Motor Car Traders (General) Regulations 2018

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STATUTORY RULES 2018

S.R. No. /2018

Motor Car Traders Act 1986

The Governor in Council makes the following Regulations:

Dated:

Responsible Minister:

MARLENE KAIROUZ

Minister for Consumer Affairs, Gaming and Liquor

Regulation

Clerk of the Executive Council

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to prescribe

exemptions, forms, prohibited conduct, agreements,

matters relating to warranties and other matters

under the Motor Car Traders Act 1986.

2 Authorising provision

These Regulations are made under section 90 of the

Motor Car Traders Act 1986.

3 Commencement

These Regulations come into operation on 1 March

2018.

4 Revocation

The following regulations are revoked—

(a) the Motor Car Traders Regulations 2008

;

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(b) the Motor Car Traders Amendment

Regulations 2010

;

(Infringements) Regulations 2010;

(d) the Motor Car Traders Amendment (Red

Tape Reduction) Regulations 2014;

(e) the Motor Car Traders Amendment

Regulations 2017.

5 Definitions

(1) In these Regulations—

associated business has the meaning given by

regulation 6;

auction business, in relation to a used motor car,

means a business selling, or offering to sell,

the motor car by auction in the course of its

business;

Australian Business Number has the same

meaning as in the A New Tax System

(Australian Business Number) Act 1999 of

the Commonwealth;

compliance date means the date stamped on a

vehicle’s compliance plate in accordance

with the Motor Vehicle Standards Act

1989 of the Commonwealth;

LMCT means a licensed motor car trader;

police check means a certificate from the Chief

Commissioner of Police that indicates that

the person is not ineligible to be employed

by a motor car trader in a customer service

capacity under section 35A(1)(b) of the Act;

publish means to make generally known by any

means, including by means of print,

broadcast or electronic communication;

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relevant financial interest, in relation to a

business, means—

(a) any share in the capital of the business;

(b) any entitlement to receive any income

derived from the business; or

as a result of money advanced to the

business;

relevant position, in relation to a business, means

the position of director, manager or other

executive position or secretary, however that

position is designated;

relevant power, in relation to a business, means

any power, whether exercisable by voting or

otherwise and whether exercisable alone or

in association with others—

(a) to participate in any directorial,

managerial or executive decision in the

business; or

(b) to elect or appoint any person to any

relevant position in the business;

the Act means the Motor Car Traders Act 1986;

trade auction means an auction at which only

licensed motor car traders or persons acting

on their behalf may bid;

truck has the same meaning as in the Road Safety

Act 1986.

6 Meaning of associated business

For the purposes of these Regulations,

businesses are associated businesses if—

(a) they are carried on by the same person; or

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(b) one business is carried on by a person and

the other business is carried on by a person

who is—

(i) a spouse or domestic partner of that

person; or

(ii) a business partner of that person; or

(iii) directly receiving any income derived

from the business carried on by the

other person; or

corporate and the other business is carried on

by a person who—

(i) is a director or secretary of the body

corporate or a spouse or domestic

partner of such a director or secretary;

(ii) holds or will hold any relevant financial

interest, or is or will be entitled to

exercise any relevant power (whether in

the person's own right or on behalf of

any other person), in the business of the

body corporate under which the person

is able or will be able to exercise a

significant influence over or with

respect to the management or operation

of that business; or

(iii) holds or will hold any relevant position

(whether in the person's own right or on

behalf of any other person) in the

business of the body corporate; or

(iv) is a related body corporate within the

meaning of section 9 of the

Corporations Act or a director or

secretary, or a spouse or domestic

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partner of a director or secretary, of a

related body corporate.

7 Exemptions

(1) The following classes of sales are exempt from

the operation of the Act—

(a) the sale at a public auction of a motor car

owned or used by a council within the

meaning of the Local Government

Act 1989;

(b) the sale at a public auction of a motor car

owned by the executor or administrator of

the estate of a deceased person;

(i) that at the time of the auction is

damaged, if the reasonable cost to

repair the damage would be more than

$4800 or would exceed the value of the

motor car; and

(ii) that is owned by a person who carries

on the business of insuring motor cars

if the motor car is sold in the course of

that business.

(2) Motor cars other than used motor cars are exempt

from the operation of section 35(1) of the Act.

(3) Sales at public auction of damaged motor cars,

recovered stolen motor cars and trucks are exempt

from the operation of section 50G(1)(b) of the

Act.

(4) Sales of damaged motor cars, recovered stolen

motor cars and trucks are not exempt for the

purposes of subregulation (3) if the car or truck is

owned by the auction business or by an associated

business.

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(5) AKN Pty Ltd ACN 120 745 851 is exempt from

the operation of the Act.

