Statement of Regulatory Intent – Changes to online motor dealing

Purpose

This Statement of Regulatory Intent applies to licensed motor dealers in NSW currently selling motor vehicles on their website.

It sets out the actions that NSW Fair Trading will take to enforce:

• The provisions of the Motor Dealers and Repairers Amendment Act 2023 relating to online motor dealing commencing 1 September 2025, including changes to Definitions, and sections 19A, 20B, 48, Division 3A, 73, 80, 86 and Part 6.
• The provisions of the Motor Dealers and Repairers Regulation 2025 relating to online motor dealing, including sections 6, 57 and Schedule 2.

This Statement provides motor dealers until 1 December 2025 to comply with the new requirements related to online motor dealing.

Enforcement approach

Licensed motor dealers who currently sell online will have until 1 December 2025 to comply with the new requirements for online motor dealing, including:

• notifying NSW Fair Trading in the approved form at least 20 business days before selling online
• providing NSW Fair Trading the:
  • URL of their online motor dealer’s website
  • address of the premises intended for storage of motor vehicles or records
  • address of the premises intended for use as an office.
• maintaining a URL address that ends with “.au”
• maintaining the premises in New South Wales
• displaying their licence number on their website and advertising material
• providing disclosure documents on their website
• giving prospective online purchasers and buyers an opportunity to inspect the motor vehicle
• not requesting a deposit for a vehicle that is above 10% of the purchase price, and
• abiding by a cooling off period for online sales from the time the purchaser enters into the contract until 5pm the next day.

This is designed to allow motor dealers currently selling online to continue to trade without having to stop selling online on 1 September 2025.

During this time, NSW Fair Trading will take an educational approach to compliance to provide guidance on the necessary steps to remain compliant.

NSW Fair Trading reserves the right to vary its approach as appropriate to the circumstances, particularly in cases that may involve a significant risk of harm or consumer or community detriment.

These transitional arrangements only apply to existing online motor dealers who were operational before 1 September 2025.

Background

From 1 September 2025, amendments to the Motor Dealers and Repairers Act 2013 and the remade Motor Dealers and Repairers Regulation 2025 will commence. The changes introduce among other things, a new framework for online motor dealing which includes specific requirements for motor dealers selling motor vehicles on a website.

Maggie Phang

A/Executive Director Policy & Delivery, NSW Fair Trading

29 August 2025