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Law outbids unlicensed Gold Coast motor dealer

09 April 2019

A Southport woman was fined $6,000 by the Southport Magistrates Court yesterday (8 April 2019) after being charged by the Office of Fair Trading (OFT) for unlicensed motor dealing.

Emilia Lloyd was found guilty of one count of carrying on the business of a motor dealer while unlicensed under the Motor Dealers and Chattel Auctioneers Act 2014. A conviction was recorded.

The OFT commenced an investigation after a report was received from another motor dealer who saw Ms Lloyd bidding for vehicles at a dealers only auction while unlicensed.

A search confirmed that Ms Lloyd had not held a motor dealer licence or registration certificate since 2009.

The court heard that Ms Lloyd acquired seven used motor vehicles between July 2018 and November 2018 and registered them in her name.

Ms Lloyd sold each vehicle, via separate advertisements, on Gumtree.

The court also heard Ms Lloyd failed to cooperate with the OFT throughout the investigation and declined to attend a record of interview.

In sentencing Magistrate White considered Ms Lloyd’s lack of cooperation throughout the investigation and noted Ms Lloyd’s continued non-compliance with motor dealing laws.

Fair Trading Acting Executive Director Craig Turner said unlicensed motor dealing weakened the public’s trust in the industry, disadvantaged legitimate licensed motor dealers, and deprived consumers of avenues to obtain redress should something go wrong with the vehicle.

“The defendant’s conduct was an attempt to avoid providing consumer protections such as statutory warranties and cooling-off periods,” Mr Turner said.

“The OFT will continue to stamp out this type of conduct.”

A free search tool can be found on the OFT website to check if a motor dealer is licensed.

More information on the legal obligations for motor vehicle dealers is available on the OFT website or by calling 13 QGOV (13 74 68).