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Tel: 1300 30 40 54
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Consumer Protection staff randomly visit licensed motor vehicle dealers to check compliance with their relevant law.
The visits aim to provide education and advice on what the law means on a practical level, and any information about changes. If the visits pick up obvious disregard for the law, this may result in cancellation of a licence/registration.
The proactive compliance checklist below will assist you to prepare for a visit.
If you would like more information please contact the Consumer Protection contact centre team on 1300 304 054 or by email.
A proactive compliance visit includes a:
The site visits are impromptu, however you can ensure the visit is conducted with the minimum of disruption to your business by regularly reviewing the checklist and knowing where key documents are stored e.g.
A sample of settled sales documentation and consignment files (if applicable) will be reviewed during the visit.
The visits aim to assist dealers to comply with the following legislation:
Download this checklist to help you prepare for a proactive compliance visit.
|Is your licensed business name and dealer licence number displayed on a sign, of reasonable dimension, at all your dealership premises?||MVDA
|Are all of your dealership locations authorised?||MVDA
|Do you 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?||MVDA
|Is your Certificate of Authorised Premises displayed in a clearly visible position inside the authorised premises?||MVDA
|Do all salespersons or yard managers hold current licences?||MVDA
31 A, B, C
|For a firm or body corporate: Have any/all changes to the composition of the firm or body corporate been approved by the Commissioner 14 days prior to the change?||MVDA
|Does your dealer business name and licence number appear on all published advertisements?||MVDA
|Do all second-hand vehicle advertisements show the:
11 (1, 2)
Check any advertisements do not have potential to mislead consumers? You can access more information here Australian Consumer Law and Fair Trading Act 2010?
Generally speaking, it is an offence to publish or cause to be published, advertisements that may be false, misleading or deceptive, among other things.
|SECOND HAND VEHICLE TRANSACTIONS|
|Do you have the appropriate licence for the class or description of dealership?||MVDA
|Are your dealer registers completed using the correct form for all second-hand vehicle transactions at the dealership?||MVDA
3, 4, 4A
|Are all your second-hand vehicles, for which you are the ‘trade owner’, kept or parked at the dealership?||MVDA
|Do all your second-hand vehicles display the correct notice and information and do the notices meet dealer warranty obligations for used cars or motorcycles?||MVDA
33 (1, 3, 6)
34 (A, C, D)
|Are all vehicle particulars notices:
|CONSIGNMENT SELLING (ignore if not applicable)|
|Are your consignment agreements between the dealer and consignor (excluding auctions) provided in writing and signed by all relevant parties; and||MVDA
|Do the agreements contain the prescribed particulars, terms and conditions?||MVD(S)R
|When applying liquidated damages:
Are you able to show/explain your process where an agreement for the sale of a motor vehicle is validly terminated by you (the dealer)?
|Are you able to justify the amount being charged to the consumer?||MVD(S)R
|NOTE: DMIRS compliance officers visit Motor Dealer premises and will issue vehicle defect notices, where applicable.|
More information about fines is available on Infringements, forms and publications - Motor vehicle dealers page.