Australian Capital Territory
Fair Trading (Motor Vehicle Repair Industry) Act 2010    
A2010-16
Republication No 1
Effective:  7 October 2010 – 31 December 2010
Republication date: 7 October 2010
Act not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Fair Trading (Motor Vehicle Repair Industry) Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 7 October 2010.  It also includes any commencement, repeal or expiry affecting the republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Fair Trading (Motor Vehicle Repair Industry) Act 2010

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Important concepts
	6	Carrying on business as motor vehicle repairer	4
	7	Certain people not taken to carry on business as motor vehicle repairer	5
Part 3	Licences
Division 3.1	Requirement for licence
	8	Person carrying on business as motor vehicle repairer to be licensed	6
Division 3.2	Eligibility for licence
	9	Eligibility for licence	7
	10	Meaning of disqualified person	7
Division 3.3	Licence procedures and details
	11	Application for motor vehicle repair licence	9
	12	Decision on application	10
	13	Licence conditions	10
	14	Form of licence	11
	15	Replacement licence	11
	16	Licence term	12
	17	Licence not transferable	12
	18	Renewal of licence	12
	19	Amendment of licence on commissioner’s initiative	13
	20	Amendment of licence on application	13
	21	Surrendering licence	14
Division 3.4	Licence conditions
	22	Licence condition—equipment, materials and skill for carrying out work	15
	23	Licence condition—agreement for repairs	15
	24	Licence condition—additional repairs	16
	25	Licence condition—time to carry out work	17
	26	Licence condition—replaced parts	17
	27	Licence condition—information sheet	17
	28	Licence condition—warranties and guarantees	17
	29	Licence condition—display of licence	18
	30	Licence condition—notification of change of name or address	18
Part 4	Occupational discipline
	31	Meaning of licensee—pt 4	19
	32	Grounds for disciplinary action	19
	33	Application to ACAT for occupational discipline	20
	34	Considerations before making occupational discipline orders	20
	35	Information about cancellations etc to be given to corresponding authorities	21
	36	Effect of licence suspension	21
Part 5	Licence register
	37	Licence register	22
	38	Correcting register and keeping it up-to-date	22
Part 6	Advisory committee
	39	Establishment of advisory committee	23
	40	Advisory committee functions	23
	41	Advisory committee membership	24
	42	Advisory committee––chair	24
	43	Advisory committee—general procedure	24
	44	Reimbursement of expenses for advisory committee members	25
	45	Advisory committee to report on impact of Act etc	25
Part 7	Offences
	46	Unlicensed person advertising	27
	47	Licensee advertising without details	27
	48	Return of amended, suspended or cancelled licences	28
	49	False or misleading representations	28
Part 8	Notification and review of decisions
	50	Meaning of reviewable decision—pt 8	31
	51	Reviewable decision notices	31
	52	Applications for review	31
Part 9	Miscellaneous
	53	Exemptions by regulation	32
	54	Exemptions by Minister	32
	55	Determination of fees	33
	56	Approved forms	33
	57	Regulation-making power	33
Part 10	Transitional
	59	Definitions—pt 10	34
	60	Principals under repealed code licensed	34
	61	Registration under repealed code	34
	62	Transitional regulations	35
	63	Expiry—pt 10	35
Schedule 1	Reviewable decisions	36
Dictionary		37
Endnotes
	1	About the endnotes	39
	2	Abbreviation key	39
	3	Legislation history	40
	4	Amendment history	40

Australian Capital Territory
Fair Trading (Motor Vehicle Repair Industry) Act 2010

An Act to provide for the licensing and regulation of people in the motor vehicle repair industry, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Fair Trading (Motor Vehicle Repair Industry) Act 2010.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘consumer—see the Fair Trading Act 1992, section 6.’ means that the term ‘consumer’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Important concepts
6	Carrying on business as motor vehicle repairer
	(1)	A person carries on business as a motor vehicle repairer if the person performs motor vehicle repair work for reward.
