,
(iii) to inform the driver of vehicle functions or performance,
(iv) to assist the driver in navigation or communication,
(v) to equip the vehicle for occupational tasks,
(d) minor works or repairs that do not affect the mechanical operation of the motor vehicle, the structure of the vehicle or vehicle safety features such as impact sensors and airbags, including the following—
(i) the installation or replacement of a battery in a motor vehicle,
(ii) the removal or replacement of wheels, but not including—
(A) the replacement of tyres, or
(B) wheel alignment, or
(C) work requiring the disassembly of braking or suspension systems, or
(D) the removal or replacement of wheels or tyres on motorcycles,
(iii) the repair and restoration of headlights,
(iv) the repair of chips and minor scratches, including filling and repainting,
(v) the repair of dents, if the repairs use techniques that do not involve cracking or damaging the existing paintwork,
(vi) the removal of parts of a vehicle in preparation for repair work or for the assessment of damage to the vehicle,
(e) emergency breakdown repairs carried out by an organisation that provides roadside assistance services to motorists, if the work is carried out by an employee or contractor of the organisation,
advertisement means one or more of the following in any form, including a website, that gives publicity for, or otherwise promotes or is intended to promote, a business—
(a) writing,
(b) a still or moving picture, sign, symbol or other image,
(c) an audio message.
ineligible person has the same meaning as in section 30.
19
Licence holders must display signs—the Act, s 186(2)(e)
19 Licence holders must display signs—the Act, s 186(2)(e)
19 Licence holders must display signs—the Act, s 186(2)(e)
(1) This section applies to a holder of a—
(a) motor dealer’s licence, or
(b) motor vehicle repairer’s licence, or
(c) motor vehicle recycler’s licence.
(2) The licence holder must display the licence holder’s relevant details—
(a) if the licence holder carries on business from a vehicle—on the outside of the vehicle, or
(b) for other notified premises—on a sign that is readily visible to a person approaching the notified premises.
Maximum penalty—20 penalty units.
(3) In this section—
relevant details, of a licence holder, means—
(a) the licence holder’s name, and
(b) the words “licence number” or “Lic. No.”, or a similar abbreviation, followed by the licence holder’s licence number.
20
Advertising of charges—the Act, s 186(2)(h)
20 Advertising of charges—the Act, s 186(2)(h)
20 Advertising of charges—the Act, s 186(2)(h)
(1) If dealer’s charges or statutory charges are payable in relation to a motor vehicle, a motor dealer must not publish an advertisement specifying an amount as the purchase price of the motor vehicle unless the advertisement also specifies—
(a) the additional amount payable for dealer’s charges, and
(b) that an additional amount will be payable for statutory charges.
Maximum penalty—20 penalty units.
(2) Subsection (1) does not apply to the advertisement of a second-hand motor vehicle.
(3) Subsection (1)(a) does not apply to—
(a) an advertisement published by the holder of a motor dealer’s licence who only deals in motor vehicles on a wholesale basis, or
(b) a group advertisement that refers specifically or generally to more than one dealer.
(4) For subsection (1)(b)—
(a) the additional amount payable for statutory charges does not need to be specified in the advertisement, and
(b) the additional amount must be described as “statutory charges” or “government charges”, and
(c) the additional amount must not be described—
(i) as “on-road costs”, or
(ii) by using another similar expression.
(5) In this section—
dealer’s charges, in relation to a motor vehicle advertised for sale by a motor dealer, means an amount that is payable to the dealer by a purchaser before or on the vehicle’s delivery by the dealer, other than—
(a) the amount of the purchase price of the vehicle, or
(b) statutory charges relating to the vehicle.
statutory charges, in relation to a motor vehicle, means—
(a) a tax or fee payable on registration, or renewal of registration, of the vehicle, or
(b) a duty charged on the certificate of registration of the vehicle, or
(c) a premium payable for a policy of insurance issued, or considered to have been issued, under the Motor Accident Injuries Act 2017 for the vehicle.
21
Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)
21 Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)
21 Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)
(1) A motor dealer who advertises for sale a damaged motor vehicle referred to in the Act, section 65 must state in the advertisement—
(a) that the vehicle has been damaged, and
(b) whether or not the damage has been repaired.
Maximum penalty—20 penalty units.
(2) A motor dealer who advertises for sale a motor vehicle the subject of a defect notice referred to in the Act, section 74 must include in the advertisement—
(a) the words “DEFECTIVE VEHICLE—REPAIR COST $”, and
(b) the repair cost, being the amount estimated in the defect notice as the reasonable cost of repairing the defects specified in the notice.
Maximum penalty—20 penalty units.
(3) A motor dealer must not publish an advertisement offering for sale a motor vehicle the subject of a dealer guarantee if the vehicle has a defect that—
(a) the dealer must repair or make good under the dealer guarantee, and
(b) the dealer knew or ought to have known of when the dealer published the advertisement.
Maximum penalty—20 penalty units.
(4) Subsection (3) does not apply to an advertisement if the advertisement states that the motor vehicle has the defect.
(5) Information required by this section to appear in an advertisement in relation to a motor vehicle must, unless the advertisement only comprises an audio message, appear in writing of a size that is clearly legible to a person who sees the advertisement.
22
Representations about availability of motor vehicle or finance—the Act, s 186(2)(e)
22 Representations about availability of motor vehicle or finance—the Act, s 186(2)(e)
22 Representations about availability of motor vehicle or finance—the Act, s 186(2)(e)
A motor dealer must not represent—
(a) that a motor vehicle is for sale knowing the vehicle is not for sale, or
(b) that the purchase of a motor vehicle may be financed in a way the dealer knows to be unlawful or unavailable.
Maximum penalty—20 penalty units.
23
Odometer readings—the Act, s 186(2)(e) and (h)
23 Odometer readings—the Act, s 186(2)(e) and (h)
23 Odometer readings—the Act, s 186(2)(e) and (h)
If a motor dealer knows, or suspects on reasonable grounds, that the reading on the odometer of a motor vehicle is a false representation of the distance travelled by the vehicle, the motor dealer must not—
(a) publish an advertisement specifying the reading on the odometer of the vehicle, or
(b) specify the reading on the odometer of the vehicle during negotiations for the sale of the vehicle.
Maximum penalty—20 penalty units.
24
Certain advertisements must identify vehicle—the Act, s 186(2)(h)
24 Certain advertisements must identify vehicle—the Act, s 186(2)(h)
24 Certain advertisements must identify vehicle—the Act, s 186(2)(h)
A motor dealer must not publish an advertisement that refers to a specific motor vehicle, or specifies the price at which a specific second-hand motor vehicle may be purchased, unless the advertisement includes—
(a) the registration number of the vehicle, or
(b) if the vehicle is not registered—the stock or entry number of the vehicle.
Maximum penalty—20 penalty units.
25
Examination of motor vehicle—the Act, s 186(2)(e)
25 Examination of motor vehicle—the Act, s 186(2)(e)
25 Examination of motor vehicle—the Act, s 186(2)(e)
A motor dealer who offers a motor vehicle for sale must facilitate a reasonable examination of the vehicle by, or for, a prospective purchaser of the vehicle.
Maximum penalty—20 penalty units.
26
Protection of third-party interests—the Act, s 186(2)(e)
26 Protection of third-party interests—the Act, s 186(2)(e)
26 Protection of third-party interests—the Act, s 186(2)(e)
(1) This section applies to a motor dealer who agrees to—
(a) act as an agent for the sale of a second-hand motor vehicle, or
(b) accept a motor vehicle as a trade-in.
(2) The motor dealer must, before the sale or trade-in is completed, use reasonable diligence to—
(a) establish whether the vehicle is subject to a lease, hire-purchase agreement or mortgage, and
(b) if so, notify the relevant lessor, owner or mortgagee of the proposed sale or trade-in.
Maximum penalty—20 penalty units.
(3) In this section—
mortgage has the same meaning as in the National Credit Code.
27
Certain parts must be marked by motor vehicle recyclers and motor vehicle repairers—the Act, ss 99(1) and 186(2)(e)
27 Certain parts must be marked by motor vehicle recyclers and motor vehicle repairers—the Act, ss 99(1) and 186(2)(e)
27 Certain parts must be marked by motor vehicle recyclers and motor vehicle repairers—the Act, ss 99(1) and 186(2)(e)
(1) This section applies to the following—
(a) a motor vehicle repairer who buys or receives a specified part for the purposes of carrying on business as a motor vehicle repairer,
(b) a motor vehicle recycler in relation to the Act, section 99(1).
(2) For the Act, section 99(1), specified parts are prescribed.
(3) A person to whom this section applies must mark a specified part with the entry number of the specified part by—
(a) copying the number onto the part using an indelible marking substance, or
(b) if paragraph (a) is impracticable—attaching a durable label or tag bearing the number to the part.
Maximum penalty for subsection (3)—20 penalty units.
28
Receipts for engines disposed of by motor vehicle repairers and motor vehicle recyclers—the Act, s 186(2)(e)
28 Receipts for engines disposed of by motor vehicle repairers and motor vehicle recyclers—the Act, s 186(2)(e)
28 Receipts for engines disposed of by motor vehicle repairers and motor vehicle recyclers—the Act, s 186(2)(e)
(1) A motor vehicle repairer or motor vehicle recycler who disposes of a motor vehicle engine to a person must give the person a receipt that includes the following information—
(a) the date of disposal,
(b) a description of the engine,
(c) the entry number for the engine,
(d) the person’s name and address.
Maximum penalty—20 penalty units.
(2) The motor vehicle repairer or motor vehicle recycler must also—
(a) keep a copy of the receipt for at least 6 years after the date on which the motor vehicle engine was disposed of, and
(b) if required to do so by an authorised officer before the end of the period referred to in paragraph (a)—give a copy of the receipt to the officer.
Maximum penalty—20 penalty units.
29
Receipts for parts disposed of by motor vehicle recyclers—the Act, s 186(2)(e)
29 Receipts for parts disposed of by motor vehicle recyclers—the Act, s 186(2)(e)
29 Receipts for parts disposed of by motor vehicle recyclers—the Act, s 186(2)(e)
(1) A motor vehicle recycler who disposes of a specified part to a person must give the person a receipt that includes the following information—
(a) the motor vehicle recycler’s licence number,
(b) the date of disposal,
(c) a description of the part,
(d) the vehicle identification number of the vehicle from which the part originated,
(e) the person’s name and address.
Maximum penalty—20 penalty units.
(2) This section does not apply to a motor vehicle engine.
30
Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)
30 Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)
30 Certain persons must not be employed as managers—the Act, s 186(2)(f) and (2A)
(1) A licence holder must not employ or continue to employ a person as a manager of the licence holder’s notified premises if the licence holder is notified by the Secretary, or if the licence holder is aware or ought reasonably to be aware, that—
(a) within the last 10 years—
(i) a licence held by the person has been cancelled, or
(ii) the person has been convicted of, or has served part or all of a term of imprisonment for, an offence in New South Wales or elsewhere involving fraud or dishonesty, or
(iii) the person, or a body corporate of which the person was a director or officer, has been refused a licence on a ground relating to—
(A) the person’s honesty, or
(B) the person’s status as a fit and proper person to be a licence holder, or
(b) the person is subject to a community correction order or conditional release order in relation to an offence involving fraud or dishonesty, or
(c) the person is subject to a good behaviour bond in another State or Territory in relation to an offence involving fraud or dishonesty, or
(d) proceedings have been commenced against the person in New South Wales or elsewhere in relation to an offence involving fraud or dishonesty, or
(e) the person is the holder of a suspended licence, or
(f) the person is disqualified from holding a licence or being involved in the direction, management or conduct of a business for which a licence is required.