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Part 2—Forms

8 Prescribed sign

For the purposes of section 34 of the Act—

(a) the prescribed form is Form 1 set out in

Schedule 1;

(b) the prescribed particulars are set out in Form

1 in Schedule 1.

9 Dealings book

(1) For the purposes of section 35(1) of the Act, the

prescribed form of the dealings book is Form 2 set

out in Schedule 1.

(2) For the purposes of section 35(2)(a) of the Act—

(a) the prescribed matters required to be entered

in the dealings book at the time of purchase

or acquisition by way of exchange of a used

motor car or at the time of receiving a used

motor car into custody or possession for the

purpose of sale or exchange are set out in

Form 2 under the heading "ACQUISITION

DETAILS";

(b) the prescribed matters required to be entered

in the dealings book at the time of sale or

disposal by way of exchange of a used motor

car are set out in Form 2 under the heading

"DISPOSAL DETAILS".

(3) For the purposes of section 35(8)(a)(i) of the Act

the prescribed manner is—

(a) in the case of a motor car acquired from a

natural person, that the paper document

contains the full name and residential

address of that person;

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(b) in the case of a motor car acquired from a

business, that the paper document contains

the name, address of the principal place of

business and the Australian Business

Number of that business;

(4) For the purposes of section 35(8)(a)(ii) of the Act,

the prescribed manner is that the paper document

contains—

(a) in the case of an auctioneer who is a natural

person, the name and address of the

auctioneer; or

(b) in the case of an auctioneer who is an auction

business, the name, address of the principal

place of business and the Australian

Business Number of the auction business.

(5) For the purposes of subregulation (3) and (4), a

paper document must record in respect of the

specified motor car—

(a) the registration number of the motor car; or

(b) the trader's stock number; or

number or the chassis number of the motor

car.

(6) For the purposes of section 35(8)(b), the

prescribed manner is that the following

information recorded in the paper document is

recorded in the dealings book—

(a) the registration number of the motor car; or

(b) the trader's stock number; or

number or the chassis number of the motor

car.

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(7) For the purposes of sections 35(8)(a) and 35(9)(b)

of the Act, a paper document is signed as

prescribed—

(a) in the case of a motor car that is acquired

from a natural person, if it is signed by that

person;

(b) in the case of a motor car that is acquired

from a business, if it is signed by a person

authorised to sign on behalf of that business;

auction, if it is signed by a person authorised

to sign on behalf of the auction business.

10 Declaration of eligibility of potential employees

For the purposes of section 35A(3) of the Act, the

prescribed form of the notice is Form 3 set out in

Schedule 1.

11 Forms of notice to be displayed on used vehicle

(1) For the purposes of section 52(1) and (2)(g) of the

Act, the prescribed form of the notice and the

prescribed particulars are in Part B of Form 4 set

out in Schedule 1.

(2) A notice referred to in subregulation (1) must—

(a) be printed, typed or written in a clear and

legible manner; and

(b) if it contains an advertisement display the

advertisement within a border under a

printed or typed heading

“ADVERTISEMENT” that is the most

prominent text in the document; and

other document.

12 Form and notice of absence of warranty

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For the purpose of section 54(2C) of the Act, the

required form of notice is Part A of Form 4 set out

in Schedule 1.

13 Form of defect notice

For the purposes of section 55(1) of the Act, the

prescribed form is Form 5 set out in Schedule 1.

14 Statement verifying document to inspector

For the purposes of section 82AA(1B) of the Act,

the prescribed statement is Form 6 set out in

Schedule 1.

15 Inspectors’ powers forms

For the purposes of section 82AM(1) of the Act,

the prescribed form is Form 7 set out in Schedule

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Part 3—Conduct by motor car traders

16 Prescribed changes in relation to licensee

For the purposes of section 20 of the Act, a

prescribed change is if—

(a) a licensee ceases to carry on business as a

motor car trader under a name authorised

under a licence; or

(b) a licensee commences carrying on business

as a motor car trader under a name or names

in addition to or in substitution for the name

of the licensee; or

telephone number of any premises from

which a motor car trading business is

conducted; or

(d) a licensee changes the address of any

Internet site maintained by the licensee for

the purpose of the motor car trading

business; or

(e) there is a change in the majority

shareholding of a body corporate that is a

licensee; or

(f) a person ceases to be or is appointed as a

company secretary of a body corporate that

is a licensee; or

(g) a person ceases to be or is appointed as a

manager of the motor car trading business.

17 Trader to supervise servants and agents

A motor car trader must supervise and control

each servant and agent of the trader, to ensure that

the provisions of the Act and these Regulations

are complied with.

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Penalty: 10 penalty units.

18 Advertisement or statement in relation to motor car

trading business

A motor car trader, or a servant or agent of the

trader, who publishes or causes to be published an

advertisement or statement in relation to the

trader's business of trading in motor cars must

include in the advertisement or statement the

letters "LMCT" followed by the licence number of

the motor car trader.

