Australian Capital Territory

sale of motor vehicles act 1977
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 5 April 2001
TABLE OF PROVISIONS
Section
Part 1—Preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
	3A.	Position of Crown
	5.	Registrar of Motor Vehicle Dealers
	5A.	Deputy Registrar of Motor Vehicle Dealers
	5B.	Inspectors
	5C.	Identity cards
	6.	Register of dealers
Part 2—Licences to carry on business as 
A DEALER, WHOLESALER OR CAR
MARKET OPERATOR
	6A.	Meaning of “dealer”
	6B.	Interpretation
	7.	Licensing of dealers
	7A.	Licensing of wholesalers
	7B.	Licensing of car market operators
	8.	Eligibility for the grant of licences to individuals
	9.	Eligibility for the grant of licences to corporations
	10.	Applications for licences by individuals

	11.	Applications for licences by corporations
	11A.	Identification of applicant or director
	11B.	Notification of application
	12.	Certificates of convictions
	13.	Grant or refusal of licence
	14.	Issue of licences
	14A.	Eligibility for renewal of licences
	14B.	Applications for renewal of licences
	14C.	Grant or refusal of renewal of licences
	14D.	Renewal of licences
	14E.	Variation of licences
Part 3—Dealings in motor vehicles
	15.	Licensees to maintain dealings register
	16.	Information to be recorded in dealings register
	17.	Furnishing of incorrect information to licensee
	18.	Aquainting persons with requirements of Act
	19.	Dealings with persons under 18 years
	20.	Dealer to attach notice to second-hand vehicle
	21.	Action by dealer on sale of second-hand motor vehicle
	22.	Sale of vehicle where odometer replaced or distance altered
	23.	Obligations of dealer to repair defects in motor vehicles
	24.	Excluded defects
	25.	Exceptions
	25A.	Obligations of dealer to repair defects in motorcycles
	25B.	Cooling-off period
	26.	Sales between dealers and wholesalers
	27.	Registrar may give opinion on disputes
	31.	Authority to dealer to sell as agent
Part 4—Sale of second-hand motor 
vehicles generally
	32.	Offences by vendors
Part 4A—REGISTRATION OF INTERESTS 
IN MOTOR VEHICLES
	32A	Definitions for pt 4A
	32B	Expressions in pt 4A have same meanings as in NSW Act
	32C	Registration of interests
	32D	Search certificates and notice
	32E	Purchasing motor vehicle with registrable interest
	32F	Liability of dealer to creditor if registrable interests defeated
	32G	Effect of part payment at time of acquisition
	32H	Revival of registrable interest on rescission of contract
	32I	Contracting out of operation of pt 4A etc
Part 5—Trust Accounts
	33.	Payment of moneys into trust account
	34.	Procedure where part of consideration is not money
	35.	Procedure where part of consideration is not money
	36.	Protection of trust moneys
	37.	Provisions applicable to banks
	38.	Accounting records
	39.	Receipts for trust moneys
	40.	Audit of trust accounts
	41.	Auditor’s report
	42.	Qualification of auditors
	43.	Withdrawals—deficiency suspected
Part 6—Revocation of licences
	45.	Revocation of licences
	45A.	Intended change of directors—notification and objection
	46.	Change of directors—objection by chief police officer
	47.	Inquiry by registrar
	48.	Action by registrar following revocation of licence
Part 7—Inquiries by the Registrar
	49.	Inquiries
	50.	Power to summon witnesses
	51.	Failure to attend or to produce documents
	52.	Refusal to be sworn or give evidence
	53.	Protection of representatives, witnesses etc
	54.	Protection of registrar and deputy registrar
	55.	Fees and expenses to witnesses
	56.	Registrar may inspect books etc
Part 8—Review by the Administrative
 Appeals Tribunal
	57.	Review by Administrative Appeals Tribunal
Part 9—Motor vehicle dealers 
compensation fund
	58.	The compensation fund
	59.	Contributions to the compensation fund by dealers
	60.	Certain persons may apply for compensation
	61.	Registrar to determine applications
	62.	Registrar to notify applicant of determination
	63.	Review of determination
	64.	Payment of compensation
	65.	Subrogation
Part 10—Enforcement
	66.	Interpretation
	67.	Obstruction etc of registrar or inspector
	68.	Offence by employee—liability of employer
	69.	Institution of proceedings
	70.	Infringement notices
	70A.	Final infringement notices
	70B.	Discharge of liability for Schedule 3 offences

	70C.	Application for withdrawal of infringement notices
	70D.	Withdrawal of infringement notices
	70E.	Prosecution of Schedule 3 offences
	70F.	Non-antecedent value of infringement notice offences
	70G.	Service of notices
	70H.	Evidence
Part 11—Miscellaneous
	71.	Determination of good fame and character
	72.	Issue of copy of licence