Maximum penalty—20 penalty units.
(2) It is not an offence for a licence holder to employ or continue to employ an ineligible person if—
(a) the Secretary exempts the licence holder under section 31, and
(b) any conditions of the exemption are complied with.
(3) It is not an offence for a licence holder to continue to employ an ineligible person if an application for an exemption has been made to the Secretary but not determined.
(4) The Secretary may, by written notice given to the applicant for an exemption, direct that subsection (3) does not apply to the ineligible person to whom the application relates.
(5) In this section—
ineligible person means a person referred to in subsection (1)(a)–(e).
31
Applications for exemptions for ineligible persons—the Act, s 186(2)(f) and (2A)
31 Applications for exemptions for ineligible persons—the Act, s 186(2)(f) and (2A)
31 Applications for exemptions for ineligible persons—the Act, s 186(2)(f) and (2A)
(1) An application by a licence holder for an exemption from section 30 to employ or continue to employ an ineligible person must be made no later than the first business day following the day on which the licence holder—
(a) is notified by the Secretary that the person is an ineligible person, or
(b) ought reasonably to have become aware that the person is an ineligible person.
(2) After receiving the application, the Secretary may—
(a) grant the exemption, either conditionally or unconditionally, or
(b) refuse the exemption.
(3) If the Secretary refuses to grant the exemption, the Secretary must give notice of the refusal to—
(a) the applicant, and
(b) the ineligible person to whom the application relates.
Part 4
Records—the Act, s 100(3)
Part 4 Records—the Act, s 100(3)
Part 4 Records—the Act, s 100(3)
32
Records must be kept about motor vehicles and specified parts
32 Records must be kept about motor vehicles and specified parts
32 Records must be kept about motor vehicles and specified parts
(1) The holder of a motor dealer’s licence, motor vehicle repairer’s licence or motor vehicle recycler’s licence must keep records about motor vehicles and specified parts as set out in Schedule 3.
(2) The records must be kept in accordance with this part.
33
Form of records
33 Form of records
33 Form of records
(1) A record required to be kept by a licence holder under this part—
(a) may be kept—
(i) in hard copy, or
(ii) in electronic form, and
(b) must be stored at the licence holder’s notified premises.
(2) If the licence holder operates from multiple notified premises, the records for each of the notified premises must be accessible at the notified premises to which the records relate.
(3) Subsection (1)(b) does not apply to a motor vehicle repairer if the repairer carries on the business of a motor vehicle repairer solely from a motor vehicle.
(4) An invoice, receipt or other document issued to a licence holder in connection with the holder’s acquisition of a motor vehicle or specified part must be kept with the record relating to the vehicle or part.
34
Hard copy records
34 Hard copy records
34 Hard copy records
(1) A record kept in hard copy must be—
(a) stored with related records, and
(b) named and categorised in an orderly way.
(2) The record must—
(a) be legible, and
(b) be on white paper of a size not less than standard A4, and
(c) contain no erasures or tears, and
(d) not be defaced or otherwise mutilated.
(3) This section does not prohibit matter in the record from being altered by deleting particulars in a way that leaves the deleted particulars decipherable.
Example—
by drawing a line through the deleted particulars
35
Electronic records
35 Electronic records
35 Electronic records
(1) A record kept in electronic form must be kept in a way that ensures—
(a) the information in the record—
(i) is capable of being displayed or provided on demand and in an accessible format at each of the notified premises of the licence holder, and
(ii) includes the date on which the record was made, and
(b) if information in the record is amended or deleted—a record is kept of—
(i) the information before it was amended or deleted, and
(ii) the date on which the information was amended or deleted.
(2) A backup copy of all records kept in electronic form must be made at least once every 4 weeks.
36
Entry numbers
36 Entry numbers
36 Entry numbers
A licence holder required to keep a record must ensure that the entry number of a motor vehicle or specified part—
(a) is assigned sequentially in a way that enables the completeness of the licence holder’s records to be verified, and
(b) is not used by the licence holder for more than one vehicle or part.
37
Abbreviations in records
37 Abbreviations in records
37 Abbreviations in records
The following abbreviations are the only abbreviations that may be used in a record to describe the following parts—
(a) “AB” for airbag,
(b) “ACU” for air curtain,
(c) “BL” for boot lid,
(d) “BON” for bonnet,
(e) “BUF” for front bumper bar and “BUR” for rear bumper bar,
(f) “CC” for catalytic converter,
(g) “CH” for chassis,
(h) “DLF” for left front door, “DLR” for left rear door, “DRF” for right front door, “DRR” for right rear door and “HD” for hatchback door,
(i) “DPF” for diesel particulate filter,
(j) “E” for engine,
(k) “EB” for engine block,
(l) “EDM” for electric drive motor,
(m) “EK/F/I” for electronic key, fob or ignition,
(n) “EME” for electronic and multimedia equipment,
(o) “EVB” for battery for battery electric vehicle,
(p) “FD” for final drive,
(q) “GL” for left front mudguard and “GR” for right front mudguard,
(r) “HL” for headlight,
(s) “IC/D” for instrument cluster or dashboard,
(t) “IN” for vehicle infotainment system, including computers and software,
(u) “MBS” for major body section,
(v) “MW” for alloy mag wheels,
(w) “SE” for seat,
(x) “T/G” for transmission or gearbox,
(y) “WH” for wheels.
38
Completion of records
38 Completion of records
38 Completion of records
A licence holder required to keep a record must ensure—
(a) all information that must be entered in the record in relation to a transaction or event is entered within 1 business day after the transaction or event occurs, and
(b) no information is entered in the record otherwise than by a person authorised by the licence holder.
Maximum penalty—20 penalty units.
39
Retention of records and other documents
39 Retention of records and other documents
39 Retention of records and other documents
A licence holder must keep a record, and any document required to be kept with the record, for at least 6 years after the date on which the last entry was made in the record.
Maximum penalty—20 penalty units.
Part 5
Motor dealers’ notices—the Act, s 62(1)(c) and (4)
Part 5 Motor dealers’ notices—the Act, s 62(1)(c) and (4)
Part 5 Motor dealers’ notices—the Act, s 62(1)(c) and (4)
Note—
For online motor dealers, see the Act, section 66B.
40
Notices generally
40 Notices generally
40 Notices generally
A dealer’s notice required under the Act must be produced—
(a) from a book of notices that complies with this part, or
(b) using software that complies with this part.
41
Dealers’ notices produced from book
41 Dealers’ notices produced from book
41 Dealers’ notices produced from book
A dealer’s notice produced from a book of notices must be taken from a book, or series of books, that complies with the following requirements—
(a) each book must include—
(i) an original and a duplicate copy of each notice, and
(ii) if the book is used for a kind of notice that must be attached to the vehicle to which the notice relates—an additional copy of each notice,
(b) the originals of each notice in a book must be permanently bound together,
(c) each book must bear on its front cover a number corresponding to its number in the series,
(d) each book must only be used for one kind of notice.
42
Dealers’ notices produced using software
42 Dealers’ notices produced using software
42 Dealers’ notices produced using software
A dealer’s notice that is produced using software must—
(a) be in a format that is capable of being displayed and printed in the approved form at each of the notified premises of the motor dealer, and
(b) not be capable of being amended or deleted, so that a change in the information in the notice may only be effected by creating a new notice, and
(c) include the date on which the notice was produced.
43
Form of dealers’ notices
43 Form of dealers’ notices
43 Form of dealers’ notices
(1) A dealer’s notice must be—
(a) written, and
(b) legible, and
(c) if printed—on white paper of a size not less than standard A4, and
(d) numbered sequentially in the order in which it was produced.
(2) A dealer’s notice must contain no erasures or tears and must not be defaced or otherwise mutilated.
44
Completion of dealers’ notices
44 Completion of dealers’ notices
44 Completion of dealers’ notices
(1) A motor dealer who produces a dealer’s notice must ensure—
(a) all information that is required to be entered in the notice in relation to a transaction or event is entered before or when the transaction or event occurs, and
(b) only a person authorised by the motor dealer enters information in the notice.
Maximum penalty—20 penalty units.
(2) If the motor dealer produces dealers’ notices using software, the information for the notices must be backed up at intervals of no longer than 1 week.
Maximum penalty—20 penalty units.
45
Retention of dealers’ notices
45 Retention of dealers’ notices
45 Retention of dealers’ notices
A motor dealer who produces a dealer’s notice must—
(a) keep a copy of the notice for at least 6 years after the sale of the motor vehicle to which the notice relates, and
(b) if required to do so by an authorised officer—produce the copy of the notice, in an accessible and readable format, for inspection by the officer.
Maximum penalty—20 penalty units.
46
Attaching dealers’ notices to vehicles
46 Attaching dealers’ notices to vehicles
46 Attaching dealers’ notices to vehicles
For a requirement of the Act that a dealer’s notice be attached to a motor vehicle, the notice is attached to the vehicle if—
(a) the notice is firmly attached to—
(i) the inside surface of the windscreen, or
(ii) if not practicable to do so—another part of the vehicle, and
(b) the notice is clearly visible to a person standing immediately outside the part of the vehicle to which it is attached.
47
Motor vehicles not for sale
47 Motor vehicles not for sale
47 Motor vehicles not for sale
For the Act, section 63(4)(a), a notice that a motor vehicle is not for sale must—
(a) be on white paper of a size not less than standard A4, and
(b) contain the words “not for sale” in text of a size that is clearly legible to a person standing immediately outside the part of the vehicle to which the notice is attached.
Part 6
Sales on consignment
Part 6 Sales on consignment
Part 6 Sales on consignment
48
Consignment agreements—the Act, s 186(2)(i)
48 Consignment agreements—the Act, s 186(2)(i)
48 Consignment agreements—the Act, s 186(2)(i)
(1) A motor dealer who agrees to sell a motor vehicle on consignment must—
(a) enter into a written agreement with the consignor for the consignment, and
(b) include the information required by subsection (2) in the agreement, and
(c) keep a copy of the agreement and give another copy of the agreement to the consignor.
Maximum penalty—20 penalty units.
(2) The following information must be included in the agreement—
(a) the consignor’s name, address and licence number,
(b) the consignee’s name, address and licence number,
(c) a description of the motor vehicle to which the agreement relates, including—
(i) the registration number of the vehicle, or
(ii) if the vehicle is not registered—the vehicle identification number of the vehicle,
(d) details of any encumbrance to which the vehicle is subject or, if there is no encumbrance, a statement that there is no encumbrance,
(e) the price agreed to be paid to the consignor or the method of calculating the price to be paid to the consignor,
(f) directions for disbursement of the price agreed to be paid to the consignor, including any amount required to be paid to discharge an encumbrance to which the vehicle is subject,
(g) the date of commencement of the consignment,
(h) the date of termination, or the period, of the consignment.
(3) This section does not apply if the consignor of the motor vehicle is also a motor dealer.
49
Consignment of motor vehicle from one dealer to another
49 Consignment of motor vehicle from one dealer to another
49 Consignment of motor vehicle from one dealer to another
A motor dealer must not accept delivery from another dealer of a motor vehicle for sale on consignment without making reasonable inquiries necessary to establish that the consigning dealer is the owner of the vehicle.