Penalty: 10 penalty units.

19 Advertisement offering used motor car for sale

(1) A motor car trader, or a servant or agent of the

trader, who publishes or causes to be published an

advertisement offering a used motor car for sale,

must include the following information in the

advertisement—

(a) the single price of the motor car, inclusive of

all fees and duties;

(b) if the motor car is registered, the registration

number;

(i) the vehicle identification number; or

(ii) in the case that the vehicle

identification number is not reasonably

ascertainable, any other number by

which the motor car may be identified.

Penalty: 10 penalty units.

(2) Subregulation (1)(a) does not apply if the used

motor car is being advertised for sale by public

auction or at a trade auction.

(3) Subregulations (1)(b) and (c) do not apply if—

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(a) the motor car trader, servant or agent

publishes or causes to be published an

advertisement on television, movie film,

radio or in any other electronic and broadcast

communication offering for sale a batch of

six or more used motor cars of the same

model; or

(b) the used motor car is being advertised for

sale by public auction or at a trade auction

and the information referred to in

subregulation (1)(b) and (c) is provided in

writing to a person attending the auction on

request.

(4) A used motor car referred to in subregulations (2)

and (3)(b) does not include a motor car owned by

the auction business or an associated business or a

motor car that is available for purchase before the

auction.

20 Advertisement – used motor car for sale by person

other than motor car trader

(1) A person, other than a motor car trader or a

servant or an agent of a motor car trader, who

publishes or causes to be published an

advertisement offering a used motor car for sale in

a newspaper generally circulating in the whole or

any part of Victoria or in a motor car specialist

magazine generally circulating in the whole of

Victoria, must include the following information

in the advertisement—

(a) the single price of the motor car, inclusive of

all fees and duties;

(b) if the motor car is registered, the registration

number;

(i) the vehicle identification number; or

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(ii) in the case that the vehicle

identification number is not reasonably

ascertainable, any other number by

which the motor car may be identified.

Penalty: 10 penalty units.

(2) Subregulation (1)(a) does not apply if the used

motor car is being advertised for sale by public

auction or at a trade auction.

(3) Subregulation (1)(b) and (c) do not apply if the

used motor car is being advertised for sale by

public auction or at a trade auction and the

information referred to in subregulation (1)(b) and

auction on request.

(4) A used motor car referred to in subregulations (2)

and (3) does not include a motor car owned by the

auction business or an associated business or a

motor car that is available for purchase before the

auction.

21 Manner of advertisement or statement

A person who publishes or causes to be published

an advertisement or statement referred to in

regulation 18, 19 or 20 must ensure that any text

included in the advertisement or statement is

printed, typed or written in a clear and legible

manner.

Penalty: 10 penalty units.

22 Deposit given before tests to be returned

(1) If a person—

(a) deposits with a motor car trader money or

something of value and takes possession of a

motor car for the purpose of a driving trial or

an examination or test; and

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(b) subsequently returns the motor car and does

not enter into an agreement to purchase it—

the motor car trader must refund or return the

money or valuable thing to the person

immediately on demand by that person.

Penalty: 10 penalty units.

(2) If a purchaser—

(a) enters into a conditional agreement with a

motor car trader to purchase a motor car; and

(b) deposits with the motor car trader money or

something of value prior to a driving trial or

an examination or test; and

agreement—

the motor car trader must refund or return the

money or valuable thing to the purchaser

immediately on demand by the purchaser.

Penalty: 10 penalty units.

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Part 4—Agreements and warranties

23 Agreement for sale of used motor car

For the purposes of section 41(1)(a) of the Act,

the prescribed particulars, terms and conditions

are set out in Schedule 2.

24 Agreement for sale of new motor car

For the purposes of section 42(1) of the Act, the

prescribed particulars, terms and conditions are set

out in Schedule 3.

25 Terms relating to certain matters to be in sale

agreement

If a motor car trader enters into an agreement for

the sale of a used motor car and agrees as part of

the agreement—

(a) to have defects in the motor car repaired or

made good; or

(b) to supply and fit any part or accessory to the

motor car; or

any other respect to pay an amount or make

an arrangement regarding the registration,

duty or insurance relating to the motor car—

the motor car trader must ensure that the terms of

the agreement as to the matters referred to in

paragraph (a), (b) or (c) are set out in writing in

the agreement.

Penalty: 10 penalty units.

