Australian Capital Territory
Traders (Licensing) Regulation 2017
Subordinate Law SL2017-21

The Australian Capital Territory Executive makes the following regulation under the Traders (Licensing) Act 2016.
Dated 18 July 2017.
Shane Rattenbury
Minister
Mick Gentleman
Minister

Australian Capital Territory
Traders (Licensing) Regulation 2017
Subordinate Law SL2017-21
made under the
Traders (Licensing) Act 2016

    
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	1
	2	Commencement	1
	3	Dictionary	1
	4	Notes	1
Part 2	Eligibility of entity
	5	Eligibility requirement—Act, s 17 (1)	2
Part 3	Suitability of entity
	6	Meaning of insolvent—pt 3	3
	7	Suitability information—Act, s 18 (a) (i)	3
	8	Suitability information—entity in certain trader categories—Act, s 18 (a) (i)	5
Part 4	Licence conditions—Act, s 20 (1) (c)
	9	Notification of certain new information	6
Part 5	Licensing and licence management
	10	Transferable licences—Act, s 24 (1)	8
	11	Notification of application in certain trader categories	8
Part 6	Motor vehicle repairer licences
	12	Definitions—pt 6	10
	13	Motor vehicle repairer—equipment, materials and skill for carrying out work	10
	14	Motor vehicle repairer—agreement for repairs	10
	15	Motor vehicle repairer—additional repairs	11
	16	Motor vehicle repairer—time to carry out work	12
	17	Motor vehicle repairer—replaced parts	12
	18	Motor vehicle repairer—information sheet	12
	19	Motor vehicle repairer—warranties and guarantees	13
Dictionary		14

Part 1	Preliminary
1	Name of regulation
This regulation is the Traders (Licensing) Regulation 2017.
2	Commencement
This regulation commences on the commencement of the Traders (Licensing) Act 2016, section 3.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘motor vehicle repair work—see the Fair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary.’ means that the term ‘motor vehicle repair work’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Eligibility of entity
5	Eligibility requirement—Act, s 17 (1)
Each relevant person for an entity must be an adult.
Note	An entity may be an individual, a partnership, a corporation or an association. For the relevant person for each form of entity see the Act, dictionary, definition of relevant person.

Part 3	Suitability of entity
6	Meaning of insolvent—pt 3
In this part:
insolvent—a corporation is taken to be insolvent if the corporation—
	(a)	has had a receiver or other controller appointed; or
	(b)	has entered into a deed of company arrangement with the corporation’s creditors; or
	(c)	is otherwise under external administration under the Corporations Act, chapter 5.
7	Suitability information—Act, s 18 (a) (i) 
	(1)	Information about the following in relation to an entity is prescribed:
	(a)	a contravention of a relevant law;
	(b)	a conviction or a finding of guilt for an offence under a relevant law;
	(c)	a conviction or finding of guilt for an offence involving fraud or dishonest conduct;
	(d)	a contravention of a licence condition for a licence issued under a relevant law;
	(e)	being refused a licence under a relevant law;
	(f)	having a licence cancelled or revoked under a relevant law;
	(g)	whether it is in the public interest to issue a licence to the entity.
Note	A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
	(2)	Information about the following in relation to a relevant person for an entity is prescribed:
	(a)	a matter prescribed for an entity in subsection (1); 
	(b)	in the past 3 years being or having been—
	(i)	involved in the management of a corporation when the corporation was insolvent; or
	(ii)	bankrupt or personally insolvent.
Note	Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1.
	(3)	By making an application for a traders licence, an entity permits the commissioner to enquire about and access prescribed suitability information in relation to the entity and each relevant person for the entity, including a person who becomes a relevant person after the entity is licensed. 
Note	It is a condition of a licence that a licensee must tell the commissioner if a person becomes a relevant person for the licensee (see s 9 (1) (f)).
	(4)	In this section:
corresponding law, for an entity, means—
	(a)	the Australian Consumer Law (ACT); and
	(b)	the Competition and Consumer Act 2010 (Cwlth); and
	(c)	a law of another jurisdiction corresponding, or substantially corresponding, to—
	(i)	the Act; or 
	(ii)	the operational Act for the entity’s trader category; or
	(iii)	the Australian Consumer Law (ACT).
Note	A reference to an Act (including a Commonwealth Act) includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
relevant law, for an entity, means—
	(a)	the Act; and
	(b)	the operational Act for the entity’s trader category; and
	(c)	a corresponding law for the entity.
8	Suitability information—entity in certain trader categories—Act, s 18 (a) (i)
	(1)	This section applies to an entity in the following trader categories:
	(a)	motor vehicle dealer;
	(b)	motor vehicle wholesaler.
	(2)	Information about the following in relation to the entity is prescribed:
	(a)	if the entity is a corporation—the entity being or having been insolvent in the last 3 years; 
	(b)	in relation to the entity’s proposed business operation—
	(i)	the entity’s material and financial resources; and
	(ii)	the scope of the proposed business operation; and
	(iii)	any liability the entity may incur in the course of carrying on business.

