Second-hand Vehicle Dealers (Simplify No 2) Variation Regulations 2017 (SA)
South Australia
Second-hand Vehicle Dealers (Simplify No 2) Variation Regulations 2017
under the Second-hand Vehicle Dealers Act 1995
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Second-hand Vehicle Dealers Regulations 2010
4 Variation of Schedule 2—Forms
5 Variation of Schedule 5—Contributions to second-hand vehicles compensation fund
Schedule 1—Transitional provision
1 Transitional provision
Part 1—Preliminary
1—Short title
These regulations may be cited as the Second-hand Vehicle Dealers (Simplify No 2) Variation Regulations 2017.
2—Commencement
These regulations will come into operation on 1 September 2017.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Second-hand Vehicle Dealers Regulations 2010
4—Variation of Schedule 2—Forms
Schedule 2, Forms 5 and 6—delete the forms and substitute:
Form 5—Particulars to be included in a contract for the sale of a second‑hand vehicle by a dealer
Second-hand Vehicle Dealers Act 1995
Dealer Reference or Stock No:
Name in which dealer is licensed:
Business address:
Make:
Model:
Body Type:
Colour:
Body:
Trim:
Year of
manufacture:
Year of 1st
registration:
Registration
No:
Expiry date:
Engine No:
VIN No:
DETAILS OF PURCHASE
$
c
METHOD OF PAYMENT
$
c
Cash Price
Deposit
Additional options, accessories etc*
Trade‑in allowance*
Total price of vehicle
Less pay‑out
(Name of financier: )
Amount of deposit to be paid if contract rescinded (and preferred method of payment of refund)
Registration (number of months)
Equity (Deficiency)
3rd Party compulsory insurance
Less refund to purchaser
Stamp duty and/or transfer fee
Net equity (or deficiency)
Dealer to arrange above YES/NO
Total deposit and trade‑in
If Yes—Dealer handling fee
The dealer may charge—
if the vehicle is required to be presented for inspection at a recognised inspection facility—a maximum of $385; or
in any other case—a maximum of $100.
Vehicle insurance: [company]
Payable on delivery
Other (give full details including other parties to whom payment must be made)
(Amount payable on delivery includes amount to be financed where applicable)
TOTAL PAYABLE
TOTAL PAYMENT
Options/accessories/additional work included in this amount
$
c
*Trade‑in details
Make:
Model:
Body Type:
Colour:
Body:
Trim:
Year of Manufacture:
Year of 1st Registration:
Registration No:
Expiry Date:
Engine No:
Odometer: kms
Payout to:
Account No:
Valid until:
TOTAL
PURCHASER'S NAME:
ADDRESS:
Date of birth:
Phone no:
Email address:
Driver's licence no:
*OWNERSHIP AND ODOMETER DECLARATION
I declare that—
(a) the trade‑in is my own unencumbered property except as otherwise stated above; and
(b) the odometer reading as stated above is, at the time of sale, true and correct to the best of my knowledge and belief.
Signature of purchaser:
Settlement date:
*Address to which vehicle is to be delivered for repair of defects under the Second-hand Vehicle Dealers Act 1995.
REPAIRER'S NAME:
ADDRESS:
*The vehicle may be delivered to any of the following registered premises of the dealer for repair:
COOLING‑OFF RIGHTS
*This contract is subject to a 2 day cooling‑off period under section 18B of the Second-hand Vehicle Dealers Act 1995 expiring on [insert date and time when period is to expire].
The purchaser under a contract that is subject to a cooling‑off period under the Second-hand Vehicle Dealers Act 1995, may, within 2 clear business days after signing the contract (the cooling‑off period), by giving the dealer written notice that he or she does not wish to proceed with the purchase, rescind the contract. The written notice must be given to the dealer before the end of the cooling‑off period. If this occurs, the contract is rescinded. (The 2 day period may include a Saturday but will not include a Sunday or public holiday.)
If the contract is rescinded by the purchaser, the dealer is entitled to keep 2% of the contract price or $100, whichever is the lesser. The purchaser is entitled to the return of the balance of any deposit paid to the dealer by the end of the next clear business day.
*This contract is not subject to a 2 day cooling‑off period under section 18B of the Second-hand Vehicle Dealers Act 1995.
A purchaser who wishes to be bound by the contract may waive his or her right to the cooling‑off period by signing the Waiver of Cooling‑off Rights document provided by the dealer.
I acknowledge that, before the signing of the contract for the purchase of the vehicle, I was informed of/I did not request* the name and address of—
(a) the last owner of the vehicle (who was not a dealer)*;
(b) the person who leased the vehicle from the last owner of the vehicle (who was not a dealer) under a vehicle leasing agreement*.
Signature of purchaser:
Any purported exclusion, limitation, modification or waiver of your rights under the Act is void. The only way you can give away your rights under the Second-hand Vehicle Dealers Act 1995 is if you have signed a waiver document in accordance with the Second-hand Vehicle Dealers Regulations 2010.
In addition to any statutory warranty that may apply, you also have rights under the Australian Consumer Law that cannot be excluded.
