NSW Motor Dealers Licences

[Brend]

Any advice on the following situation would be appreciated.

I dealt with company (A) to purchase a campertrailer. When I performed a search it did not hold a Motor Dealers Licence.

The owner of company (A) had a separate company (B) which held a Motor Dealers Licence.

I informed the owner and he continued to sell campertrailers with company (A).

Company (B) licence during this time lapsed.

I then made complaints to NSW Fair Trading. NSW Fair Trading then effected a change to the company (A) record to be the holder of the Motor Dealers Licence.

ASIC searches showed no relationship between company (A) or (B). The only common thing was that they where both owned by the same person.

There are other matters which I believe would restrict the owner from holding a Motor Dealers Licence at all, however would like to focus on the following question.

When reading the "Motor Dealers and Repairers Act 2013 No 107" Part 1 > Section 5 Motor Dealers. It states "(1) A motor dealer means a person who carries on the business of dealing in motor vehicles as a retailer or on a wholesale basis. "

My question is, is a Motor Dealers Licence held by a "Person" or by a "Company"?
(or is it a legal terminology where companies are also called persons when writing ACT's?)

I also will note on the application form to become a Motor Dealer there are separate sections for Individuals and Corporations.

Appreciate any comment.

Thank you.

 

[Rob Legat - SBPL]

Acts generally refer to persons, and it is taken as meaning both corporations and individuals. The rules for interpreting statutes are set out in various 'interpretation acts' in each Australian jurisdiction.

See for example the definition of person section 21 of the NSW Interpretation Act: INTERPRETATION ACT 1987 - SECT 21 Meanings of commonly used words and expressions

Generally most forms of licence/registration can be held by a company. In this case, any licensed company must have at least one nominated responsible person attached as a manager.