Motor Vehicle Sales Act 2003

Miscellaneous provisions - Transitional provisions for licensees' obligations

157: Obligations of licensees

You could also call this:

"What licensees must do under the Motor Vehicle Sales Act"

Illustration for Motor Vehicle Sales Act 2003

You have obligations as a licensee under the old Act. The old Act still applies to dealings in motor vehicles that happened before this new Act started. This means you must still follow the rules in the old Act for those dealings. You can still take disputes about those obligations to a Disputes Tribunal. The Disputes Tribunal will deal with the dispute as if the new Act had not been passed. You can refer a dispute to a Disputes Tribunal under section 96(4) of the old Act. If you had already taken a dispute to a Disputes Tribunal before the new Act started, it will be dealt with as if the new Act had not been passed. This means the Disputes Tribunal will finish dealing with the dispute according to the old Act's rules. The Disputes Tribunal has the same power to deal with the dispute as it would have had under the old Act.

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Part 5Miscellaneous provisions
Transitional provisions for licensees' obligations

157Obligations of licensees

  1. The repeal of the former Act does not affect the obligations imposed by Part 7 of that Act in relation to dealings in motor vehicles that took place before the commencement of this Act.

  2. For the purpose of dealing with allegations, complaints, and disputes in relation to those obligations, the former Act continues in force as if this Act had not been passed.

  3. However, a dispute in relation to an obligation to which subsection (1) applies may, after the commencement of this Act, be referred under section 96(4) of the former Act to a Disputes Tribunal constituted under section 82, and the Disputes Tribunal to which the dispute is so referred has the same jurisdiction to deal with that dispute as a Disputes Tribunal established under section 97 of the former Act would have had.

  4. If, before the commencement of this Act, a dispute to which section 96 of the former Act applies has, under that section, been referred to a Disputes Tribunal established under section 97 of that Act, that dispute must, if it has not been settled or determined at the commencement of this Act, be dealt with by that Disputes Tribunal as if this Act had not been passed.