NSW Odometer Devices Law Commences 1 December 2023

The NSW Department of Customer Service has announced commencement of changes to the Motor Dealers and Repairers Act, following amendments passed by the NSW Parliament in October 2023.

On 1 December 2023:

  • Maximum fines for odometer tampering under section 52 will increase to $55,000.
  • The law has also been amended so that a person must not possess or fit to a motor vehicle a device capable of rendering the odometer of the motor vehicle inoperative or inaccurate, although allowance is made for licenced Dealers to lawfully replace or repair odometers upon notifying the Secretary of the Department.

Other changes commencing 1 December include:

  • allowing the Secretary of the Department to issue a monetary penalty as a disciplinary action,
  • preventing phoenixing by individuals responsible for corporation misconduct,
  • addressing misconduct by the individual across multiple licences, and
  • preventing certain persons from working in licensed motor businesses.

The Department is taking a staged approach to commencing the Bill.

AADA expects to be involved in further consultations with the Department in the new year regarding a remake of the Motor Dealers & Repairers Act Regulations due to sunset in September 2024.

The guidance note issued by the NSW Department of Customer Service can be found below.