Motor Vehicle Traders Regulations 2012


Tasmanian Crest
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 .

20 February 2012

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

Column 1

Item No.

Column 2

Section of Act

Column 3

Matter

Column 4

Fee (fee units)

1. 

Section 9(2)(h)

Application for motor vehicle trader licence

115

2. 

Section 14(1)

Issue of motor vehicle trader licence

986

3. 

Section 19(b)

Replacement of motor vehicle trader licence

20

SCHEDULE 2 - Pre-sale Disclosure Statement

Regulation 5

[Schedule 2 Amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021]

The Motor Vehicle Traders Act 2011 requires the following questionnaire to be completed by the licensed motor vehicle trader and displayed prominently on any used motor vehicle offered for sale or exchange. A copy is also included in the contract of sale or exchange and forms part of the contract.

These disclosures relate to the motor vehicle described below.

Motor vehicle trader licence number

 

Make of vehicle

 

Model of vehicle

 

Registration number

 

Expiry date

 

Date compliance plate fitted to vehicle or date the vehicle was entered on the RAV via an entry pathway under section 15(2) of the RVSA

 

VIN

 

Odometer reading

 

Total price

 

Is vehicle eligible for a statutory warranty?

 

NOTICE

Persons considering purchasing this vehicle should seek appropriate advice as to its condition and fitness for purpose.

 

DECLARATION

I, ……………………………………………………, declare that I am a licensed motor vehicle trader and I have filled out this disclosure statement accurately and in good faith.

Motor vehicle trader licence number: ………………………….

 

Signature: …………………………………

Date: ………………………………………

 
SCHEDULE 3 - Infringement Offences and Penalties

Regulation 10

Column 1

Column 2

Column 3

Item No.

Section of Act

Penalty (penalty units)

1. 

Section 10

4

2. 

Section 24(2)

4

3. 

Section 25(5)

4

4. 

Section 28(1)

40

5. 

Section 29(1)

40

6. 

Section 29(2)

40

7. 

Section 29(3)

40

8. 

Section 30(2)

40

9. 

Section 31(1)

40

10. 

Section 31(2)

40

11. 

Section 31(3)

40

12. 

Section 32

40

13. 

Section 33

40

14. 

Section 34(1)

20

15. 

Section 35(2)

20

16. 

Section 35(3)

40

17. 

Section 36(2)

40

18. 

Section 37(1)

20

19. 

Section 37(3)

20

20. 

Section 38(1)

20

21. 

Section 38(2)

20

22. 

Section 39

20

23. 

Section 40

40

24. 

Section 41(1)

2

25. 

Section 41(2)

2

26. 

Section 48(3)

40

27. 

Section 50(6)

40

28. 

Section 51

40

29. 

Section 52

40

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.