NSW Fines for Owning Odometer Tampering Devices and New Rules for Motor Dealers

Motor Dealers and Repairers Amendment Bill 2023

21 Nov 2023: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

Share this bill

Email Facebook X Bluesky

Topics

car dealerships consumer protection criminal penalties motor vehicles odometer fraud professional licensing road transport vehicle sales

Introduced by: The Hon Anoulack Chanthivong MP (ALP); The Hon Courtney Houssos MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Possessing a device that makes a motor vehicle odometer inaccurate is a criminal offence; the maximum penalty is 500 penalty units (2026: $55,000).
Motor dealers must display their licence number on their website and in advertising.
Online motor dealers must let prospective buyers inspect a vehicle before they buy it.
Motor dealers, recyclers and repairers must keep records as required by law.
Buyers cannot sue a motor dealer under the dealer guarantee if a consumer guarantee for a defect has already been fully met.
The Fair Trading Secretary can exempt certain licensed people from specific regulations.
Claimants have 18 months instead of 12 months to make a claim under section 169.
Individuals who breach section 15(1A) can be fined up to 50 penalty units (2026: $5,500).

The Debate

What different members said when this bill was debated:

Warren Kirby ALP

“As I was saying earlier, the Minns Labor Government has taken up the mantle of delivering the much-needed reform that will propel the automotive industry into the twenty‑first century by aligning our laws with the current realities of the market.”

Official source →

Julia Finn ALP

“The Motor Dealers and Repairers Amendment Bill 2023 implements recommendations arising out of the November 2020 Final Report‑Statutory Review of the Motor Dealers and Repairers Act 2013. Under the Australian Consumer Law, purchased products and services come with automatic guarantees that they will work or do what was asked for.”

Official source →

Anoulack Chanthivong ALP

“I particularly thank the member for Willoughby, the member for Mount Druitt, the member for Liverpool, the member for Kellyville, the member for Riverstone and the member for Granville. An important role of government is to ensure that legislation remains up to date, fit for purpose and well balanced so that it protects consumers while allowing industry to innovate and grow.”

Official source →

News articles and press releases

Motor Dealers and Repairers Amendment Bill 2023

The Hon. ANTHONY D'ADAM — 2023-08-24

Those reforms include inserting a new legislative framework to permit and regulate the online sales of motor vehicles by motor dealers; replacing the requirement for motor dealers, recyclers and repairers to maintain separate registers for specified matters, with a more general requirement to keep certain records in relation to their business; making it an offence to possess a device capable of rendering the odometer of a motor vehicle inoperative or inaccurate; making it an offence for a motor vehicle recycler to buy a motor vehicle or motor vehicle part or accessory with cash and to buy or sell an unidentified motor vehicle; extending the period within which a person may make a claim for compensation from the Motor Dealers and Repairers Compensation Fund; enhancing the existing disciplinary provisions; increasing the maximum penalty for various offences; and making other minor and cons