	73.	Display of licence and notice
	74.	Notification of commencement or cessation of business at a place
	76.	Inspection
	77.	Production of identity cards
	78.	Inspection of register
	79.	Advertisements by licensed dealers
	79A.	Advertisements by licensed car market operators
	80.	Publication of list of licensed dealers
	81.	Submission of documents for signature
	82.	Licensed dealer not to be indemnified by antecedent owner
	83.	Contracting out
	84.	Other rights and remedies preserved
	87.	Service upon licensees and applicants for licenses
	88.	Evidence of licensing
	89.	Requirement by registrar or inspector
	89A.	Temporary revival of licence following death of licensee
	90A.	Power of Minister to determine fees
	92.	Regulations
ScheduleS 1 and 2
Forms
SCHEDULE 3
On-the-spot fines

Australian Capital Territory

sale of motor vehicles act 1977
An Act  relating to the sale of motor vehicles and the licensing of motor vehicle dealers
Part 1—Preliminary
1 	Short title
	This Act may be cited as the Sale of Motor Vehicles Act 1977.1
21 	Commencement
(1) 	This section and section 1 shall come into operation on the day on which this Act is notified in the Gazette.
(2) 	The remaining provisions of this Act shall come into operation on such date as is, or such dates as respectively are, fixed by the Minister by notice published in the Gazette.
3 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“accessory”, in relation to a motor vehicle, means—
	(a)	a car radio, sound reproducing equipment or an airconditioning unit fitted to the vehicle; or
	(b)	a spare wheel or any other thing carried in or attached to the vehicle;
 “body number”, in relation to a motor vehicle, means the figures, letters or other symbols (if any) recorded on the body of a vehicle 
by the manufacturer of the vehicle as a means of identification of that vehicle;
“business”, in relation to— 
	(a)	a person who is the holder of a licence—means the business carried on under the licence; or
	(b)	a person who is an applicant for a licence—means the business that the person would be entitled to carry on in the event that the person were granted that licence;
“car market operator” means a person who carries on the business of providing a site for a market for the sale by other persons of second-hand motor vehicles, whether or not that site is used for any other purpose;
“car market operator licence” means a licence issued under section 7B;
“cash price”—
	(a)	in relation to a motor vehicle (including all accessories fitted, carried in or attached to the vehicle at the time of the offer or display) offered or displayed for sale, means the price at which the vendor is willing to sell the vehicle for cash; and
	(b)	in relation to the sale of a motor vehicle—
	(i)	means the price at which the vehicle is sold;
	(ii)	where any part of the consideration that passes or is to pass from the purchaser is represented by another motor vehicle or other thing, means the amount that is equal to the sum of the price paid, or that is to be paid, by the purchaser and the value of the other vehicle or thing as ascribed to it for the purposes of the sale by the parties  or, if no agreed value is so ascribed, the market value of the other vehicle or thing at the time of the sale; or
	(iii)	where all of the consideration that passes or is to pass from the purchaser is represented by another motor vehicle or other thing, means the value of the other vehicle or thing as ascribed to it for the purposes of the sale by the parties  or, if no agreed value is so ascribed, the market value of the other vehicle or thing at the time of the sale;
“charge” means a charge that has not been dealt with by a court, but does not include a charge that has been withdrawn or otherwise not proceeded with;
“chief police officer” means the police officer who is responsible to the commissioner of police for the day-to-day administration and control of police services in the Territory;
“commercial vehicle” means a motor vehicle for use wholly or principally for—
	(a)	the carriage of goods;
	(b)	the carriage of more than 10 adult persons; or
	(c)	industrial or agricultural purposes;
and includes a motor vehicle, or a motor vehicle included in a class of motor vehicles, prescribed for the purposes of this definition but does not include—
	(d)	a motor vehicle—
	(i)	of a kind known as a utility, station wagon or panel van that is the same make as a factory-produced motor car; and
	(ii)	in which, the front part of the body, and the mechanical equipment, of which are the same, or substantially the same, as in that motor vehicle;
