Infringements and penalties
The Motor Vehicle Repairers Act 2003 imposes serious obligations on licensed repair business operators and the way they operate their business. Failing to meet those obligations can result in the Department issuing an infringement notice, prosecuting offending licence holders before a Court or initiating disciplinary action in the State Administrative Tribunal.
Infringement Notices may be issued for certain offences where the penalty can be as high as $2,500. Fines for breaches of the Act, for example unlicensed repairing, can be as high as $50,000 plus a daily penalty of $1,000. The State Administrative Tribunal also has the power to take a licence away.
Licence holders should read the following list in context with the full provisions of the Motor Vehicle Repairers Act 2003 and Regulations.
Copies of the Act and Regulations can be downloaded or purchased from the State Law Publisher.
The following table outlines offences for which an Infringement Notice may be given under the Act.
| Section | Description of Offence | Penalty | Modified penalty | |
|---|---|---|---|---|
|
individual |
body corporate | |||
| S. 14(2) | Failing to notify Board in writing of any changes to licence application within 14 days after the change occurs. | $1,500 | $150 | $300 |
| S. 27(6) | Failing to produce the licence to the Board for amendments within time period specified by the Board. | $1,500 | $150 | $300 |
| S. 33(2) | Failing to notify Board within 14 days after the loss of a member in a firm or body corporate. | $2,000 | $200 | $400 |
| S. 38(1) | Failing to make application to the Board if a new member joins the firm. | $2,000 | $200 | $400 |
| S. 38(2) | Failing to make an application to the Board if a new person joins the body corporate. | $2,000 | - | $400 |
| S. 39(2) | Individual performing a prescribed class of repair work when they are not certified in that class. | $5,000 | $500 | - |
| S. 39(3) | Business allowing person to perform a prescribed class of repair work they are not certified to carry out or supervise. | $5,000 | $500 | $2,500 |
| S. 40 | Individual claiming to hold a certificate for a particular class of repair work they do not have. | $5,000 | $500 | - |
| S. 43(6) | Failing to produce certificate to the Board for amendments within time period specified by the Board. | $1,500 | $150 | $300 |
| S. 48(1) | Failure of certified repairer to notify Board of new residential address no later than 14 days after the change occurs. | $1,500 | $150 | - |
| S. 57 | Carrying on business at premises not authorised by the Board for the licence. | $5,000 | $500 | $2,500 |
| S. 63(3) | Failing to display certificate relating to authorised premises in a conspicuous position on the premises. | $1,500 | $150 | $300 |
| S. 64(2) | Failing to return certificate of authorisation of premises which has been revoked by the Board. | $1,500 | $150 | $750 |
| S. 69(2) | Failing to notify Board within 7 days after becoming aware of being convicted for a relevant offence. | $1,500 | $150 | $300 |
| S. 71(3) | Failing to comply with directions of the Board regarding return of a licence or certificate to the Board. | $1,500 | $150 | $750 |
| S.108 | Failure to display business name and licence number as required. | $1,500 | $150 | $300 |
| Regulation 7G | Failure of a repair business to notify the Board in writing of a person ceasing, or becoming, a qualified repairer of the licensee. | $2,000 | $200 | $400 |