Autosports Castle Hill Pty Ltd

Name of corporation

Autosports Castle Hill Pty Ltd

Business type

Motor dealer

Trading address

Parramatta NSW 2150, Castle Hill NSW 2153, Alexandria NSW 2015

Nature of offence or unfair conduct

Between 17 July 2018 and 24 May 2024 Fair Trading identified the following alleged conduct which may have constituted breaches (regardless of whether the breaches were the subject of regulatory action).

Under the MDR Act:

1. s 58(1) - sell motor vehicle with number plate not give inspection report;
2. s 63(2) - offer etc motor vehicle without dealer's notice attached;
3. s 63(3) - sell second hand motor vehicle not sign/give dealer's notice;
4. s 100(5) - licensee fail to keep etc register in accordance with section 100;
5. s 155(a) - fail to comply with notice, requirement or answer question;
6. s 183 - knowingly make false or misleading. entry in register;
7. s 184 - Tender etc incomplete sale document for signature.

Under the MDR Regulations:

1. cl 7(a) - display sign as prescribed at notified premises;
2. cl 16(2) - register must be kept at notified premises for which the licence is held;
3. cl 18(a)(i) - register is capable of being displayed and printed on demand;
4. cl 26 - motor vehicles not for sale per s 63(4)(a);
5. cl 27(a) - completion of dealer's notice entered no later than when the transaction or event occurs;
6. cl 28(b) - fail to retain downloaded etc dealer's notices as prescribed;
7. cl 28(c) - fail to produce copies of notices for inspection on request.

Under the ACL:

1. s 151 (1 )(a) - falsely represent standard, quality etc of goods;
2. s 151 (1 )(i) - falsely represent price of goods or services;
3. s 157 (1) - advertise goods, services at price not attainable.

Summary of Undertakings given in the Deed

• Autosports will appoint a "Compliance Officer" with responsibility for establishing, maintaining, and administering a Compliance Policy to ensure future compliance with the MDR Act, the MDR Regulations, the FT Act the ACL and
• Develop a Compliance Policy and
• Communicate a copy of the Compliance Policy to all employees and contractors of Autosports employed or operating in New South Wales

Consumer compensation

Autosports will pay compensation of $31,731.00 to affected consumers

Pecuniary Penalty

Autosports will pay to the NSW Consumer Law Fund maintained under s 79Y of the FT Act an amount of $25,000.00

Investigation Costs

Autosports will pay to the NSW Consumer Law Fund maintained under s 79Y of the FT Act an amount of $12,800.00

Date of execution of undertaking

17 July 2025

Expiry of duration of undertaking

17 July 2027