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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-19 Daily Xml
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SECOND-HAND VEHICLE DEALERS (COOLING-OFF RIGHTS) AMENDMENT BILL

Final Stages

The House of Assembly agreed to the bill with the amendments indicated by the following schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council:

No. 1. Clause 17, page 8, after line 30 [clause 17, inserted section 18B(7)]—After the penalty provision insert:

Expiation fee: $500.

No. 2. Clause 31, page 14—Delete clause 31 and substitute:

31—Amendment of Schedule 3—Second-Hand Vehicles Compensation Fund

(1) Schedule 3, clause 2(1)—After paragraph (a) insert:

(ab) made a payment to a dealer in respect of the purchase of a second-hand vehicle under a contract that has been rescinded in accordance with section 18B; or

(2) Schedule 3, clause 2(1)(d)—Delete 'person' and substitute:

claimant

(3) Schedule 3, clause 2(1)(e)—Delete 'person' and substitute:

claimant

(4) Schedule 3, clause 2(1)—Delete 'that person' and substitute:

the claimant

(5) Schedule 3, clause 2(2)—Delete 'This clause' and substitute:

This Schedule

(6) Schedule 3, clause 2(2)(b)—Delete 'person making the claim' and substitute:

claimant

(7) Schedule 3, clause 2—After subclause (2) insert:

(4) The personal representative of a claimant (including a deceased claimant) is entitled to make the claim on behalf of the claimant or the claimant's estate.

(8) Schedule 3—After clause 2 insert:

2B—Determination, evidence and burden of proof

(1) In determining a claim for compensation under this Schedule, any possible reduction to which the claimant's entitlement may be subject because of insufficiency of the Fund must be disregarded.

(2) Any fact to be proved by a claimant under this Schedule is sufficiently proved if it is proved on the balance of probabilities.

(9) Schedule 3, clause 3(2)—Delete subclause (2) and substitute:

(2) The following amounts will be paid out of the Fund:

(a) an amount authorised under this Schedule;

(b) expenses incurred in administering the Fund (including expenses incurred in insuring the Fund against possible claims);

(c) the costs of investigating compliance with this Act or possible misconduct of dealers or salespersons;

(g) any amounts, approved by the Minister, to be paid towards the cost of prescribed educational programs conducted for the benefit of dealers, salespersons or members of the public;

(h) any amount required to be paid into the Consolidated Account under subclause (4).

Consideration in committee.

The Hon. G.E. GAGO: I move:

That the amendments be agreed to.

There is a money clause component and a new amendment dealing with expiation. After consultation with the industry, the government has amended the bill in relation to the Second-Hand Vehicles Compensation Fund.

The amendment proposes that the Magistrates Court should still determine claims on the compensation fund. The amendment also proposes to expand the use of the compensation fund only to prescribed education programs and investigating compliance with the act or possible misconduct of dealers or salespeople. The industry has indicated that it accepts these changes.

The Hon. T.J. STEPHENS: On behalf of the opposition I indicate our support. It has been our wish to work with the industry. If it is comfortable with these measures, we will certainly support them.

Motion carried.

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