	(e)	a motor vehicle that is adapted for camping use;
	(f)	a four-wheel drive motor vehicle with at least 1 forward-facing rear passenger seat (not being a motor vehicle of a kind known as a dual cab or a crew-cab); or
	(g)	a motor vehicle, or a class of motor vehicles, prescribed not to be a motor vehicle, or a class of motor vehicles, as the case may be, for the purposes of this definition;
“committee” means the registrar’s advisory committee constituted by subsection 66 (1);
“convicted” includes being discharged under section 556A of the Crimes Act 1900 or an equivalent provision of a law of the Commonwealth, a State, another Territory or another country, but does not include a reference to a conviction that has been set aside on appeal or review;
“dealer” has the meaning given by section 6A;
“dealings register” means a dealings register kept by a licensed dealer in pursuance of section 15;
“demonstrator”, in relation to a motor vehicle, means a vehicle—
	(a)	that has been sold only to a dealer or wholesaler;
	(b)	that has been registered only in the name of any 1 of the following persons:
	(i)	a dealer or wholesaler or any person on behalf of a dealer or wholesaler;
	(ii)	a person in anticipation of the sale of the vehicle to that person; and
	(c)	that has not been used for any purpose other than—
	(i)	a purpose in connection with its manufacture or sale; or
	(ii)	the purpose of demonstrating the motor vehicle, or another vehicle of the same type, to a potential buyer of that vehicle;
“deputy registrar” means the Deputy Registrar of Motor Vehicle Dealers under section 5A;
“determined fee” means the fee determined under section 90A for the purposes of the provision in which the expression occurs;
“director” means a person responsible for the management of a corporation;
“financier” means a person who carries on the business of buying, selling or exchanging motor vehicles only—
	(a)	for the purpose of hiring motor vehicles under hire-purchase agreements;
	(b)	for the purpose of selling motor vehicles on instalment terms;
	(c)	for the purpose of taking or enforcing securities over motor vehicles;
	(d)	for the purpose of letting out on hire motor vehicles without granting a right to purchase them;
	(e)	for any purpose that may be prescribed; or
	(f)	for the purpose of disposing of motor vehicles acquired by him or her in connection with any of the purposes referred to in, or prescribed in relation to, this definition;
or for 2 or more of those purposes, but does not include—
	(g)	a person who, otherwise than by an agent who is a licensed dealer, offers or displays motor vehicles for sale to the public, other than for the purpose referred to in paragraph (f);
	(h)	a person who holds himself or herself out as ready to purchase motor vehicles from the public; or
	(i)	a person or a person included in a class of persons declared by the regulations to be excluded from this definition;
“good fame and character” has the meaning given by section 71;
“hire-purchase agreement”, in relation to a motor vehicle, includes a letting of the motor vehicle with an option to purchase and an agreement the object of which is the sale and purchase of a motor vehicle by instalments (whether the agreement describes the instalments as rent or hire or otherwise), but does not include an agreement under which the property in the motor vehicle comprised in the agreement passes at the time of the agreement or at any time before delivery of the motor vehicle;
“inspector” means an inspector under section 5B;
“licence” means a vehicle sale licence or a car market operator licence and, if such a licence is varied under section 14E, includes the licence as so varied;
“licensed car market operator” means a person who holds a car market operator licence;
“licensed dealer” means a dealer who holds a vehicle sale licence;
“licensed wholesaler” means a person who holds a vehicle sale licence to carry on business as a wholesaler;
“manufacturer” means a person who carries on the business of making or assembling motor vehicles;
“model designation” means, in relation to a motor vehicle of a particular model, the words, figures, letters or other symbols (if any) applied by the manufacturer of that motor vehicle to describe or identify a motor vehicle of that model;
“motorcycle” means a motor vehicle that has less than 4 wheels and is steered by means of handlebars;
