RTA Form 1138 - Statutory Vehicle Write-Off Form and Requirements
New South Wales Consolidated Acts
[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help] MOTOR VEHICLE REPAIRS ACT 1980 - SECT 46
Meaning of “unjust” conduct46 Meaning of “unjust” conduct
For the purposes of this Part, conduct of a repairer (whether or not the repairer is the holder of a licence or is an exempted person) is "unjust" if it is conduct:
(a) that is dishonest or unfair, or
(b) that consists of anything done, or omitted to be done, in breach of contract, whether or not proceedings in respect of the breach have been brought, or
(c) that consists of the contravention of this Act or the regulations or any other Act or regulation administered by the Minister, or
(d) that consists of a failure to comply with a condition or restriction to which the licence is subject or an order of the Tribunal applicable to the holder.
MOTOR VEHICLE REPAIRS ACT 1980 - SECT 87A
Penalty notices for certain offences87A Penalty notices for certain offences
(1) An inspector or police officer may serve a penalty notice on a person if it appears to the inspector or officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.
(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.
(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