Maximum penalty—20 penalty units.
50
Records for audit of trust account—the Act, s 95(2)
50 Records for audit of trust account—the Act, s 95(2)
50 Records for audit of trust account—the Act, s 95(2)
(1) A motor dealer who sells motor vehicles on consignment must keep the books and records necessary to enable the dealer’s trust accounts to be properly audited, including—
(a) a trust receipt book containing forms of receipt, machine-numbered consecutively in duplicate, and
(b) a trust bank, building society or credit union deposit book containing forms in duplicate, and
(c) a trust account cash book or its electronic equivalent.
Maximum penalty—20 penalty units.
(2) The motor dealer must keep the books and records for at least 6 years after the last entry is made in a book or record.
Maximum penalty—20 penalty units.
51
Disbursements from trust account—the Act, s 92(1)(e)
51 Disbursements from trust account—the Act, s 92(1)(e)
51 Disbursements from trust account—the Act, s 92(1)(e)
A motor dealer may apply money held in a trust account to the payment of an amount payable to a credit provider in accordance with the written directions of the consignor.
Part 7
Exemptions
Part 7 Exemptions
Part 7 Exemptions
52
Exemption of certain motor vehicles—the Act, s 186(2)(a)
52 Exemption of certain motor vehicles—the Act, s 186(2)(a)
52 Exemption of certain motor vehicles—the Act, s 186(2)(a)
(1) The Act does not apply to the following—
(a) a motor vehicle not acquired to be used principally for the transport of passengers or goods on public roads, other than a trailer or towable recreation vehicle,
(b) a motor vehicle that is incapable of being registered in New South Wales, unless it is—
(i) a motorcycle of a type referred to in the Act, section 69(8), or
(ii) a defective registrable vehicle, or
(iii) a written-off light vehicle recorded in the NSW written-off light vehicles register, or
interstate written-off light vehicle has the same meaning as in the Road Transport Act 2013, section 84.
NSW written-off light vehicles register means the register established under the Road Transport Act 2013, section 83.
written-off light vehicle has the same meaning as in the Road Transport Act 2013, section 83.
53
Exemption of certain persons—the Act, s 186(2)(a)
53 Exemption of certain persons—the Act, s 186(2)(a)
53 Exemption of certain persons—the Act, s 186(2)(a)
(1) The Act, sections 11 and 13 do not apply to a person who carries on, or advertises that the person carries on or is willing to carry on, the business of dealing in motor vehicles only for the purpose of reclaiming scrap metal or scrap rubber.
(2) The Act, section 13 does not apply to a person who carries on, or advertises that the person carries on or is willing to carry on, the business of a motor vehicle recycler if the person—
(a) holds a motor vehicle repairer’s licence, and
(b) keeps the records that the holder of a motor vehicle recycler’s licence must keep under the Act and this regulation in relation to carrying on the business of a motor vehicle recycler.
(3) The Act, section 16 does not apply to repair work to the underbody of a trailer or towable recreation vehicle if the person carries out the work at a place for which a motor vehicle repairer’s licence is in force.
(4) The Act does not apply to—
(a) a person who is a motor dealer to the extent the person carries on, or advertises that the person carries on or is willing to carry on, the business of dealing in heavy vehicles within the meaning of the Heavy Vehicle National Law (NSW), or
(b) a person who is a motor vehicle recycler to the extent the person carries on, or advertises that the person carries on or is willing to carry on, the business of recycling heavy vehicles within the meaning of the Heavy Vehicle National Law (NSW).
54
Temporary exemptions for declared trade shows—the Act, ss 11(2) and 186(2)(a)
54 Temporary exemptions for declared trade shows—the Act, ss 11(2) and 186(2)(a)
54 Temporary exemptions for declared trade shows—the Act, ss 11(2) and 186(2)(a)
(1) The Act, section 11 does not apply to an eligible person in relation to the offer or display for sale of a motor vehicle at a declared trade show if—
(a) the business carried on by the eligible person while participating in the declared trade show is limited to the following—
(i) advising a person about the quality, performance and characteristics of a motor vehicle,
(ii) making offers to, or receiving offers from, a person to enter into an agreement for the sale of a motor vehicle, other than a second-hand motor vehicle, and
(b) the eligible person has complied with any conditions to which the exemption is subject, and
(c) a sign is displayed at the stall operated by the eligible person at the declared trade show that—
(i) uses language and a format, and is in a position, that makes the sign easy to read by a person approaching the stall, and
(ii) identifies the eligible person as a person whose ordinary place of business is outside New South Wales, and
(iii) includes the following in relation to the business ordinarily operated by the eligible person—
(A) the business name or company name,
(B) the address of the business or company,
(C) if applicable—the name or number of a relevant licence issued by another State or Territory, and
(iv) states the contract of sale must be signed outside New South Wales.
(2) An exemption under this section—
(a) starts at the beginning of the period specified by the Secretary in the notice declaring the trade show to be a declared trade show, and
(b) expires at the end of the specified period.
(3) In this section—
eligible person means a person—
(a) who lawfully carries on the business of dealing in motor vehicles as a retailer or on a wholesale basis, and
(b) who is not the holder of a motor dealer’s licence, and
Note—
This includes persons who hold a motor dealer’s licence because of the Mutual Recognition Act 1992 of the Commonwealth.
(c) whose ordinary place of business is outside New South Wales.
Part 8
Miscellaneous
Part 8 Miscellaneous
Part 8 Miscellaneous
55
Current inspection reports
55 Current inspection reports
55 Current inspection reports
For the Act, section 56, the period of 42 days is prescribed.
56
Sale at auction with number-plates—current inspection reports
56 Sale at auction with number-plates—current inspection reports
56 Sale at auction with number-plates—current inspection reports
For the Act, section 57(1), a current inspection report must be—
(a) firmly attached to—
(i) the inside surface of the windscreen, or
(ii) if not practicable to do so—another part of the vehicle, and
(b) clearly visible to a person standing immediately outside the part of the vehicle to which the report is attached.
57
Maximum deposit for online motor dealers
57 Maximum deposit for online motor dealers
57 Maximum deposit for online motor dealers
For the Act, section 66D, 10% is prescribed.
58
Cooling off periods—the Act, ss 81(4) and 82(1)(a) and (2)
58 Cooling off periods—the Act, ss 81(4) and 82(1)(a) and (2)
58 Cooling off periods—the Act, ss 81(4) and 82(1)(a) and (2)
(1) The prescribed form setting out a purchaser’s rights under the Act, Part 4, Division 5 and the form of a waiver of a purchaser’s rights under that division is set out in Schedule 2.
(2) The information contained in the form must be included in the contract for the purchase of a motor vehicle immediately above where the purchaser must sign the contract.
59
Recording information generally—the Act, s 186
59 Recording information generally—the Act, s 186
59 Recording information generally—the Act, s 186
(1) This section applies to a record, form, including a dealer’s notice, receipt or other document (a relevant document) required under the Act or this regulation.
(2) If a relevant document requires a motor vehicle’s date of manufacture to be specified, the following date must be specified—
(a) the month and year of the vehicle’s built date,
(b) if the vehicle does not have a built date—the month and year of the vehicle’s identification plate date.
(3) If a relevant document requires the vehicle identification number of a motor vehicle to be specified but the vehicle does not have a vehicle identification number, the vehicle’s chassis number must be specified instead.
(4) The following abbreviations may be used for recording information in a relevant document—
(a) “C” for consigned,
(b) “D” for dismantled,
(c) “E” for exchanged,
(d) “Lic. No.” for licence number,
(e) “MD” for motor dealer’s licence,
(f) “P” for purchased,
(g) “S” for sold,
(h) “T” for trade-in,
(i) “W” for wholesale.
(5) Information in a relevant document must be recorded legibly and in English.
(6) In this section—
built date, in relation to a motor vehicle, means—
(a) the date entered as the “build date” for the vehicle on the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14, or
(b) otherwise—the date that, combined with the word “Built” or the words “Built Date”, appears on an adhesive sticker or metal plate affixed to the vehicle or on a sheet metal component of the vehicle.
identification plate date, in relation to a motor vehicle, means the date that appears on an identification plate authorised to be placed on the vehicle, or taken to have been placed on the vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.
60
Motor Dealers and Repairers Compensation Fund—the Act, s 168(3)
60 Motor Dealers and Repairers Compensation Fund—the Act, s 168(3)
60 Motor Dealers and Repairers Compensation Fund—the Act, s 168(3)
A claim for compensation may not be made under the Act, Part 8 for the following—
(a) loss of or damage to a motor vehicle of a design that makes it incapable of being registered in New South Wales,
(b) loss of or damage to a motor vehicle that has been modified for use solely in motor racing or off-road motor sport,
(c) loss incurred by the claimant in making the claim, including receiving legal advice,
(d) loss of or damage to a vehicle to which the dealer guarantee does not apply under the Act, section 72.
61
Certification of loss
61 Certification of loss
61 Certification of loss
For the Act, section 171(2), the amount of $100,000 is prescribed.
62
Penalty notice officers
62 Penalty notice officers
62 Penalty notice officers
(1) For the Act, section 158(6), the following are prescribed as penalty notice officers—
(a) an officer of the department in which the Act is administered who is authorised in writing by the Secretary to exercise the functions of a penalty notice officer under the Act,
(c) a police officer or other member of the NSW Police Force who is authorised in writing by the Commissioner of Police to exercise the functions of a penalty notice officer under the Act,
(d) a person authorised in writing by Transport for NSW to exercise the functions of a penalty notice officer under the Act,
(e) a Class 10 officer authorised in writing by the Secretary to exercise the functions of a penalty notice officer under the Act.
(a) each offence created by a provision specified in Schedule 4 is an offence for which a penalty notice may be issued, and
(b) the amount payable under the penalty notice is the amount specified in Schedule 4 for the offence.
(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.
64
Expenses of administrator
64 Expenses of administrator
64 Expenses of administrator
For the Act, Schedule 1, clause 12(6), the prescribed period is 30 days after the day on which the agreement is entered into.
65
Limitation periods generally—the Act, s 70
65 Limitation periods generally—the Act, s 70
65 Limitation periods generally—the Act, s 70
A time limit for the purposes of the Act, section 69 does not include a period in which a motor dealer has possession or control of the motor vehicle, including for the purpose of assessing, repairing or making good a defect in the motor vehicle.
66
Limitation periods for trailers and towable recreation vehicles
66 Limitation periods for trailers and towable recreation vehicles
66 Limitation periods for trailers and towable recreation vehicles
(1) For the Act, section 69(10), the time limit for a trailer or towable recreation vehicle is as follows—
(a) for a new trailer or towable recreation vehicle—6 months,
(b) for a second-hand trailer or towable recreation vehicle that is not more than 10 years old when sold by a motor dealer—3 months.
(2) Subsection (1) does not apply to a trailer or towable recreation vehicle until 1 September 2026.
An act, matter or thing that, immediately before the repeal of the Motor Dealers and Repairers Regulation 2014, had effect under that regulation continues to have effect under this regulation.