“motor vehicle” means any motor car, motorcycle, or other vehicle used on land that is propelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, or by any means other than human or animal power, whether or not that vehicle is in working condition or is incomplete but does not include any vehicle used on a railway or tramway or a vehicle included in a class of vehicles that the Minister has, by notice in the Gazette, declared not to be a motor vehicle for the purposes of this Act;
“new motor vehicle” means a motor vehicle other than a second-hand motor vehicle;
“odometer” means an instrument or device that measures and records the distance travelled by a motor vehicle but does not include such an instrument or device that is designed so as to permit, as part of its normal functioning, manual alteration of the distance so recorded;
“owner”, in relation to a motor vehicle, includes—
	(a)	a person who is the sole owner, joint owner or part owner thereof;
	(b)	a person who has the possession thereof under or subject to a hire-purchase agreement or subject to a bill of sale or like instrument; and
	(c)	a person who has the possession thereof under a contract of hire;
but does not include a person in whom the property in the motor vehicle or any absolute or conditional right or licence to take possession of the motor vehicle is vested under or subject to a contract of hire or hire-purchase agreement or subject to a bill of sale or like instrument but who has not for the time being the possession thereof;
“premises” includes a parcel of vacant land;
“qualified accountant” means—
	(a)	a member of the Institute of Chartered Accountants in Australia, the National Institute of Accountants or the Australian Society of Certified Practising Accountants; or
	(b)	a person registered as a registered company auditor under the Corporations Law;
“register” means the register of motor vehicle dealers kept by the registrar in pursuance of section 6;
“registrar” means the registrar of motor vehicle dealers under 
section 5;
“sell”, in relation to a motor vehicle, means to sell as principal or agent and “sale” and “sold” have corresponding meanings;
“trade owner” means—
	(a)	a dealer; or
	(b)	a financier;
“vehicle sale licence” means a licence issued under section 7 or 7A;
“wholesaler” means a person who carries on the business of buying motor vehicles from any person and selling those vehicles to, or exchanging those vehicles with, persons who are financiers or holders of licences (other than car market operators’ licences) and only those persons.
 (2) 	For the purposes of this Act—
	(a)	where—
	(i)	a motor vehicle is made the subject of a hire-purchase agreement; or
	(ii)	a person enters into an agreement with another person for the letting out on hire to that person of a new motor vehicle;
then—
	(iii)	the motor vehicle shall be deemed to be sold to the hirer by the owner of the motor vehicle;
	(iv)	the sale shall be taken to be made when the agreement is entered into; and
	(v)	the hirer shall be taken to be the purchaser of the vehicle;
	(b)	where a financier sells, or is deemed to have sold, a motor vehicle to a person other than a trade owner (in this paragraph called “the purchaser”), any other person—
	(i)	who sold that vehicle to the financier in the expectation that the financier would sell the vehicle to the purchaser or would, in respect of that vehicle, enter into an agreement with the purchaser of a kind referred to in paragraph (2) (a);
	(ii)	by whom or on whose behalf negotiations leading to the making of the sale were carried out; or
	(iii)	by whom or on whose behalf the transaction leading to the sale was arranged;
shall be deemed to have sold the vehicle to the purchaser as the agent of the financier;
	(c)	where—
	(i)	a corporation enters into an agreement with a person for the letting out on hire to that person of a new motor vehicle; and
	(ii)	that corporation is not a dealer but is, for the purposes of the Corporations Law deemed to be related to another corporation and that other corporation is a dealer;
the corporation that enters into the agreement shall be liable to the hirer in all respects as if the corporation were a dealer unless, in accordance with paragraph (b), another person who is a dealer is deemed to have sold the vehicle as agent of that corporation;
	(d)	a motor vehicle shall be deemed to have been manufactured on or after a particular date if any process in the manufacture of the vehicle is carried out on or after that date; and
	(e)	a motor vehicle shall be taken to have been sold notwithstanding that all or part of the consideration that passed from the purchaser in respect of the sale is represented by another vehicle or other thing.
3A 	Position of Crown
	This Act does not apply in relation to dealings in motor vehicles by the Territory.
