Second-hand Motor Vehicles Act 1983 (SA)

SOUTH AUSTRALIA

SECOND-HAND MOTOR VEHICLES ACT, 1983

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 21 December, 1987.

The Commissioner of Statute Revision is authorized by the Acts Repub- lication Act, 1967, to make textual alterations of various kinds to an Act in preparing it for reprint. These alterations do not affect the substantive law. A report has been prepared containing a comprehensive list of textual alter- ations made under the Acts Republication Act, 1967, in the preparation of this reprint. Copies of the report are available, on request, from the office of the Commissioner of Statute Revision, 11th Floor, S.G.I.C. Building, Victoria Square, Adelaide. ,

Second-hand Motor Vehicles Act, 1983

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.         ShorI title

5.

Interpretation

Application of this Act

Nonderogation

Commissioner to be responsible for administration of Act

PART I1

LICENSING OF DEALERS

DIVISION I-GRANT OF LICENCES

Dealer must be licensed Application for a licence Duration of licences

DIVISION IA-CONDITIONS OF LICENCE

Conditions of licence

DIVISION 11-REGISTRATION OF PREMISES

Registration of dealer's business premises

Registration of dealer's place of repair

DIVISION 111-DISCIPLINARY POWERS

Tribunal may exercise disciplinary powers

Disqualified persons not to be involved in business of dealer

Record of disciplinary action to be kept

PART 111

DEALING IN SECOND-HAND VEHICLES

DIVISION I-SALES OTHERWISE THAN BY AUCTION

Application of this Division

Notices to be displayed

Fonn of contract

Notices to be provided to purchasers of second-hand vehicles

D1vlsIoN 11-SALES BY AUCTION

Interpretation

Notices to be displayed in case of auction

Notices to be provided to purchasers of second-hand vehicles

Trade auctions

PART IV

DUTY OF DEALERS TO REPAIR SECOND-HAND VEHICLES

Duty to repair

Enforcement of duty to repair

Conciliation

PART V

COMPENSATION FUND

Second-hand Vehicles Compensation Fund

Licensees required to pay contributions

Claim against Fund

Right of Commissioner where claim allowed

Accounts and audit

PART VI

MISCELLANEOUS

No waiver of rights

Interference with odometers prohibited

Evidentiary provision

Liability of dealers for acts or omissions of employees or agents

Certlin agreements to indemnify dealer void

Second-hand Motor Vehicles Act, 1983

38. Investigations

38a.

Commissioner of Police may appear in proceedings before Tribunal

Annual repon

S e ~ c e of documents

False or misleading information

Name in which licensee may carry on business

Return of licences suspended or cancelled

Vicarious liability for offences by body corporate

Continuing offences

Summary procedure

Commencement of prosecutions

Regulations

SCHEDULE

SECOND-HAND MOTOR VEHICLES ACT, 1983

being

Second-hand Motor Veh~cles Act, 1983, No. 54 of 1983 [Assented to 16 June 198311

as amended by

Second-hand Motor Vehicles Act Amendment Act, 1985, No. 17 of 1985 [Assented to 14 March 19851; Second-hand Motor Vehicles Act Amendment Act, 1986, No. 19 of 1986 [Assented to 20 March 198612; Second-hand Motor Veh~cles Act Amendment Act (No. 2), 1986, No. 116 of 1986 [Assented to , P ,O*L,,.

2" Y***'..Y*. I,"", ,

Statutes Amendment (Fair Trading) Act, 1987, No. 43 of 1987 [Assented to 30 April 198714

NOTE: Asterisks indicate repeal or deletion of text. For funher explanation see Appendix.

An Act to regulate dealing in second-hand motor vehicles; and for other

purposes.

The Parliament of South Australia enacts as follows:

PART I

PRELIMINARY

1. This Act may he cited as the "Second-hand Motor Vehicles Act, s~,~.,I,

1983".

5. In this Act, unless the contrary intention appears- lntemmfation

"auctioneer" means a person who cames on the business of con- ducting auctions for the sale of goods, and includes a dealer who in the course of business conducts an auction for the sale of a second-hand vehicle:

"authorized officer" means an authorized officer under the Fair

Trading Act, 1987: %

"the Commissioner" means the Commissioner for Consumer Affairs:

"credit contract" means a credit contract as defined in the Consumer

Credit Act, 1972:

' Came into operation 1 January 1986: Gar. 7 November 1985, p. 1361.

Came into operation 1 January 1986: s. 2.

Came into operation 5 March 1987 (excepts. 5): Guz. 5 March 1987, p. 546; s. 5 came into operation

12 November 1987: Gaz. 12 November 1987, p. 1574.

Came into operation 26 October 1987: Guz. 24 September 1987, p. 940.

Second-hand Motor Vehicles Act, '1983

"credit provider" means a credit provider as defined in the Consumer

Credit Act, 1972:

"dealer" means a person who carries on the business of selling second-

hand vehicles:

"licence" means a licence under this Act:

"licensed credit provider" means a person licensed as a credit provider

under the Consumer Credit Act, 1972:

"licensee" means the holder of a licence:

"model designation" means the words and symbols (if any) used by

the manufacturer of a vehicle to identify the model of the vehicle:

"place of repair", in relation to a dealer, means a place at which the dealer accepts delivery of vehicles for repair pursuant to Part IV (whether or not repairs are carried out at that place):

"registered", in relation to a vehicle, means registered under the Motor Vehicles Act, 1959, or under a corresponding Act or law of another State or a Territory of the Commonwealth:

"registered place of repair", in relation to a dealer, means a place of

repair registered in the name of the dealer under section 13:

"registered premises", in relation to a dealer, means premises regis-

tered in the name of the dealer under section 12:

"the Registrar" means the Commercial Registrar under the Commer-

cial Tribunal Act, 1982:

"the repealed Act" means the Second-hand Motor Vehicles Act, 1971,

repealed by this Act:

"second-hand vehicle" means a vehicle that has been used for a purpose not connected with its manufacture or sale including a vehicle that has been used for the purpose of demonstration in connection with the sale of another vehicle:

"sell" includes sell on behalf of another person and "sale", "offer for

sale" and "expose for sale" have corresponding meanings: "the Tribunal" means the Commercial Tribunal established under

the Commercial Tribunal Act, 1982:

"vehicle" means a vehicle- (a) that is used or capable of being used for transportation on

land;

and

(6) that is designed to be wholly or partly propelled' by an

engine:

"vehicle leasing agreement" means an agreement under which a

vehicle is let on hire for a period exceeding 4 months:

"vehicle leasing business" means a business in which vehicles are let

on hire under vehicle leasing agreements:

"year of first registration", in relation to a vehicle, means the year in

which the vehicle was first registered.

Second-hand Motor Vehicles Act, 1983 3

6. (1) Where a dealer sells a second-hand vehicle to a credit provider A,~I..,~~.O~ this Act.

on the understanding that it will be sold or let on hire to a third person and

the vehicle is in fact sold or let on hire to the third person then-

(a) section 19 does not apply in relation to the sale by the dealer;

but

(b) for the purposes of all other provisions of this Act, the dealer will

be presumed to have sold the vehicle to the third person.

