Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Traders (Licensing) Regulation 2017
SL2017-21
made under the
Traders (Licensing) Act 2016
Republication No 2
Effective: 2 October 2018
Republication date: 2 October 2018
Last amendment made by A2018-33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Traders (Licensing) Regulation 2017, made under the Traders
(Licensing) Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 2 October 2018. It also includes any commencement,
amendment, repeal or expiry affecting this republished law to 2 October 2018.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation Act
2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an
individual and $750 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Traders (Licensing) Regulation 2017
made under the
Traders (Licensing) Act 2016
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
Part 2 Eligibility of entity
5 Eligibility requirement—Act, s 17 (1) 3
Part 3 Suitability of entity
6 Meaning of insolvent—pt 3 4
7 Suitability information—Act, s 18 (a) (i) 4
8 Suitability information—entity in certain trader categories—Act,
s 18 (a) (i) 6
Contents
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Part 4 Licence conditions—Act, s 20 (1) (c)
9 Notification of certain new information 7
Part 5 Licensing and licence management
10 Transferable licences—Act, s 24 (1) 9
11 Notification of application in certain trader categories 9
Part 6 Motor vehicle repairer licences
12 Definitions—pt 6 11
13 Motor vehicle repairer—equipment, materials and skill for carrying out
work 11
14 Motor vehicle repairer—agreement for repairs 11
15 Motor vehicle repairer—additional repairs 12
16 Motor vehicle repairer—time to carry out work 13
17 Motor vehicle repairer—replaced parts 13
18 Motor vehicle repairer—information sheet 13
19 Motor vehicle repairer—warranties and guarantees 14
Dictionary 15
Endnotes
1 About the endnotes 16
2 Abbreviation key 16
3 Legislation history 17
4 Amendment history 17
5 Earlier republications 18
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Australian Capital Territory
Traders (Licensing) Regulation 2017
made under the
Traders (Licensing) Act 2016
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Traders (Licensing) Regulation 2017.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘motor vehicle repair work—see the
Fair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary.’
means that the term ‘motor vehicle repair work’ is defined in that
dictionary and the definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Eligibility of entity Part 2
Section 5
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Part 2 Eligibility of entity
5 Eligibility requirement—Act, s 17 (1)
Each relevant person for an entity must be an adult.
Note An entity may be an individual, a partnership, a corporation or an
association. For the relevant person for each form of entity see the Act,
dictionary, definition of relevant person.
Part 3 Suitability of entity
Section 6
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Part 3 Suitability of entity
6 Meaning of insolvent—pt 3
In this part:
insolvent—a corporation is taken to be insolvent if the corporation—
(a) has had a receiver or other controller appointed; or
(b) has entered into a deed of company arrangement with the
corporation’s creditors; or
(c) is otherwise under external administration under the
Corporations Act, chapter 5.
7 Suitability information—Act, s 18 (a) (i)
(1) Information about the following in relation to an entity is prescribed:
(a) a contravention of a relevant law;
(b) a conviction or a finding of guilt for an offence under a relevant
law;
(c) a conviction or finding of guilt for an offence involving fraud or
dishonest conduct;
(d) a contravention of a licence condition for a licence issued under
a relevant law;
(e) being refused a licence under a relevant law;
(f) having a licence cancelled or revoked under a relevant law;
(g) whether it is in the public interest to issue a licence to the entity.
Note A conviction does not include a spent conviction or an extinguished
conviction (see Spent Convictions Act 2000, s 16 (c) (i) and
s 19H (1) (c) (i)).
Suitability of entity Part 3
Section 7
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(2) Information about the following in relation to a relevant person for an
entity is prescribed:
(a) a matter prescribed for an entity in subsection (1);
(b) in the past 3 years being or having been—
(i) involved in the management of a corporation when the
corporation was insolvent; or
(ii) bankrupt or personally insolvent.
Note Bankrupt or personally insolvent—see the Legislation Act,
dict, pt 1.
(3) By making an application for a traders licence, an entity permits the
commissioner to enquire about and access prescribed suitability
information in relation to the entity and each relevant person for the
entity, including a person who becomes a relevant person after the
entity is licensed.
Note It is a condition of a licence that a licensee must tell the commissioner if
a person becomes a relevant person for the licensee (see s 9 (1) (f)).
(4) In this section:
corresponding law, for an entity, means—
(a) the Australian Consumer Law (ACT); and
(b) the Competition and Consumer Act 2010 (Cwlth); and
(c) a law of another jurisdiction corresponding, or substantially
corresponding, to—
(i) the Act; or
(ii) the operational Act for the entity’s trader category; or
Part 3 Suitability of entity
Section 8
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(iii) the Australian Consumer Law (ACT).