Schedule 1
Fees
Schedule 1 Fees
Schedule 1 Fees
section 8
Schedule 2
Notice for cooling off period for dealer-financed vehicles
Schedule 2 Notice for cooling off period for dealer-financed vehicles
Schedule 2 Notice for cooling off period for dealer-financed vehicles
section 58(1)
| MOTOR DEALER INFORMATION: |
| Name— | Licence number— |
| Address— |
| MOTOR VEHICLE INFORMATION: |
| Make— | VIN/chassis number— |
| Model— |
| CREDIT PROVIDER INFORMATION: |
| Name of credit provider— |
| YOUR COOLING OFF RIGHTS: |
| You are signing a contract to buy this motor vehicle. If finance for the purchase is being provided by the motor dealer, or the dealer is arranging or facilitating the provision of credit through a linked credit provider, you may take advantage of the cooling off period. This is the period in which you may change your mind about buying this vehicle and terminate the contract.You may take this action up until the end of the cooling off period. The period ends at 5pm on the next day the motor dealer carries on business with the public after you sign the contract, unless one of the following applies—(a) if the dealer closes before 5pm on the next day the motor dealer carries on business with the public, the cooling off period ends at the close of business on the next day the dealer is open for business following that day,(b) if you purchase the vehicle online through a website, the cooling off period ends at 5pm on the next day.You may terminate the contract by giving written notice to the dealer. The notice must be signed by you or by your solicitor or barrister. You will not be able to take possession of the vehicle during the cooling off period unless the dealer agrees. If the dealer agrees to let you take possession of the vehicle during the cooling off period, you may still terminate the contract.If you terminate the contract during the cooling off period, you will have to pay the dealer $250.00 or 2% of the purchase price, whichever is the lesser amount. You will also have to repay the dealer any amount paid for a trade-in. You may also be required to return the vehicle if you have taken delivery of it, unless certain exemptions apply. |
| NO COOLING OFF PERIOD: |
| There is no cooling off period for—(a) a sale by a motor dealer to another motor dealer, a financier or a motor vehicle recycler, or(b) a sale at a bona fide auction, or(c) a sale of a vehicle intended to be used predominantly for business or other commercial purposes, or(d) a sale where the provision of credit by a linked credit provider of the motor dealer to the purchaser is not arranged or facilitated by the motor dealer. |
| WAIVING YOUR RIGHT TO A COOLING OFF PERIOD: |
| You may waive your right to a cooling off period. If you waive your right to a cooling off period, YOU WILL LOSE YOUR RIGHT TO TERMINATE THE CONTRACT. |
| | I wish to keep my right to a cooling off period. |
| Purchaser’s signature— | Date— |
| | I wish to waive my right to a cooling off period. |
| Purchaser’s signature— | Date— |
Schedule 3
Records—motor dealers, motor vehicle repairers and motor vehicle recyclers
Schedule 3 Records—motor dealers, motor vehicle repairers and motor vehicle recyclers
Schedule 3 Records—motor dealers, motor vehicle repairers and motor vehicle recyclers
This regulation is the Motor Dealers and Repairers Regulation 2025.
2 Commencement
2 Commencement
2 Commencement
This regulation commences on 1 September 2025.
Note—
This regulation replaces the Motor Dealers and Repairers Regulation 2014, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this regulation—
advertisement, for Part 3—see section 18.
Australian driver licence—see Schedule 3, section 1.
battery electric vehicle means a motor vehicle that—
(a) uses only an electric motor for propulsion, and
(b) is not fitted with—
(i) a fuel cell, or
(ii) an internal combustion engine.
consignor has the same meaning as in the Act, Part 4, Division 6.
entry number, for a motor vehicle or specified part, means the number required under Schedule 3 to be included in a record relating to the vehicle or part.
fee unit, for Schedule 1—see Schedule 1, section 1.
hybrid vehicle means a motor vehicle that—
(a) uses an electric motor for propulsion, and
(b) is fitted with an internal combustion engine for—
(i) the generation of electrical energy, or
(ii) the propulsion of the vehicle.
Examples—
a hybrid electric vehicle or plug-in hybrid electric vehicle
ineligible person, for Part 3—see section 18.
licence number has the same meaning as in the Act, section 19A.
Photo Card—see Schedule 3, section 1.
specified part—see Schedule 3, section 1.
the Act means the .
Record‑keeping and documentation rules: the regulation prescribes retention periods, formats, backup frequencies and the precise content of records to be kept about vehicles and specified parts (Part 4; Schedule 3). It requires sequential entry numbers (s 36), specifies allowable abbreviations (s 37 and Schedule 3, s 2), mandates entry timing (within 1 business day, s 38), and sets a 6‑year retention period (s 39).
Advertising, disclosures and consumer protections: it prescribes what must appear in advertisements (price plus dealer and statutory charges, s 20), obligations to disclose damage or defect notices in advertisements (s 21), prohibitions on false representations about availability or finance (s 22), and odometer rules where readings are suspected to be false (s 23).
Dealer’s notices and consignment: it prescribes the form, method and retention of dealer’s notices, including software and book requirements (Part 5, ss 40-47) and detailed consignment agreement content and trust-account record obligations where vehicles are sold on consignment (Part 6, ss 48-51).
Compliance tools and enforcement architecture: the regulation designates penalty‑notice officers (s 62), lists penalty‑notice offences and amounts (Schedule 4, s 63), imposes maximum penalties for many contraventions (often 20 penalty units), and gives the Secretary administrative powers such as waiving or refunding fees on grounds of hardship or special circumstances (s 12) and the power to grant exemptions to employ ineligible managers (ss 30-31).
The regulation is dense in administrative detail: it operationalises licensing costs and processes, sets discrete documentation and backup regimes, prescribes what must be visible to consumers (signs and advertisement content), and creates record‑marking and receipt obligations for recyclers and repairers (ss 27-29). Where the Act provides broad duties or concepts, the regulation supplies the detailed compliance mechanics (for example, Schedule 3 enumerates required fields for acquisition and disposal records).
The text makes a number of express procedural choices that generate particular compliance burdens and incentives, such as requirement of a notified NSW premises for online dealers (s 6), sequential unique entry numbers for records (s 36), and specific labelling and receipt content for disposed parts and engines (ss 27-29). These mechanical rules determine who must do what, the timing of actions (for example, entry within 1 business day, s 38), and the documentary evidence that authorised officers can inspect (s 33(1)(b), s 45).
Where the regulation modifies other Acts, it does so explicitly (for example, modifications to the Licensing and Registration (Uniform Procedures) Act and the Licensing Act are set out at s 8 and s 13). It also preserves continuity from the 2014 regulation by a savings clause (s 67) and delays certain changes (for example the trailer/towable recreation vehicle limitation periods in s 66 are deferred until 1 September 2026).
The remainder of this note analyses the principal concepts, affected parties, duties and rights, penalties and enforcement mechanisms, interactions with other laws, amendment history, litigation visibility in the text, compliance pitfalls and a practical compliance checklist, each grounded in the regulation’s provisions.
Main concepts
The regulation operationalises a handful of recurring administrative and consumer‑protection concepts from the Act by prescribing concrete rules. The principal concepts and their mechanical expressions are: licensing conditions and fees; recordkeeping, identification and traceability; advertising and disclosure obligations; consumer cooling‑off and dealer notices; consignment and trust accounting; exemptions; and enforcement via penalty notices and administrative sanctions.
Licensing conditions and fees
Licence conditions are a central instrument for supervising businesses: s 6 attaches a condition to online motor dealer licences (notified premises and a “.au” URL), while s 7 imposes a non-transfer/use-by-others condition on all licences except tradesperson certificates. Fees are itemised in Schedule 1, Part 1 and must be calculated by combining fixed and processing components (s 8). Schedule 1 also prescribes the fee unit for 2025-26 and the CPI‑indexation mechanism for subsequent years (Schedule 1, Part 2, cl 1).
Recordkeeping, identification and traceability
The regulation enforces traceability through entry numbers and sequential assignment (s 36). Schedule 3 prescribes exact data fields for acquisitions and disposals for dealers, repairers and recyclers (Schedule 3, ss 2-5). Records must be stored at notified premises (s 33(1)(b)), in legible formats (s 34(2), s 43), and retained for at least six years (s 39, s 45). Electronic record rules require displayability at each notified premises, audit trails for amendments/deletions, and backups at least once every four weeks (s 35(1)-(2)). Dealer notice software must be non‑editable so that changes can only be done by creating a new notice (s 42(b)).
Advertising and disclosure obligations
Advertising is tightly regulated: where dealer or statutory charges apply, an advertisement that specifies a purchase price must also specify dealer’s charges and state that statutory charges will be payable (s 20(1)-(4)). Advertisements of damaged or defective vehicles must disclose damage/repair status and, where a defect notice exists, must use prescribed wording and include the estimated repair cost (s 21). Advertisements must identify specific vehicles by registration or stock/entry number (s 24).
Consumer protections and dealer notices
The regulation prescribes the cooling‑off disclosure form and requires its information to appear in the contract adjacent to the purchaser’s signature (s 58 and Schedule 2). Dealer’s notices must meet physical or software specifications, be sequentially numbered and kept for six years; where notices must be attached to vehicles they must be firmly attached to the inside of the windscreen or other practicable part and clearly visible (ss 40-47).
Consignment, trust accounting and consignment agreements
Consignment sales must be the subject of a written agreement containing a specific list of information including encumbrance details and disbursement directions (s 48). Dealers selling on consignment must keep books that permit audit of trust accounts and keep them for six years (s 50). Trust money can be applied to discharge a creditor where directed by the consignor (s 51).
Exemptions and temporal deferrals
The regulation lists categories of exempt vehicles and persons (ss 52-53) and provides a targeted temporary exemption for eligible participants at declared trade shows subject to signage and contract execution outside NSW (s 54). It also defers the application of new limitation periods for trailers and towable recreation vehicles until 1 September 2026 (s 66).
Enforcement architecture
The regulation prescribes maximum penalties and makes a comprehensive list of penalty‑notice offences with fixed monetary amounts (Schedule 4). It designates classes of penalty notice officers (s 62), prescribes administrative powers for the Secretary (s 12, waiver/refund; ss 30-31, exemptions for employing ineligible persons), and provides for record inspection by authorised officers (ss 28(2), 45(b)).
Narrow technical specifications
Several provisions prescribe exact formats and labelling conventions that can be compliance traps: required abbreviations when recording certain parts (s 37 and Schedule 3, s 2), the form and placement of notices attached to vehicles (ss 46-47), and the required content of receipts for engine and part disposals (ss 28-29).
In short, the main concepts are administrative control of licensing and fees, traceability through records and marking, mandated consumer disclosures, constrained advertising language, and a detailed enforcement and penalty regime. Each concept is implemented by prescriptive, often numerically specified requirements (for example, timeframes for retention, percentages for maximum deposits for online dealers in s 57, and prescribed fees in Schedule 1), which convert the Act’s broad duties into specific compliance tasks for licence holders.
Who it affects
The regulation affects a defined set of commercial actors and certain individuals connected to those businesses. The primary affected groups, and the concrete ways the regulation reaches them, are:
Motor dealers (retail and wholesale): subject to licence conditions, fee and Compensation Fund contribution obligations, advertising and dealer‑notice requirements, records for whole vehicles (Schedule 3, s 2), consignment rules and trust account audit recordkeeping (Part 6, ss 48-51). An online motor dealer faces the additional requirements that they must have notified premises in NSW and their website URL must end with “.au” (s 6).