(2) The Governor may, by regulation, exempt (conditionally or uncon-

ditionally)-

(a) a specified vehicle or class of vehicles; (b) a specified person or class of persons; or

(c) a specified transaction or class of transactions,

from this Act or a specified provision of this Act.

7. (1) The provisions of this Act are in addition to and do not derogate Nonilarogaeon.

from the provisions of any other Act.

(2) The provisions of this Act do not limit or derogate from any civil remedy at law or in equity.

8. The Commissioner is, subject to the control and direction of the cammirrioncr to bc responsible for

Minister, responsible for the administration of this Act. admininracion of Act.

PART I1

LICENSING OF DEALERS

Dl~1S10N I-GRANT OF LICENCES

9. (a) carry on business as a dealer; (1) A person must not- (b) hold himself or herself out as a dealer,

unless that person is a licensee.

Penalty: $5 000.

(2) This section does not apply to-

(a) a licensed credit provider- ,

(i) whose business as a dealer is incidental to the credit

business;

and

(ii) who, in carrying on business as a dealer, observes any

requirements imposed by regulation for the purposes

of this paragraph;

Second-hand Motor Vehicles Act, 1983

(6) an auctioneer who sells second-hand vehicles on behalf of other

persons-

(i) by auction;

(ii) by sales negotiated immediately after conducting auctions

for the sale of the vehicles,

and who does not otherwise cany on the business of selling

second-hand vehicles.

10. (1) An application for a licence must-

~ p p ~ r r n o n	for a
11~e.c~

(a) he made to the Tribunal;

(b) be in writing in the prescribed form;

and

(c) be accompanied by the prescribed application fee.

(2) An applicant for a licence must furnish the Tribunal with such information (verified, if the Tribunal so requires, by statutory declaration) as the Tribunal may require.

(3) Where an application is made for a licence, the Registrar must-

(a) cause the application to be advertised in the prescribed manner

and form;

and

(b) cause a copy of the application to be served on the Commissioner and the Commissioner of Police.

(4) Any person (including the Commissioner or the Commissioner of Police) may, within 10 days from the date on which an application is last advertised pursuant to subsection (3), lodge with the Registrar a written objection to the application setting out the grounds of the objection.

(5) The Tribunal may, on the application of any interested person, and

subject to such terms as it thinks fit, extend the period for lodging objections.

(6) Subject to subsection (7), the Registrar must serve the applicant, the

Commissioner and the Commissioner of Police with a copy of an ohjection lodged under subsection (4).

(7) Where the Commissioner or the Commissioner of Police has lodged

an objection, a copy of the objection need not be served on the objector.

(8) Where-

(a) an objection to an application is lodged under subsection (4);	+
or

(b) the Tribunal does not propose to grant an application upon the basis of documentary material alone,

the Tribunal will conduct a hearing of the application and the Registrar must give the applicant, the Commissioner, the Commissioner of Police and any objector at least 7 days notice of the date for the hearing.

(9) The Tribunal must, subject to this Act, grant a licence to an applicant if the Tribunal is satisfied that-

Second-hand Motor Vehicles Act, 1983

(a) (i) in the case of an applicant who is a natural person-

(A) the applicant is of or over the age of 18 years;

(B) the applicant is a fit and proper person to hold a licence;

and

(C) the applicant has sufficient knowledge and experience

for the purpose of properly carrying on the business

of a licensed dealer;

(ii) in the case of an applicant that is a body corporate-

(A) every person who is, in the opinion of the Tribunal, in a position to control or influence substantially the affairs of the body corporate is a fit and proper person to exercise such control or influence in respect of a body corporate that is a licensed dealer;

and

(B) the persons who are to direct and manage the business

to be conducted in pursuance of the licence have (collectively) sufficient knowledge and experience for the purpose of properly carrying on the business of a licensed dealer;

(b) that the applicant has made suitable arrangements to fulfil the

obligations that may arise under this Act;

and

(c) that the applicant has sufficient financial resources to carry on

business in a proper manner under the licence.

(10) A licence may be granted under this section on such conditions as the Tribunal thinks fit.

(1 1) If the financial resources, or the knowledge and experience, of an applicant who is a natural person are in the Tribunal's opinion insufficient to justify granting a licence to the applicant under subsection (9), the Tribunal may nevertheless grant a licence but on the condition that the licensee will not carry on business as a dealer except in partnership with some other licensed dealer approved by the Tribunal.

(12) Where the Tribunal grants a licence, the licence does not come into force until the prescribed licence fee is paid.

11. (1) Subject to this Act, a licence remains in force until-	D	~	of	~	~	,	~	~
licence$

(a) the licence is surrendered;

or

(6) the licensee dies or, in the case of a body corporate, is disso!,ved.

(2) A licensee must, not later than the prescribed date in each year-

(a) pay to the Registrar the prescribed annual licence fee;

and

(b) lodge with the Registrar an annual return containing the pre-

scribed information.

(3) Where a licensee fails to pay the annual licence fee or lodge the annual return in accordance with subsection (2), the Registrar may, by notice

Second-hand Motor Vehicles Act, 1983

in writing to the licensee, require the licensee to make good the default and, in addition, to pay to the Registrar the amount prescribed as a penalty for default.

(4) Where a licensee fails to comply with a notice under subsection (3) within 14 days after service of the notice, the licence is, by force of this subsection, suspended until the licensee complies with the notice.

(5) The Registrar will cause notice of a suspension under subsection (4) (being notice in the prescribed form) to be published in a newspaper circu- lating throughout the State.

(6) Where a licence has been suspended by virtue of subsection (4) for a continuous period of 6 months, the licence is, by force of this subsection, cancelled.

(7) A licensee may, with the consent of the Tribunal, surrender the

licence.

(8) Where a person carrying on business in pursuance of a licence dies, an unlicensed person may, with the consent of the Tribunal and subject to any conditions imposed by the Tribunal, continue to carry on the business until the business is sold or the expiration of 6 months, whichever first occurs, and the unlicensed person while carrying on business in accordance with the conditions imposed by the Tribunal, will be regarded for the purposes of this Act as a licensee.

DIVISION IA-CONDITIONS OF LICENCE

Conditions or	lla. (1) A licence is subject to any conditions attached to the licence-
liCE"<E.

(a) on the grant of the licence;

or

(b) in disciplinary proceedings under this Act.

(2) The Tribunal may, on the application of the licensee, vary or revoke conditions of a licence.

Rcgirinlian of	12. (1)	Subject to this section, a licensee must not carry on business as
dealrfs business

piemlres.	a dealer except at premises registered in the licensee's name under this
section.
Penalty: $1 000.

(2) The Tribunal may-

(a) upon an application for a licence;

)i

(b) upon a separate application and payment of the prescribed fee,

register premises in the name of the applicant if the Tribunal is satisfied that the premises are suitable for the purpose of carrying on business as a dealer.

(3) A separate application for registration under this section must be in writing in the prescribed form and contain the prescribed information.

(3a) The Tribunal may, on the application of a licensee, permit the

licensee on a day, or over a period, specified by the Tribunal, to carry on

Second-hand Motor Vehicles Act, 1983

business as a dealer at a place (other than the registered premises of the

licensee) specified by the Tribunal.