26 Warranties

For the purposes of section 54(4)(d) of the Act,

the prescribed accessories are the following—

(a) radios;

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(b) cassette players;

(d) telephones and in-car telephone kits;

(e) car aerials;

(f) clocks;

(g) cigarette lighters;

(h) body hardware that is not standard to the

motor car;

(i) power outlets, including cigarette lighter

sockets;

(j) tools other than jacks and wheel braces;

(k) light globes;

(l) sealed beam lights;

(m) fog lights that are not standard to the motor

car;

(n) alarms that are not standard to the motor car;

(o) digital video disc players and video display

panels;

(p) MP3 and MP4 players and docks;

(q) global positioning systems and satellite

navigation systems;

(r) other computerised navigation systems;

(s) keyless entry systems and remote key pads

that are not standard to the motor car.

27 Display of information – agreements and warranties

A motor car trader who enters into an agreement

for the sale of a used motor car under section 41

of the Act or the sale of a new motor car under

section 42 of the Act must ensure that any text

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included in the agreement is printed, typed or

written in a clear and legible manner.

Penalty: 10 penalty units.

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Part 5—Miscellaneous

28 Maximum payment on a claim

For the purposes of section 77(4) of the Act, the

prescribed amount is $40 000.

29 Documents, accounts and records to be kept

The following documents, accounts and records

are to be kept by licensed motor car traders—

(a) agreements for sale of a used motor car

under section 41 of the Act;

(b) agreements for sale of a new motor car under

section 42 of the Act;

(d) extended warranty documents;

(e) police checks given to the trader by persons

employed in a customer service capacity;

(f) any completed forms in the form of form 2,

3, 4 or 5 as set out in Schedule 1.

30 Motor car traders must supply copies of agreements

etc

For the purposes of section 83C(1) of the Act, the

following documents are listed—

(a) agreements under section 41 of the Act;

(b) agreements under section 42 of the Act;

(d) extended warranty documents;

(e) police checks given to the motor car trader

by a person employed in a customer service

capacity;

(f) any completed forms in the form of Form 3,

4 or 5 as set out in Schedule 1.

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31 Infringement notices and infringement penalties

(1) For the purposes of section 82D(1) of the Act, an

offence specified in Column 2 of Schedule 4 is an

offence in respect of which an infringement notice

may be issued.

(2) For the purposes of section 82D(3) of the Act,

the prescribed infringement penalty for an

infringement offence set out in Column 2 of

Schedule 4 is the penalty set out in Column 3 of

Schedule 4 in respect of the corresponding

infringement offence.

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Schedules

Schedule 1—Forms

FORM 1

Regulation 8

Motor Car Traders Act 1986

PRESCRIBED SIGN

LICENSED MOTOR CAR TRADER or (LMCT)

(insert licensee's licence number)

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FORM 2

Regulation 9

Motor Car Traders Act 1986

DEALINGS BOOK

ACQUISITION DETAILS

Registration Number or, if unregistered, Trader's Stock Number

Make/model

Type of vehicle

Built date if it appears on the vehicle

Compliance date

Vehicle identification number (if the vehicle identification number is not

available, any other number capable of identifying the vehicle)

Date of acquisition

Odometer reading

*Name and address of person from whom vehicle acquired

*Name and address of auction business from which vehicle acquired or

received

Security interest (if any) held by

Security interest (if any) amount paid out in discharge

Date security interest paid (if any)

*Signature of person from whom vehicle acquired

*Signature of person authorised to sign on behalf of the auction business

from which vehicle acquired or received

*(delete whichever is inapplicable)

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DISPOSAL DETAILS

Sold to (name and address)

Date of delivery

Odometer reading

Certificate of roadworthiness (issued in accordance with the Road Safety

Act 1986)

—Certificate number

—Certificate date

Date notice of acquisition sent to VicRoads

Date notice of disposal sent to VicRoads

Date registration cancelled and plates returned (if applicable)

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FORM 3

Regulation 10

Motor Car Traders Act 1986

NOTICE TO MOTOR CAR TRADER BY PROSPECTIVE

PERSON EMPLOYED IN A CUSTOMER SERVICE

CAPACITY

Declaration of Eligibility to be Employed in a Customer Service

Capacity

(Insert name of person to be employed)

(Insert residential address of person to be employed)

declare that I—

(*delete whichever is not applicable)

(a) *have/*have not had a claim admitted against the Motor Car Traders'

Guarantee Fund (note: see paragraph (c) below); and

(b) *am/*am not or *was/*was not a partner or director of, or person

concerned in the management of, a partnership or body corporate that

has had a claim admitted against the Motor Car Traders' Guarantee

Fund in relation to an act or omission that occurred at a time I was a

partner or director of, or a person involved in the management of, the

partnership or body corporate (note: see paragraph (c) below); and

Car Traders Act 1986 in relation to a claim or claims referred to in

paragraphs (a) and (b) above; and

Please specify further details of permission obtained:

(d) *have/*have not, within the last 10 years, been found guilty or

convicted of, a disqualifying or serious offence involving fraud,

dishonesty, drug trafficking or violence (whether or not a conviction

was recorded) (note: see paragraph (e) below); and

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(e) *have/*have not obtained permission under section 29B of the Motor

