Motor Car Traders and Fair Trading Acts Amendment Act Day Trader

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					                 PARLIAMENT OF VICTORIA

         Motor Car Traders and Fair Trading Acts
                 (Amendment) Act 2005
                                  Act No.


                       TABLE OF PROVISIONS
Clause                                                                 Page

PART 1—PRELIMINARY                                                        1
  1.     Purposes                                                         1
  2.     Commencement                                                     2

PART 2—AMENDMENT OF MOTOR CAR TRADERS ACT 1986                            3
  3.     Dealings book                                                    3
  4.     Documents available for inspection                               4
  5.     Specified persons to produce documents and answer questions      5
  6.     Simplified procedure concerning proof that person traded in
         motor cars                                                       5

PART 3—AMENDMENT OF FAIR TRADING ACT 1999                                 7
  7.     Orders against persons found to have contravened this Act        7
                            ═══════════════

ENDNOTES                                                                  8




551378B.I2-6/10/2005                  i        BILL LA CIRCULATION 6/10/2005
                     PARLIAMENT OF VICTORIA
    Initiated in Assembly 4 October 2005




                                    A BILL

      to amend the Motor Car Traders Act 1986 and the Fair Trading
                     Act 1999 and for other purposes.


       Motor Car Traders and Fair Trading
          Acts (Amendment) Act 2005




    The Parliament of Victoria enacts as follows:


                              PART 1—PRELIMINARY

           1. Purposes
                      The purposes of this Act are—
                           (a) to amend the Motor Car Traders Act 1986
5                              to facilitate the use of an electronic dealings
                               book and to simplify record keeping
                               requirements and evidentiary procedures;
                               and


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              Motor Car Traders and Fair Trading Acts (Amendment) Act
                                       2005
                                      Act No.
                                           Part 1—Preliminary
     s. 2


                                   (b) to amend the Fair Trading Act 1999 to
                                       clarify the orders a court can make under that
                                       Act.
                   2. Commencement
5                        (1) Section 1, this section and Part 3 come into
                             operation on the day after the day on which this
                             Act receives the Royal Assent.
                         (2) Subject to sub-section (3), the remaining
                             provisions of this Act come into operation on a
10                           day or days to be proclaimed.
                         (3) If a provision referred to in sub-section (2) does
                             not come into operation before 1 December 2006,
                             it comes into operation on that day.
                                        __________________




            551378B.I2-6/10/2005                   2       BILL LA CIRCULATION 6/10/2005
       Motor Car Traders and Fair Trading Acts (Amendment) Act
                                2005
                               Act No.
                  Part 2—Amendment of Motor Car Traders Act 1986
                                                                                  s. 3



          PART 2—AMENDMENT OF MOTOR CAR TRADERS                                 See:
                                                                                Act No.
                        ACT 1986                                                104/1986.
                                                                                Reprint No. 5
                                                                                as at
            3. Dealings book                                                    10 December
                                                                                2003
                  (1) Section 35(4) of the Motor Car Traders Act                and
5                     1986 is repealed.                                         amending
                                                                                Act Nos
                  (2) For section 35(8) of the Motor Car Traders Act            103/2004,
                                                                                108/2004 and
                      1986 substitute—                                          18/2005.
                                                                                LawToday:
                       "(8) It is sufficient compliance with sub-               www.dms.
                            section (2)(b) if—                                  dpc.vic.
                                                                                gov.au
10                           (a) a motor car trader keeps a paper
                                 document—
                                   (i) that identifies in the prescribed
                                       manner the name and address of
                                       the person from whom the motor
15                                     car was acquired and that is signed
                                       as prescribed; or
                                  (ii) if a used motor car is acquired by
                                       the motor car trader at auction,
                                       that identifies in the prescribed
20                                     manner the name and address of
                                       the auctioneer and that is signed as
                                       prescribed; and
                             (b) the dealings book identifies that
                                 document in relation to that transaction
25                               in the prescribed manner; and
                             (c) the motor car trader stores that paper
                                 document with all the other documents
                                 required under this Act to be kept in
                                 relation to that transaction.".