(4) A licensee must, within 14 days after ceasing to carry on business

at registered premises, notify the Registrar in writing of that fact.

Penalty: $1 000.

(5) Where the Registrar-

(a) is notified by a licensee of the cessation of business at registered

premises;

or

(b) is otherwise satisfied that a licensee has ceased to carry on business

at registered premises,

the Registrar may cancel the registration of the premises.

13. (1) A licensee must not carry on business as a dealer unless a place is registered in the licensee's name as a place of repair under this section.	R, S, ~, , ~ ~
dealer'$ place of
pepalr
Penalty: $1 000.

(2) The Tribunal may-

(a) upon an application for a licence;

(6) upon a separate application and payment of the prescribed fee,

register a place in the name of the applicant as a place of repair if the Tribunal is satisfied that the place is sufficiently near the applicant's regis- tered premises.

(3) A separate application for registration under this section must be in writing in the prescribed form and contain the prescribed information.

(4) The Registrar will, at the request in writing of a licensee, cancel the registration of a place of repair registered in the name of the licensee.

DIVISION 111-DISCIPLINARY POWERS

14. (1) The Tribunal may hold an inquiry for the purposes of deter- Tnbunll may DlemiY

mining whether proper cause exists for disciplinary action against a person dLW,,~,,,,

who has canied on, or been employed or otherwise engaged in, the business

of a dealer (whether with or without a licence).

(2) An inquiry will not be held under this section except in relation to

matters alleged in a complaint lodged pursuant to subsection (3) or matters

disclosed by investigations conducted pursuant to subsection (4).

(3) Any person (including the Commissioner or the Commissioner of Police) may lodge with the Tribunal a complaint in the prescribed form setting out matters that are alleged to constitute grounds for disciplinary action against a person referred to in subsection (1).

(4) Where a complaint has been lodged with the Tribunal pursuant to subsection (3), the Commissioner or the Commissioner of Police must, at the request of the Registrar, investigate or further investigate any matters to which the complaint relates and report to the Tribunal on the results of the investigations.

(5) Where the Tribunal decides to hold an inquiry under this section,

the Tribunal must give the person to whom the inquiry relates (in this

Second-hand Motor Vehicles Act, 1983

section referred to as "the respondent") reasonable notice of the subject

matter of the inquiry.

(6) If, after conducting an inquiry under this section, the Tribunal is

satisfied that proper cause exists for disciplinary action, the Tribunal may

exercise one or more of the following powers:

(a) it may reprimand the respondent;

(6) it may impose a fine not exceeding $5 000 on the respondent;

(c) where the respondent is a licensee, it may-

(i) attach conditions to the licence;

(ii) suspend the licence or a registration in the licensee's

name for a specified period, until the fulfilment of

stipulated conditions or until further order;

or

(iii) cancel the licence or a registration in the licensee's name;

(d) it may disqualify the respondent permanently, for a specified

period, until the fulfilment of stipulated conditions, or until

further order, from holding a licence under this Act.

(7) If a person has been convicted of an offence and the circumstances of the offence form, in whole or in part, the subject matter of an inquiry under this section, the convicted person is not liable to a fine under this section in respect of conduct giving rise to the offence.

(8) Where the Tribunal cancels a licence or registration under subsection

(6), the Tribunal may stipulate that the cancellation is to have effect at a future time specified by the Tribunal and impose conditions as to the conduct of the business of the respondent until that time.

(9) Where a condition is imposed by the Tribunal under subsection (8) as to the conduct of the business of the respondent, the respondent must not contravene or fail to comply with the condition.

Penalty: $5 000.

(10) There is proper cause for disciplinary action against a respondent

if-

(a) the respondent-

(i) is guilty of an offence against this Act;

(ii) has in the course of carrying on, or being employed or otherwise engaged in, the business of a dealer com- mitted an offence against any other Act or law, or acted negligently, fraudulently or unfairly;

(b) the respondent is a licensee and-

(i) obtained the licence improperly;

(ii) has failed to comply with an order of the Tribunal;

(iii) has failed to comply with a condition of the licence;

(iv) has insufficient financial resources properly to cany on

business as a dealer;

(v) has failed to fulfil with proper expedition obligations to

a purchaser of a second-hand vehicle;

Second-hand Motor Vehicles Act, 1983

(vi) has not maintained satisfactory arrangements for the ful-

filment of obligations under this Act;

(vii) has ceased to be a fit and proper person to hold a licence;

(c)

the respondent is a licensee and registered premises of the licensee

have ceased to be suitable for canying on business as a dealer;

(d) the respondent is a body corporate that holds a licence and-

(i) a person who is in a position to control or substantially influence the affairs of the body corporate is not or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that holds a licence;

(ii) the knowledge or experience of those responsible to direct and manage the business conducted in pursuance of the licence is not sufficient for that purpose.

(1 1) The powers conferred by this section may be exercised in relation to conduct occumng before or after the commencement of this Act.

15. Where a person who is disqualified from holding a licence is oissu,iic,d P M m S "Of to be

involved in

employed or otherwise engaged in the business of a dealer, that person and the dealer are each guilty of an offence and liable to a penalty not exceeding burinera of dealpi

$ 5 000.

16. Where the Tribunal takes disciplinary action against a person, the ~~~~d dirciplinrq action

Registrar will- to t+ kept.

(a) make an entry on the register established under the Commercial

Tribunal Act, 1982, recording the disciplinary action;

and

(6) by notice in writing advise the Commissioner and the Commis-

sioner of Police of the disciplinary action and the name of the

person against whom it was taken.

PART I11

DEALING IN SECOND-HAND VEHICLES

17. (1) This Division does not apply in relation to-

(a) the sale of a second-hand vehicle by auction;

(b) the sale, or offering for sale, of a second-hand vehicle to a dealer.

(2) Except as provided in section 19, this Division does not apply in

relation to the sale of a second-hand vehicle negotiated by an auctioneer

immediately after the conduct of an auction for the sale of the vehicle.

18. (1) A dealer must not offer or expose a second-hand vehicle for ~~~~~~~~~b~ d i m l ~ y ~ d.

sale unless a notice in the prescribed form containing the required particulars

and statements relating to the vehicle is attached to the vehicle.

Penalty: $1 000.

10   Second-hand Motor Vehicles Act, 1983

(2) For the purposes of subsection (I), a vehicle owned by a dealer and located in a part of the dealer's premises in which other vehicles are exposed for sale will be regarded as exposed for sale by the dealer unless a notice is attached to the vehicle in a prominent position advising that the vehicle is not for sale.