Car Traders Act 1986 in relation to an offence involving fraud,

dishonesty, drug trafficking or violence referred to in paragraph (d)

above; and

Please specify further details of permission obtained:

(f) *am/*am not for the time being disqualified from holding a motor car

trader's licence; and

(g) *am/*am not for the time being disqualified from being employed in

any capacity in connection with the business of a motor car trader

(regardless of whether or not motor car traders are referred to by that

name in the relevant jurisdiction)

(Signature of proposed employee making the declaration)

(Print full name)

(Date)

Note: Under section 84A(1) of the Motor Car Traders Act 1986 it

is an offence punishable by a fine of 50 penalty units to make a

false or misleading statement or omission in this declaration.

Under section 35A(3) of the Motor Car Traders Act 1986, a

motor car trader must receive a completed declaration from a

person before that person is employed in a customer service

capacity by the trader. Also, under section 35A(4) of that Act,

a person is disqualified from being employed in a customer

service capacity by a motor car trader unless the person gives

the trader a police check. The police check and the Form 3

must be retained for at least 6 years, in accordance with section

83A of the Motor Car Traders Act 1986.

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FORM 4

Regulations 11 and 12

Motor Car Traders Act 1986

PART A — USED MOTOR CAR WARRANTY

Warranty Information

Is this motor car automatically covered by a statutory warranty

under section 54 of the Motor Car Traders Act 1986?

□ Yes

□ No

Please note

Motor cars that are less than 10 years old and that have been

driven less than 160 000 km are automatically covered by a

statutory warranty under section 54 of the Motor Car Traders

Act 1986 for the first 3 months or 5000 km after delivery,

whichever occurs first.

If this motor car is not automatically covered by the statutory

warranty, the trader does not have any obligation under the

Motor Car Traders Act 1986 to repair or make good any

defects after delivery. However, the trader may have other

obligations under other legislation including the Australian

Consumer Law.

PART B — USED MOTOR CAR NOTICE

A. Name and business address of the current owner of the motor car.

B. If the motor car is equipped with an odometer, the distance travelled

by the motor car entered by the motor car trader in the dealings book

when the trader acquired the motor car or received custody or

possession of the motor car for the purpose of sale (as the case may

be).

C. Except in the case of a motor car offered or displayed for sale at a

public auction, the cash price of the motor car, a statement that the

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cash price does not include transfer fees or duty and a statement of

whether the car is sold with registration or without registration.

D. The single price of the motor car, inclusive of all fees and duties.

E. Built date if it appears on the motor car.

F. Compliance date.

G. The model designation (if any) of the motor car.

H. Registration number (if any) of the motor car.

I. The vehicle identification number of the motor car.

J. If the vehicle identification number is not available, another number

capable of identifying the motor car.

K. A statement as to whether the motor car is entered on the register of

written-off vehicles or on an interstate written-off vehicles register

within the meaning of the Road Safety Act 1986.

Signature of motor car trader:

LMCT No.:

Signature of Purchaser:

AFFIX TO RIGHT SIDE WINDOW (Rear where applicable)

(NOTE: On the sale of the motor car the purchaser must sign and be given a

copy of this form under sections 52(6) and 83C(1) of the Motor Car

Traders Act 1986 and regulation 25 of the Motor Car Traders Regulations

2018).

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FORM 5

Regulation 13

Section 55 of the Motor Car Traders Act 1986

STATEMENT OF DEFECTS IN A USED MOTOR CAR

OFFERED FOR SALE

Make and model of motor car:

Registration number (if applicable):

Vehicle identification number, or if vehicle identification number is not

reasonably ascertainable, any other number by which the motor car may be

identified:

Trading name and LMCT No.:

Description of Defect

Estimate of Fair Cost of Repairing or Making Good

Any items listed on this notice are NOT subject to a warranty under section

54(2C) of the Motor Car Traders Act 1986.

Signature of purchaser Signature of motor car trader

Licence or LMCT No.:

Notes:

This notice will only have effect if—

(a) at all material times it has been attached to the motor car; and

(b) at or before the time of sale a copy of the notice has been signed by

the purchaser; and

the purchaser for retention by that purchaser; and

(d) the estimate by the motor car trader of the fair cost of repairing or

making good the defect is reasonable.

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FORM 6

Regulation 14

Motor Car Traders Act 1986

STATEMENT OF VERIFICATION

To: Inspector (specify Inspector's name):

I, (insert name) in relation to (insert name and address of principal

place of business/former business), (insert licence number/former

licence number) verify that the document produced to you on (insert

date) in accordance with section 82AA of the Motor Car Traders

Act 1986 is a true record of the dealings book as at the date of this

statement.