Motor vehicle repairers: required to hold the appropriate tradesperson’s certificates or repairer licences for specified classes of repair work (s 16 sets out classes). Repairers who buy or receive specified parts must mark parts with entry numbers (s 27), keep acquisition and disposal records for specified parts (Schedule 3, s 3), and follow special rules where operating solely from a vehicle (s 33(3)).
Motor vehicle recyclers: included in the definition and subject to recordkeeping for specified parts and whole vehicles (Schedule 3, ss 4-5). The regulation prescribes the list of parts that bring a business within the motor vehicle recycler definition (s 5).
Consignors and consignees: consignors (private sellers or dealers) and consignees (dealers handling consignment sales) are affected by mandatory content for consignment agreements (s 48) and trust-account disbursement rules (s 51). Dealers accepting consignments from other dealers must make reasonable inquiries to establish ownership (s 49).
Managers and employees of licence holders: the regulation bars licence holders from employing persons as managers who have certain disqualifying events in the past 10 years, including licence cancellation or dishonesty convictions (s 30). Licence holders must act on notification from the Secretary or if they ought reasonably to be aware of the person’s ineligibility. There is a process for timely application for exemptions (s 31).
Consumers/purchasers: protected by advertising rules (ss 20-24), inspection obligations (s 25), mandatory cooling‑off disclosures and forms (s 58 and Schedule 2), and limitations on deposits for online purchases (10% prescribed in s 57). Cooling‑off cost formulas and exclusion categories are set in Schedule 2.
Financiers and linked credit providers: the regulation prescribes that acting as a secured creditor holding and enforcing security interests in motor vehicles falls within the prescribed meaning of “financier” (s 4). Advertising rules also restrict representations about finance availability (s 22) and cooling‑off disclosure obligations apply where dealer arranged finance is involved (s 58; Schedule 2).
Officials and inspectors: the regulation designates penalty notice officers (s 62) including departmental officers, investigators under the Fair Trading Act, authorised police and Transport for NSW personnel. Authorised officers are given express powers to require production of records (for example ss 28(2), 45(b)).
Notable secondary and indirect impacts:
Businesses based outside NSW that participate in declared trade shows: they may qualify for a limited, temporary exemption if they comply with signage and contract execution requirements and limit their activities to non‑retail sale conduct at the show (s 54).
Third parties acquiring engines or parts: when purchasing engines from repairers or recyclers they receive receipts containing prescribed particulars (ss 28-29). These receipts impose information costs on sellers and create traceability for purchasers.
Applicants for licences and certificates: the fee schedule (Schedule 1) creates a cost structure that varies by licence type, length of licence term and processing component; the Secretary may reduce or waive fees in hardship or special circumstances (s 12).
Who pays and who decides
Licence holders and applicants pay fees and Compensation Fund contributions as prescribed in Schedule 1 and s 9. The Secretary is the administrative decision‑maker on fee waivers and exemptions (see s 12 and s 31). Penalty notice officers authorised under s 62 decide on-issued penalty notices pursuant to the Act and Schedule 4.
Geographical scope
The regulation applies to activities carried on in New South Wales and specifically requires notified premises in NSW for online dealers (s 6). It also explicitly excludes certain heavy vehicle activities governed by the Heavy Vehicle National Law (NSW) from the Act’s operation in this instrument (s 53(4)).
In short, the regulation imposes documentary, disclosure, fee, and operational requirements on dealers, repairers and recyclers; it constrains employment of managers with particular past events; it creates compliance obligations that reach from licence applicants through to purchasers of parts; and it gives enforcement powers to a defined set of officials.
Key duties and rights
This section summarises the principal prescriptive duties imposed on regulated parties and the entitlements or procedural protections the regulation provides, citing the controlling provisions.
Key duties
Licence‑related duties and conditions
Online motor dealers must have notified premises in NSW and a website URL that ends with “.au” (s 6(2)(a)-(b)).
Licence holders (except tradesperson certificates) must not attempt to transfer, lend or permit use of the licence by another person (s 7).
Fees and Compensation Fund contributions
Licence applicants and holders must pay fees as listed in Schedule 1; fees are composed of fixed and processing components (s 8(1)-(3); Schedule 1 Part 1).
Motor dealers and motor vehicle repairers must pay the Compensation Fund contribution specified in s 9 unless a dealer deals wholesale only and qualifies for the exemption (s 10).
Advertising, disclosure and consumer duties
If dealer’s or statutory charges apply, advertisements specifying purchase price must also specify dealer’s charges and state that statutory charges will be payable (s 20(1)). The advertisement must not use “on‑road costs” or similar to describe statutory charges (s 20(4)(c)).
Where a motor vehicle is damaged or the subject of a defect notice, the advertisement must state the vehicle’s status and use prescribed wording including repair cost for defect notices (s 21).
Motor dealers must not represent that a vehicle is for sale if they know it is not, and must not represent a form of finance is available if they know it is unlawful or unavailable (s 22).
If a dealer knows or reasonably suspects an odometer reading is false, they must not publish or specify that reading in advertisements or negotiations (s 23).
A motor dealer who offers a vehicle for sale must facilitate a reasonable examination by a prospective purchaser (s 25).
Recordkeeping, labelling and retention
Licence holders must keep the records about motor vehicles and specified parts set out in Schedule 3 and keep them in accordance with Part 4 (s 32).
Records must be stored at the notified premises, be legible, kept in specific formats and retained for at least six years after the last entry (ss 33-35, 39). Electronic records must be displayable at each notified premises and maintain an audit trail for amendments; backups are required at least once every 4 weeks (s 35(1)-(2)).
Entry numbers must be sequential, unique and audit‑verifiable (s 36).
Specified parts must be marked with their entry number either via indelible marking or a durable label if marking is impracticable (s 27(3)).
Dealer’s notices and consignment
Dealer’s notices must be produced from compliant books or compliant software, be sequentially numbered and retained for six years (Part 5, ss 40-45).
Consignment sales require a written agreement with prescribed content, a copy to the consignor, and retention of the agreement (s 48).
Manager employment restrictions
Licence holders must not employ or continue to employ a manager who is an “ineligible person” as defined in s 30(1), subject to an exemption process (s 30(1)-(4); s 31).
Parts and engine disposal receipts
Disposals of engines by repairers and recyclers must be accompanied by a receipt with prescribed items, including entry numbers, and a copy retained for six years (s 28).
Recyclers disposing of specified parts must give receipts with prescribed items including the vehicle VIN and keep records (s 29).
Key rights, discretions and procedural provisions
Administrative discretion to waive or refund fees
The Secretary may waive, reduce, postpone or refund fees payable under the Act or regulation on grounds of financial hardship or special circumstances such as natural disaster (s 12). This is a broad power the regulation expressly confers.
Exemption process for employing ineligible managers
A licence holder may apply for an exemption to employ an ineligible person; the application must be made no later than the first business day after notification or reasonable awareness (s 31(1)). The Secretary may grant or refuse the exemption and must notify the applicant and the ineligible person if refused (s 31(2)-(3)).
Refund entitlement for surrendered or deceased applicants
Applicants who surrender a licence or for whom the licence-holder has died may apply for a partial refund of application fees for 3‑ or 5‑year licences, subject to prescribed pro rata calculations and excluding the processing component; refunds are not available if the licence was cancelled or suspended for disciplinary reasons (s 11).
Right to certain record information by authorised officers
Licence holders must supply copies of records and dealer’s notices to authorised officers upon request before the end of retention periods (ss 28(2), 45(b)). This creates an administrative evidence base for enforcement.
Penalty notice framework and designated officers
The regulation prescribes who may issue penalty notices (s 62) and lists offences where penalty notices apply and the applicable monetary amount (Schedule 4, s 63). This establishes an accelerated enforcement path via monetary penalties rather than formal prosecution in many instances.
Record of licences register content
The regulation prescribes particulars that must be included in the public or administrative register of licences (s 14), such as disciplinary action, status, notified premises and the number of claims against the Compensation Fund. This creates a transparency mechanism that affects reputation and market interactions.
Technical rights around dealer’s notices and software
Dealer’s notice software must prevent amendment or deletion and must be capable of printing approved forms at each notified premises (s 42). This creates a de facto immutability requirement to protect the evidentiary record.
Taken together, the regulation creates enforceable duties across commercial, administrative and documentary dimensions while giving the Secretary several discretionary powers to modify financial obligations or approve employment of otherwise ineligible managers. The duties are precise in format, timing and content; many have penalties attached or are subject to penalty notices under Schedule 4.
Penalties and enforcement
The regulation sets a detailed enforcement architecture combining criminal/administrative penalties, penalty notices, and administrative decision‑making by the Secretary and authorised officers. The key features are:
Penalty levels and maximum penalties
Many contraventions under the regulation carry maximum penalties of 20 penalty units where expressly stated in the clause (for example ss 19(2), 20(1), 21(1)-(3), 24, 25, 26(2), 27(3), 28(1)-(2), 29(1), 30(1) and others). The exact monetary value of a penalty unit is not set in the regulation but is governed by the Penalties and Sentences Act (not reproduced here). Several provisions in the regulation specify different maxima or fixed penalty notice amounts in Schedule 4.
Penalty notice framework
The regulation designates classes of persons who may issue penalty notices (s 62), listing departmental officers authorised in writing by the Secretary, investigators under the Fair Trading Act, authorised police and Transport for NSW officials, and Class 10 officers authorised by the Secretary. This creates multiple enforcement channels and involves both administrative and enforcement personnel.
Schedule 4 provides a comprehensive list tying specific provisions of the Act and the regulation to monetary penalty notice amounts. Examples include: s 11(1) (offences under the Act) attract $6,600 under Schedule 4; under the regulation, s 19(2), s 20(1), s 21(1)-(3) and many recordkeeping offences attract amounts ranging from $550 to $1,100 depending on the provision (Schedule 4).
Authorised officers and inspection powers
Several recordkeeping clauses require licence holders to produce copies of records to authorised officers on request (for example s 28(2) requires a copy of disposal receipts to be given to an authorised officer if required; s 45(b) requires production of dealer’s notices). The regulation requires records and notifications to be readily accessible at notified premises (s 33(1)(b), s 33(2)) and imposes legibility and format standards (ss 34 and 43) to ensure they can be inspected.
Administrative decision‑making and discretionary remedies
The Secretary may waive, reduce, postpone or refund fees in whole or in part for hardship or special circumstances (s 12); this is an administrative remedy that can reduce the compliance cost for individuals or licence holders in specified circumstances.
The Secretary has the power to grant or refuse exemptions to employ ineligible managers. The application must be made promptly (s 31(1)); the Secretary may grant the exemption conditionally or unconditionally (s 31(2)); if refused the Secretary must give notice of the refusal to the applicant and the ineligible person (s 31(3)). The Secretary may also give written directions that an application‑pending period not apply to an ineligible person (s 30(4)), i.e. the Secretary can fast‑track a removal of the temporary continued‑employment protection in s 30(3).
Enforcement pathways and consequences
Penalties may be pursued by issuing penalty notices for the listed offences (Schedule 4, s 63). The existence of Schedule 4 means many contraventions can be resolved administratively by payment rather than prosecutor‑led proceedings, allowing for quicker enforcement but also quicker resolution for regulated parties.