(3) For the purposes of subsection ( I ), the required particulars and statements relating to a vehicle are-

(a) the name and business address of the dealer;

(b) where the dealer is offering or exposing the vehicle for sale on behalf of another dealer-

(i) the name and business address of the other dealer;

and

(ii) a statement that the other dealer will be liable to dis-

charge the duty to repair under Part IV;

(c) the name and address of the last owner of the vehicle who was

not a dealer;

(d) where the owner referred to in paragraph (c) carried on a vehicle leasing business and let the vehicle on hire to another person pursuant to a vehicle leasing agreement-the name and address of that other person;

(e) the price at which the vehicle (in the condition in which it is offered or exposed for sale) may be purchased for cash, includ- ing any fees and charges payable to the dealer (except prescribed fees and charges);

fjj the year of manufacture of the vehicle;

(g) the year of first registration of the vehicle;

(h) the manufacturer and model designation of the vehicle;

(i) where the vehicle is registered-the registration number of the

vehicle;

(jl where the vehicle is not registered-the engine number of the

vehicle;

(k) where the vehicle is equipped with an odometer-

(i) the reading of the odometer at the time the vehicle was

acquired from the owner referred to in paragraph (c);

and

(ii) (A) where it is more likely than not that the ieading of the odometer is a reasonably accurate measure of the distance travelled by the vehicle-a statement that the odometer reading may be regarded as reasonably accurate;

(B) where that is not the case-the statement required

by the regulations;

Second-hand Motor Vehicles Act, 1983 11

( I ) the address of the registered place of repair of the dealer who will

be liable to discharge the duty to repair under Part IV;

and

(m) such other particulars and statements as are prescribed.

(4) In proceedings for an offence relating to a failure to include in a notice all the particulars and statements required under subsection (1) or the inclusion of any incorrect particulars or statement, it is a defence to prove that the defendant having made reasonable inquiries and a proper examination of the vehicle complied with the requirements of the subsection to the best of the defendant's knowledge, information and belief.

(5) A dealer must not, in any advertisement published in connection with the sale of a second-hand vehicle, refer directly or indirectly to the odometer reading of the vehicle or the distance travelled by the vehicle unless a notice is attached to the vehicle in accordance with this section and the notice contains a statement by the dealer that the odometer reading of the vehicle may be regarded as reasonably accurate.

Penalty: $1 000.

(6) A person from whom a dealer acquires ownership of a second-hand vehicle or on whose behalf a dealer is .idling a second-hand vehicle must not give to the dealer any information as to any of the matters referred to in subsection (3) that is to that person's knowledge false or misleading in a material particular.

Penalty: $500.

19. (1) A contract for the sale of a second-hand vehicle by a dealer ~,,,r,,,,,,~.

must-

(a) be in writing;

(b) be comprised in one document;

(c) be signed by the parties to the sale;

and

(4 contain the following particulars set out in the prescribed manner:

(i) a brief description or identification of the vehicle;

(ii) where the vehicle is registered-the registration number

of the vehicle;

(iii) where the vehicle is not registered-the engine number

of the vehicle;

(iv) the price for which the vehicle is being sold and the amount of any other fees and charges payable by the purchaser together with a description of each such charge;

(v) where all or part of the consideration passing from the

purchaser is represented by a vehicle or other thing-

the monetary value ascribed to that vehicle or thing;

Second-hand Motor Vehicles Act, 1983

(vi) where a place (other than a registered place of repair) has

been agreed upon as the place at which the vehicle

may be delivered for the purpose of repair pursuant

to Part IV-the address of the place agreed upon;

and

(vii) such other particulars as are prescribed.

(2) A contract referred to in subsection (1) that is not in writing signed by the parties is not enforceable against the purchaser.

(3) Where a contract referred to in subsection (1) does not comply with

that subsection, the dealer is guilty of an offence.

Penalty: $1 000.

(4) The dealer must ensure that a document that is intended to constitute a contract referred to in subsection (I) is not submitted or tendered to the purchaser for signature unless-

(a) it contains all the material terms of the contract including partic-

ulars required under this section;

and

(6) except where the document is to be signed by the parties in each

other's presence-a copy of the document is at the same time

given to the purchaser for retention.

Penalty: $1 000.

(5) Where the parties sign a document referred to in subsection (4) in each other's presence, the dealer must ensure that a copy of the signed document is forthwith given to the purchaser for retention.

Penalty: $1 000.

(6) Where a party to a document referred to in subsection (4) signs it when not in the presence of the purchaser, the dealer must ensure that a copy of the signed document is, within 7 days, given or sent to the purchaser for retention.

Penalty: $1 000.

(7) This section does not apply in relation to the sale of a second-hand

vehicle negotiated by an auctioneer immediately after the conduct of an

auctioneer's own behalf or on behalf of another person who is a dealer., auction for the sale of the vehicle except where the sale is made on the

Nofieel to Zx	20. Where a second-hand vehicle is sold by a dealer, the dealer must
~""ided to

purchaseis	ensure that-
wand-hand
"chicles.

(a) a copy of the notice that was required to be attached to th;vehicle

under section 18;

and

(6) a notice in the prescribed form,

are given to the purchaser for retention before the purchaser takes possession

of the vehicle.

Penalty: $1 000.

Second-hand Motor Vehicles Act, 1983 13

21. In this Division- ti^^.

"trade auction" means an auction for the sale of a second-hand

vehicle at which bids are accepted only from dealers.

22. (1) An auctioneer must not conduct an auction for the sale of a ~~,,,,b, da~played in caw

second-hand vehicle (other than a trade auction) unless a notice in the prescribed form containing the required particulars and statements relating to the vehicle is attached to the vehicle and has been attached to the vehicle at ail times when the vehicle has been available for inspection by prospective bidders.

Penalty: $1 000.

(2) For the purposes of subsection (I), the required particulars and statements are-

(a) the name and business address of the auctioneer;

(b) where the auctioneer is conducting the auction on the auctioneer's own behalf-a statement that the auctioneer will be liable to

discharge the duty to repair under Part IV;

(c) where the auctioneer is conducting the auction on behalf of a

dealer-

(i) the name and business address of the dealer;

and

(ii) a statement that the dealer will be liable to discharge the

duty to repair under Part IV;

(dj where the auctioneer is conducting the auction on behalf of another person (not being a dealer)-a statement that no duty to repair

will apply under Part IV;

(el the name and address of the last owner of the vehicle who was

not a dealer;

&I where the owner referred to in paragraph (e) carried on a vehicle leasing business and let the vehicle on hire to another person pursuant to a vehicle leasing agreement-the name and address of that other person;

(g) the year of manufacture of the vehicle;

(h) the year of first registration of the vehicle;

(i) the manufacturer and model designation of the vehicle;

(jl where the vehicle is registered-the registration number of the

vehicle;

(k) where the vehicle is not registered-the engine number of thi?

vehicle;

(I) where the vehicle is equipped with an odometer-

(i) the reading of the odometer at the time the vehicle was

acquired from the owner referred to in paragraph (e);

and

(ii) where the auctioneer is conducting the auction on the

auctioneer's own behalf or on behalf of a dealer and-

Second-hand Motor Vehicles Act, 1983

(A) it is more likely than not that the reading of the odometer is a reasonably accurate meas- ure of the distance travelled by the vehicle-

a statement that the odometer reading may

be regarded as reasonably accurate;

or

(B) that is not the case-the statement required

by the regulations;

(rn) where a duty to repair will apply under Part IV-the address of

the registered place of repair of the dealer who will be liable

to discharge the duty;

and

(n) such other particulars and statements as are prescribed.

