- establish a scheme for the licensing and regulation of motor vehicle dealers, repairers, recyclers and industry tradespersons;
- provide consumer protection and remedies against dealers, repairers, recyclers and industry tradespersons;
- increase the transparency of the retail sector of the industry through the establishment of conduct standards;
- institute enforcement and disciplinary mechanisms for any violation of the proposed Act; and,
- provide protection for motor vehicle dealers against unfair contract dealings with motor vehicle manufacturers.
Part 2 of the Bill proposes that all the stakeholders are to acquire a licence that is valid for 3 years, subject to any conditions imposed at the discretion of the Public Service agency (the Secretary).
- a licensee is prohibited from carrying on business, or advertising the carrying on of a business, anywhere but the address(es) stated on the licence;
- a licensee cannot sub-contract work to any service provider who does not hold a valid licence under the Bill;
- a person cannot receive requests for repair work from insurers if they do not hold a valid motor vehicle repairer’s licence.
- that any motor industry group may raise their dispute with the Office of the NSW Small Business Commissioner on the grounds of an unfair contract term or unjust conduct by any manufacturer/distributor under a supply contract;
- that any valid dispute can be raised with the Consumer Trader and Tenancy Tribunal (CTTT) for a declaration of an unfair contract term or unjust conduct;
- that a range of remedies or orders, including monetary compensation, is available to the CTTT at its discretion to exercise over a party in violation of Part 6 of the Bill.
Part 6 of the Bill reinstates the protection that motor vehicle dealers once enjoyed under the Industrial Relations Act 1996, which were made redundant by a High Court decision in 2006.
It is important for stakeholders to note that the Bill is not in its final form, if it is to be passed through the NSW State Government at all.