Peter Stevens Motors Pty Ltd Undertaking (PDF Size 34Kb) by rodcoldwizel

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									CONSUMER AFFAIRS VICTORIA FAIR TRADING ACT 1999 ENFORCEABLE UNDERTAKING

Section 146 The commitments in this undertaking are offered to the Director of Consumer Affairs Victoria by:

Peter Stevens Motors Pty Ltd - LMCT 265 ACN 004 564 336 Trading as Peter Stevens Motorworld 615 Creswick Road, Ballarat Vic 3350 (“the company”)

-and-

Brett Thomas Fitzpatrick - Director BORN - 03/01/1964 of 47 Webster Street, Ballarat Vic 3350

BACKGROUND 1.0 1.1 Description of the conduct that Consumer Affairs Victoria investigated. The company is an Australian proprietary company limited by shares, which was incorporated in Victoria on 7 November 1983. It has its registered office at Level 1, 60 Toorak Road, South Yarra, Victoria 3141. Brett Thomas Fitzpatrick is, and was, a director of the company. The company trades as Peter Stevens Motorworld from premises situated at 615 Creswick Road, Ballarat, Victoria 3350 (“the premises”). The company carried on the business of trading in motor vehicles. The company is and was at all relevant times the holder of a motor car trader’s licence number 265.

1.2 1.3

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The Director of Consumer Affairs Victoria believes that the company made false or misleading entries in the dealings book when making, or causing to be made, in the course of carrying on the business of trading in motor cars, entries in the dealings book as to the prescribed matters required under the Motor Car Regulations 1998 (“the Regulations”). The Director of Consumer Affairs Victoria believes that the conduct described above, which involved the company on 79 occasions recording in the dealings book an odometer reading on disposal of a motor vehicle that was lesser than the odometer reading previously recorded at the time of purchase of a motor vehicle, constitutes a contravention of section 35(3) of the Motor Car Traders Act 1986 (“the Act”).

2.0

Brief details of investigation by Consumer Affairs Victoria. At 3.20pm on the 9th of March 2005, Consumer Affairs Victoria inspectors conducted a routine inspection at the premises for the purposes of ensuring compliance with the Motor Car Traders Act 1986 (“the Act”). The premises consist of a public yard area displaying used motor cars for sale and at the centre an administration building and sales office. Consumer Affairs Victoria Inspectors found that the company in the course of carrying on the business of trading in motor cars, made false or misleading entries in the dealings book as to the prescribed matters required under the Motor Car Regulations 1998 (“the Regulations”). Consumer Affairs Inspectors believe that the conduct described above, which involved the company between the 24th of December 2003 and the 22nd of February, 2005, on 79 occasions recording in the dealings book an odometer reading on disposal of a motor vehicle that was lesser than the odometer reading previously recorded at the time of purchase of the motor vehicle, constitutes a contravention of section 35(3) of the Motor Car Traders Act 1986 (“the Act”).

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3.0

Explanation as to why the Director of Consumer Affairs Victoria considers the conduct to contravene the Motor Car Traders Act 1986.

3.1

The Company is and was at all relevant times the holder of motor car trader’s licence number 265, trading as a motor car trader under the business name Peter Stevens Motorworld at 615 of Creswick Road, Ballarat, 3350 in the state of Victoria. Brett Thomas Fitzpatrick is and was at all relevant times a director of the company and in effective control of the business.

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3.2

Section 35 of the Act provides as follows:

“Dealings Book
(1) Every motor car trader must cause a dealings book in the prescribed form to be kept at the premises at which the business of trading in motor cars is carried on. (a) must make, or cause to be made, in the dealings book entries as to the prescribed matters required under the regulations to be entered in the dealings book at the time of purchase, sale or exchange of a motor car by a motor car trader or at the time of receiving a motor car into the custody or possession of a motor car trader for the purpose of sale or exchange; and (b) must ensure that entries are signed as prescribed. (3) A motor car trader must not make a false or misleading entry in a dealings book.

(2)

A motor car trader—

4.0 4.1

A statement that the conduct has stopped. Brett Thomas Fitzpatrick, both personally and as a director of, and on behalf of, the company, confirms that the conduct in breach of the Act has stopped and will not be repeated. ACKNOWLEDGEMENT Brett Thomas Fitzpatrick acknowledges that, on 9 March 2005, both personally and as a director of, and on behalf of, the company: (a) that they contravened section 35(3) of the Act, by making false or misleading entries in the dealings book;

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UNDERTAKING Brett Thomas Fitzpatrick, both personally and as director of, and on behalf of, the company, undertakes to the Director of Consumer Affairs Victoria, pursuant to section 146 of the Fair Trading Act 1999, that he and the company will not make false or misleading entries in the dealings book, as to the prescribed matters required under the regulations, at the time of purchase, sale or exchange of a motor car by a motor car trader or at the time of receiving a motor car into the custody or possession of a motor car trader for the purpose of sale or exchange.

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COMMENCEMENT OF UNDERTAKING This undertaking comes into effect when: (a) the undertaking is signed by: (i) Brett Thomas Fitzpatrick; and (ii) Brett Thomas Fitzpatrick as a director on behalf of the company; and The Director of Consumer Affairs Victoria accepts the undertaking.

(b)

and continues in effect until the third anniversary of its commencement.

8.0 8.1

ACKNOWLEDGEMENTS Brett Thomas Fitzpatrick both personally and as a director of, and on behalf of, the company, acknowledges that: (a) the Director of Consumer Affairs Victoria will register this undertaking in the register of undertakings and make this undertaking available for public inspection pursuant to section 148 of the Act; the Director of Consumer Affairs Victoria and/or the Minister for Consumer Affairs Victoria may from time to time publicly refer to this undertaking; and this undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct.

(b)

(c)

9.0 9.1

CONSENT Brett Thomas Fitzpatrick, both personally and as a director of, and on behalf of, the company, consent to the Director of Consumer Affairs Victoria applying under section 146(2A) of the Act, at any time during which this undertaking is in force, to the Magistrates’ Court of Victoria for an order directing any or all persons giving this undertaking to comply with its terms.

IN WITNESS of these undertakings and its agreement Signed by: Brett Thomas Fitzpatrick In the presence of: ________________________(witness).……..……………..…………………………. (print name)

…….……………………………………………………

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Signed by:

Brett Thomas Fitzpatrick Director of the company In the presence of:

………………………………………………………….

________________________(witness)…..……………..……………………………. (print name) Dated ………………………...…....………………….

ACCEPTED BY THE DIRECTOR OF CONSUMER AFFAIRS VICTORIA OR THE AUTHORISED DELEGATE OF THE DIRECTOR PURSUANT TO SECTION 146 OF THE FAIR TRADING ACT 1999

.…………………………………………… Director/Delegate

Dated ………………

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