GENERAL
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Does the Dealer have the business name stated in his application for a licence displayed on a sign of reasonable dimension affixed or erected at every premises at which he conducts the business of a dealer?
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MVDA 21
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Does the Dealer have the number of the licence issued to him on a sign of reasonable dimension affixed or erected at every premises at which he conducts the business of a dealer?
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MVDA 21
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Does the Dealer carry on the business of a dealer at any premises other than the premises authorised under section 20E (‘the authorised premises)?
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20E, 20H and 30(2) MVDA
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LICENCES / ADMINISTRATION
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Does the Dealer have his Certificate Of Authorised Premises displayed in a conspicuous position on the premises to which the certificate applies?
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20G(3) MVDA
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If the Dealer is a firm or body corporate, have there been any changes to the membership of the firm or persons concerned in the management and conduct of the body, and if so, was the Commissioner notified 14 days prior to the change?
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23 MVDA
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Do all of the persons employed or engaged by the Dealer as Salespersons or Yard Managers hold current licences?
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31 A/B/C MVDA
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Does the Dealer employ a disqualified person in any capacity on the authorised premises, or allow a disqualified person to frequent the authorised premises, without the prior consent of the Commissioner?
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20D MVDA
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ADVERTISING
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Do all advertisements published on behalf of the Dealer include the Dealer’s licence number?
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21 MVDA
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Do all advertisements published on behalf of the Dealer include the business name stated in his application for a licence?
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21 MVDA
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Do all advertisements published on behalf of the Dealer in which one or more second-hand vehicles are specified, clearly and accurately specify
- The registration number of the second-hand vehicle/s (a stock number may identify unlicensed vehicles)
- The year of manufacture
- The cash price, and
- The address of the registered premises of the dealer at which the vehicle is offered for sale
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11(1) MVD(S)R
11(2) MVD(S)R
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Do any of the Dealer’s advertisements have potential to contravene the Australian Consumer Law?
Note: Generally speaking, it is an offence to publish or cause to be published, advertisements that may be false, misleading or deceptive, among other things. The law relating to advertising may be considered complex and every case is assessed on its merits.
To gain a greater understanding of those laws, Dealers may wish to consult the Australian Consumer Law (WA) text, as annexed to the Fair Trading Act 2010 and available from the Western Australian State Law Publisher website at www.slp.wa.gov.au, or publications such as the Australian Competition & Consumer Commission’s Pricing manual for the motor vehicle industry, which is available from the ACCC website.
This is general information only, it is not legal advice.
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ACL
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TRANSACTIONS IN SECOND HAND VEHICLES
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Are the Dealer’s transactions consistent with the class or description of business of the licence held by the Dealer?
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30(3) MVDA
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Does the Dealer keep a register of transactions in the prescribed form?
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25(1) MVDA
3, 4 & 4A MVD(S)R
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Does the Dealer record in the register the prescribed particulars of every transaction entered into in the course of dealing at those premises?
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25 MVDA
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Are all second hand vehicles of which the Dealer is the trade owner, kept or parked at the authorised premises of the Dealer?
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27(3) MVDA
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Do all second hand vehicles offered or displayed for sale by the Dealer have notices in the prescribed form containing the prescribed particulars attached?
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33(1), 33(3) and 33(6) MVDA
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Are the notices of prescribed particulars attached to the vehicles consistent with the warranty obligations of the Dealer with respect to those vehicles?
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34A, 34C and 34D MVDA
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Are the Dealer’s contracts or agreements for the sale of vehicles (other than by auction) to people who are not dealers;
- In writing and signed by all relevant parties, and
- Contain the prescribed particulars, terms & conditions
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42A(2) MVDA,
13B MVD(S)R
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Does the Dealer correctly complete the notices of prescribed particulars and retain them for not less than two years?
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33(7) MVDA
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