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FORM 7

Regulation 15

EMBARGO NOTICE

Motor Car Traders Act 1986

Section 82AM

1. The item described below has been embargoed under section 82AM of

the Motor Car Traders Act 1986.

2. Section 82AM(2) provides that a person who knows that an embargo

notice relates to a thing and who—

(a) sells; or

(b) leases; or

embargo notice, moves; or

(d) transfers; or

(e) otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a

penalty not exceeding 50 penalty units.

3. Section 82AM(3) provides that it is a defence to a prosecution for

such an offence to prove that the thing or part of the thing was moved

for the purpose of protecting and preserving it.

4. Section 82AM(4) provides that despite anything in any other Act, a

sale, lease, transfer or other dealing with a thing in contravention of

that section is void.

Description of embargoed item—

This notice has been—

 served on (name)

 affixed to the item described above

Signature of inspector:

Name of inspector:

Telephone number: Date: Time:

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Schedule 2—Particulars, terms and

conditions for sale of used motor car

Regulation 23

IMPORTANT INFORMATION—YOUR RIGHT TO COOL

OFF

Motor Car Traders Act 1986—section 43

Under section 43 of the Motor Car Traders Act 1986, if none of the

exceptions listed below applies to you, you may end this contract

within 3 clear business days of the day that you sign the contract.

To end the contract within this time, you must give the motor car

trader or the motor car trader's agent written notice that you are

terminating the contract.

If you end the contract in this way, you are entitled to a refund of all

the money you paid EXCEPT $100 or 1 per cent of the purchase price

(whichever is greater).

EXCEPTIONS—the 3-day cooling-off period does not apply if—

 the vehicle being sold is a commercial vehicle; or

 you are a motor car trader; or

 you are a body corporate; or

 you accept delivery of the vehicle within the cooling-off period.

IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS

VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU

WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL

OFF

A. Particulars

(1) The name of the motor car trader or, if an employee of the motor

car trader negotiated the agreement on behalf of the motor car

trader, the name of the employee.

(2) A description of the motor car sufficient to identify it.

(3) Whichever of the following is applicable—

(a) if the motor car is registered, the registration number; or

Seventh Draft – CD/17/723146 32

(b) if the motor car is unregistered—

(i) the vehicle identification number; or

(ii) if the vehicle identification number is not reasonably

ascertainable, any other number by which the motor

car may be identified.

(4) The price and any other charges to be paid and the time and

manner in which the price and any other charges are to be paid

and, where a motor car or other goods are to be accepted as part

payment of the price or other charges, the amount agreed to be

represented by the motor car or other goods.

(5) The amounts to be paid by the motor car trader or the purchaser to

VicRoads for transfer fees and duties, and if applicable an amount

to be paid by the motor car trader or the purchaser to VicRoads for

registration.

(6) The distance travelled by the motor car as recorded on the

instrument or device installed in the motor car for recording the

distance travelled by the motor car either when the purchaser signs

the agreement or at any earlier time at which the purchaser takes

delivery of the motor car.

(7) Whether or not the motor car trader believes the distance so

recorded to be true.

(8) The licence number of the motor car trader.

(9) The serial number of the agreement.

B. Warranty Information

Warranty under section 54 of the Motor Car Traders Act 1986

Motor cars not more than 10 years old and that have been driven less

than 160 000 km are covered by a warranty under section 54 of the

Motor Car Traders Act 1986 .

Is this motor car covered by a warranty under section 54 of the Motor

Car Traders Act 1986?

□ Yes

□ No

If the motor car is covered by the warranty

The motor car trader warrants that if a defect appears in the motor car

before the end of the warranty period, the motor car trader at the

motor car trader's own expense—

Seventh Draft – CD/17/723146 33

(a) will arrange for the car to be taken to a place where it can

be repaired or made good; and

(b) will repair or make good, or cause to be repaired or made

good by another motor car trader or by a qualified repairer,

the defect, so as to place the car in a reasonable condition

having regard to its age.

The warranty period is whichever of the following periods is shorter—

(a) the period from when the car is delivered to the person

buying it until it has been driven for a further 5000

kilometres; or

(b) the period of 3 months from the day after the car is

delivered to the person buying it.

The benefits to the consumer given by this warranty are in addition to

other rights and remedies of the consumer under the Australian

Consumer Law.

If the motor car is not covered by the warranty

The trader does not have any obligation under the Motor Car

Traders Act 1986 to repair or make good any defects after delivery.

However, the trader may have other obligations under other legislation

including the Australian Consumer Law (Victoria).

Rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the

Australian Consumer Law (Victoria). You are entitled to a

replacement or refund for a major failure and compensation for any

other reasonably foreseeable loss or damage. You are also entitled to

have the goods repaired or replaced if the goods fail to be of

acceptable quality and the failure does not amount to a major failure.

