Impact of the Motor Dealers and Repairers Act 2013 (NSW) on motor vehicle manufacturers

By Rebecca Bedford and Ben Dodgshun

On 27 November 2013, the New South Wales parliament passed the Motor Dealers and Repairers Act 2013 (NSW). The Act consolidates the Motor Dealers Act 1974 (NSW) and the Motor Vehicle Repairs Act 1980 (NSW) into one cohesive piece of legislation and introduces new provisions regulating the relationships between NSW motor dealers (dealers) and motor vehicle manufacturers (manufacturers). Manufacturers (which is defined in the Act to include distributors) need to pay particular regard to the new provisions dealing with unfair contracts which could have implications for their existing dealer agreements.

In light of the provisions of Part 6 of the Act, manufacturers should undertake a review of existing NSW dealership agreements to assess any increased risks arising out of the Act…

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