(3) In proceedings for an offence relating to a failure to include in a notice all the particulars and statements required under subsection (I) or the inclusion of any incorrect particulars or statement, it is a defence to prove that the defendant, having made reasonable inquiries and a proper examination of the vehicle, complied with the requirements of the subsection to the best of the defendant's knowledge, information and belief.

(4) An auctioneer must not, in any advertisement published in connec- tion with an auction for the sale of a second-hand vehicle (being an auction that the auctioneer is conducting on the auctioneer's own behalf or on behalf of a dealer), refer directly or indirectly to the odometer reading of the vehicle or the distance travelled by the vehicle unless a notice is attached to the vehicle in accordance with this section and the notice contains a statement by the auctioneer that the odometer reading of the vehicle may be regarded as reasonably accurate.

Penalty: $1 000.

(5) A person from whom an auctioneer acquires ownership of a second- hand vehicle or on whose behalf a second-hand vehicle is to be auctioned must not give the auctioneer any information as to any of the matters referred to in subsection (2) that is to that person's knowledge false or misleading in a material particular.

Penalty: $500.

N O, ~ ~ S lo h? 23. Where a second-hand vehicle is sold to a person other than a

provided to

purchasm

dealer-

roeand-hand

"chicles.

(a) by auction;

(b) by a sale negotiated by an auctioneer immediately a f t ~ r the cou-

duct of an auction for the sale of the vehicle,

the auctioneer must ensure that-

(c)	a copy of the notice that was required to be attached to the vehicle under section 22;
and

Second-hand Motor Vehicles Act, 1983

(4 a notice in the prescribed form,

are given to the purchaser for retention before the purchaser takes possession

of the vehicle.

Penalty: $1 000.

24. (1) An auctioneer must not conduct a trade auction unless a notice ad^^^^^^^^^

in the prescribed form is attached to the vehicle and has been attached to the vehicle at all times when the vehicle has been available for inspection by prospective bidders.

Penalty: $1 000. (2) A person who advertises a trade auction must include in the adver-

tisement a statement in the prescribed form.

Penalty: $1 000.

PART IV

DUTY OF DEALERS TO REPAIR SECOND-HAND VEHICLES

25. (1) Subject to this Act, where a dealer sells a second-hand vehicle,

the dealer is under a duty to repair any defect that is present in the vehicle

or that appears in the vehicle after the sale.

to remi,.

(2) A dealer must in order to discharge the duty imposed by subsection (1) carry out the repairs in a manner that conforms to accepted trade standards.

(3) This section does not apply in relation to-

(a) the sale of a vehicle to a dealer;

(b) the sale of a vehicle on behalf of a person who is not a dealer,

being a sale-

(i) by auction;

or

(ii) negotiated by the auctioneer immediately after the con-

duct of an auction for the sale of the vehicle.

(4) This section does not apply in relation to a defect that appears-

(a) in the case of a vehicle sold at a price that is below the prescribed

range-

(i) after the vehicle has been driven 1 500 kilometres after

the sale;

(ii) after the expiration of the period of 1 month after the

sale,

whichever occurs first;

(b) in the case of a vehicle sold at a price that is within the prescribed

range-

(i) after the vehicle has been driven 3 000 kilometres after

the sale;

16 Second-hand Motor VehiclesAct, 1983

(ii) after the expiration of the period of 2 months after the

sale,

whichever occurs first;

(c) in the case of a vehicle sold at a price that is above the prescribed

range-

(i) after the vehicle has been driven 5 000 kilometres after

the sale;

or

(ii) after the expiration of the period of 3 months after the

sale,

whichever occurs first.

(5) Where a vehicle has a defect that a dealer is under a duty to repair pursuant to this section, the reference in subsection 4 (a) (ii), 4 (b) (ii) or 4 (c) (ii), as the case may be, to a period after the sale will, in relation to the sale of that vehicle, be read as a reference to that period extended-

(a) in any case where the vehicle is delivered to the dealer in accord- ance with this Act and the dealer carries out the duty to repair the defect-by a period equal to that elapsing between the time the vehicle was delivered to the dealer and the time the dealer completed the repairs and made the vehicle available for recov- ery by the purchaser;

or

(6) in any other case-by such period as the Tribunal, upon the

application of the purchaser, determines as representing the period for which the purchaser did not have the use of the vehicle by reason of the defect (as distinct from any period for which the purchaser did not have the use of the vehicle by reason of the purchaser's own failure to act expeditiously).

(6) This section does not apply in relation to-

(a) any defect resulting from damage deliberately caused to the vehi-

cle after the sale;

(b) any defect arising from misuse of the vehicle after the sale;

(c) any defect arising from any collision, impact or accident that

occurs after the sale;

(4 any defect in the paintwork or upholstery of a vehicle which was reasonably apparent at the time of sale;

or

(e) any vehicle of which the purchaser had been in possession for a

period of not less than 3 months immediately preceding the

date of the sale.

(7) This section does not apply in relation to-

(a) a defect in a vehicle sold at a price that is below the prescribed

amount;

or

(b) a defect in the tyres or battery of a vehicle,

unless-

Second-hand Motor Vehicles Act, 1983

(c) the defect is present at the time the purchaser takes possession of

the vehicle;

and

(d) by reason of the defect-

(i) the vehicle does not comply with the Road Traff~c Act,

1961;

or

(ii) the vehicle cannot be driven safely or cannot be driven

at all.

(8) Except as provided by the regulations, this section does not apply

to a defect to which this section is declared by the regulations not to apply.

(9) Where a second-hand vehicle is sold by a dealer on behalf of another

dealer, the duty imposed by this section must be discharged by that other

dealer.

(10) In this section-

"defect" in relation to a second-hand vehicle means a defect in the

vehicle-

(a) by reason of which the vehicle does not comply with the

Road Traffic Act, 1961;

(b) by reason of which the vehicle cannot be driven safely or

cannot be driven at all;

(c) by reason of which the part of the vehicle affected by the

defect is not in proper working condition;

or

(d) that would not reasonably be expected to be present in the

vehicle having regard to-

(i) the apparent condition of the vehicle at the time

of its sale;

and

(ii) any representation by the dealer prior to the sale

as to the condition of the vehicle:

"prescribed amount" means-

(a) $500;

or

(b) where a different amount is prescribed for the purposes of

this definition-the amount so prescribed:

"prescribed range" means-

(a) from and including $1 500 up to but not including $3 000;

or

(b) where a different range is prescribed for the purposes of

this definition-the range so prescribed.

26. (1) Where a dealer is under a duty to repair a defect in a second- Enrnmment ,t ''

hand vehicle pursuant to this Part, the purchaser must, if he or she requires

18 Second-hand Motor Vehicles Act. 1983 -- - -

the dealer to discharge the duty, deliver the vehicle to the dealer during

ordinary business hours-

(a) at the dealer's registered place of repair;

or

(b) where a different place has been agreed upon by the dealer and

the purchaser-at that other place,

and afford the dealer a reasonable opportunity to repair the defect.

