Controlling the illegal elements of the motor trade

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Controlling the illegal elements of the motor
trade
Peter Hiland, General Manager
Compliance Enforcement
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Controlling the illegal elements of the motor car
trade
Key principles of CAVs enforcement approach

• Proportionality
• Consistency
• Transparency
• Targeting

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Controlling the illegal elements of the motor car
trade
Enforcement objectives

• Stop the unlawful conduct
• MCTA s.33A
• FTA civil remedies
• Substantiation notices s.106A
• Show cause notices s.16B
• Suspension of licenses s.106C
• FTA remedies under Part 11

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Controlling the illegal elements of the motor car
trade
Enforcement objectives

• Secure compensation or other redress for those
  affected by the unlawful conduct
• VCAT compensation orders
• Sentencing Act 1991 compensation order
• Ensure compliance with the law
• Raise awareness of legislative requirements
  through publicity of enforcement outcomes
• Punish deter people from further breaches of
  the law
• Prosecution with criminal sanctions
• VCAT disciplinary proceedings

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Controlling the illegal elements of the motor car
trade
CAVs performance last 2 years
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Controlling the illegal elements of the motor car
trade
CAVs performance this year
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Controlling the illegal elements of the motor car
trade
Current matters

• Odometer tamper (x3)
• Unlicensed trading (x3)
• Consignment selling (x1)
• Failure to discharge a security interest (x1)

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Controlling the illegal elements of the motor car
trade
Enforceable undertakings

• Not a soft option
• Must address each of CAVs enforcement objectives
• Will be monitored
• Must contain acknowledgement of breach
• Will be publicised
• Will be enforced

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Controlling the illegal elements of the motor car
trade

• Where to from here?

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Controlling the illegal elements of the motor car
trade

• Unfair terms
• Consumer contracts