Proposed NSW Motor Dealer and Repairer Law Changes – Have your say

14 Mar 2022 Government Compliance

  

As the Australian Motor Industry continues to change in the wake of the Covid Pandemic, the NSW Government has been looking at making changes to the current Motor Dealer and Repairer laws to offer greater protection to both businesses and consumers.

NSW Motor Dealer and Repair Laws effect anyone in the following industries.

  • Motor Dealers (New and Used)
  • Motor Vehicle Repairers
  • Motor Vehicle Recyclers

The Motor Dealers and Repairs ACT 2013 is an enforced set of rules that are designed to maintain standards and offer community buyer protection. The NSW Government begun a public review of the Motor Dealers and Repairs Act in 2020 and has recently announced their proposed changes.

Some of the proposed changes may impact the way your dealership operates.

Online sales of motor vehicles

The current Motor Vehicle and Repairers ACT prohibits the entire purchase of vehicles online for compliance purposes.

The new act proposes a few changes that allow dealers to offer an entirely online purchase/sales process in the future.

Here is a review of some of the proposed changes:

  • Allow for the entire purchase process of a vehicle to take place online
  • Restricting online end-to-end sales to new cars only
  • Additional information on licence applications (the website URL), motor dealer licence numbers on all website and advertising materials
  • Protections for a purchaser around inspection and maximum deposits and additional protections for online purchasers when a motor vehicle is defective
  • Online motor dealers will still be required to maintain a council approved physical location for the storage and inspection (both by regulators and consumers) and will be subject to the current conditions regarding record keeping and disclosure obligations

Dealings Register

Amendments are proposed to remove the requirement to maintain physical registers. Instead moving to a requirement that ensures particulars required by the Regulation are captured in a flexible system that can meet the needs of authorised officers in ensuring compliance with the legislation.

Notices

Allow for dealer’s notices to be presented electronically to either a consumer inspecting a second-hand vehicle or to an authorised officer conducting investigations related to said vehicle.

Have your say

To read the complete proposed changes to the Motor Dealers and Repairs ACT, click here.

The NSW Government would like to hear from all people working in the motor vehicle sales, repairs, and recycling industry. The NSW Government has set up a quick survey, which can be found here.

For more information on the bill or any changes visit, the official NSW Government page here.

To read more news like this, visit the EasyCars Blog here.

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