(2) Where-

(a) the purchaser delivers the vehicle to the dealer in accordance with

subsection (I) but the dealer refuses to repair the defect or fails

to repair the defect with due expedition;

or

(6) the purchaser makes reasonable efforts to deliver the vehicle to the dealer in accordance with subsection (1) but is unable to do so by reason of the dealer's refusal to accept delivery of the vehicle or the absence of the dealer or any person acting on behalf of the dealer,

the Tribunal may, upon the application of the purchaser, make one or more

of the following orders:

(c) an order that the dealer repair the defect;

(d) an order that the dealer pay to the purchaser the reasonable costs

of repairing or completing the repairs of the defect;

(e) an order that the dealer compensate the purchaser for any loss or

damage suffered by the purchaser as a result of the dealer's

conduct.

(3) The purchaser is under a duty to mitigate any loss or damage referred to in subsection (2) (e).

(4) Where the Tribunal makes an order under subsection (2) (c) and the dealer fails to comply with the terms of the order, the Tribunal may, upon the further application of the purchaser, make an order under subsection (2) (d) and, if appropriate, an order under subsection (2) (e).

(5) Where repairs that a dealer is under a duty to cany out pursuant to this Part are camed out by another person on behalf of the dealer and the purchaser of the vehicle pays the costs of the repair or an amount towards	those costs, the Tribunal may, upon the application of the purchaser, order	the dealer to reimburse the purchaser in respect of the amount paid by the
purchaser.

(6) Notwithstanding subsection (I), where-

(a) a dealer is under a duty to repair a defect in a second-hadd vehicle

pursuant to this Pan;

(b) by reason of the defect the vehicle-

(i) cannot be driven;

(ii) cannot be driven safely;

or

(iii) cannot be driven without risk of damage to the vehicle;

Second-hand Motor Vehicles Act, 1983 19

(c) it is unreasonable in the circumstances having regard to the nature of the defect and the distance that the vehicle would have to be transported that the purchaser be required to deliver the vehicle to the dealer at the place referred to in subsection (1);

(d) the purchaser has given to the dealer proper notice (written or oral) of the defect and afforded the dealer a reasonable oppor- tunity to nominate a place other than that referred to in suh- section ( I ) at which the dealer is prepared to repair the defect;

and

(e) the dealer fails to nominate another place or it is unreasonable in the circumstances having regard to the matters referred to in paragraph (c) that the purchaser be required to take the vehicle to the place nominated by the dealer,

then-

Itj the purchaser may cause the vehicle to be repaired by a person other than the dealer;

and

(g) the Tribunal may, upon the application of the purchaser, order

the dealer to pay to the purchaser the reasonable costs of

repairing the defect.

(7) Notwithstanding the other provisions of this section, where a dealer who is under a duty to repair a defect in a vehicle pursuant to this Part is not licensed under this Act or does not have a registered place of repair-

(a) the purchaser may cause the vehicle to he repaired by a person other than the dealer;

and

(b) the Tribunal may, upon the application of the purchaser, order

the dealer to pay to the purchaser the reasonable costs of

repairing the defect.

(8) The Tribunal may, upon an application under this section-

(a) make an order under this section upon such terms and conditions

as it thinks just;

and

(6) make such other order as to costs, or any other matter, as it thinks

just.

(9) Any determination made by the Tribunal on a question of fact is final and without appeal.

27. (1) Where, before or during the course of the hearing of an applk ~,,,i~i,,i,,.

cation under this Part, it appears to the Tribunal upon the basis of-

(a) evidence given in the matter;

or

(b) the attitude of the parties,

that there is a reasonable possibility of the matter being resolved by concil- iation, the Tribunal may refer the matter to the Commissioner or a person appointed by the Commissioner to assist the parties to resolve the matter.

20 Second-hand Motor Vehicles Act, 1983

(2) If, after a matter has been referred to the Commissioner or a person appointed by the Commissioner under subsection (I), either of the parties requests that the hearing be proceeded with, the Tribunal will resume the hearing as soon as practicable.

(3) Nothing said or done in the course of any attempt to resolve a matter under this section is subsequently admissible in evidence in any proceedings.

(4) Where a matter is resolved under this section, the Tribunal may embody in an order the terms upon which it has been resolved.

PART V

COMPENSATION FUND

Smnd.hand	28. (1) The Second-hand Vehicles Compensation Fund is established
Vehield

c,,,,,~~o.	and will be administered by the Commissioner.
Fund.

(2) The following amounts will be paid into the Fund:

(aa) any fines recovered in pursuance of orders made by the Tribunal

in disciplinary proceedings under this Act;

(a) the contributions required to be paid in accordance with section

29;

(b) any amounts recovered by the Commissioner under section 31;

(c) the amounts paid from the General Revenue of the State under

subsection (4);

and

(4 any amounts derived from investment under subsection (6).

(3) The following amounts will be paid out of the Fund:

(a) any amount authorized by the Tribunal under section 30;

(b) any expenses certified by the Treasurer as having been incurred in administering the Fund (including expenses incurred in insuring the Fund against possible claims);

(c) any amount required to be paid into the General Revenue of the

State under subsection (5);

and

(d) any amount certified by the Commissioner to have been paid into the Fund in consequence of a mistake of fact, or law, or mixed fact and law.

(4) Where the Fund is not sufficient to meet an amount that may be authorized to be paid under section 30, the Minister may, with the approval of the Treasurer, authorize the payment of an amount specified by the Minister out of the General Revenue of the State which is appropriated by this section to the necessary extent.

(5) The Minister may authorize payment from the Fund into the General Revenue of the State of any amount paid into the Fund from the General Revenue if the Minister is satisfied that the balance remaining in the Fund will be sufficient to meet any amounts that may be authorized to be paid under section 30.

Second-hand Motor Vehicles Act, 1983 2 1

(6) Any amounts standing to the credit of the Fund that are not

immediately required for the purposes of this Act may be invested in a

manner approved by the Minister.

29. (1) Every licensee must pay to the Commissioner for payment into ~ i ~ " ~

required ,a pay

the Fund such contribution as the licensee is required to pay in accordance contributianr.

with the regulations.

(2) If a licensee fails to pay a contribution within the time allowed for payment by the regulations, the licence is, by virtue of this subsection, suspended until the contribution is paid.

30. (1) Where-	claim	asamst
Fund.

(a) the Tribunal has made an order for the payment by a dealer of a sum of money to the purchaser of a second-hand vehicle;

and

(b) either-

(i) the dealer against whom the order was made has failed to comply with the order within 1 month from the date of the service of the order;

(ii) the Tribunal is satisfied that, by reason of the death,

disappearance or insolvency of the dealer, there is no

reasonable prospect of the order being complied with,

the Tribunal may, upon the application of the purchaser, authorize payment

of the amount specified in the order to the purchaser out of the Fund.

(2) Where, upon the application of a person (not being a dealer) who

has-

(a) purchased a second-hand vehicle from a dealer;

(6) sold a second-hand vehicle to a dealer;

(c) left a second-hand vehicle in a dealer's possession to be offered for sale by the dealer on behalf of the person,

the Tribunal is satisfied-

(d) that the person has, apart from this Act, a valid unsatisfied claim

against the dealer arising out of or in connection with the

transaction;

and

(e) that, by reason of the death, disappearance or insolvency of tQe

dealer, there is no reasonable prospect of the claim being

satisfied,

the Tribunal may authorize payment of the amount of the claim to that

person out of the Fund.