Other contraventions attract maximum penalties (criminal or regulatory fines) and, where connected to disciplinary processes under the Act, can affect licence status and entitlement to refunds; for example, s 11(3) bars refund applications where a licence was cancelled or suspended as a result of disciplinary action.
Specific enforcement examples in the regulation
Display of licence details in a readily visible sign (s 19) carries a maximum penalty of 20 penalty units.
Advertising requirements for charges, damage and defect notices (ss 20-21) carry maximum penalties of 20 penalty units, and Schedule 4 attaches penalty notice amounts to these offences (typically $550 per Schedule 4 entries under “Offences under this regulation”).
Recordkeeping and timely completion rules (s 38 requiring entries within 1 business day) carry a maximum penalty of 20 penalty units; Schedule 4 sets penalty notice amounts for recordkeeping offences in the regulation (for example s 44(1) and s 44(2) are listed at $1,100 in Schedule 4).
Transparency and reputational consequences
Section 14 requires that certain particulars must be included in the register of licences, such as disciplinary action, number of penalty notices and number of Compensation Fund claims allowed (s 14(g), (i), (j), (m)). This mandating of register content can have reputational consequences for licence holders in addition to financial penalties.
Practical enforcement implications
The combination of precise recordkeeping requirements, inspection rights and an extensive penalty notice schedule creates an enforcement environment in which administrative breaches are readily detectable and sanctionable through penalty notices. The Secretary’s power to waive or refund fees and to grant exemptions provides administrative flexibility but does not limit the capacity to issue penalty notices or other enforcement where statutory requirements are breached.
In summary, the regulation pairs prescriptive compliance duties with a multi‑channel enforcement structure: monetary penalty notices for numerous prescriptive breaches, maximum penalty units for many contraventions, inspection requirements to support remediation or prosecution, and administrative discretion for fee relief and exemptions. The regulation concentrates enforcement levers in the Secretary and designated officers, and it prescribes public register entries that may generate market‑level consequences.
How it interacts with other laws
The regulation is explicitly framed as subordinate to and operative in conjunction with the Motor Dealers and Repairers Act 2013 (the Act) and interacts with a range of Commonwealth and NSW statutes by reference and modification. The primary interactions set out in the regulation are:
Direct interaction with the Act
Scope and definitions: the regulation supplements and prescribes terms used in the Act. For example, it supplies definitions and prescriptive meanings for elements used in the Act (s 3; s 4 prescribes the purpose of a “financier” for the Act’s definition at s 4(1)(c) of the Act). Schedule 3 prescribes records for the Act, s 100(3).
Licensing and conditions: multiple provisions are expressly stated to operate “for the Act” (for example s 6: “Condition on online motor dealers’ licences,the Act, s 32”; s 7: “Condition on certain licences prohibiting transfer or loan of licence,the Act, s 32”). The regulation therefore implements and details conditions referenced in the Act.
Disciplinary and compensation consequences: the regulation references the Act’s disciplinary processes (for example s 11(3) disqualifies refunds where a licence was cancelled or suspended as result of disciplinary action under the Act) and sets limits on Compensation Fund claims in relation to types of vehicles (s 60).
Modification of the Licensing Act
Section 13 expressly modifies the Licensing Act (the Licensing and Registration (Uniform Procedures) Act 2002 as applied to licences under the Act). It states that the Licensing Act, Part 2, as it applies to a licence under the Act, is modified so that applications cannot be made by a partnership and that the Licensing Act’s requirement to include the date the licence comes into force is not required (s 13(a)-(b)). This is an explicit legal interaction altering the application of the Licensing Act to motor dealer licences.
References to Commonwealth legislation
Several definitions and record requirements cross‑refer to Commonwealth statutes. For instance Schedule 3 (s 1) references the Road Vehicle Standards Act 2018 (Commonwealth) for “built date” entries and the Motor Vehicle Standards Act 1989 (Commonwealth) for identification plate dates under s 59(6). These references determine what dates must be recorded and the source of authoritative vehicle build/identification data.
The regulation also notes mutual recognition via the Mutual Recognition Act 1992 (in s 54(3)(b) note), acknowledging how out‑of‑state licence holders may be treated under declared trade show exemptions.
Cross‑reference to other NSW statutes and regulations
Road transport legislation: the regulation adopts meanings and standards from the Road Transport Act 2013 for vehicle identification number (VIN) (s 3) and for definitions such as “defective registrable vehicle” and “written‑off” light vehicle when prescribing exemptions (s 52). It also references the Road Transport (Vehicle Registration) Regulation 2017 for the meaning of “authorised examiner” in s 17(f).
Fair Trading Act and authorised investigators: s 62(1)(b) prescribes investigators appointed under the Fair Trading Act 1987 as penalty notice officers for Act enforcement, tying enforcement personnel between statutes.
Photo Card and driver licence statutes: the regulation relies on the Photo Card Act 2005 and the Road Transport Act 2013 for identification verification options in recordkeeping (for example in Schedule 3 where acquisition and disposal records require driver licence numbers or Photo Card numbers as alternatives).
Preservation of prior regulation and transition
The regulation replaces the Motor Dealers and Repairers Regulation 2014 on commencement (s 2), and it contains a savings clause that preserves acts or matters that had effect under the repealed regulation (s 67). This ensures continuity for ongoing transactions or records that predate commencement.
Administrative procedure and other Acts
The regulation situates parts of its fee and processing components within the Licensing Act framework: s 8(3) treats processing components as processing fees for the Licensing and Registration (Uniform Procedures) Act, and the note cross‑references sections dealing with electronic application discounts, refunds on refusal or withdrawal and processing fee treatment. This ties fee treatment to procedural rules in the Licensing Act.
Implications of cross‑references
By referencing vehicle registers, national standards and other NSW statutes, the regulation imports external evidentiary sources and standards into compliance obligations. For example, requiring “built date” to be taken from the Register of Approved Vehicles (Schedule 3, s 1 and s 59(6)(a)) makes Commonwealth vehicle approval records the authoritative source for that data field.
The designation of penalty notice officers from other statutory regimes (Fair Trading Act investigators, Transport for NSW) expands the set of inspectors and enforcement officers who can enforce the Act, integrating enforcement with other regulatory agencies (s 62).
In sum, the regulation does not operate in isolation. It modifies and applies other NSW licensing procedures, imports definitions and data points from Commonwealth vehicle standards and Road Transport statutes, leverages the Fair Trading enforcement cohort, and creates continuity from the repealed 2014 regulation. Compliance therefore requires attention to a network of statutes and registers which the regulation explicitly references and relies upon.
Amendment history
The regulation text provides limited amendment history inside its own provisions but documents key transitional and replacement matters:
Replaces the 2014 regulation: the regulation commences on 1 September 2025 and replaces the Motor Dealers and Repairers Regulation 2014, which is repealed on that date under the Subordinate Legislation Act 1989 (see s 2 and the note to s 2). The text preserves prior acts, matters or things that had effect under the repealed regulation by a savings provision (s 67).
Deferred provisions and transitional continuity:
The regulation defers the application of new limitation periods for trailers and towable recreation vehicles until 1 September 2026 (s 66(2)-(3)). It specifically continues the 2014 regulation’s clause 59 as in force immediately before repeal until 31 August 2026 (s 66(3)). This is an explicit transitional arrangement acknowledging implementation timing for certain technical rules affecting trailers and towable recreation vehicles.
Fee unit and indexing baseline:
The regulation sets the baseline fee unit for 2025-26 at $126.59 (Schedule 1, Part 2, cl 1(1)(a)) and prescribes a CPI‑based method for adjusting the fee unit in each subsequent financial year (Schedule 1, Part 2, cl 1(1)(b)). The regulation provides rounding rules and a non‑decreasing safeguard so the fee unit cannot decrease from the prior financial year (cl 1(2)-(4)). The Secretary must notify Parliamentary Counsel and publish the calculated fee unit each year after ABS CPI release (cl 1(5)). These provisions set the mechanism for ongoing amendments to fees without legislative amendment.
Savings and continuity:
The savings clause (s 67) ensures continuity for acts or matters that had effect immediately before the repeal of the 2014 regulation, so that ongoing transactions or rights are preserved under the new regulation.
No other historical amendments are listed in the regulation text submitted. The instrument itself does not include a history of prior amending instruments within the provided text.
What the text does not show
The regulation does not include a recorded sequence of earlier amending instruments or dates beyond the initial replacement of the 2014 regulation and deferred application clauses. There are no in-text consequential amendments to other subordinate instruments beyond the explicit modification of the Licensing Act (s 13).
The instrument does not include explanatory materials, second reading speech extracts or an EM in the provided text. Any statements about policy intent within notes (for example the note in s 2 about repeal by the Subordinate Legislation Act 1989) are limited to factual cross‑references.
Practical consequence for practitioners
The amendment history relevant to transitional compliance is concentrated in the commencement and savings provisions and the temporary deferral for trailers and towable recreation vehicles. Practitioners should pay attention to the 1 September 2025 commencement date and the 1 September 2026 deferred change for trailers, and rely on the savings clause for continuity of pre‑commencement transactions and records.
Litigation history
The regulation text itself does not include any cases or litigation history. It names no judicial decisions, and there are no internal references to past litigation outcomes. Therefore the only litigation‑related material available from the source is the statutory framework that generates potential disputes and the mechanisms that will likely be the subject of enforcement actions, administrative review and court proceedings.
Potential areas that could generate litigation or administrative review (grounded in the regulation’s mechanics)
Enforcement of advertising and disclosure rules: provisions such as s 20 (advertising of charges), s 21 (advertising sale of damaged or defective motor vehicles), and s 23 (odometer reading restrictions) are prescriptive and carry penalties; disputes may arise as to whether an advertisement complied with the required specificity (for example, whether the phrase “statutory charges” was used rather than “on‑road costs” as proscribed in s 20(4)(c)). Enforcement via penalty notices under Schedule 4 can be contested through the statutory processes available under the Act, which could generate judicial review or prosecution proceedings in the event of non‑payment or challenge.
Recordkeeping and data‑entry timing: s 38 requires entries within one business day and s 36 requires sequential, unique entry numbers. Disputes might arise over whether entries were made within the prescribed timeframe, the authenticity of sequential numbering, or the sufficiency of backups and audit trails under s 35 for electronic systems.
Employment of managers: s 30 disqualifies employment of “ineligible persons” with certain past disciplinary or criminal histories, but s 31 permits exemptions. Litigation could arise where the Secretary refuses an exemption or where a licence holder disputes the characterization of a person as ineligible or the timeliness of an exemption application.
Secretary’s discretionary decisions: the Secretary’s exercises of discretion under s 12 (waiver/refund of fees) or s 31 (granting or refusing exemptions) may be subject to administrative law review if processes are alleged to be procedurally unfair or substantively unreasonable. Challengeable acts include refusal of refund applications where the statutory criteria are argued to apply.
Penalty notices enforcement: Schedule 4 lists many provisions for which penalty notices may be issued. Failure to pay a penalty notice or disputing a penalty notice could lead to proceedings that test the scope of the underlying provision and the correctness of the issuing officer’s findings.
What the regulation does not detail
The regulation does not supply the procedural appeal routes or prosecutorial policies that would govern how penalty notices convert to court proceedings, nor does it reproduce the Act’s procedural enforcement provisions in full. The regulation also does not include administrative or judicial decisions that interpret these clauses.
