Motor Vehicle Sales Act 2003

Reprint as at 1 October 2012

Motor Vehicle Sales Act 2003

Public Act2003 No 12
Date of assent9 April 2003
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1 Title

Part 1
Preliminary provisions

Subpart 1—General

2 Commencement

3 Purpose

4 Overview

5 Act binds the Crown

Subpart 2—Interpretation

General

6 Interpretation

Meaning of motor vehicle trader

7 Meaning of motor vehicle trader

8 Who is treated as motor vehicle trader

9 Who is not treated as motor vehicle trader

Part 2
Motor vehicle trading

Subpart 1—Key provisions

Registration requirement

10 Motor vehicle traders must be registered

Banned persons

11 Persons banned from participating in business of motor vehicle trading

12 Banned persons not to be employed or engaged in business of motor vehicle trading

Tampering with odometers

13 Tampering with odometers prohibited

Disclosure requirements

14 Particulars about used motor vehicle must be displayed

15 Particulars (including statement about buyer taking motor vehicle free of security interests) that must be contained in notice attached to used motor vehicle

Subpart 2—Other requirements

16 Written acknowledgment that buyer has received copy of notice must be obtained

17 Requirements of section 16 may form part of contract for sale

18 No contracting out of requirements of section 16

19 Duty of motor vehicle trader with respect to money received from sales on consignment of used motor vehicles

20 Motor vehicle trader must provide account

21 Motor vehicle trader must keep record of contracts for sale

22 Duty to produce certificate of registration on demand

Subpart 3—Qualifications of motor vehicle traders

Registration

23 Who may register

24 Persons disqualified from registration: individuals

25 Persons disqualified from registration: companies

Exemptions from registration

26 Crown exempt from requirement to register

27 Power to exempt persons from requirement to register by Order in Council

28 Exemption may be recommended by Minister on application from any person

29 Matters Minister must take into account in recommending exemption

30 Process for making recommendation for exemption

Part 3
Registration of motor vehicle traders

Subpart 1—Procedure for registration of motor vehicle traders

Application

31 Application: general

32 Content of application

Acceptance or refusal of application

33 Registrar may accept or refuse application for registration

34 Acceptance of application

35 Refusal of application

Registration

36 Registration

37 Duration of registration

38 Registration may not be transferred

Renewal of registration

39 Renewal of registration

40 Obligation to notify Registrar of change in circumstances

40A Obligation to notify Registrar if new person concerned in management of company