C. Terms and conditions

Subject to finance

1. (1) Where this agreement is subject to the purchaser obtaining finance,

the agreement is conditional on the purchaser obtaining finance

approval—

(a) within the time stated in this agreement;

(b) of the amount stated in this agreement;

similar type of credit provider);

(d) for the type of finance stated in this agreement;

Seventh Draft – CD/17/723146 34

(e) on reasonable terms and conditions in the circumstances.

(2) The purchaser agrees to take all reasonable steps towards obtaining

finance approval.

(3) If the purchaser does not obtain finance approval then either the

purchaser or the seller may terminate this agreement by giving

notice to the other party.

Transfer to credit provider

2. Where requested by the purchaser the seller must transfer title to

the purchase vehicle to the purchaser's credit provider on payment

of the total purchase price to the seller.

Delays in delivery

3. (1) The seller must make every reasonable effort to make the purchase

vehicle available for delivery on or before the delivery date stated

in this agreement. Where delivery is delayed more than 14 days

the purchaser may terminate this agreement by notifying the seller

in writing, unless the delay is caused by the purchaser.

(2) The purchaser must take delivery of the purchase vehicle within

7 days of being notified by the seller that the vehicle is ready for

delivery. If the purchaser fails to take delivery within this time the

seller may terminate the agreement by notice in writing.

Trade-in conditions

4. (1) Where the purchase involves a trade-in vehicle then the amount

allowed for the trade-in (net trade-in allowance) must be deducted

from the total purchase price. The net trade-in allowance will be

the amount allowed on the trade-in vehicle less any amount to be

paid by the seller to discharge the interest of any other person in

the vehicle.

(2) The trade-in vehicle must be delivered to the seller no later than

the date of delivery of the purchase vehicle. If the trade-in vehicle

is delivered after this date or is not in substantially the same

condition as at the date of this agreement then the net trade-in

allowance may be adjusted by an amount equal to the change in

the fair market value of the trade-in vehicle between the date of

this agreement and the date of delivery to the seller.

(3) The purchaser's interest in the trade-in vehicle must pass to the

seller—

(a) when the purchaser accepts delivery of the purchase

vehicle; or

(b) when the purchaser has delivered the trade-in vehicle to the

seller and the seller has paid the net trade-in allowance to

Seventh Draft – CD/17/723146 35

the purchaser or acknowledged in writing that this amount

has been credited towards the total purchase price—

whichever first occurs.

(4) The seller must not, without the prior written consent of the

purchaser, sell or agree to sell the trade-in vehicle before delivery

of the purchase vehicle to the purchaser.

(5) Where the amount allowed on the trade-in vehicle has been

reduced by an amount to be paid by the seller to discharge the

interest of any other person in the vehicle, the seller will pay this

amount to the other person within 28 days of delivery of the trade-

in vehicle to the seller.

Termination

5. (1) Where this agreement is lawfully terminated by the seller due to a

breach of this agreement by the purchaser then—

(a) the purchaser must forfeit the amount stated in this

agreement to the seller provided that amount does not

exceed 5 per cent of the total purchase price; and

(b) where an amount has been paid towards the purchase price

and that amount exceeds the forfeitable amount then the

seller must—

(i) refund to the purchaser so much of the amount paid

that exceeds the forfeitable amount; and

(ii) return any trade-in vehicle to the purchaser; and

and that amount does not provide the seller with the

forfeitable amount and a trade-in vehicle has been delivered

to the seller then the trade-in vehicle may be forfeited to the

seller and the purchaser credited with the net trade-in

allowance. If this amount and any other amount paid by the

purchaser exceeds the forfeitable amount then the excess

must be refunded to the purchaser.

(2) Where this agreement is lawfully terminated by the purchaser due

to a breach of this agreement by the seller then the seller must—

(a) refund to the purchaser all money paid by or on behalf of

the purchaser; and

(b) return any trade-in vehicle to the purchaser.

(3) Where this agreement is lawfully terminated by either the

purchaser or the seller due to clause l or for any reason other than a

breach of this agreement then the seller must—

Seventh Draft – CD/17/723146 36

(a) refund to the purchaser all money paid by or on behalf of

the purchaser; and

(b) return any trade-in vehicle to the purchaser.

(4) Where this agreement provides for the seller to return any trade-in

vehicle to the purchaser but the seller has, with the prior written

consent of the purchaser, sold or agreed to sell the trade-in vehicle

then this agreement will be complied with if the seller pays to the

purchaser—

(a) an amount equal to the net trade-in allowance; or

(b) where the purchaser and seller have agreed on a value as

the fair market value of the trade-in vehicle-that agreed

value less any trade-in payout made or to be made by the

seller.

(5) Where the seller returns any trade-in vehicle to the purchaser and

the seller has carried out repairs on the vehicle with the consent of

the purchaser then the seller is entitled to an amount equal to the

reasonable cost of those repairs.