Practical note for practitioners and compliance teams
Because the regulation prescribes many formal documentary and timing requirements, disputes are likely to be fact‑specific and to turn on documentary evidence. Practitioners should anticipate that enforcement activity will rely on documentary records, sequential entry numbers, and timestamped electronic audit trails (see ss 33-36 and s 35(1)(b)). Where the Secretary exercises discretion, review rights under administrative law may be available; those pathways are governed by the Act and general administrative law principles rather than by the regulation text itself.
In conclusion, the regulation contains a framework that creates multiple predictable infringement points ripe for administrative enforcement and potential review, but the text itself does not document any past litigation or adjudicative outcomes.
Gotchas
The regulation contains several precise and technical requirements that can generate non‑obvious compliance risks if missed. These are concrete mechanics rather than normative judgments; each “gotcha” below cites the controlling provision and explains the practical implication.
Online dealer .au requirement and NSW premises (s 6)
An online motor dealer’s licence is conditional on the dealer having notified premises in NSW and the website URL ending with “.au” (s 6(2)(a)-(b)). Overseas or interstate dealers operating with no NSW premises or with non‑“.au” domains will fail this licence condition. The requirement couples a digital presence rule with a physical presence rule, so purely offshore operations must make structural changes to remain compliant.
Sequential, unique entry numbers and one‑day entry rule (ss 36 and 38)
Every vehicle or specified part must be given a sequential entry number that is not reused (s 36). All required information for a transaction must be entered within 1 business day of the transaction or event (s 38(a)). Missing the one‑day entry window or using duplicate numbers will contravene two separate obligations and attract penalties, and could undermine traceability during audits or enforcement.
Strict format and content for dealer’s notices and software immutability (Part 5)
Dealer notice software must be incapable of amendment or deletion so that changes can only be made by creating a new notice (s 42(b)). If a dealer’s notice system allows back‑dating or editing without clear versioning, it will fail the requirement. Backups for dealer notice software must be weekly (s 44(2)), a higher frequency than the four‑week backup for other electronic records (s 35(2)).
Narrow language prescriptions for advertising statutory charges (s 20(4))
The regulation requires advertisements to describe statutory charges as “statutory charges” or “government charges” and expressly prohibits the use of “on‑road costs” or similar expressions (s 20(4)(b)-(c)). Informal or common industry terms can therefore create contraventions if used in advertised pricing.
Required content and minimal legibility standards (ss 21(5), 43)
Advertisements that must contain prescribed information must present it in writing of a size clearly legible to a person who sees the advertisement (s 21(5)). Dealer’s notices and other documents must be legible, on white A4 paper if printed and free from erasures or mutilations (ss 43(1)(b)-(c), 34(2)). Poor printing, small font, or handwritten illegibility can trigger compliance failures.
Narrow exemptions and trade show conditions (s 54)
The temporary exemption for trade show participants requires a sign at a stall that identifies the out‑of‑state business and states that sale contracts must be signed outside NSW (s 54(1)(c)(i)-(iv)). Failure to have the specified sign and wording will void the exemption and expose participants to licensing requirements.
Manager employment disqualification window and prompt application requirement (ss 30-31)
The disqualifying lookback period is 10 years for certain events (s 30(1)(a)), and a licence holder must apply for an exemption no later than the first business day after being notified or becoming reasonably aware a person is ineligible (s 31(1)). Late or absent applications remove the statutory protective stay in s 30(3), making continued employment an offence.
Receipt and record content requirements for engine and part disposals (ss 28-29)
Receipts for engines and specified parts must contain detailed information including entry numbers and VINs (ss 28(1) and 29(1)). For engines, a copy of the receipt must be retained for at least six years (s 28(2)). Failure to capture or retain these details can trigger penalties and complicate ownership tracing.
Limitations and special rules for trailers and towable recreation vehicles (s 66)
The new time limits for trailers and towable recreation vehicles (6 months for new, 3 months for second‑hand under 10 years) do not apply until 1 September 2026 (s 66(2)). Practitioners and dealers must track the separate timetables so they do not mistakenly apply the new limitation periods early or fail to prepare for them when they commence.
Fee calculation complexity and CPI indexation (s 8; Schedule 1)
Fees are not simple flat amounts but are composed of fixed fee‑unit components and processing components; the fee unit is CPI‑indexed annually with a rounding regime and a non‑decreasing safeguard (Schedule 1, Part 2, cl 1). Errors in fee calculation,particularly when multiple notified premises are involved or when transitioning between licence durations,can lead to underpayment or refund complications.
Register content can expose disciplinary history (s 14)
The register must include disciplinary action, penalty notice counts, and number of Compensation Fund claims allowed (s 14(i)-(m)). Businesses with prior disciplinary matters will have these recorded publicly, which can have commercial consequences that extend beyond the immediate penalty regime.
Narrow abbreviations allowed in records (s 37 and Schedule 3, s 1)
The regulation restricts abbreviations to a specific list for describing certain parts (s 37). Using other shorthand or internal codes in records may lead to non‑compliance.
Each of these “gotchas” arises from precise and often technical prescriptions in the regulation. In most cases the regulation gives enforcement teeth through penalty notices (Schedule 4) or maximum penalties specified in each clause. For operational teams the combination of short entry windows, required form content, software immutability and frequent backups creates an administration and IT compliance burden that is easy to underestimate and difficult to reverse once an inspection occurs.
How to comply
This section provides a practical compliance checklist, mapping each substantive obligation to the controlling provision so licence holders, compliance officers and advisers can convert the regulation’s prescriptions into operational tasks.
Licencing and premises
If operating as an online motor dealer, ensure you have notified premises in NSW and that the public website’s URL ends with “.au” (s 6(2)). Confirm your licence documentation records the notified premises and retain evidence of the URL.
Do not transfer or lend licences and ensure licences are not used by others (s 7). Maintain a register of licence holders and authorised users.
Fees and Compensation Fund contributions
Calculate application, renewal and restoration fees using Schedule 1 Part 1: combine the fixed fee‑unit component per notified premises and the processing component (s 8(1)-(3); Schedule 1). Use the fee unit value for the current financial year (Schedule 1, Part 2, cl 1).
Determine Compensation Fund contributions for each notified premises according to s 9 and note the exemptions and pro rata calculations in s 10(3)-(4).
Records: format, timing, storage and backups
Adopt record templates that capture exactly the fields required by Schedule 3 for whole vehicles, specified parts, acquisitions and disposals (Schedule 3, ss 2-5).
Ensure records are stored at the notified premises for which they relate, or, where operating from multiple premises, ensure accessibility at each relevant premises (s 33(1)(b)-(2)). If operating solely from a vehicle as a repairer, note the exception in s 33(3).
If keeping hard copy records, comply with s 34 (white A4 paper, no erasures, legible, orderly categorisation). For electronic records, ensure displayability at each notified premises, timestamping of entries, an audit trail for amendments/deletions, and backups at least every 4 weeks (s 35(1)-(2)).
Implement sequential entry‑number generation and ensure numbers are unique and non‑reused (s 36). Keep a master log for entry numbers to demonstrate completeness.
Record required abbreviations exactly as permitted (s 37 and Schedule 3, s 1). Do not invent abbreviations outside the list.
Entry timing and authorised data entry
Enter all required information for a transaction or event within 1 business day (s 38(a)). Restrict access to person‑authorised staff and maintain an authorisation list to demonstrate compliance with s 38(b).
For electronic systems, ensure each record stores the date the record was made and that amendments store pre‑amendment content and amendment dates (s 35(1)(a) and (b)).
Labeling and receipts for parts and engines
Mark specified parts with the entry number using an indelible marking substance or attach a durable label if marking is impracticable (s 27(3)). Keep photographic evidence or a log demonstrating marking was done.
When disposing of engines, give the prescribed receipt with date, description, entry number and purchaser name/address, keep a copy for at least 6 years, and be prepared to produce copies to authorised officers (s 28(1)-(2)).
For recyclers disposing of specified parts, issue receipts that include licence number, disposal date, description, VIN of origin and buyer details, and retain copies for six years (s 29(1)).
Dealer’s notices and consignment agreements
Produce dealer’s notices from compliant books or software; books must have originals and duplicates, be consecutively machine‑numbered, and be used for one kind of notice only (ss 41-43). Software must be capable of displaying/printing approved form at every notified premises, be immutable (changes only by new notice), and include production dates (s 42).
Back up dealer’s notice software weekly (s 44(2)). Retain copies of notices for six years and provide them to authorised officers on request (s 45).
For consignment sales, use a written agreement with the items listed in s 48(2)(a)-(h), retain a copy and give a copy to the consignor. For consignment from another dealer, make reasonable inquiries to confirm ownership (s 49).
Advertising and consumer disclosure
Draft advertisements and pricing materials to include dealer’s charges where applicable and to state clearly that statutory charges will be payable; describe statutory charges only as “statutory charges” or “government charges” and avoid “on‑road costs” language (s 20).
When advertising damaged or defective motor vehicles, include the prescribed statements and the repair cost where a defect notice exists; ensure required text is clearly legible (s 21).
Do not represent vehicles as for sale if they are not for sale, and do not represent finance as available if it is unlawful or unavailable (s 22).
When advertising a specific second‑hand vehicle, include the registration number or stock/entry number (s 24).
Odometer and inspection obligations
If you know or suspect an odometer reading is false, do not publish that reading or rely on it during sale negotiations (s 23).
Facilitate reasonable examinations by prospective purchasers (s 25). Maintain inspection logs to demonstrate compliance.
Manager employment screening and exemptions
Vet applicants for manager roles for the specified disqualifying events over the last 10 years (s 30(1)(a)-(e)). If an ineligible person is identified, apply to the Secretary for an exemption no later than the first business day after notification or reasonable awareness (s 31(1)). Keep copies of exemption applications and any written directions from the Secretary (ss 30-31).
Cooling‑off form and deposits
Where dealer arranged or facilitated finance is involved, include the prescribed cooling‑off notice information in the contract above the purchaser’s signature and use Schedule 2 form text (s 58 and Schedule 2). Ensure deposit limits for online motor dealers do not exceed 10% as prescribed (s 57).
Backups, audit readiness and authorised officer interactions
Implement documented backup regimes (weekly for dealer notices, at least every 4 weeks for other electronic records) and maintain an audit trail for all amendments (ss 35(2), 44(2)). Keep documents available at notified premises for inspection (s 33(1)(b), s 45(b)).
Train staff on how to respond to authorised officer requests for copies of records and notices and retain a log of inspections and documents provided pursuant to authorised officer requests (ss 28(2), 45(b)).
Register and public disclosures
Be prepared for specified register entries including disciplinary actions, number of penalty notices and Compensation Fund claims allowed (s 14). Implement internal processes to monitor these items and to contest inaccuracies through available procedures under the Act where necessary.
IT and software compliance
If using software for dealer’s notices or records, ensure it meets the non‑editable, print/display and audit requirements in ss 42 and 35(1). Maintain vendor documentation, version records and backup logs to show immutability and daily/weekly backup practices.
Fees and refunds administration
Track the fee unit notified annually by the Secretary following ABS CPI publication and ensure fees charged and paid are correctly calculated and rounded according to Schedule 1, Part 2, cl 1(2)-(3). If surrendering a licence or handling estate matters, follow s 11 refund calculation rules and retain documentation evidencing surrender or death.