Subpart 2—Removal from register

General

41 Removal from register

Cancellation of registration

42 When Registrar must cancel registration

43 Process for cancellation

44 Effective date of cancellation

45 Name must be entered immediately on list of banned persons in certain cases

Surrender of registration

46 Voluntary surrender

47 Mandatory surrender

48 Registrar must record surrender on register

49 Effective date of surrender

Expiry of registration

50 Expiry of registration

51 Effective date of expiry

Subpart 3—Miscellaneous provisions

Register of motor vehicle traders

52 Register of motor vehicle traders

53 Purpose of register

54 Contents of register

55 Alterations to register

Searches of register

56 Search of register

57 Search criteria

58 Search purposes

59 When search constitutes interference with privacy of individual

Registrar of Motor Vehicle Traders

60 Appointment of Registrar of Motor Vehicle Traders

61 Functions of Registrar

62 Power of Registrar to delegate

63 Certificate of Registrar is sufficient evidence

Appeals against decisions of Registrar

64 Right of appeal

65 District Court may make interim order pending determination of appeal

66 Duties of Registrar if interim order made

67 Determination of appeal

Part 4
Enforcement

Subpart 1—Banning

Ban imposed by Act

68 Persons banned from participating in business of motor vehicle trading

Ban ordered by court

69 Power to ban certain persons from participating in business of motor vehicle trading

70 Notice of hearing

71 District Court may order payment of costs

72 Appeals to High Court

List of banned persons

73 List of banned persons to be kept by Registrar

74 Purpose of list

75 Contents of list

76 Alterations to list

77 Procedure for recording names of banned persons on list

Searches of list

78 Search of list

79 Search criteria

80 Search purposes

81 When search constitutes interference with privacy of individual

Subpart 2—Motor Vehicle Disputes Tribunals

Constitution

82 Motor Vehicle Disputes Tribunals

Adjudicators

83 Appointment of adjudicators

84 Term of office of adjudicators

85 Vacation of office

86 Remuneration and allowances of adjudicators

87 Adjudicator to submit annual report

Panel

88 Panel of persons who may be appointed as assessors

Jurisdiction

89 Jurisdiction of Disputes Tribunal

90 Limits on jurisdiction of Disputes Tribunals

91 Disputes Tribunal's jurisdiction not excluded

92 Jurisdictions of other courts not limited

93 Transfer of proceedings

Notice of decisions

94 Decisions to be publicly available

Subpart 3—Offences

Offences relating to requirement to be registered

95 Offence to carry on business of motor vehicle trading or to hold out to be motor vehicle trader unless registered

Offences relating to banned persons

96 Offence for banned person to participate in business of motor vehicle trading

97 Offence to contravene conditions imposed on banned person by court

98 Offence to employ or engage banned persons

Offence relating to tampering with odometers

99 Offence to tamper with odometers

100 Evidence in prosecutions for offence of tampering with odometers

Offences relating to disclosure requirements

101 Failure to display particulars about used motor vehicle offence under Fair Trading Act 1986

102 Failure by car market operator to comply with section 14(2) an offence

Offences relating to other requirements for motor vehicle trading

103 Offence to fail to pay money to principal

104 Offence to fail to provide account

105 Offence to falsify record of contracts for sale

106 Duty to produce certificate of registration

Offences relating to registration and notification to Registrar

107 Offence of providing false declarations, etc

108 Offence to fail to notify change in circumstances

108A Offence to fail to notify Registrar when new person concerned in management of company

Offences relating to inspection and search

109 Offence to obstruct inspection

110 Offence to obstruct search

Proceedings for offences generally

111 Proceedings for offences generally

Proceedings for infringement offences

112 Proceedings for infringement offences

113 Issue of infringement notices

114 Form of infringement notices

115 Payment of infringement fees

Penalties

116 Penalty for infringement offences

117 Penalties for offences under sections 98, 103, and 104

118 Penalties for other offences

119 Power of District Court to impose additional penalty in certain cases

Subpart 4—Information-gathering powers

Information-matching provisions

120 Purpose of disclosure of Customs' information

121 Customs must supply Customs' information to Registrar

122 Purpose of disclosure of information by Ministry of Transport

123 Registrar of Motor Vehicles must supply vehicle registration information to Registrar

Inspection

124 Purpose of inspection by Registrar

125 Inspection powers

126 Conditions of authorisation

127 Registrar's entry to premises restricted

128 Disclosure of information from inspection

129 Restriction on disclosure of information from inspection

Search warrants

130 Issue of warrant

131 Powers conferred by warrant [Repealed]

132 Form and content of search warrant [Repealed]

133 Warrant must be produced [Repealed]

134 Other duties of person who executes warrant [Repealed]

135 When alternative to list of seized documents may be provided [Repealed]

136 Matters that must be stated in list of documents [Repealed]

137 Duty to assist [Repealed]

138 Power to inspect and take copies of documents, etc, obtained under warrant [Repealed]

139 Disposal of things seized [Repealed]

140 Court order for disposal of things seized to be suspended on conviction [Repealed]

Part 5
Miscellaneous provisions

Exemption for car auctioneers from licensing requirement under Auctioneers Act 1928

141 Exemption for car auctioneers from licensing requirement under Auctioneers Act 1928

Service of notices

142 Service of notices

Levy regulations

143 Regulations may impose levy

Regulations

144 Regulations

Amendments and repeal

145 Amendments to other enactments

146 Repeal

No compensation for loss of office

147 No compensation for loss of office

Transitional provisions for existing licence applications

148 Existing licence applications must be treated as applications for registration under this Act in certain cases

149 What happens if applicant does not meet requirements of section 148(2)

150 Registrar's requirements for processing existing licence applications

151 Payment of prescribed application fee under former Act sufficient for purpose of processing existing licence application

Transitional provisions for registration

152 Certain persons to be treated as registered on commencement of Act

153 When registration under section 152 ceases

Transitional provisions for Board

154 Continuation of Board

155 Board must deliver certain records to Registrar

Transitional provisions for disciplinary proceedings under former Act

156 Transitional provisions for disciplinary proceedings under former Act

Transitional provisions for licensees' obligations

157 Obligations of licensees

Transitional provisions for Fund

158 Purpose of section 159

159 Membership of Institute to continue despite repeal of former Act

160 Claims against Fund

161 Registrar must cancel registration for non-payment of contribution to Fund

162 Winding up of Fund

Review of Act

163 Review of operation of Act

Schedule 1
Procedure of Disputes Tribunals

Schedule 2
Enactments amended

Search and Surveillance Act 2012

Reprint notes