Motor Vehicle Traders Regulations 2022

Motor Vehicle Traders Regulations 2022

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 .

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Workplace Safety and Consumer Affairs

1.   Short title

These regulations may be cited as the Motor Vehicle Traders Regulations 2022 .

2.   Commencement

These regulations take effect on 28 February 2022.

3.   Interpretation

In these regulations –

Act means the Motor Vehicle Traders Act 2011 .

4.   Exemption for the Public Trustee

The Public Trustee, within the meaning of the Public Trustee Act 1930 , is exempt from the operation of section 6 of the Act.

5.   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 out motor vehicles to customers of the business.

(2)  The owner of a prescribed business is exempt from the operation of section 6 of the Act, in relation to the buying, selling or exchange of motor vehicles, if the owner –

(a) buys or exchanges the 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 a motor vehicle that was part of such a fleet of vehicles for the purpose of –

(i) renewing, reorganising or rationalising the fleet of vehicles; or

(ii) winding up the prescribed business.

6.   Exemption for wholesale motor vehicle dealers

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

7.   Pre-sale disclosure statement

A pre-sale disclosure statement –

(a) is to be in a form approved by the Director; and

(b) is to contain the following information:

(i) the motor vehicle trader licence number for the licensed motor vehicle trader who is making the statement;

(ii) the make, model and registration number of the vehicle to which the statement relates;

(iii) such other information as determined by the Director; and

(c) may contain additional relevant disclosures, or other information, as the licensed motor vehicle trader making the pre-sale disclosure statement considers appropriate.

8.   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 –

(a) prescribed as the fees payable to the Director in respect of the matters to which they relate; and

(b) specified exclusive of GST.

9.   Infringement offences and penalties

For the purposes of section 53 of the Act –

(a) an offence against a section of the Act, as specified in the table in Schedule 2 , is prescribed as an infringement offence; and

(b) the penalty specified, in the table in Schedule 2 , in respect of such an offence is prescribed as the penalty payable under an infringement notice issued and served for that offence.

SCHEDULE 1 - Fees

Regulation 8

SCHEDULE 2 - Infringement Offences

Regulation 9

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

Notified in the Gazette on 28 February 2022

These regulations are administered in the Department of Justice.