Part 4	Licence conditions—Act, s 20 (1) (c)
9	Notification of certain new information
	(1)	It is a condition of a licence that a licensee must tell the commissioner the following:
	(a)	if the licensee’s name changes—the new name;
	(b)	if the licensee’s trading name changes—the new trading name;
	(c)	if the licensee’s trading address changes—the new trading address;
	(d)	if the licensee’s email address changes—the new email address;
	(e)	if a person ceases to be a relevant person for the licensee—
	(i)	the name of the person; and
	(ii)	the date on which the person will cease or ceased to be a relevant person;
	(f)	if a person becomes a relevant person for the licensee—
	(i)	the name of the person; and
	(ii)	the date on which the person will become or became a relevant person for the licensee;
	(g)	any other change in circumstances that relates to whether the licensee is a suitable entity.
Examples—par (g)
1	a finding of guilt for an offence under an operational Act
2	a relevant person becoming bankrupt or personally insolvent
Note	An example is part of the regulation, 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).
	(2)	It is a condition of a licence that the licensee tells the commissioner the information required under subsection (1) no more than 10 business days after the day the information becomes relevant.
Examples—day information becomes relevant
1	the day a new trading name is first used
2	the day a person ceases to be a relevant person

Part 5	Licensing and licence management
10	Transferable licences—Act, s 24 (1)
The following trader categories are prescribed:
	(a)	car market operator;
	(b)	motor vehicle dealer;
	(c)	motor vehicle repairer;
	(d)	motor vehicle wholesaler;
	(e)	pawnbroker;
	(f)	second-hand dealer.
11	Notification of application in certain trader categories
	(1)	This section applies if an entity in 1 of the following trader categories makes an application under the Act, section 22 (Licence application) or section 24 (Transfer application):
	(a)	car market operator; 
	(b)	motor vehicle dealer; 
	(c)	motor vehicle wholesaler.
	(2)	The relevant person for the applicant must, within 7 days of making the application, give public notice of the application.
Note 	Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
	(3)	The public notice must state—
	(a)	the name of the applicant; and
	(b)	the name of each relevant person; and
	(c)	the type of licence applied for; and
	(d)	the proposed trading name of the applicant; and
	(e)	the proposed trading address or addresses of the applicant; and
	(f)	how to contact the commissioner; and
	(g)	that any person who objects to the issue of the licence to the applicant may tell the commissioner, in writing, about the objection within 14 days of publication of the notice.
Note	In deciding whether an entity is a suitable entity to hold a licence the commissioner must consider whether it is in the public interest to issue a licence to an applicant (see s 7 (1) (g)).

Part 6	Motor vehicle repairer licences
12	Definitions—pt 6
In this part:
licence means a licence issued for a trader in the motor vehicle repairer trader category.
motor vehicle repair work—see the Fair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary.
13	Motor vehicle repairer—equipment, materials and skill for carrying out work
	(1)	The Minister may give directions about the equipment, materials and skills necessary to perform work on a motor vehicle, part or system satisfactorily.
	(2)	It is a requirement 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 must be performed in accordance with any directions under subsection (1).
	(3)	A direction is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
14	Motor vehicle repairer—agreement for repairs
	(1)	It is a requirement of a licence that, before performing motor vehicle repair work for a person that is expected to cost the person $150 or more, the licensee must—
	(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 requirement of the licence that, when performing the diagnostic work for a person, the licensee must—
	(a)	give the person a written estimate of the cost of the diagnostic 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 requirement of a licence that, when performing motor vehicle repair work for a person after giving an estimate to the person, the licensee must tell the person of any variation in the cost from the estimate.
	(4)	It is a requirement of a licence that the licensee must keep records of written or verbal estimates and quotes given to a person.
15	Motor vehicle repairer—additional repairs
It is a requirement of a licence that, before performing work for a person or using parts not agreed to by a person in the estimate of work, the licensee must—
	(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.
16	Motor vehicle repairer—time to carry out work
It is a requirement of a licence that the licensee must—
	(a)	complete motor vehicle repair work within a reasonable time; and
	(b)	tell the person for whom the work was done how much time was spent performing the work. 
17	Motor vehicle repairer—replaced parts
	(1)	It is a requirement of a licence that, on completing motor vehicle repair work for a person, the licensee must offer to give the person any part that was replaced as part of the work.
	(2)	It is a requirement of a licence that the licensee must not charge the person a fee for the disposal of a replaced part or oil unless there is a sign clearly displayed at the licensee’s premises 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.
18	Motor vehicle repairer—information sheet
	(1)	The commissioner may approve an information sheet about motor vehicle repair work.
	(2)	It is a requirement of a licence that, before performing motor vehicle repair work for a person, the licensee must make available any information sheet approved under subsection (1).
	(3)	An approved information sheet is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
19	Motor vehicle repairer—warranties and guarantees
It is a requirement of a licence that, on completing motor vehicle repair work for a person, the licensee must give the person a signed copy of any warranty or guarantee relating to workmanship, parts or service provided by the licensee.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	adult
·	bankrupt or personally insolvent
·	Corporations Act
·	entity
·	liability
·	public notice.
Note 3	Terms used in this regulation have the same meaning that they have in the Traders (Licensing) Act 2016 (see Legislation Act, s 148). For example, the following terms are defined in the Traders (Licensing) Act 2016, dict:
·	car market operator (see s 8)
·	commissioner
·	motor vehicle dealer (see s 9)
·	motor vehicle repairer (see s 10)
·	motor vehicle wholesaler (see s 11)
·	operational Act (see s 6)
·	relevant person
·	suitable entity (see s 18)
·	trader (see s 7)
·	trader category (see s 7)
·	trading address (see s 15)
·	trading name (see s 15).
insolvent, for part 3 (Suitability of entity)—see section 7.
licence, for part 6 (Motor vehicle repairer licences)—see section 13.
motor vehicle repair work, for part 6 (Motor vehicle repairer licences)—see the Fair Trading (Motor Vehicle Repair Industry) Act 2010, dictionary.

Endnotes
1	Notification
	Notified under the Legislation Act on 20 July 2017.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017