Note A reference to an Act (including a Commonwealth Act) includes a
reference to the statutory instruments made or in force under the Act,
including any regulation (see Legislation Act, s 104).
relevant law, for an entity, means—
(a) the Act; and
(b) the operational Act for the entity’s trader category; and
(c) a corresponding law for the entity.
8 Suitability information—entity in certain trader
categories—Act, s 18 (a) (i)
(1) This section applies to an entity in the following trader categories:
(a) motor vehicle dealer;
(b) motor vehicle wholesaler.
(2) Information about the following in relation to the entity is prescribed:
(a) if the entity is a corporation—the entity being or having been
insolvent in the last 3 years;
(b) in relation to the entity’s proposed business operation—
(i) the entity’s material and financial resources; and
(ii) the scope of the proposed business operation; and
(iii) any liability the entity may incur in the course of carrying
on business.
Licence conditions—Act, s 20 (1) (c) Part 4
Section 9
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Part 4 Licence conditions—
Act, s 20 (1) (c)
9 Notification of certain new information
(1) It is a condition of a licence that a licensee must tell the commissioner
the following:
(a) if the licensee’s name changes—the new name;
(b) if the licensee’s trading name changes—the new trading name;
(c) if the licensee’s trading address changes—the new trading
address;
(d) if the licensee’s email address changes—the new email address;
(e) if a person ceases to be a relevant person for the licensee—
(i) the name of the person; and
(ii) the date on which the person will cease or ceased to be a
relevant person;
(f) if a person becomes a relevant person for the licensee—
(i) the name of the person; and
(ii) the date on which the person will become or became a
relevant person for the licensee;
(g) any other change in circumstances that relates to whether the
licensee is a suitable entity.
Examples—par (g)
1 a finding of guilt for an offence under an operational Act
2 a relevant person becoming bankrupt or personally insolvent
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it
appears (see Legislation Act, s 126 and s 132).
Part 4 Licence conditions—Act, s 20 (1) (c)
Section 9
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(2) It is a condition of a licence that the licensee tells the commissioner
the information required under subsection (1) no more than
10 business days after the day the information becomes relevant.
Examples—day information becomes relevant
1 the day a new trading name is first used
2 the day a person ceases to be a relevant person
Licensing and licence management Part 5
Section 10
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Part 5 Licensing and licence
management
10 Transferable licences—Act, s 24 (1)
The following trader categories are prescribed:
(a) motor vehicle dealer;
(b) motor vehicle repairer;
(c) motor vehicle wholesaler;
(d) pawnbroker;
(e) second-hand dealer.
11 Notification of application in certain trader categories
(1) This section applies if an entity in 1 of the following trader categories
makes an application under the Act, section 22 (Licence application)
or section 24 (Transfer application):
(a) motor vehicle dealer;
(b) motor vehicle wholesaler.
(2) The relevant person for the applicant must, within 7 days of making
the application, give public notice of the application.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(3) The public notice must state—
(a) the name of the applicant; and
(b) the name of each relevant person; and
(c) the type of licence applied for; and
(d) the proposed trading name of the applicant; and
(e) the proposed trading address or addresses of the applicant; and
Part 5 Licensing and licence management
Section 11
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(f) how to contact the commissioner; and
(g) that any person who objects to the issue of the licence to the
applicant may tell the commissioner, in writing, about the
objection within 14 days of publication of the notice.
Note In deciding whether an entity is a suitable entity to hold a licence
the commissioner must consider whether it is in the public interest
to issue a licence to an applicant (see s 7 (1) (g)).
Motor vehicle repairer licences Part 6
Section 12
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Part 6 Motor vehicle repairer licences
12 Definitions—pt 6
In this part:
licence means a licence issued for a trader in the motor vehicle
repairer trader category.
motor vehicle repair work—see the Fair Trading (Motor Vehicle
Repair Industry) Act 2010, dictionary.
13 Motor vehicle repairer—equipment, materials and skill for
carrying out work
(1) The Minister may give directions about the equipment, materials and
skills necessary to perform work on a motor vehicle, part or system
satisfactorily.
(2) It is a requirement of a licence that motor vehicle repair work
performed by the licensee, or an employee of the licensee, on a motor
vehicle, part or system must be performed in accordance with any
directions under subsection (1).
(3) A direction is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
14 Motor vehicle repairer—agreement for repairs
(1) It is a requirement of a licence that, before performing motor vehicle
repair work for a person that is expected to cost the person $150 or
more, the licensee must—
(a) give the person an estimate of the cost of the work; and
(b) give the estimate, in writing, if asked by the person to do so.