	(2)	Motor vehicle repair work means—
	(a)	any of the following work performed on a motor vehicle, motor vehicle part or motor vehicle system:
	(i)	examining or assessing condition or performance improvement; 
	(ii)	diagnosing and detecting of faults;
	(iii)	overhauling;
	(iv)	dismantling and assembling;
	(v)	servicing and maintenance;
	(vi)	replacing and adjusting of objects for performance improvement;
	(vii)	painting and treatment;
	(viii)	modifying, altering, installing or fitting work; or
	(b)	giving advice on any of the work mentioned in paragraph (a); or
	(c)	any other work prescribed by regulation to be motor vehicle repair work.
	(3)	However, motor vehicle repair work does not include any work prescribed by regulation not to be motor vehicle repair work.
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).
7	Certain people not taken to carry on business as motor vehicle repairer
For this Act, a person does not carry on business as a motor vehicle repairer only because the person—
	(a)	performs motor vehicle repair work in the course of employment by another person; or
	(b)	is a member of a partnership that carries on the business; or
	(c)	publishes, on behalf of another person, an advertisement about—
	(i)	a business carried on, or to be carried on, by the other person; or
	(ii)	a service provided, or to be provided, by the other person.

Part 3	Licences
Division 3.1	Requirement for licence
8	Person carrying on business as motor vehicle repairer to be licensed
	(1)	A person commits an offence if—
	(a)	the person carries on business as a motor vehicle repairer; and
	(b)	either—
	(i)	the person does not hold a licence; or
	(ii)	if the person is a partner in a partnership that carries on the business—no partner in the partnership holds a licence.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if the person—
	(a)	carries on business as a motor vehicle repairer at premises; and
	(b)	either—
	(i)	does not hold a licence authorising the person to carry on business as a motor vehicle repairer at the premises; or
	(ii)	if the person is a partner in a partnership that carries on the business—no partner in the partnership holds a licence authorising the person to carry on business as a motor vehicle repairer at the premises.
Maximum penalty:  20 penalty units.
	(3)	An offence against this section is a strict liability offence.
Division 3.2	Eligibility for licence
9	Eligibility for licence
	(1)	An individual is eligible for a licence if the individual—
	(a)	is an adult; and
	(b)	is not a disqualified person.
	(2)	A person in a partnership is eligible for a licence if—
	(a)	the person is eligible under subsection (1); and
	(b)	no partner in the partnership is a disqualified person.
	(3)	A corporation is eligible for a licence if—
	(a)	at least 1 director of the corporation holds a licence; and
	(b)	no director of the corporation is a disqualified person.
10	Meaning of disqualified person
	(1)	A person is a disqualified person if the person has committed or engaged in a disqualifying act.
	(2)	However, even if a person has committed or engaged in a disqualifying act, the person is not a disqualified person if the commissioner is satisfied that, in all the circumstances, it would be reasonable not to regard the person as a disqualified person.
	(3)	In making a decision under subsection (2) in relation to a person, the commissioner must have regard to—
	(a)	the circumstances of the disqualifying act; and
	(b)	whether the person cooperated in the investigation of the disqualifying act; and
	(c)	the extent to which the person provided restitution for any loss suffered because of the disqualifying act; and
	(d)	the time since the disqualifying act was committed or engaged in; and
	(e)	whether the disqualifying act was an isolated event.
	(4)	Subsection (3) does not limit the matters to which the commissioner may have regard in making the decision.
	(5)	A director of a corporation is taken to have committed a disqualifying act if the director was a director of the corporation when the corporation committed the disqualifying act.
	(6)	In this section:
disqualifying act means—
	(a)	a contravention of this Act (including a requirement made by the commissioner under this Act) or a corresponding law of a State, whether or not the contravention is an offence; or
	(b)	a contravention of a condition of a licence; or
	(c)	a contravention of the Fair Trading (Motor Vehicle Service and Repair Industry) Code of Practice 1999; or
	(d)	an offence against the Trade Practices Act 1974 (Cwlth); or
	(e)	an offence against the Fair Trading Act 1992 or a corresponding law of a State; or
	(f)	an offence against a law of the Territory, the Commonwealth, a State, another Territory or a foreign country punishable by imprisonment for longer than 1 year.
