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Motor Car Trading in Victoria


Motor Car Trading in Victoria

Motor Car Traders Act 1986

If completing this form by hand, please complete details in block letter, using a black or blue pen.

Please read this information before completing this form

Information for traders and people applying to work in customer service

The law prevents a licensed motor car trader from employing certain people in a ��customer service capacity��, unless the Business Licensing Authority (BLA) gives permission.

You are not allowed to work in customer service if:

  • You have had a claim admitted against the Motor Car Traders Guarantee Fund
  • You were a partner or a director of a partnership or body corporate that has had a claim admitted against the Motor Car Traders�� Guarantee Fund.
  • You were a person concerned in the management of a motor car traders business and a claim , in relation to an act or omission that occurred during the period when you were a partner or director of, or a person involved in the management of, the partnership or body corporate
  • within the last 10 years, have been found guilty or convicted of an offence involving fraud, dishonesty, drug trafficking or violence, for which a court could sentence you to up to three months imprisonment or more (even if you were not actually sentenced to imprisonment)
  • you are disqualified from holding a motor car trader��s licence, or from being employed by a motor car trading business. 

This applies to any job that requires the employee to deal with members of the public who are buying, selling or exchanging motor cars or seeking to buy, sell or exchange motor cars.

Traders and employees who breach these restrictions may face significant penalties. An ineligible person can apply to the BLA for permission to work in a customer service capacity. Permission must be obtained before commencing employment. An employer can ask the BLA if a prospective employee has permission by emailing bla@justice.vic.gov.au.

Note: You do not need to send a copy of this form to the BLA; the completed form must be retained by the employer for 7 years.

Privacy - The Business Licensing Authority (BLA) is committed to responsible and fair handling of personal information consistent with the Privacy and Data Protection Act 2014 and its obligations under the Business Licensing Authority Act 1998.  In accordance with the Motor Car Traders Act 1986, certain information must be provided on a public register. For privacy information, please refer to our privacy statement available at consumer.vic.gov.au/blaprivacy.

 

Applicants

You must give your prospective employer a completed Form 3, Notice to Motor Car Trader by Prospective Person Employed in a Customer Service Capacity (see overleaf), before you start work. You can find information to help you complete this form below.

You must also:

  • give your motor car trader employer a copy of a police records check that is not more than six months old, or
  • get a police records check (see below) and give it to your employer within six weeks of the date that you start work.

If you do not provide these documents, you cannot work in a customer service capacity in motor car trading.

How to complete Form 3

This form asks you to make a declaration. By signing, you certify that the information is true and correct. The motor car trader is entitled to verify the information you provide. You may face significant penalties for a false or misleading declaration.

  • Write your full name and residential address in the spaces provided at the top of the form.
  • Check the applicable box in each of the seven statements (a-g). Note that:
  • in Statement (d), a ��serious offence�� means any offence involving fraud, dishonesty, violence or drug trafficking, punishable by imprisonment for three months or more (whether or not any penalty of imprisonment was imposed). It includes an offence in Australia or elsewhere
  • in Statement (f), ��disqualified from holding a licence�� means:
    • the Victorian Civil and Administrative Tribunal (or the former Motor Car Traders Disciplinary and Licensing Appeals Tribunal) declared you ineligible, either temporarily or permanently, to hold a motor car trader��s licence or to be employed by a licensed motor car trader in any capacity, or
    • a regulatory body outside of Victoria disqualified you from being employed in any capacity in connection with the business of a motor car trader (or an equivalent occupation under the jurisdiction of the regulatory body).
  • Sign and date the declaration in the space provided.

How to get a police records check

You can get a ��national names�� check from Victoria Police by completing their application form and paying an application fee. The application form is available at www.police.vic.gov.au or by calling 1300 881 596. Application fees for national names checks change on 1 July every year. Applications by mail must include a cheque or money order for the application fee. You should allow at least 10 working days for your application to be processed.

Motor Car Traders (employer)

When recruiting to a customer service position:

  • carefully examine the completed Form 3 before employing or transferring the person
  • review the police records check prior to employment or within six weeks of when they start work.

If you employ the applicant, keep a copy of the completed Form 3 for seven years from the date they signed the declaration. Do not send a copy to the Business Licensing Authority (BLA).

You face significant penalties for employing a person in a customer service capacity without a completed Form 3.

Existing employees do not have to provide a Form 3 or a police check until they change roles or employers. For example, an existing employee changing from an administrative job to a sales role after 1 December 2008 must complete Form 3 and get a police check.

For more information, visit consumer.vic.gov.au/bla.

 

Notice to Motor Car Trader by prospective person employed in a customer service capacity

Declaration of eligibility to be employed in a customer service capacity

Motor Car Trader Act 1986


I (insert name of person to be employed)
 
Of (insert residential address of person to be employed)
  Postcode  
Declare that I

(*check the box that is applicable)

  1. *have
  / *have not   had a claim admitted against the Motor Car Traders�� Guarantee Fund
(note: see paragraph (c) below); and
  1. *am
  / *am not   or was   / was not   a partner or director of, or person concerned in
the management of, a partnership or body corporate that has had a claim admitted against the Motor Car Traders�� Guarantee Fund in relation to an act or omission that occurred at a time I was a partner or director of, or a person involved in the management of, the partnership or body corporate (note: see paragraph (c) below); and
  1. *have
  / *have not   obtained permission under section 29A of the Motor Car Traders Act 1986
in relation to a claim or claims referred to in paragraphs (a) and (b) above; and (please specify further details of permission obtained):
 
  1. *have
  /*have not   , within the last 10 years, been found guilty or convicted of a disqualifying
or serious offence involving fraud, dishonesty, drug trafficking or violence (whether or not a conviction was recorded)

(note: see paragraph (e) below); and

  1. *have
  /*have not   obtained permission under section 29B of the Motor Car Traders Act 1986
in relation to an offence involving fraud, dishonesty, drug trafficking or violence referred to in paragraph (d) above; and (please specify further details of permission obtained):
 
  1. *am
  /*am not   for the time being disqualified from holding a motor car trader��s licence; and
  1. *am
  /*am not   for the time being disqualified from being employed in any capacity in
connection with the business of a motor car trader (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction).
Signature of proposed employee making the declaration
 
Print full name
 
Date
      / /
Note: Under section 84A of the Motor Car Traders Act 1986 it is an offence punishable by a fine of 50 penalty units to make a false or misleading statement or omission in this declaration. Under section 35A of the Motor Car Traders Act 1986, a motor car trader must receive a completed declaration from a person before that person is employed in a customer service capacity by the trader. Also, under section 35A, a person is disqualified from being employed in a customer service capacity by a motor car trader unless the person gives the trader a police check of one of the two kinds specified in section 35A. The police check and the Form 3 must be retained for at least 7 years, as they are prescribed documents under regulation 26.

Version(1/07/13)


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(02/16) 
 
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