31. On payment out of the Fund of an amount authorized by the nightpr

Tribunal the Commissioner is subrogated to the rights of the person to %KT?,"'

whom the payment was made in respect of the order or claim in relation allowed.

to which the payment was made.

22   Second-hand Motor Vehicles Act, 1983

A ~ and ~ ~

32. (1) The Commissioner must cause proper accounts of receipts and payments to be kept in relation to the Fund. ~ ~ , ~

audit.

(2) The Auditor-General may at any time, and must at least once in

every year, audit the accounts of the Fund.

PART VI

MISCELLANEOUS

NO wa,vci or	33. (1) Subject to this section, any purported exclusion, limitation, modification or waiver of the rights conferred by this Act is void.
rights.
(2) A person (not being a minor) who proposes to purchase a second- hand vehicle may waive a right conferred by this Act if the person has obtained from the Commissioner a certificate in the prescribed form certi- fying that an authorized officer, having explained the effect of the waiver of that right in relation to the proposed purchase of that vehicle, was satisfied that the person understood the effect of the waiver.

(3) The Commissioner will not issue a certificate under subsection (2) 4

unless-

(a) the prospective purchaser has supplied the prescribed particulars

in relation to the proposed purchase of the vehicle together

with any other information the Commissioner may require;

and

(b) an authorized officer has explained to the prospective purchaser

the effect of the waiver and is satisfied that the person under-

stands the effect of the waiver.

(4) Where a dealer purports to exclude, limit or modify any of the rights

conferred by this Act, the dealer is guilty of an offence.

Penalty: $5 000.

(5) A person who enters into an agreement or arrangement with intent either directly or indirectly to defeat, evade or prevent the operation of this Act is guilty of an offence.

Penalty: $5 000.

(6) A dealer must not exhibit or otherwise publish a statement, notice or advertisement in connection with the sale of a second-hand vehicle-

(a) to the effect that the sale is conditional upon the purchaser

obtaining a certificate under subsection (2);

4 i

or

(b) in such manner as to induce a prospective purchaser of the vehicle

to obtain a certificate under subsection (2).

Penalty: $2 000.

(7) A contract for the sale of a second-hand vehicle conditional upon the purchaser obtaining a certificate under subsection (2) is void.

Inlerierence Wlth	34. (1) A person must not interfere with the odometer on a second-	Q
dometes

prOhlblled

hand vehicle.

Penalty: $2 000.

(2) For the purposes of subsection ( I ), a person interferes with an odometer if he or she-

Second-hand Motor Vehicles Act, 1983 23

(a) alters the reading on the odometer; (b) removes or replaces the odometer;

(c) renders the odometer inoperative or inaccurate.

(3) A person may, with the written approval of the Commissioner, alter the reading on an odometer, or replace an odometer, in accordance with the terms of that approval.

(4) If in proceedings for an offence against subsection (1) it is proved that the defendant had possession of the vehicle and that, while it was in the defendant's possession, or shortly after it ceased to be in the defendant's possession, the odometer reading was less than the odometer reading at the time the defendant acquired possession of the vehicle, it will be presumed, in the absence of proof to the contrary, that the defendant interfered with the odometer of the vehicle.

(5) In any proceedings for an offence against subsection (1) it is a defence for the defendant to prove-

(a) that the action was not taken with the intent of enhancing the apparent value of the vehicle for the purpose of sale;

and

(b) that the action was not taken for any other fraudulent purpose.

35. For the purposes of this Act, where it is proved that a person has ~,id,,i,

sold, or offered or exposed for sale, 6 or more second-hand vehicles during P'"""o"

a period of 12 months, the person will, unless the contrary is proved, be

presumed to have been carrying on the business of selling second-hand

vehicles throughout the period of that activity.

36. For the purposes of this Act, an act or omission of an employee or L , ~ of ~ ~ I ~ ~ ~

dealers for aifl oi

agent of a dealer will be taken to he an act or omission of the dealer unless the dealer proves that the person was not acting in the course of employment or agency.

37. An agreement between a dealer and a person (other than a dealer) ctM,.

from whom the dealer purchases a second-hand vehicle which indemnifies %%2;d&ie,

the dealer in respect of any costs arising by virtue of this Act in relation to '"Id

that vehicle is void.

38. The Commissioner or the Commissioner of Police must, at the I. V, ,, , ~ ~ ~. ~.

request of the Registrar, have an investigation made and report prepared

on any matter relevant to the determination of-

(a) any application or other matter before the Tribunal;

or

(b) any matter that might constitute proper cause for disciplinary

action under this Act.

38a. The Commissioner of Police may, in any proceedings that are commissionerof Police may

before the Tribunal in pursuance of this Act, appear personally or be	pm~~edlngs
Ware Ttibunal.
represented by counsel or a member of the police force.

39. (1) The Commissioner must, on or before the thirty-first day of A,,,,,B,~~

October in each year, submit to the Minister a report upon the administra-

Second-hand Motor Vehicles Act, 1983

tion of this Act during the period of 12 months ending on the preceding

thirtieth day of June.

(2) The report must contain the audited statement of accounts of the Fund for the period to which the report relates.

(3) The Minister must, as soon as practicable after receipt of the report, cause a copy of the report to be laid before each House of Parliament.

40. (1) Any notice or document required or authorized by this Act or

the Commercial Tribunal Act, 1982, to be given to or served on any person

is duly served if it is-

(a) served on the person personally;

(b)

posted in an envelope addressed to the person's last known address

or, in the case of a licensee, the licensee's address for service;

(c) in the case of a licensee, left for the licensee at the licensee's

address for service.

(2) The address for service of a licensee is the last address for service of which notice has been given in accordance with the regulations.

f a l a or	41. A person must not, in furnishing any information required under
milleading

information

this Act, make a statement that is false or misleading in a material particular.

Penalty: $1 000.

Name	in which	42. A licensee must not cany on business as a dealer except in the
l ien=	may

eany on buriners.

name in which the licensee is licensed.

Penalty: $1 000.

Where a licence granted to a person is suspended or cancelled under

this Act, that person must, at the direction of the Tribunal or the Registrar,

return the licence to the Registrar.

43.

Penalty: $1 000

Vieanour liability	44. Where a body corporate is guilty of an offence against this Act, a member of the governing body of the body corporate is also guilty of an offence and liable to the same penalty as is prescribed for the principal
car .,*"as by
body "orparate.
offence unless it is proved that the member could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the
body corporate.
45. (I) A person convicted of an offence against any provision of this Act in respect of a continuing act or omission-

(a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maxi- mum penalty prescribed for that offence;

and

(6) is, if the act or omission continues after a conviction is recorded,

guilty of a further offence against the provision and liable, in

addition to the penalty otherwise applicable to the further

Second-hand Motor Vehicles Act, 1983 25

offence, to a penalty for each day during which the act or omission continues after the conviction of not more than one- tenth of the maximum penalty prescribed for the offence.

