Issue 20 – April 2024Changes to Motor Vehicle Dealers (Sales) RegulationsOn 7 June 2024, amendments to the Motor Vehicle Dealers (Sales) Regulations 1974 (the Regulations) will come into effect. You can start preparing now. Download a copy of the Regulations to read more on the changes that will start on 7 June 2024 and how to use the new prescribed forms and vehicle sale contract. Until then, use the current forms. The Consumer Protection website will be updated to reflect the various changes. An Industry Bulletin will be sent closer to 7 June 2024 so that dealers know when the new forms are available to download from Consumer Protection’s website. The amendments are explained in more detail below: Repairable write-off disclosureFrom 7 June 2024 dealers must disclose whether a vehicle they sell has been listed as a repairable write-off on the written-off vehicle register. As you know, Form 4 – Vehicle particulars contains important information about a vehicle for prospective purchasers to know before deciding whether to buy a vehicle. You must use the new Form 4 for every second hand vehicle, including motor cycles, and complete the new ‘Yes/No’ tick box on Form 4 to indicate whether the vehicle is:
Form 4 will no longer include the explanation about the statutory warranty for a used car or motor cycle. Instead, a dealer must give a purchaser a separate information statement (refer Form 5A below) about the statutory warranty. It will continue to be a requirement that all details on the Form 4 are completed. Dealers should especially note that the details include the date of sale and odometer reading at time of sale, which as occurs now, must be inserted in the Form 4 when the vehicle is sold. Statutory warranty information statementsBefore a dealer sells a second hand vehicle, the dealer must give the purchaser an information statement regarding the existence and nature of the statutory warranty under the Motor Vehicle Dealers Act 1973, if any, that applies to the vehicle. The information statements will be contained in:
The use of Form 5 – Notice of defects excluded from warranty is largely unchanged. Small changes have been made to delete the reference to a ‘Chassis No’, refer to mileage as “kms/miles”, and an update to the Department’s web address. Vehicle sale contractThe vehicle sale contract sets out that a dealer may seek damages up to, but not exceeding, 5% of the purchase price of the vehicle as damages for the purchaser’s breach of the contract. This will not change. Clause 8 of the vehicle sale contract has been amended to insert a new clause which states that any amount sought by the dealer when the purchaser breaches the contract must be a genuine estimate of the dealer’s loss. From 7 June 2024 all vehicle sale contracts must include the amended clause 8. Why have these changes been made?Repairable write-off disclosure – Requiring dealers to disclose to prospective buyers if a vehicle they are selling is listed on the written-off vehicle register as a repairable write-off was a recommendation in the Department’s review of the Motor Vehicle Dealers Act 1973 and the Motor Vehicle Repairers Act 2003. Consumers will benefit as this additional disclosure will help make an informed purchasing decision. Changes to prescribed forms – Listing the vehicle particulars that must be disclosed, and amending the prescribed forms, ensures the requirements reflect current industry practice and makes clear the requirements that apply to the sale of all second hand vehicles. Vehicle sale contract pre-estimated damages – Consumer Protection has continued to receive complaints from consumers about dealers attempting to automatically charge the maximum 5% pre-estimated damages without regard to the dealer’s actual or anticipated loss. This small change will protect consumers by making it clear to all dealers of second hand vehicles that any amount claimed by a dealer must be a genuine estimate of loss arising from the breach of the contract. Frequently Asked Questions (FAQs)The following FAQs are intended to provide dealers with practical guidance on the use of the new forms. What is the size of the Form 4? How do I use the Form 4 if I sell a motor cycle? How and when should I give the information statement to the purchaser? The engine number is difficult to locate. Can I list the engine number based on paperwork I obtained with the vehicle? Where can I read the new Regulations? Until then, you can read the copy of the Regulations that compares the current law with the law that will apply from June 7, 2024. The Motor Vehicle Dealers (Sales) Amendment Regulations 2024 are also available on the WA Legislation website and shows the changes that are being made to the Regulations. If you have further questions or would like more information about these changes, please contact Consumer Protection on 1300 30 40 54 or by email at automotive@dmirs.wa.gov.au. |
New Department of Training and Workforce Development (DTWD) Website Location
From 5 April 2024, the Department of Training and Workforce Development has relocated its website to http://wa.gov.au/dtwd .
Redirects are in place from the old to new website, but you may also like to update your bookmarks and/or websites and other items with new links for the following key content items.
• Apprenticeship Office: wa.gov.au/dtwd/apprenticeship-office
• Support and information for training providers and schools: wa.gov.au/dtwd/vet
• JSWA contracted providers: wa.gov.au/dtwd/vet-jswa
• Class A/B Register for apprenticeships and traineeships: wa.gov.au/dtwd/classab
• Training product (curriculum) search: wa.gov.au/dtwd/tps
• WA nominal hours guides: wa.gov.au/dtwd/nhg
• State priority occupations list (SPOL): wa.gov.au/dtwd/spol
• Workforce development information: wa.gov.au/dtwd/workforce
• Policy and legislation: wa.gov.au/dtwd/policy
• About the Department (includes corporate documents): wa.gov.au/dtwd/about-us
The Jobs and Skills WA website at jobsandskills.wa.gov.au remains in place, as a one-stop-shop for training, career development and jobseeker support.
Should you have any queries about the website, please contact the Department direct via http://wa.gov.au/dtwd or use their Enquiry Form