Division 3.3	Licence procedures and details
11	Application for motor vehicle repair licence
	(1)	A person may apply to the commissioner for a motor vehicle repair licence.
Note 1	If a form is approved under s 56 for this provision, the form must be used.
Note 2	A fee may be determined under s 55 for this provision.
Note 3	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	The application must be accompanied by—
	(a)	a police certificate for the applicant, dated not earlier than 2 months before the day the application is made; and
	(b)	a signed statement to the effect that, apart from the licence, the applicant has obtained all planning and other approvals required to carry on the motor vehicle repair business at each premises where the applicant proposes to carry on business under the licence.
	(3)	The commissioner may, in writing, require the applicant to give the commissioner additional information or documents that the commissioner reasonably needs to decide the application.
	(4)	If the applicant does not comply with a requirement made of the applicant under subsection (3), the commissioner may refuse to consider the application further.
12	Decision on application
	(1)	Within 60 days after the day the commissioner receives an application for a motor vehicle repair licence, the commissioner must—
	(a)	issue the licence; or
	(b)	refuse to issue the licence.
Note	Failure to issue a licence within the 60-day period is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
	(2)	The commissioner must issue the licence if satisfied that the applicant—
	(a)	is eligible for the licence under section 9; and
	(b)	can comply with any conditions to which the licence is subject; and
	(c)	can satisfy anything else prescribed by regulation.
13	Licence conditions
	(1)	A licence is subject to the conditions set out in division 3.4 (Licence conditions).
	(2)	A licence is also subject to any conditions—
	(a)	prescribed by regulation; or
	(b)	imposed on the licence by the commissioner.
Examples—conditions
1	that an approved code of practice or standard must be complied with
2	that particular requirements about inspection and reporting must be complied with
3	that stated records must be kept
Note 	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The commissioner may impose—
	(a)	a condition on a licence when the licence is issued or renewed; and
	(b)	a condition on, or amend a condition of, a licence at any other time under section 19 (Amendment of licence on commissioner’s initiative) or section 20 (Amendment of licence on application).
14	Form of licence
A licence must—
	(a)	be in writing; and
	(b)	state the name of the person to whom the licence is issued; and
	(c)	if the licensee carries on business as a motor vehicle repairer under a name other than the licensee’s name—state the name under which the licensee carries on business; and
	(d)	have a unique identifying number (the licence number); and
	(e)	state the premises where the licensee is authorised to carry on business as a motor vehicle repairer; and
	(f)	state the period for which the licence is given; and
	(g)	include anything prescribed by regulation.
15	Replacement licence
	(1)	The commissioner may issue a replacement licence to a licensee if satisfied that the licensee’s original licence has been lost, stolen or destroyed.
	(2)	For subsection (1), the commissioner may require the licensee to give the commissioner a statutory declaration signed by the licensee, stating that the original licence has been lost, stolen or destroyed.
Note 1	A fee may be determined under s 55 for this provision.
Note 2	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
16	Licence term
A licence is issued for the period of up to 12 months stated in the licence.
17	Licence not transferable
A licence is not transferable.
18	Renewal of licence
	(1)	A licensee may apply, in writing, to the commissioner to renew the licence.
Note 1	If a form is approved under s 56 for an application, the form must be used.
Note 2	A fee may be determined under s 55 for this provision.
	(2)	The commissioner may, in writing, require the licensee to give the commissioner additional information or documents that the commissioner reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement made of the applicant under subsection (2), the commissioner may refuse to consider the application further.
	(4)	On an application to renew a licence, the commissioner must—
	(a)	renew the licence; or
	(b)	refuse to renew the licence.
	(5)	The commissioner must renew the licence if satisfied of the matters mentioned in section 12 (2) in relation to the applicant. 
	(6)	If a licensee applies to renew a licence under this section, the licence remains in force until the application is decided.
19	Amendment of licence on commissioner’s initiative
	(1)	The commissioner may, at any time and on the commissioner’s own initiative, amend a licence (including by imposing a condition on, or amending a condition of, the licence).
