Motor Vehicle Traders Regulations 2012

Motor Vehicle Traders Regulations 2012

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Motor Vehicle Traders Act 2011 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

NICK McKIM

Minister for Corrections and Consumer Protection

1.   Short title

These regulations may be cited as the Motor Vehicle Traders Regulations 2012 .

2.   Commencement

These regulations take effect on 1 March 2012.

3.   Interpretation

In these regulations –

Act means the Motor Vehicle Traders Act 2011 ;

Public Trustee has the same meaning as in the Public Trustee Act 1930 .

4.   Fees

(1)  In this regulation –

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

(2)  The fees specified in Schedule 1 are prescribed as the fees payable to the Director in respect of the matters to which they relate.

(3)  The fees specified in Schedule 1 are GST exempt.

5.   Pre-sale disclosure statement

A pre-sale disclosure statement –

(a) is to be in the form, and contain the information required by the form, set out in Schedule 2 ; and

(b) may contain additional relevant disclosures and other information as the licensed motor vehicle trader providing the pre-sale disclosure statement considers appropriate.

6.   Exemption for Public Trustee

The Public Trustee is exempt from the operation of section 6 of the Act.

7.   Exemption for fleet vehicles

(1)  In this regulation –

prescribed business means a business other than –

(a) the business of dealing in motor vehicles; or

(b) the business of renting or hiring motor vehicles to customers of the business.

(2)  If the owner of a prescribed business –

(a) buys or exchanges motor vehicles for the purpose of forming or maintaining a fleet of vehicles used, or to be used, for the purposes of the prescribed business; or

(b) sells or exchanges any motor vehicles that were a part of such a fleet of vehicles for the purpose of renewal, reorganisation or rationalisation of the fleet of vehicles or for the purpose of winding up the prescribed business –

the owner is exempt from the operation of section 6 of the Act in relation to the buying, sale or exchange of those vehicles.

8.   Exemption for vehicles in deceased estate

A motor vehicle that –

(a) is part of the estate of a deceased person; and

(b) was not owned by the deceased person for the purposes of selling or exchanging it as part of the business of a licensed motor vehicle trader; and

(c) is sold by the executor or trustee of the estate of the deceased person in the administration of that estate –

is exempt from the operation of section 6 of the Act in relation to that sale.

9.   Exemption for wholesale motor vehicle dealers

A person who sells or exchanges motor vehicles on wholesale terms is exempt from the operation of section 6 of the Act in relation to those sales and exchanges.

10.   Infringement offences and penalties

For the purposes of section 53 of the Act –

(a) an offence against a section of the Act specified in column 2 of the table in Schedule 3 is an infringement offence; and

(b) the penalty specified in column 3 of that table in respect of the relevant infringement offence is prescribed as the penalty payable under an infringement notice issued and served for that offence.

SCHEDULE 1 - Fees

Regulation 4

SCHEDULE 2 - Pre-sale Disclosure Statement

Regulation 5

SCHEDULE 3 - Infringement Offences and Penalties

Regulation 10

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 February 2012

These regulations are administered in the Department of Justice.