Part 6 Motor vehicle repairer licences
Section 15
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(2) However, if it is not reasonably practicable to give an estimate of the
cost of work without first undertaking diagnostic work, it is a
requirement of the licence that, when performing the diagnostic work
for a person, the licensee must—
(a) give the person a written estimate of the cost of the diagnostic
work; and
(b) if the diagnosis is likely to result in any damage to the motor
vehicle—tell the person of that fact in writing; and
(c) obtain the person’s written authorisation for the licensee to
perform the diagnostic work, unless the person has agreed
otherwise; and
(d) after the diagnosis and before the licensee repairs the vehicle—
(i) give the person an estimate of the cost of repairs; and
(ii) obtain the person’s authority to perform the repairs
specified in the estimate.
(3) It is a requirement of a licence that, when performing motor vehicle
repair work for a person after giving an estimate to the person, the
licensee must tell the person of any variation in the cost from the
estimate.
(4) It is a requirement of a licence that the licensee must keep records of
written or verbal estimates and quotes given to a person.
15 Motor vehicle repairer—additional repairs
It is a requirement of a licence that, before performing work for a
person or using parts not agreed to by a person in the estimate of
work, the licensee must—
(a) explain to the person—
(i) what the additional work or part is; and
(ii) what the cost of the work or part is; and
Motor vehicle repairer licences Part 6
Section 16
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(b) obtain the person’s authorisation to—
(i) conduct the work or install the part; and
(ii) charge for the additional work or installation.
16 Motor vehicle repairer—time to carry out work
It is a requirement of a licence that the licensee must—
(a) complete motor vehicle repair work within a reasonable time;
and
(b) tell the person for whom the work was done how much time was
spent performing the work.
17 Motor vehicle repairer—replaced parts
(1) It is a requirement of a licence that, on completing motor vehicle
repair work for a person, the licensee must offer to give the person
any part that was replaced as part of the work.
(2) It is a requirement of a licence that the licensee must not charge the
person a fee for the disposal of a replaced part or oil unless there is a
sign clearly displayed at the licensee’s premises stating that a fee will
be charged for the disposal.
(3) If the person chooses to take the replaced part away from the
licensee’s premises, the licensee must refund any fee paid for the
disposal of the part.
18 Motor vehicle repairer—information sheet
(1) The commissioner may approve an information sheet about motor
vehicle repair work.
(2) It is a requirement of a licence that, before performing motor vehicle
repair work for a person, the licensee must make available any
information sheet approved under subsection (1).
Part 6 Motor vehicle repairer licences
Section 19
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(3) An approved information sheet is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
19 Motor vehicle repairer—warranties and guarantees
It is a requirement of a licence that, on completing motor vehicle
repair work for a person, the licensee must give the person a signed
copy of any warranty or guarantee relating to workmanship, parts or
service provided by the licensee.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• adult
• bankrupt or personally insolvent
• Corporations Act
• entity
• liability
• public notice.
Note 3 Terms used in this regulation have the same meaning that they have in
the Traders (Licensing) Act 2016 (see Legislation Act, s 148).
For example, the following terms are defined in the
Traders (Licensing) Act 2016, dict:
• commissioner
• motor vehicle dealer (see s 9)
• motor vehicle repairer (see s 10)
• motor vehicle wholesaler (see s 11)
• operational Act (see s 6)
• relevant person
• suitable entity (see s 18)
• trader (see s 7)
• trader category (see s 7)
• trading address (see s 15)
• trading name (see s 15).
insolvent, for part 3 (Suitability of entity)—see section 7.
licence, for part 6 (Motor vehicle repairer licences)—see section 13.
motor vehicle repair work, for part 6 (Motor vehicle repairer
licences)—see the Fair Trading (Motor Vehicle Repair
Industry) Act 2010, dictionary.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Traders (Licensing) Regulation 2017 SL2017-21
notified LR 20 July 2017
s 1, s 2 commenced 20 July 2017 (LA s 75 (1))
remainder commenced 22 August 2017 (s 2 and see Traders
(Licensing) Act 2016 A2016-46, s 2)
as amended by
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 14
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
pt 14 commenced 2 October 2018 (s 2 (1))
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Transferable licences—Act, s 24 (1)
s 10 am A2018-33 s 120; pars renum R2 LA
Notification of application in certain trader categories
s 11 am A2018-33 s 121; pars renum R2 LA
Dictionary
dict am A2018-33 s 122