(6) Where either the purchaser or seller wishes to terminate this

agreement in accordance with this clause they must give written

notice to the other party of the decision to terminate.

(7) Nothing in this clause affects the rights and duties conferred by

section 43 of the Motor Car Traders Act 1986.

Non exclusion of warranties and other rights

6. The benefits conferred by this agreement and by the seller's

warranty, if any, are in addition to all other rights and remedies in

respect of the purchase vehicle which the purchaser has under the

Australian Consumer Law (Victoria) and any other

Commonwealth, State and Territory laws.

Note: The parties to this agreement may include other conditions if those

conditions do not reduce the rights given to either party by or

under the Motor Car Traders Act 1986.

Seventh Draft – CD/17/723146 37

Schedule 3—Particulars for sale of new

motor car

Regulation 24

IMPORTANT INFORMATION—YOUR RIGHT TO COOL

OFF

Motor Car Traders Act 1986—section 43

Under section 43 of the Motor Car Traders Act 1986, if none of the

exceptions listed below applies to you, you may end this contract

within 3 clear business days of the day that you sign the contract.

To end the contract within this time, you must give the motor car

trader or the motor car trader's agent written notice that you are

terminating the contract.

If you end the contract in this way, you are entitled to a refund of all

the money you paid EXCEPT—

 $400 or 2 per cent of the purchase price (whichever is

greater) where this is not an off-trade premises sale; or

 $100 or 1 per cent of the purchase price (whichever is

greater) where this is an off-trade premises sale. An "off-

trade-premises" sale is one in which you agree to

purchase the car while you are at home or at your

workplace and you did not ask for the agreement to be

signed at your home or workplace.

EXCEPTIONS—the 3-day cooling-off period does not apply if—

 the vehicle being sold is a commercial vehicle; or

 you are a motor car trader; or

 you are a body corporate; or

 you accept delivery of the vehicle within the cooling-off

period.

IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS

VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU

WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL

OFF

Seventh Draft – CD/17/723146 38

Particulars

(1) The name of the motor car trader or, if an employee of the motor car

trader negotiated the agreement on behalf of the motor car trader, the

name of the employee.

(2) A description of the motor car sufficient to identify it.

(3) The vehicle identification number; or if the vehicle identification

number is not reasonably ascertainable, any other number by which

the motor car may be identified.

(4) The price and any other charges to be paid and the time and manner in

which the price and any other charges are to be paid and, where a

motor car or other goods are to be accepted as part payment of the

price or other charges, the amount agreed to be represented by the

motor car or other goods.

(5) Where a motor car is to be accepted as part payment of the price or

other charges and where the amount allowed on this trade-in vehicle

has been reduced by an amount to be paid by the trader to discharge

the interest of any other person in the vehicle, the number of days after

delivery of the trade-in vehicle to the trader within which the trader

will pay this amount to the other person.

(6) The licence number of the motor car trader.

(7) The serial number of the agreement.

Seventh Draft – CD/17/723146 39

Schedule 4—Infringement offences and

infringement penalties

Regulation 31

Column 1

Item

Column 2

Prescribed infringement

offence

Column 3

Infringement penalty

section 14(2)

10 penalty units

section 15(2)

1 penalty unit

section 20(1)

0·5 penalty units

section 25(2)

1 penalty unit

section 27(3)

1 penalty unit

section 31B(1)

2·5 penalty units

section 34

1 penalty unit

section 35(1)

5 penalty units

section 35(2)

5 penalty units

section 35A(3)

5 penalty units

section 41(2)(a)

2 penalty units

section 41(2)(b)

2 penalty units

section 42(2)(a)

2 penalty units

section 42(2)(b)

2 penalty units

section 42A(1)

5 penalty units

section 43(3)

5 penalty units

section 44

2 penalty units

section 50J(1)

1 penalty unit

section 52(1)

1 penalty unit

section 52(6)

1 penalty unit

section 82A(1)

5 penalty units

section 82A(2)

5 penalty units

section 83A

2 penalty units

regulation 18

1 penalty unit

Seventh Draft – CD/17/723146 40

Column 1

Item

Column 2

Prescribed infringement

offence

Column 3

Infringement penalty

regulation 19(1)

1 penalty unit

regulation 21

1 penalty unit

regulation 22(1)

1 penalty unit

regulation 22(2)

1 penalty unit

regulation 27

1 penalty unit

═══════════════

Reg. 3: S.R. No. 144/2008. As amended by S.R. No. 40/2010; S.R.

No. 101/2010; S.R. No. 120/2014; S.R. No. 8/2017.

Reg 3: S.R. No. 40/2010.

Reg 3: S.R. No. 101/2010.

Reg 3: S.R. No. 120/2014.

Reg 4: S.R. No. 8/2017.