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              Motor Car Traders and Fair Trading Acts (Amendment) Act
                                       2005
                                      Act No.
                         Part 2—Amendment of Motor Car Traders Act 1986
     s. 4


                         (3) After section 35(8) of the Motor Car Traders
                             Act 1986 insert—
                              "(9) If a dealings book is kept in an electronically
                                   readable form and the motor car trader does
5                                  not comply with sub-section (8) in relation to
                                   a transaction, then for the purposes of sub-
                                   section (2), the motor car trader must ensure
                                   that—
                                    (a) the entries relating to a transaction are
10                                      copied on to paper; and
                                    (b) the paper is then signed as prescribed;
                                        and
                                    (c) all such papers are stored together.".
                   4. Documents available for inspection
15                            After section 82A(2) of the Motor Car Traders
                              Act 1986 insert—
                              "(3) Despite sub-section (1), if a licensed motor
                                   car trader carries on business as a motor car
                                   trader at more than one premises and keeps a
20                                 dealings book in an electronically readable
                                   form under section 35, the motor car trader
                                   may keep the dealings book on a single
                                   electronic database if—
                                    (a) the record of each transaction in the
25                                      dealings book clearly indicates the
                                        premises that the transaction relates to;
                                        and
                                    (b) the record of each transaction relating
                                        to particular premises in the dealings
30                                      book is readily accessible from those
                                        premises; and
                                    (c) all paper documents relating to a
                                        transaction are kept together at the
                                        premises to which the transaction
35                                      relates.".


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       Motor Car Traders and Fair Trading Acts (Amendment) Act
                                2005
                               Act No.
                  Part 2—Amendment of Motor Car Traders Act 1986
                                                                                 s. 5


            5. Specified persons to produce documents and answer
               questions
                       After section 82AA(1) of the Motor Car Traders
                       Act 1986 insert—
5                    "(1A) Without limiting sub-section (1), if a
                           document required to be produced under
                           sub-section (1)(c) is, or is part of, a dealings
                           book kept under section 35 in an
                           electronically readable form, the inspector
10                         may require the document to be provided in
                           a readily accessible form—
                              (a) electronically; or
                             (b) in a paper form produced by a
                                 computer.
15                     (1B) If a person produces a document referred to
                            in sub-section (1A), the person must also
                            provide the inspector with a prescribed
                            statement verifying that the document
                            provided is a true record of the dealings book
20                          at the date of the statement.".
            6. Simplified procedure concerning proof that person
               traded in motor cars
                  (1) In section 85A(1) of the Motor Car Traders Act
                      1986, for "In any hearing of a charge for an
25                    offence against section 7, a statement by the
                      prosecutor or the informant" substitute "In a
                      prescribed class of hearing a statement by a
                      relevant person".




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              Motor Car Traders and Fair Trading Acts (Amendment) Act
                                       2005
                                      Act No.
                         Part 2—Amendment of Motor Car Traders Act 1986
     s. 6


                         (2) After section 85A(2) of the Motor Car Traders
                             Act 1986 insert—
                               '(3) In this section—
                                   "prescribed class of hearing" means—
5                                         (a) a hearing of a charge for an
                                              offence against section 7; or
                                          (b) a hearing in a proceeding under a
                                              provision of the Fair Trading Act
                                              1999 as applied by section 82I of
10                                            this Act;
                                   "relevant person" means—
                                          (a) in the case of a hearing of a charge
                                              for an offence against section 7,
                                              the prosecutor or the informant;
15                                            and
                                          (b) in any other case, the Director.'.
                                     __________________




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       Motor Car Traders and Fair Trading Acts (Amendment) Act
                                2005
                               Act No.
                      Part 3—Amendment of Fair Trading Act 1999
                                                                                      s. 7



         PART 3—AMENDMENT OF FAIR TRADING ACT 1999                                  See:
                                                                                    Act No.
                                                                                    16/1999.
            7. Orders against persons found to have contravened                     Reprint No. 2
                                                                                    as at
               this Act                                                             30 August
                                                                                    2004
                       In section 158 of the Fair Trading Act 1999—                 and
                                                                                    amending
5                           (a) in sub-section (1) omit "(including one             Act Nos
                                or more of the orders set out in sub-               103/2004,
                                                                                    108/2004 and
                                section (2))"; and                                  18/2005.
                                                                                    LawToday:
                            (b) in sub-section (2), for "The orders that can        www.dms.
                                                                                    dpc.vic.
                                be made by the court are—" substitute               gov.au
10                              "Without limiting sub-section (1), the orders
                                that may be made under this section
                                include—".
                                 ═══════════════




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             Motor Car Traders and Fair Trading Acts (Amendment) Act
                                      2005
                                     Act No.

Endnotes



                                               ENDNOTES




                           By Authority. Government Printer for the State of Victoria.




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