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The Motor Vehicle Repairers Act 2003 (the Act) imposes serious obligations on licensed repair business operators and the way they operate their business. Failing to meet those obligations can result in the Department issuing an infringement notice, prosecuting offending licence holders before a court or initiating disciplinary action in the State Administrative Tribunal.
Infringement Notices may be issued for certain offences where the penalty can be as high as $2,500. Fines for breaches of the Act, for example unlicensed repairing, can be as high as $50,000 plus a daily penalty of $1,000. The State Administrative Tribunal also has the power to take a licence away.
Licence holders should read the following list in context with the full provisions of the Motor Vehicle Repairers Act 2003 and Regulations.
You can download copies of the Act and Regulations from the Department of Justice's Parliamentary Counsel's Office web page.
The following table outlines offences for which an Infringement Notice may be given under the Act.
|Section||Description of Offence||Penalty||Modified penalty|
|S. 14(2)||Failing to notify the Commissioner in writing of any changes to licence application within 14 days after the change occurs.||$1,500||$150||$300|
|S. 27(6)||Failing to produce the licence to the Commissioner for amendments within time period specified.||$1,500||$150||$300|
|S. 33(2)||Failing to notify the Commissioner within 14 days after the loss of a member in a firm or body corporate.||$2,000||$200||$400|
|S. 38(1)||Failing to make application to the Commissioner if a new member joins the firm.||$2,000||$200||$400|
|S. 38(2)||Failing to make an application to the Commissioner if a new person concerned in the management or conduct of the body corporate joins the body corporate.||$2,000||-||$400|
|S. 39(2)||Individual performing a prescribed class of repair work when they are not certified in that class.||$5,000||$500||-|
|S. 39(3)||Business allowing person to perform a prescribed class of repair work they are not certified to carry out or supervise.||$5,000||$500||$2,500|
|S. 40||Individual claiming to hold a certificate or a certificate for a particular class of repair work they do not have.||$5,000||$500||-|
|S. 43(6)||Failing to produce certificate to the Commissioner for amendments within time period specified.||$1,500||$150||$300|
|S. 48(1)||Failure of certified repairer to notify the Commissioner of new residential address no later than 14 days after the change occurs.||$1,500||$150||-|
|S. 55(3)||Failure to produce business licence or certificate while at premises||$1,500||$250||$300|
|S. 57||Carrying on business at premises not authorised by the Commissioner for the licence.||$5,000||$500||$2,500|
|S. 63(3)||Failing to display certificate relating to authorised premises in a conspicuous position on the premises.||$1,500||$150||$300|
|S. 64(2)||Failing to return certificate of authorisation of premises which has been revoked by the Commissioner.||$1,500||$150||$750|
|S. 69(2)||Failing to notify the Commissioner within 7 days after becoming aware of being convicted for a relevant offence.||$1,500||$150||$300|
|S. 71(3)||Failing to comply with directions of the Commissioner or the State Administrative Tribunal regarding return of a licence or certificate to the Commissioner.||$1,500||$150||$750|
|S.108||Failure to display business name and licence number as required.||$1,500||$150||$300|
|S.109(2)(a)||Entering into an agreement to have work carried out by an unlicensed repairer (repair business).||$5,000||$500||$1,000|
|S.109(3)(a) or (b)||Entering into an agreement or requiring work to be carried out by an unlicensed repairer (insurer).||$5,000||-||$1,000|
|Regulation 7G (1)||Failure of a repair business to notify the Commissioner in writing of a person ceasing, or becoming, a qualified repairer of the licensee.||$2,000||$200||$400|