This discussion paper represents the first stage of the Review and is focussed on encouraging stakeholder input in regard to key issues of concern and how they might be overcome. Issues of an administrative or technical nature are not included in the discussion paper and will instead be considered during Stage 2 of the Review.
This discussion paper highlights a range of specific issues. We have included questions after each issue as well as some more general questions
The paper includes:
- 1. Introduction.
- 1.1. Background
- 1.2. Scope of the review
- 1.3. Purpose of discussion paper
- 1.4. Initial consultation with key stakeholders
- 1.5. How to have your say
- 1.6. Next steps
- 2. Background
- 2.1. Industry snapshot
- 2.2. Purpose of licensing motor vehicle dealers and repairers
- 2.3. Consumer protection snapshot
- 3. Current legislative framework
- 3.1. Existing regulation – motor vehicle dealers
- 3.2. Existing regulation – motor vehicle repairers
- 3.3. Recent or proposed amendments
- 3.4. Regulation in other jurisdictions
- 3.5. The Australian Consumer Law
- 4. Key issues – motor vehicle dealers
- 4.1. The definition of vehicle
- 4.2. Who should be licensed?
- 4.3. General criteria for licensing
- 4.4. Compensation fund
- 4.5. The Australian Consumer Law and the statutory obligation to repair (used car warranty)
- 4.6. Disclosure requirements
- 4.7. Cooling off periods
- 4.8. Consignment sales
- 4.9. E‐commerce
- 4.10. Licensing fees
- 4.11. Other issues
- 5. Key issues – motor vehicle repairers
- 5.1. Is a licensing regime appropriate for motor vehicle repairers?
- 5.2. What types of repair work should be covered by the act?
- 5.3. What is a motor vehicle?
- 5.4. Criteria for business licence
- 5.5. Criteria for repairer’s certificate
- 5.6. Persons working under supervision
- 5.7. No renewal of repairer’s certificate required
- 5.8. Impact of the Australian Consumer Law
- 5.9. Improved disclosure or information to consumers
- 5.10. Licensing fees
- 5.11. Other issues
- 6. Key issues – cross industry
- 6.1. Consolidation of the acts
- 6.2. Release or exchange of information
Appendix A: consumer guarantees under the Australian Consumer Law
Appendix B: summary of financial information required from licence applicants under the MVDA
Appendix C: classes of repair work