	(2)	However, the commissioner may amend a licence only if—
	(a)	the commissioner has given the licensee written notice of the proposed amendment; and
	(b)	the notice states that written comments on the proposal may be made to the commissioner before the end of a stated period of at least 14 days after the day the notice is given to the licensee; and
	(c)	the commissioner has considered any comments made before the end of the stated period.
	(3)	Subsection (2) does not apply if the licensee applied for, or agreed in writing to, the amendment.
20	Amendment of licence on application
	(1)	A licensee may apply to the commissioner to amend the licensee’s licence (including by removing or amending a condition of the licence).
Note 1	If a form is approved under s 56 for an application, the form must be used.
Note 2	A fee may be determined under s 55 for this provision.
	(2)	The commissioner may, in writing, require the applicant to give the commissioner additional information or documents that the commissioner reasonably needs to decide the application.
	(3)	If the applicant does not comply with a requirement made of the applicant under subsection (2), the commissioner may refuse to consider the application further.
	(4)	On an application by a person to amend a licence, the commissioner must—
	(a)	amend the licence in the way applied for; or
	(b)	refuse to amend the licence.
	(5)	In deciding whether to amend the licence, the commissioner may consider anything the commissioner may consider under section 12 (2) in relation to an application for a licence.
21	Surrendering licence
	(1)	A licensee may surrender the licence by giving written notice of the surrender to the commissioner.
	(2)	The licensee must, with the notice—
	(a)	return the licence to the commissioner; or
	(b)	if the licence has been lost, stolen or destroyed—give the commissioner a statutory declaration signed by the licensee stating that the licence has been lost, stolen or destroyed.
Note	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Division 3.4	Licence conditions
Note	A licence is also subject to conditions prescribed by regulation or imposed on the licence by the commissioner—see s 13.
22	Licence condition—equipment, materials and skill for carrying out work
	(1)	It is a condition of a licence that motor vehicle repair work performed by the licensee or an employee of the licensee on a motor vehicle, part or system be performed in accordance with any directions under subsection (2).
	(2)	The Minister may give directions about the equipment, materials and skills necessary to perform work on a motor vehicle, part or system satisfactorily.
	(3)	A direction is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
23	Licence condition—agreement for repairs
	(1)	It is a condition of a licence that the licensee, before performing motor vehicle repair work for a person that is expected to cost the person $150 or more—
	(a)	give the person an estimate of the cost of the work; and
	(b)	give the estimate in writing if asked by the person to do so.
	(2)	However, if it is not reasonably practicable to give an estimate of the cost of work without first undertaking diagnostic work, it is a condition of the licence that a licensee, when performing the diagnostic work for a person—
	(a)	give the person a written estimate of the cost of the work; and
	(b)	if the diagnosis is likely to result in any damage to the motor vehicle—tell the person of that fact in writing; and
	(c)	obtain the person’s written authorisation for the licensee to perform the diagnostic work, unless the person has agreed otherwise; and
	(d)	after the diagnosis and before the licensee repairs the vehicle—
	(i)	give the person an estimate of the cost of repairs; and
	(ii)	obtain the person’s authority to perform the repairs specified in the estimate.
	(3)	It is a condition of a licence that the licensee, when performing motor vehicle repair work for a person after giving an estimate to the person, tell the person of any variation in the cost from the estimate.
	(4)	It is a condition of a licence that the licensee keep records of written or verbal estimates and quotes given to people.
24	Licence condition—additional repairs
It is a condition of a licence that the licensee, before performing work for a person or using parts not agreed to by a person in the estimate of work—
	(a)	explain to the person—
	(i)	what the additional work or part is; and
	(ii)	what the cost of the work or part is; and
	(b)	obtain the person’s authorisation to—
	(i)	conduct the work or install the part; and
	(ii)	charge for the additional work or installation.
25	Licence condition—time to carry out work
It is a condition of a licence that the licensee—
	(a)	complete motor vehicle repair work in a reasonable time; and
	(b)	tell the person for whom the work was done how much time was spent performing the work. 