Signature of purchaser:
Date:
Signature of dealer:
Date:
*Strike out whichever does not apply.
Form 6—Particulars to be included in a contract for the sale of a second‑hand motorcycle by a dealer
Second-hand Vehicle Dealers Act 1995
Name in which dealer is licensed:
Business address:
Make:
Model:
Colour:
Year of
manufacture:
Year of 1st
registration:
Registration
No:
Expiry date:
Engine No:
VIN
No:
DETAILS OF PURCHASE
$
c
METHOD OF PAYMENT
$
c
Cash Price
Deposit
Additional options, accessories etc*
Trade‑in allowance*
Total price of motorcycle
Less pay‑out
Amount of deposit to be paid if contract rescinded (and preferred method of payment of refund)
Registration (number of months)
Equity (Deficiency)
3rd Party compulsory insurance
Less refund to purchaser
Stamp duty and/or transfer fee
Net equity (or deficiency)
Dealer to arrange above YES/NO
Total deposit and trade‑in
If Yes—Dealer handling fee
The dealer may charge—
if the vehicle is required to be presented for inspection at a recognised inspection facility—a maximum of $385; or
in any other case—a maximum of $100.
Motorcycle insurance: [company]
Payable on delivery
Other (give full details including other parties to whom payment must be made)
(Amount payable on delivery includes amount to be financed where applicable)
TOTAL PAYABLE
TOTAL PAYMENT
Options/accessories/additional work included in this amount
$
c
*Trade‑in details
Make:
Model:
Colour:
Year of Manufacture:
Year of 1st Registration:
Registration No:
Expiry Date:
Engine No:
Odometer: kms
Payout to:
Account No:
Valid until:
TOTAL
PURCHASER'S NAME:
ADDRESS:
Date of birth:
Phone no:
Email address:
Driver's licence no:
*OWNERSHIP AND ODOMETER DECLARATION
I declare that—
(a) the trade‑in is my own unencumbered property except as otherwise stated above; and
(b) the odometer reading as stated above is, at the time of sale, true and correct to the best of my knowledge and belief.
Signature of purchaser:
Settlement date:
COOLING-OFF RIGHTS
*This contract is subject to a 2 day cooling‑off period under section 18B of the Second-hand Vehicle Dealers Act 1995 expiring on [insert date and time when period is to expire].
The purchaser under a contract that is subject to a cooling‑off period under the Second-hand Vehicle Dealers Act 1995, may, within 2 clear business days after signing the contract (the cooling‑off period), by giving the dealer written notice that he or she does not wish to proceed with the purchase, rescind the contract. The written notice must be given to the dealer before the end of the cooling‑off period. If this occurs, the contract is rescinded. (The 2 day period may include a Saturday but will not include a Sunday or public holiday.)
If the contract is rescinded by the purchaser, the dealer is entitled to keep 2% of the contract price or $100, whichever is the lesser. The purchaser is entitled to the return of the balance of any deposit paid to the dealer by the end of the next clear business day.
*This contract is not subject to a 2 day cooling‑off period under section 18B of the Second-hand Vehicle Dealers Act 1995.
A purchaser who wishes to be bound by the contract may waive his or her right to the cooling‑off period by signing the Waiver of Cooling‑off Rights document provided by the dealer.
I acknowledge that, before the signing of the contract for the purchase of the vehicle, I was informed of/I did not request* the name and address of—
(a) the last owner of the vehicle (who was not a dealer)*;
(b) the person who leased the vehicle from the last owner of the vehicle (who was not a dealer) under a vehicle leasing agreement*.
Signature of purchaser:
Any purported exclusion, limitation, modification or waiver of your rights under the Act is void. The only way you can give away your rights under the Second-hand Vehicle Dealers Act 1995 is if you have signed a waiver document in accordance with the Second-hand Vehicle Dealers Regulations 2010.
IMPORTANT INFORMATION
There is no duty to repair second‑hand motorcycles under the Second-hand Vehicle Dealers Act 1995.
Signature of purchaser:
Date:
Signature of dealer:
Date:
*Strike out whichever does not apply.
5—Variation of Schedule 5—Contributions to second-hand vehicles compensation fund
Schedule 5, clause 1—delete "each"
Schedule 5—after clause 1 insert:
1AIf a licensed dealer carries on business as a dealer from more than 1 notified premises, only 1 contribution is payable annually by the dealer.
Schedule 5, clause 4, definition of prescribed amount, (a)—delete "$100" and substitute:
$60
Schedule 5, clause 4, definition of prescribed amount, (b)—delete "$350" and substitute:
$200
Schedule 1—Transitional provision
1—Transitional provision
A notice given by a dealer to a purchaser on or before 1 December 2017 that is in the form set out in Form 5 or 6 (as the case may be) of Schedule 2 of the Second-hand Vehicle Dealers Regulations 2010 as in force immediately before the commencement of the Second-hand Vehicle Dealers (Simplify No 2) Variation Regulations 2017 will be taken to be in the required form for the purposes of the Second-hand Vehicle Dealers Act 1995 and the Second-hand Vehicle Dealers Regulations 2010.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 8 August 2017
No 217 of 2017
DPC17/041CS
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