5 	Registrar of Motor Vehicle Dealers
(1) 	There shall be a Registrar of Motor Vehicle Dealers.
(2) 	The chief executive shall create and maintain an office in the government service the duties of which include performing the functions of the Registrar of Motor Vehicle Dealers.
(3) 	The registrar shall be the public servant for the time being performing the duties of the government service office referred to in subsection (2).
5A 	Deputy Registrar of Motor Vehicle Dealers
(1) 	There shall be a Deputy Registrar of Motor Vehicle Dealers.
(2) 	The deputy registrar may perform any function of the registrar, subject to any direction of the registrar.
(3) 	The chief executive shall create and maintain an office in the government service the duties of which include performing the functions of the Deputy Registrar of Motor Vehicle Dealers.
(4) 	The deputy registrar shall be the public servant for the time being performing the duties of the government service office referred to in subsection (3).
5B 	Inspectors
(1) 	There shall be 1 or more inspectors for the purposes of this Act.
(2) 	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of an inspector.
(3) 	The following persons shall be inspectors:
	(a)	a public servant for the time being performing the functions of a government service office referred to in subsection (2); 
	(b)	the registrar;
	(c)	the deputy registrar;
	(d)	a police officer of or above the rank of sergeant;
	(e)	a member of any other rank of the police force who has been nominated in writing by the chief police officer.
5C 	Identity cards
(1) 	The chief executive shall issue to the registrar an identity card that specifies the registrar’s name and office, and on which appears a recent photograph of the registrar.
(2) 	The chief executive shall issue to the deputy registrar an identity card that specifies the deputy’s name and office, and on which appears a recent photograph of the deputy.
(3) 	The chief executive shall issue to an inspector an identity card that specifies the inspector’s name and office, and on which appears a recent photograph of the inspector.
(4) 	Upon ceasing to occupy, or to act in—
	(a)	the office of the registrar;
	(b)	the office of the deputy registrar; or
	(c)	an office of inspector;
a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Penalty: 1 penalty unit.
(5) 	In this section—
“inspector” does not include a police officer.
6 	Register of dealers
	The Registrar shall keep a register of motor vehicle dealers in such form as the Minister directs and shall enter  such particulars as are prescribed or as the Minister directs.

Part 2—Licences to carry on business as A DEALER, WHOLESALER OR CAR MARKET
OPERATOR
6A 	Meaning of “dealer”
(1) 	A dealer is a person who—
	(a)	buys, sells or exchanges motor vehicles as a business but does not include—
	(i)	such a person whose business consists exclusively of buying motor vehicles for the purpose of demolishing or dismantling those vehicles;
	(ii)	a wholesaler;
	(iii)	a car market operator; or
	(iv)	a financier; or
	(b)	subject to subsection (2), a person who sells more than 6 vehicles in any period of 12 months.
(2) 	Paragraph (b) does not apply to a person who is exempted by the registrar by notice in writing.
(3) 	A person shall not, by reason only of anything contained in paragraph 3 (2) (a), be taken, for the purposes of this Act, to be a dealer.
6B 	Interpretation 
	In this Part, unless the contrary intention appears—
“relevant chief executive” means the chief executive who has control of the administrative unit to which responsibility for the administration of the Land (Planning and Environment) Act 1991 has been allocated.
7 	Licensing of dealers
	A person shall not carry on the business of a dealer or hold himself or herself out as a dealer unless—
	(a)	the person is the holder of a vehicle sale licence; and
	(b)	the business is carried on at premises specified in the licence as the address at which the person may carry on that business or partly at those premises and partly at premises specified in another vehicle sale licence held by the person.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
7A 	Licensing of wholesalers 
	A person shall not carry on the business of a wholesaler or hold himself or herself out as a wholesaler unless—
	(a)	the person is the holder of a vehicle sale licence; and
	(b)	an address has not been specified in that licence under subsection 14 (1A).