26	Licence condition—replaced parts
	(1)	It is a condition of a licence that the licensee, on completing motor vehicle repair work for a person, offer to give the person any part that was replaced as part of the work.
	(2)	It is a condition of a licence that the licensee not charge the person a fee for the disposal of a replaced part or oil unless there is displayed at the licensee’s premises a sign clearly stating that a fee will be charged for the disposal.
	(3)	If the person chooses to take the replaced part away from the licensee’s premises, the licensee must refund any fee paid for the disposal of the part.
27	Licence condition—information sheet
It is a condition of a licence that the licensee, before performing motor vehicle repair work for a person, give the person an information sheet approved by the commissioner about motor vehicle repair work.
28	Licence condition—warranties and guarantees
It is a condition of a licence that the licensee, on completing motor vehicle repair work for a person, give the person a signed copy of any warranty or guarantee relating to workmanship, parts or service provided by the licensee.
29	Licence condition—display of licence
It is a condition of a licence that the licence, or a copy of the licence, be displayed in a prominent place at premises where business is carried on under the licence.
30	Licence condition—notification of change of name or address
It is a condition of a licence that, if the licensee changes name, address or any other detail on the licence, the licensee must tell the commissioner, in writing, about the change as soon as practicable (but not later than 7 days) after the day the change happens.

Part 4	Occupational discipline
    
31	Meaning of licensee—pt 4
In this part:
licensee includes a former licensee.
32	Grounds for disciplinary action
	(1)	Each of the following is a ground for occupational discipline in relation to a licensee:
	(a)	the licensee gave information to the commissioner in relation to the application for, or an application for amendment of, the licensee’s licence that was false or misleading in a material particular;
	(b)	the licensee has contravened, or is contravening, this Act, whether or not the licensee has been convicted or found guilty of an offence for the contravention;
	(c)	the licensee has contravened, or is contravening, a territory law (other than this Act) or a law of the Commonwealth, a State or another Territory, whether or not the licensee has been convicted or found guilty of an offence for the contravention;
	(d)	the licensee has contravened, or is contravening, an order of the ACAT;
	(e)	the licensee has contravened, or is contravening a condition of the licence;
	(f)	the licence was obtained by fraud or mistake;
	(g)	a ground prescribed by regulation for this section.
	(2)	A ground for occupational discipline applies to a former licensee if the ground applied to the licensee while licensed.
33	Application to ACAT for occupational discipline
If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the commissioner may apply to the ACAT for an occupational discipline order in relation to the licensee.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make.
34	Considerations before making occupational discipline orders
	(1)	This section applies if the ACAT is considering an application for occupational discipline in relation to a licensee.
	(2)	Without limiting the matters the ACAT must consider in relation to the licensee, the ACAT must consider the following:
	(a)	the degree of responsibility of the licensee for the act or omission that made up the ground for occupational discipline;
	(b)	the extent to which it is necessary to discourage the licensee and others from doing something, or not doing something, that made up the disciplinary ground;
	(c)	whether, and the extent to which, it is necessary to protect the public from the licensee;
	(d)	the desirability of making the licensee responsible for the consequences of the licensee’s actions or omissions;
	(e)	the desirability of maintaining public confidence in the regulatory system set up by this Act.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.
35	Information about cancellations etc to be given to corresponding authorities
	(1)	This section applies if the ACAT cancels or suspends a licensee’s licence or disqualifies a licensee from applying for a licence.
	(2)	The commissioner may give the corresponding authority of each State the following information about the licensee:
	(a)	the name and any other identifying details of the licensee; 
	(b)	a short description of the ground for occupational discipline on which the occupational discipline order was based; 
	(c)	whether the licence has been cancelled or suspended or the licence disqualified; 
	(d)	if the licence has been suspended—the period of suspension; 
	(e)	if the licensee has been disqualified—the period of disqualification.
	(3)	This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to an entity in another jurisdiction.
	(4)	In this section:
corresponding authority, of a State, means the entity responsible in the State for regulation of the motor vehicle repair industry.