(2) Where an offence against a provision of this Act consists of an omission to do something that is required to be done, the omission will, for the purposes of subsection (I), be taken to continue for so long as the thing required to be done remains undone after the expiration of the period for compliance with the requirement.

46. The offences constituted by this Act are summary offences.	summaw
p r m d u x.
47.

(1) Proceedings for an offence against this Act must be commenced within 12 months after the date on which the offence is alleged to have """""""n'~ been committed.

c

~

~

~

~

~

~

D

~

.

~

~

(2) Proceedings for an offence against this Act must not be commenced by a person other than the Commissioner or an authorized officer except with the consent of the Minister.

(3) An apparently genuine document purporting to be a certificate of the Minister certifying the Minister's consent to the commencement of proceedings for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the consent.

48. (1) The Governor may make such regulations as are contemplated ~,l,,i,,,

by this Act or as are necessary or expedient for the purposes of this Act.

(2) Without limiting the generality of subsection (I), those regulations

may-

(a) prescribe the information and particulars that must be included in any advertising material relating to second-hand vehicles and the form and manner in which that information or those particulars must be set out;

(b)	provide for and prescribe the forms of any application, notice or certificate under this Act;
(c)	prescribe the manner in which any notice under this Act must be attached to a second-hand vehicle;

(d) provide for and regulate the display by dealers of licences and notices at registered premises and registered places of repair;

(e) provide for and prescribe the method of evidencing, and the documents required to effectuate, sales of second-hand vehicles between persons who carry on the business of buying and selling second-hand vehicles;

If) in prescribing fees for licences, provide that different fees may be paid by different classes of persons;

(g) prescribe a code of practice for licensees;

and

(h) provide for and prescribe penalties not exceeding $1 000 for con- travention of, or non-compliance with, any regulation.

(3) A code of practice may be prescribed for the purposes of this Act

by referring to, or incorporating, in whole or in part, and with or without

modifications, a code of practice for the time being, or from time to time,

26 Second-hand Motor Vehicles Act,1983

adopted by a body which, in the opinion of the Governor, represents the

interests of a substantial section of licensees.

(4) Any regulations made under this Act may be of a general or limited application and may vary according to the persons or classes of persons, the vehicles or classes of vehicles, the times, the places or the circumstances to which they are expressed to apply.

Second-hand Motor vehicles Act, 1983 27

SCHEDULE

TRANSITIONAL PROVISION

Where-

(a) a licence was in force under the repealed Act immediately before the Commencement of this Act;

(b) a licence was in force under the repealed Act at any time during the period of 6 months immediately preceding the commence- ment of this Act and the holder of the licence had, in accord- ance with the repealed Act, applied for renewal of the licence,

the licence will be taken to be a licence granted and in force under this Act

and will, subject to this Act, continue in force.

28 Second-hand Motor Vehicles Act,1983

APPENDIX

Legislative History

The Second-hand Motor Vehicles Act, 1983, repealed the Second-band Motor Vehicles Act, 1971

Section 2: deleted in pursuande of the Acts Republication Act, 1967, as its

function is now exhausted.

Section 3 (1): deleted in pursuance of the Acts Republication Act, 1967, as its

fitnction is now exhausted.

Section 3 (2):

Section 4:

Section 5 (1):

rcdcrignated as s. 5 in pursuance of the

definlrlon ~~"'aucuoot'er'' amended by 116

dtfinxrton of "authonzcd ofT!oer" substituted by 43. 1987.

definition of "the Commissioner" substituted by 43, 1987, s. 22

definition of "olace of reoair" amended by 116. 1986, s. 11 (Sched.)

Section 5 (2):

repealed by 116, 1986, s.-3

Section 6:

substituted by 116, 1986, s. 4

Section 7 (1) and (2):

amended by 116, 1986, s. I I (Sched.)

Section 8:

amended by 116, 1986, s. 11 (Sched.)

Section 9 (1):

substituted by 116, 1986, s. 11 (bhed.)

Section 9 (2):

amended by 116, 1986, s. 5

Section 10 (5) and (7):

amended by 116, 1986, s. 11 (Sched.)

Section 10 (9): Section IO(101, (11) and (12):

substituted by 116, 1986, s. 6

inserted by 116, 1986, s. 6

Section 11 (31, (4) and (7):

amended by 116, 1986, s. 11 (Sched.)

Section 11 (8):

inserted by 17, 1985, s. 2; amended by 116, 1986, s. 11 (Sched.)

Heading preceding section 1 la:

inserted by 116, 1986, s. 7

Section 1 la: inserted by 116, 1986, s. 7

Section I2 (1):	amended by 116, 1986, ss. 8 (a), 1 I (Sched.)
Section 12 (3a):	inserted by 1 16, 1986, s. 8 (b)

Section	12 (5):	amended by 116, 1986, s. 11 (Sched.)
Section	13 (1):	amended by 116, 1986, s. 1 I (Sched.)
Section	14 (6):	amended by 116, 1986, s. 9 la)
Section	14 (10):	amended by 17, 1985, s. 3; ubstituted by 116, 1986, s. 9 (4)

Section 18 (4) and (6):	amended by 116, 1986, s. I I (Sched.)
Section 19 (2):	amended by 116, 1986, s. 11 (Sched.)

Section 19 (3): substituted by 116, 1986, s. 11 (Sched.)

Section 19 (4) - (7):	amended by 116, 1986, s. I1 (Sched.)
Section 20:	amended by 116, 1986, s. I1 (Sched.)
Section 22 (2) - (5):	amended by 116, 1986, s. I I (Sched.)
Section 23:	amended by 116, 1986, s. I1 (Sched.)
Section 25 (5):	amended by 116, 1986, s. 11 (Sched.)
Section 26 (1) and (6):	amended by 116, 1986, s. I1 (Sched.)
Section 28 (2):	amended by 116, 1986, s. 10 (a)
Section 28 (3):	amended by 116, 1986, s. 10 (b)-(d)
Section 28 (4):	amended by 116, 1986, s. I1 (Sched.)
Section 29 (I) and (2):	amended by 116, 1986, s. 11 (Sched.)
Section 30 (2):	substituted by 19, 1986, s. 4
Section 33 (I), (2) and (3):	amended by 116, 1986, s. I1 (Sched.)
Section 33 (4):	substituted by 116, 1986, s. 1 I (Sched.)
Section 33 (7):	amended by 116, 1986, s. 11 (Sched.)
Section 34 (2) and (5):	amended by 116, 1986, s. I1 (Sched.)

Sections 36, 37 and 38:	amended by 116, 1986, s. I1 (Sched.)
Section 38a:	inserted by 17, 1985, s. 4
Section 39 (3):	amended by 116, 1986, s. 11 (Sched.)
Section 40 (1):	amended by 116, 1986, s. 11 (Sched.)
Section 42:	amended by 116, 1986, s. 11 (Sched.)
Section 44:	substituted by 116, 1986, s. 11 (Sched.)
Section 45 (1):	amended by 116, 1986, s. I1 (Sched.)
Section 47 (3):	amended by 116, 1986, s. 11 (Sched.)
Schedule:	inserted by 19, 1986, s. 5