Insurance and Compensation Fund considerations
Understand the Compensation Fund exclusions (s 60) and the prescribed certification amount for loss (s 61). Ensure claims management complies with the Act and the regulation when making or defending claims.
Operational checklist summary
Confirm licence class and any online conditions.
Implement templates for acquisition/disposal records that map to Schedule 3.
Put in place sequential entry number logic and a unique master log.
Configure electronic systems to store timestamps, pre‑amendment audit records and meet backup frequencies.
Train staff in advertising language restrictions and the cooling‑off disclosure requirement.
Establish sign‑off and vetting procedures for managers, and an exemption workflow for prompt application to the Secretary.
Maintain a physical and electronic filing system that meets the format and retention requirements (six years).
Prepare for inspections: centralise copies of consignment agreements, trust account books, dealer’s notices and receipts in accessible formats at notified premises.
If these steps are implemented and evidenced (system logs, backup receipts, signed consignment agreements, receipts issued at disposal, and staff training records), a licence holder will be positioned to demonstrate compliance with the regulation’s prescriptive requirements during audits or inspections.
vehicle identification number or VIN has the same meaning as vehicle identifier has in the Road Transport Act 2013, section 82.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Definition of “financier”
4 Definition of “financier”
4 Definition of “financier”
For the Act, section 4(1), definition of financier, paragraph (c), the purpose of holding and enforcing security interests in motor vehicles as a secured creditor is prescribed.
5 Definition of “motor vehicle recycler”
5 Definition of “motor vehicle recycler”
5 Definition of “motor vehicle recycler”
For the Act, section 4(1), definition of motor vehicle recycler, paragraph (b), the following parts or accessories of motor vehicles are prescribed—
(a) airbags and air curtains (side-impact airbags),
(b) batteries for battery electric vehicles,
(c) bonnets and boot lids,
(d) bumper bars,
(e) catalytic converters,
(f) chassis,
(g) diesel particulate filters,
(h) doors, including hatchback doors,
(i) electronic and multimedia equipment,
(j) electronic keys, fobs and ignitions,
(k) engines, engine blocks and electric drive motors,
(l) final drives,
(m) gearboxes and transmissions,
(n) mudguards,
(o) headlights,
(p) instrument clusters and dashboards,
(q) major body sections,
(r) seats,
(s) vehicle infotainment systems, including computers and software,
(t) wheels.
Part 2 Licences
Part 2 Licences
Part 2 Licences
Division 1 General
Division 1 General
Division 1 General
6 Condition on online motor dealers’ licences—the Act, s 32
6 Condition on online motor dealers’ licences—the Act, s 32
6 Condition on online motor dealers’ licences—the Act, s 32
(1) This section applies to the motor dealer’s licence of an online motor dealer.
(2) The licence is subject to the condition that the dealer must not carry on the business of dealing in motor vehicles as an online motor dealer unless—
(a) the dealer has notified premises in New South Wales, and
(b) the URL of the online motor dealer’s website ends with “.au”.
7 Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
7 Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
7 Condition on certain licences prohibiting transfer or loan of licence—the Act, s 32
A licence, other than a tradesperson’s certificate, is subject to the condition that the licence holder must not—
(a) attempt to transfer or lend the licence to another person, or
(b) allow the use of the licence by another person.
8 Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
8 Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
8 Fees—the Act, ss 24, 33A(4)(b), 34(2), 36, 177(5) and 186(2)(b)
(1) The fees payable for the Act are listed in Schedule 1, Part 1, Column 1.
(2) The amount of each fee must be calculated by adding together the various components set out in Schedule 1, Part 1, Columns 2 and 3 in relation to the fee.
(3) An amount specified in relation to an application fee in Schedule 1, Part 1, Column 3 under the heading Processing component in fee units is taken to be a fee to cover the costs incurred by the Secretary in processing the application.
Note—
This amount is consequently a processing fee for the Licensing and Registration (Uniform Procedures) Act 2002, Part 2. If an application is made by electronic communication, the processing fee is discounted—see that Act, section 13. If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee—see that Act, sections 16 and 22.
9 Compensation Fund contributions—the Act, s 165A(2)
9 Compensation Fund contributions—the Act, s 165A(2)
9 Compensation Fund contributions—the Act, s 165A(2)
(1) The contribution required to be paid by the holder of a motor dealer’s licence for each of the licence holder’s notified premises is—
(a) an initial payment of—
(i) for a payment covering 1 year—9.48 fee units, or
(ii) for a payment covering 3 years—12.24 fee units, or
(iii) for a payment covering 5 years—20.40 fee units, or
(iv) for a payment covering any other period—9.48 fee units multiplied by the number of days for which the licence is to have effect and divided by 365, and
(b) for any subsequent period in which the licence is in force—a payment of—
(i) for a payment covering 1 year—1.39 fee units, or
(ii) for a payment covering 3 years—4.17 fee units, or
(iii) for a payment covering 5 years—6.95 fee units, or
(iv) for a payment covering any other period—1.39 fee units multiplied by the number of days for which the licence is to have effect and divided by 365.
(2) The contribution required to be paid by the holder of a motor vehicle repairer’s licence for each of the licence holder’s notified premises is—
(a) an initial payment of—
(i) for a payment covering 1 year—2.79 fee units, or
(ii) for a payment covering 3 years—3.69 fee units, or
(iii) for a payment covering 5 years—5.49 fee units, or
(iv) for a payment covering any other period—2.79 fee units multiplied by the number of days for which the licence is to have effect and divided by 365, and
(b) for any subsequent period in which the licence is in force—a payment of—
(i) for a payment covering 1 year—0.45 fee units, or
(ii) for a payment covering 3 years—1.35 fee units, or
(iii) for a payment covering 5 years—2.25 fee units, or
(iv) for a payment covering any other period—0.45 fee units multiplied by the number of days for which the licence is to have effect and divided by 365.
10 Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
10 Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
10 Compensation Fund contribution for dealing in motor vehicles on wholesale basis only—the Act, s 32(1)
(1) The Compensation Fund contribution set out in section 9 is not payable if the person carries on the business of dealing in motor vehicles on a wholesale basis only.
(2) The licence of a person who does not pay the contribution is subject to the condition that the person must not carry on the business of dealing in motor vehicles other than on a wholesale basis.
(3) If a licence is subject to a condition under this section, the licence holder may pay the contribution for specified notified premises and, on doing so, the condition ceases to apply in relation to the specified notified premises.
(4) For subsection (3), the amount of the contribution required to be paid for notified premises is—
(a) in relation to a 1-year licence—the amount specified in section 9(1)(a)(i), or
(b) in relation to a 3-year licence—
(i) if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence—the amount specified in section 9(1)(a)(ii), or
(ii) if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence—two-thirds of the amount specified in section 9(1)(a)(ii), or
(iii) if the payment is made more than 2 years after the grant, renewal or restoration of the licence—one-third of the amount specified in section 9(1)(a)(ii), or
(c) in relation to a 5-year licence—
(i) if the payment is made not more than 1 year after the date of the grant, renewal or restoration of the licence—the amount specified in section 9(1)(a)(iii), or
(ii) if the payment is made more than 1 year but not more than 2 years after the grant, renewal or restoration of the licence—four-fifths of the amount specified in section 9(1)(a)(iii), or
(iii) if the payment is made more than 2 years but not more than 3 years after the grant, renewal or restoration of the licence—three-fifths of the amount specified in section 9(1)(a)(iii), or
(iv) if the payment is made more than 3 years but not more than 4 years after the grant, renewal or restoration of the licence—two-fifths of the amount specified in section 9(1)(a)(iii), or
(v) if the payment is made more than 4 years after the grant, renewal or restoration of the licence—one-fifth of the amount specified in section 9(1)(a)(iii).
11 Partial refund of application fees for certain licences—the Act, s 186(2)(d)
11 Partial refund of application fees for certain licences—the Act, s 186(2)(d)
11 Partial refund of application fees for certain licences—the Act, s 186(2)(d)
(1) This section applies to an application fee—
(a) for a 3-year licence or 5-year licence, and
(b) paid by or for a person who—
(i) has surrendered the licence granted under the Act, or
(ii) if the person is an individual—has died.
(2) A person may apply to the Secretary for a refund of the application fee if the person—
(a) paid the application fee, or
(b) is applying for the person who paid the application fee, or
(c) is the legal representative of a deceased individual who paid the application fee.
(3) A person may not make an application for a refund if the licence was cancelled or suspended as a result of disciplinary action.
(4) An applicant is entitled to a refund of—
(a) for a 3-year licence—one-third of the application fee paid, other than the processing component, for each complete year remaining of the licence term, or
(b) for a 5-year licence—one-fifth of the application fee paid, other than the processing component, for each complete year remaining of the licence term.
(5) In this section—
application fee means an application fee for the grant, renewal or restoration of a licence.
processing component, of an application fee, means the amount set out in Schedule 1, Part 1, Column 3 in relation to the fee.
12 Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
12 Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
12 Power to waive, reduce, postpone or refund fees—the Act, s 186(2)(d)
The Secretary may waive, reduce, postpone or refund, in whole or in part, a fee payable or paid under the Act or this regulation if the Secretary is satisfied it is appropriate because—
(a) the person who must pay or has paid the fee is suffering financial hardship, or
(b) special circumstances exist.
Example of special circumstances—
circumstances involving a natural disaster or recovery from a natural disaster
13 Modification of Licensing Act—the Act, s 21(1) and (4)
13 Modification of Licensing Act—the Act, s 21(1) and (4)
13 Modification of Licensing Act—the Act, s 21(1) and (4)
The Licensing Act, Part 2, as it applies to a licence under the Act, is modified as follows—
(a) the part does not authorise an application for a licence under the Act to be made by a partnership,
(b) the Licensing Act, section 20(3)(b)(v) does not require a licence to include the date on which the licence comes into force.
14 Register of licences
14 Register of licences
14 Register of licences
For the Act, section 177(3), the following particulars of a licence must be included in the register of licences—
(a) the name of the licence holder,
(b) the licence number of the licence holder,
(c) the licence holder’s notified premises,
(d) the type of licence,
(e) the date of expiry of the licence,
(f) the current status of the licence,
(g) the conditions to which the licence is subject, other than conditions imposed by the Act or this regulation,
(h) if the licence holder is a corporation—the names of the directors of the corporation,
(i) disciplinary action taken against the licence holder under the Act or this regulation,
(j) the number of penalty notices issued to the licence holder in relation to offences against the Act or this regulation,
(k) if the licence holder has been found guilty of an offence under the Act or this regulation—the date of the offence,
(l) whether an administrator of the affairs and property of the licence holder has been appointed under the Act, Part 5, Division 5,
(m) the number of claims made against the Compensation Fund arising from the conduct of the licence holder that have been allowed by the Secretary.
15 Register of Undertakings—the Act, s 107(2)
15 Register of Undertakings—the Act, s 107(2)
15 Register of Undertakings—the Act, s 107(2)
The following particulars are prescribed in relation to deeds under which a licence holder gives an undertaking under the Act, Part 5, Division 1—
(a) the licence holder’s name and licence number,
(b) the address of each place of business at which the licence holder may carry on business under the licence,
(c) the date on which the undertaking was given by the licence holder,
(d) brief particulars of the circumstances or unjust conduct that led to the giving of the deed,
(e) a summary of the undertakings given in the deed.
Division 2 Tradespersons’ certificates
Division 2 Trade
This is an opening excerpt, not the complete document.