36	Effect of licence suspension
If a licence is suspended, the licence does not authorise the licensee to carry on any activity under the licence during the suspension.

Part 5	Licence register
37	Licence register
	(1)	The commissioner must keep a register of licences.
	(2)	The register may include information about licences given to the commissioner under this Act and any other information the commissioner considers appropriate.
	(3)	The register may be kept in any form, including electronically, that the commissioner decides.
	(4)	The register may be kept in 1 or more parts, as the commissioner considers appropriate.
	(5)	The commissioner must make information in the register available for public inspection.
Example
the register may be available on a website
Note 	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
38	Correcting register and keeping it up-to-date
	(1)	The commissioner may correct a mistake, error or omission in the register.
	(2)	The commissioner may change a detail included in the register to keep the register up-to-date.

Part 6	Advisory committee
39	Establishment of advisory committee
The motor vehicle repair industry advisory committee (the advisory committee) is established.
40	Advisory committee functions
The advisory committee has the following functions:
	(a)	advising the Minister about—
	(i)	amendments of this Act in relation to the licensing, registration or training of people in the motor vehicle repair industry including people who perform motor vehicle repair work in the course of employment by another person; and
	(ii)	matters affecting the interests of consumers in relation to motor vehicle repair work; and
	(iii)	unfair commercial practices that affect people who carry on business as a motor vehicle repairer; and
	(iv)	environmental issues in relation to disposal of the motor vehicle repair industry’s waste;
	(b)	advising the Minister about directions or proposed directions under section 22 (2);
	(c)	any other function given to the advisory committee under this Act.
41	Advisory committee membership
The advisory committee is made up of—
	(a)	the commissioner for fair trading; and
	(b)	the following members (the representative members) appointed by the Minister:
	(i)	a representative of the industry body for the motor vehicle repair industry;
	(ii)	a representative of people who carry on business as motor vehicle repairers;
	(iii)	a representative of employees of people who carry on business as motor vehicle repairers; 
	(iv)	2 people to represent the interests of consumers;
	(v)	a representative of the community’s interest in the environment.
42	Advisory committee––chair
The commissioner for fair trading is the chair of the advisory committee.
43	Advisory committee—general procedure
	(1)	Meetings of the advisory committee are to be held when and where it decides.
	(2)	However—
	(a)	the advisory committee must meet at least twice each year; and
	(b)	the commissioner may, by reasonable written notice given to the other advisory committee members, call a meeting.
	(3)	The advisory committee may conduct its proceedings (including its meetings) as it considers appropriate.
44	Reimbursement of expenses for advisory committee members
	(1)	A representative member of the advisory committee is not entitled to be paid for the exercise of the member’s functions.
	(2)	However, a representative member may apply to the commissioner for reimbursement of expenses reasonably incurred by the member for the purpose of attending a meeting of the advisory committee.
45	Advisory committee to report on impact of Act etc
	(1)	The advisory committee must prepare a report under this section and present it to the Minister not later than 1 year after the commencement of this section.
	(2)	The report must include an analysis of—
	(a)	the impact of this Act on people who carry on business as motor vehicle repairers, their employees and on consumers; and
	(b)	the level of consumer satisfaction with the motor vehicle repair industry, and any recommendations for raising it; and
	(c)	the level of competence that employees should reach to work in the industry; and
	(d)	the cost of training employees to reach that level of competence and how the cost should be shared between employers and employees; and
	(e)	training courses required for the ACT (and who might provide the courses, when the courses might be available, and what benefits providing the courses would give consumers); and
	(f)	any transitional arrangements necessary to deal with existing industry participants.
	(3)	In preparing the report, the advisory committee may seek the views of—
	(a)	people who carry on business as motor vehicle repairers; and
	(b)	people who provide training courses; and
	(c)	consumers; and
	(d)	other interested entities.
	(4)	The Minister must present the report, and the Minister’s response to the report, to the Legislative Assembly not later than 6 months after the day the Minister receives the report.
	(5)	This section expires 2 years after the day it commences.

Part 7	Offences
Note	For investigations by the commissioner—see the Fair Trading (Consumer Affairs) Act 1973, div 3.2.