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
7B 	Licensing of car market operators
	A person shall not carry on the business of a car market operator or hold himself or herself out as a car market operator unless—
	(a)	the person is the holder of a car market operator licence; and
	(b)	the business is carried on at premises specified in the licence as the address at which the person may carry on that business or partly at those premises and partly at premises specified in another car market operator licence held by the person.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
8 	Eligibility for the grant of licences to individuals
(1) 	An individual is eligible for the grant of a licence if—
	(a)	the individual has attained the age of 18 years;
	(b)	the individual is of good fame and character;
	(c)	the individual is not a person who is for the time being taking the benefit of any law for the relief of bankrupt or insolvent debtors or a person whose remuneration is, for the time being, assigned for the benefit of his or her creditors;
	(d)	having regard to the factors specified in subsection (2), the individual is likely to be able to comply with the obligations applicable to the licence;
	(e)	in the case of an applicant for the grant of a vehicle sale licence—
	(i)	the individual is not the holder of, or an applicant for, a car market operator licence; and
	(ii)	the individual has sufficient material and financial resources to carry on that business in accordance with subsection (3); 
	(f)	in the case of an applicant for the grant of a car market operator licence—the individual is not the holder of, or an applicant for, a vehicle sale licence; and
	(g)	in the event that the licence is granted—the individual intends to carry on the business during the period of the licence.
(2) 	For the purposes of paragraph (1) (d), the question whether an individual is likely to be able to comply with the obligations applicable to the licence is to be determined having regard to his or her—
	(a)	apparent understanding of those obligations;
	(b)	general business experience (whether or not in the motor trade);
	(c)	previous employment (whether or not in the motor trade);
	(d)	knowledge of the operation of businesses of the type proposed to be engaged in by the individual;
	(e)	level of education; and
	(f)	personal capacity.
(3) 	For the purposes of paragraph (1) (e), the question whether an individual has sufficient material and financial resources to carry on the proposed business is to be determined having regard to—
	(a)	the scope of the individual’s proposed business operations; and
	(b)	the liabilities the individual may incur in the course of carrying on that business.
9 	Eligibility for the grant of licences to corporations
	A corporation is eligible for the grant of a licence if—
	(a)	each of the directors of the corporation is a person of good fame and character;
	(b)	in the case of an applicant for the grant of a vehicle sale licence—
	(i)	the corporation is not the holder of, or an applicant for, a car market operator licence; and
	(ii)	the corporation has sufficient material and financial resources to carry on business having regard to the scope of its proposed business operations and the liabilities it may incur in the course of carrying on business; and
	(c)	in the case of an applicant for the grant of a car market operator licence—the corporation is not the holder of, or an applicant for, a vehicle sale licence.
10 	Applications for licences by individuals
(1) 	An application for the grant of a licence by a person other than a corporation—
	(a)	shall be in writing and signed by the applicant;
	(b)	shall be lodged with the registrar;
	(c)	shall state in relation to the applicant—
	(i)	full name;
	(ii)	date and place of birth;
	(iii)	present residential address and any other addresses at which the applicant has resided during the 3 years immediately preceding the date of the application;
	(d)	shall state the period, being a period not exceeding 12 months, for which the licence is sought and may specify the date from and including which the applicant proposes that the licence should take effect;
	(e)	except in the case of an application for a car market operator licence—shall be accompanied by a statement audited by a qualified accountant containing details of the applicant’s material and financial resources;
	(f)	shall specify the premises at which the applicant proposes to carry on business under the licence;
	(g)	a certificate by the relevant chief executive that, in his or her opinion, the carrying on of the proposed business at the premises specified in the application in pursuance of paragraph (f) is not prohibited by the provisions of the lease of the land at which those premises are situated or by the Territory Plan as in effect under the Land (Planning and Environment) Act 1991;
	(h)	shall state whether he or she is a bankrupt, or is for the time being taking the benefit of any law for the relief of bankrupt or insolvent debtors, or is a person whose remuneration is, for the time being, assigned for the benefit of his or her creditors;
	(i)	shall be accompanied by certificates by 2 persons certifying with respect to the fame and character of the applicant;
	(k)	shall, where the applicant either in the Territory or elsewhere has previously carried on the business of a dealer, wholesaler or car market operator or has been employed in such a business, contain details of the business so carried on or of that employment, as the case may be;
	(ka)	if the applicant proposes to carry on business under a name other than his or her personal name—shall be accompanied by a certificate of registration of the business name under the Business Names Act 1963;
	(kb)	shall be accompanied by identification of the applicant being identification in accordance with the requirements of section 11A;
	(l)	shall contain such other information as is prescribed.
