Changes to trading laws

Changes to the Motor Car Traders Act, the Small Claims Act and the Second-Hand Dealers and Pawnbrokers Act came into effect on February 1.

Amendments to the Small Claims Act 1973 allows complaints by traders against other traders to be heard at VCAT rather than in a Magistrates Court. The Act now covers all complaints by customers, whether they are individual consumers, traders or companies.

Other changes to the Small Claims Act include the ability of VCAT to make an order against an applicant and to make orders for an amount exceeding $10,000 if both parties agree.

Amendments to the Motor Car Traders Act 1986 bring it into line with the Road Safety Act 1986 to overcome any confusion about roadworthy certificates. This change requires dealers selling a car registered under the Road Safety Act who send a certificate of roadworthiness to VicRoads to also provide the buyer with a copy of that certificate.

The Second-Hand Dealers and Pawnbrokers Act 1989 has been amended so that anyone who has been suspended, cancelled or disqualified from a Commonwealth or state regulated industry within a certain period is now ineligible for registration.

However, some categories of people who may be disqualified on a technical reading of the Act can nevertheless be registered if the Business Licensing Authority decides it is not against the public interest, and where special circumstances exist.

This would, for example, cover circumstances where a person has been convicted of a relatively minor offence totally unconnected with the business.

(News Release, Office of the Minister for Fair Trading, February 10, 1999)