46	Unlicensed person advertising
	(1)	A person commits an offence if—
	(a)	the person advertises that the person performs or will perform motor vehicle repair work for reward; and
	(b)	either—
	(i)	the person does not hold a licence; or
	(ii)	if the person is a partner in a partnership—no partner in the partnership holds a licence.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
47	Licensee advertising without details
	(1)	A licensee commits an offence if—
	(a)	the licensee advertises that the person performs, or will perform, motor vehicle repair work for reward; and
	(b)	the licensee does not include in the advertisement—
	(i)	the licence number; and
	(ii)	the address of the premises where the work is or is to be performed.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
48	Return of amended, suspended or cancelled licences
	(1)	A licensee commits an offence if—
	(a)	the licensee’s licence is—
	(i)	amended under section 19 (Amendment of licence on commissioner’s initiative); or
	(ii)	amended under section 20 (Amendment of licence on application); or 
	(iii)	suspended or cancelled by the ACAT; and
	(b)	the licensee fails to return the licence to the commissioner as soon as practicable (but not later than 7 days) after the day the licensee is told about the amendment, suspension or cancellation.
Maximum penalty:  20 penalty units.
	(2)	An offence against this section is a strict liability offence.
49	False or misleading representations
	(1)	A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services in relation to motor vehicle repair work or in connection with the promotion by any means of the supply or use of goods or services in relation to motor vehicle repair work—
	(a)	falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; or
	(b)	falsely represent that services are of a particular standard, quality, value or grade; or
	(c)	falsely represent that goods are new; or
	(d)	falsely represent that a particular person has agreed to acquire goods or services; or
	(e)	represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have; or
	(f)	represent that the person has a sponsorship, approval or affiliation he or she does not have; or
	(g)	make a false or misleading representation in relation to the price of goods or services; or
	(h)	make a false or misleading representation about the availability of facilities for the repair of goods or of spare parts for goods; or
	(i)	make a false or misleading representation about the place of origin of goods; or
	(j)	make a false or misleading representation about the need for any goods or services; or
	(k)	make a false or misleading representation about the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy; or
	(l)	make a false or misleading representation that services have been or are to be performed with the equipment, materials and skill necessary to carry out the work satisfactorily, having regard to the age and make of the vehicle, part or system.
	(2)	A person does not contravene subsection (1) (i) if the person makes a representation about the country of origin of goods and the person complies with the Trade Practices Act 1974 (Cwlth), part 5 (Consumer protection), division 1AA (Country of origin representations).
	(3)	A person commits an offence if the person contravenes subsection (1).
Maximum penalty:  200 penalty units.
	(4)	In this section:
goods—see the Fair Trading Act 1992, dictionary.
price—see the Fair Trading Act 1992, dictionary.
services—see the Fair Trading Act 1992, dictionary.
supply—see the Fair Trading Act 1992, dictionary.
trade or commerce—see the Fair Trading Act 1992, dictionary.

Part 8	Notification and review of decisions
50	Meaning of reviewable decision—pt 8
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
51	Reviewable decision notices
If the commissioner makes a reviewable decision, the commissioner must give a reviewable decision notice to each person mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The commissioner must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 
Note 2	The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
52	Applications for review
The following people may apply to the ACAT for a review of a reviewable decision:
	(a)	a person mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 9	Miscellaneous
53	Exemptions by regulation
A regulation may exempt a person from all or any of the provisions of this Act.
54	Exemptions by Minister
	(1)	A person may, in writing, apply to the Minister for exemption from all or any of the provisions of this Act.
Note 1	If a form is approved under s 56 for this provision, the form must be used.
Note 2	A fee may be determined under s 55 for this provision.
Note 3	A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).
	(2)	The application must state the grounds on which it is made.
	(3)	The Minister must not grant the exemption unless satisfied on reasonable grounds that the exemption is not likely to cause a substantial detriment to consumers.
	(4)	In deciding whether to grant an exemption, the Minister must also take into account any criteria prescribed by regulation.
	(5)	An exemption may be subject to conditions.
