Proactive compliance – Motor vehicle repair business

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Motor industry

The proactive compliance program assists motor vehicle industry to meet the requirements set out by the legislation plus identify and rectify areas of risk.

Proactive compliance visits

Consumer Protection staff randomly visit licensed motor vehicle repair businesses 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 Advice Line team on 1300 304 054 or by email.

Preparing yourself

The proactive compliance program is education based and designed to provide advice and guidance to motor vehicle repair businesses.

How the visit is conducted

A proactive compliance visit includes a:

  • meeting with the person in charge of the repair business
  • reconciliation of your current employees to ensure the accuracy of the Department’s database in relation to your staffing profile and certified  repairers
  • check of the current type of repair work being conducted by the business
  • inspection of outgoing business documentation including repair invoices, business cards etc
  • inspection a sample of advertising including website and any business social media pages
  • discussion about complaints (if any) lodged against the business

What you will need:

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.

  • your dealers licence and certificate of authorised premises displayed
  • your licence number is clearly displayed on signage visible from the outside of the premises
  • your licence number is clearly displayed on the exterior of any mobile premises
  • a sample of outgoing documentation such as repair invoices are accessible
  • a sample of an advertisement recently placed

Legislation

The visits aims to assist repairer businesses comply with the following legislation:

Proactive visit checklist

The following checklist will help you prepare for a proactive compliance visit:

Proactive compliance checklist – Motor vehicle repairers

Description

Legislation

GENERAL

Does the Licensee have the business name shown in the business licence in a conspicuous position on the outside of the authorised premises?

108(a) MVRA

Does the Licensee have the number of the business licence in a conspicuous position on the outside of the authorised premises?

108(a) MVRA

Does the Licensee carry on the business only at, or out of, those premises authorised by the business licence?

57 MVRA

ADMINISTRATION

Does the Licensee have the Certificate Of Authorised Premises displayed in a conspicuous position on the premises to which the certificate applies?

63(3) MVRA

Where the Licensee is a firm or a body corporate, have there been any changes to the composition of the firm or body corporate, without the Licensee having applied for and been granted the prior approval of the Commissioner?

38(1) & (2)MVRA

Does the Licensee permit persons to carry out repair work without those persons holding a repairer’s certificate for the class of repair work being carried out?

39(3)(a)MVRA

Where the Licensee permits persons to carry out repair work without holding a repairer’s certificate for the class of repair work being carried out, do those persons carry out that work under the supervision of a person who holds a repairer’s certificate for that class of repair work?

Note: One certified repairer (for each class of repair work) is required for every three uncertified repairers that are employed at each of the premises from which the Licensee operates.  Source:  Motor Vehicle Repairers Policy Manual.

39(3)(b)MVRA

Has the Licensee notified the Commissioner of the full name, and of the day on which, a person ceases to be, or becomes, a qualified repairer of the Licensee?

7G(3)MVRR

DISCIPLINARY OR COURT MATTERS

Does the Licensee employ in any capacity on premises authorised under section 59 of the Act, any person disqualified;

  1. from holding or obtaining, whether solely or jointly, a business licence or certificate, or a certificate for any particular class of repair work; or;
  2. from being concerned in the management or conduct of a body corporate that is the holder, or a joint holder, of a business licence;

or allow a person to frequent such premises, without the prior consent of the Commissioner?

 

72(2) MVRA

Has the Licensee or one of the Licensees, or a person concerned in the management or conduct of a body corporate that is a licensee or one of the licensees, been convicted of a relevant offence, and failed to notify the Commissioner within 7 days after becoming aware of the conviction?

69 MVRA

ADVERTISING

Do all advertisements published on behalf of the Licensee include the business name shown in the business licence?

108(c) MVRA

Do all advertisements published on behalf of the Licensee include the number of the business licence?

108(c) MVRA

Is the business name shown in the Licensee’s business licence and the number of the licence on every quote, invoice, statement of account, business letter, official notice, publication, order for goods, or receipt, issued by the Licensee in the course of business?

108(b) MVRA

 

More information about possible fines is available on the Motor vehicle repairers - Infringements page.

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