	(6)	The Minister may amend or revoke an exemption at any time on reasonable grounds.
	(7)	An exemption, and an amendment or revocation of an exemption, is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
55	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
56	Approved forms
	(1)	The commissioner may approve forms for this Act.
	(2)	If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
57	Regulation-making power
The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 10	Transitional
59	Definitions—pt 10
In this part:
commencement day means the day this Act commences.
repealed code means the Fair Trading (Motor Vehicle Service and Repair Industry) Code of Practice 1999 as in force immediately before the commencement day.
60	Principals under repealed code licensed
A principal registered under the repealed code immediately before the commencement day is taken to be licensed under section 12 (Decision on application) until the day the person’s registration would have expired under the repealed code.
61	Registration under repealed code
For section 29 (Licence condition—display of licence), a registration under the repealed code is taken to be a licence for this Act.
Note	It is a condition of a licence that the licence, or a copy of the licence, be displayed in a prominent place at premises where business is carried on under the licence—see s 29.
62	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
63	Expiry—pt 10
This part expires 1 year after the day it commences.

Schedule 1	Reviewable decisions
(see s 42)

column 1
item	column 2
section	column 3
decision	column 4
person	
1	9 (3) (b)	find person disqualified person	person found disqualified	
2	12 (1) (b)	refuse to issue licence	applicant	
3	13 (3) (a)	impose condition on licence	licensee	
4	18 (4) (b)	refuse to renew licence	licensee	
5	19 (1)	amend licence	licensee	
6	20 (4) (b)	refuse to amend licence	licensee	
7	54 (3)	refuse to grant exemption	applicant	
8	54 (6)	revoke, or amend condition of, exemption	exemption holder	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	Corporations Act
·	entity
·	Minister (see s 162)
·	occupational discipline order
·	reviewable decision notice
·	State.
advisory committee—see section 39.
carries on business as a motor vehicle repairer—see section 6 (1).
commissioner means the commissioner for fair trading.
consumer—see the Fair Trading Act 1992, section 6.
corporation—see the Corporations Act.
disqualified person—see section 10.
ground for occupational discipline—see section 32.
licence means a motor vehicle repair licence issued under section 12.
licence number—see section 14 (d).
licensee, for part 4 (Occupational discipline)—see section 31.
motor vehicle—see the Sale of Motor Vehicles Act 1977, dictionary.
motor vehicle repair work—see section 6 (2) and (3).
police certificate, for a person, means a written statement by the Australian Federal Police indicating— 
	(a)	whether, according to the records held by the Australian Federal Police, the person has been charged with, or convicted of, an offence against a law of—
	(i)	the Territory; or
	(ii)	the Commonwealth; or
	(iii)	a State; or
	(iv)	another country; and
	(b)	if so—particulars of each offence.
Note	A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
register means the register of licences kept under part 5.
representative members, of the advisory committee—see section 41.
reviewable decision, for part 8 (Notification and review of decisions)—see section 50.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Fair Trading (Motor Vehicle Repair Industry) Act 2010 A2010-16
notified LR 7 April 2010
s 1, s 2 commenced 7 April 2010 (LA s 75 (1))
remainder commenced 7 October 2010 (s 2 and LA s 79)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Advisory committee to report on impact of Act etc
s 45	exp 7 October 2012 (s 45 (5))
Legislation repealed
s 58	om LA s 89 (3)
Transitional
pt 10 hdg	exp 7 October 2011 (s 63)
Definitions—pt 10
s 59	exp 7 October 2011 (s 63)
	def commencement day exp 7 October 2011 (s 63)
	def repealed code exp 7 October 2011 (s 63)
Principals under repealed code licensed
s 60	exp 7 October 2011 (s 63)
Registration under repealed code
s 61	exp 7 October 2011 (s 63)
Transitional regulations
s 62	exp 7 October 2011 (s 63)
Expiry—pt 10
s 63	exp 7 October 2011 (s 63)
Fair Trading (Consumer Affairs) Act 1973
s 64	om LA s 89 (3)

©  Australian Capital Territory 2010