(2) 	An application under subsection (1) shall be notified in accordance with section 11B.
11 	Applications for licences by corporations
(1) 	An application by a corporation for the grant of a licence—
	(a)	shall be in writing and signed on behalf of the corporation by a director of the corporation;
	(b)	shall be lodged with the registrar;
	(c)	shall be accompanied by evidence of the due incorporation of the corporation;
	(d)	shall be accompanied by a statement setting out, in respect of each director of the corporation, the director’s name, date of birth, present residential address and any other addresses at which the director has resided during the 3 years immediately preceding the date of the application;
	(e)	except in the case of an application for a car market operator licence—shall be accompanied by the relevant financial information referred to in subsection (2);
	(f)	shall state the period, being a period not exceeding 12 months, for which the licence is sought and may specify the date from and including which the applicant proposes that the licence should take effect;
	(g)	shall specify the premises at which the corporation proposes to carry on business under the licence;
	(h)	a certificate by the relevant chief executive that, in his or her opinion, the carrying on of the proposed business at the premises specified in the application in pursuance of paragraph (f) is not prohibited by the provisions of the lease of the land at which those premises are situated or by the Territory Plan as in effect under the Land (Planning and Environment) Act 1991;
	(i)	shall be accompanied by certificates in respect of each of the directors of the corporation by 2 persons certifying with respect to the fame and character of each of the directors;
	(j)	shall, where a director either in the Territory or elsewhere has previously carried on the business of a dealer or has been employed by a dealer, contain details of the business so carried on or of that employment, as the case may be;
	(ja)	if the applicant proposes to carry on business under a name other than the name of the corporation—shall be accompanied by a certificate of registration of the business name under the Business Names Act 1963;
	(jb)	shall be accompanied by identification of each of the directors of the corporation being identification in accordance with the requirements of section 11A; and
	(k)	shall contain such other information as is prescribed.
(2) 	For the purposes of paragraph (1) (e), the relevant financial information is—
	(a)	where the corporation has been in existence for more than 1 financial year of that corporation—
	(i)	a copy of the corporation’s accounts in respect of the financial year of the corporation immediately preceding the application for the grant of the licence; and
	(ii)	a copy of the corporation’s accounts in respect of the period commencing at the end of that financial year and ending no more than 1 month immediately preceding the application for the grant of the licence; or
	(b)	where paragraph (a) does not apply—a copy of the corporation’s accounts in respect of the period commencing at its incorporation and ending no more than 1 month immediately preceding the application for the grant of the licence;
being accounts that have been audited by a qualified accountant.
(3) 	In subsection (2)—
	(a)	a reference to accounts shall be read as a reference to accounts within the meaning of the Corporations Law; and
	(b)	a reference to accounts in respect of a period shall be read as including a reference to accounts in respect of each of 2 periods whose total length corresponds to the length of the firstmentioned period.
(4) 	An application under subsection (1) shall be notified in accordance with section 11B.
11A 	Identification of applicant or director
(1) 	In this section—
“relevant person” means—
	(a)	in the case of an application for a licence by an individual—the applicant; or
	(b)	in the case of an application for a licence by a corporation—a director of the corporation.
(2) 	Subject to subsection (3), for the purposes of paragraph 10 (1) (kb) or 11 (1) (jb), the identification is 2 of the following items being items in the name currently used by the relevant person:
	(a)	a licence issued to the relevant person under a law;
	(b)	a credit card or a debit card issued to the relevant person;
	(c)	a notice issued by a public utility relating to liability of the relevant person to rates or a service provided by the utility;
	(d)	a certificate, diploma or testamur issued to the relevant person by a recognised tertiary institution or government education agency;
	(e)	a certificate of birth or marriage issued by a government agency that relates to the relevant person;
	(f)	a document equivalent to a document referred to in a preceding paragraph that has been issued in a State, another Territory or a foreign country;
	(g)	a passport issued to the relevant person including a passport issued by the government of a foreign country.
(3) 	The 2 items referred to in subsection (2) must consist of 1 item referred to in 1 paragraph of that subsection and 1 item referred to in another item of that subsection.
(4) 	Where the registrar is satisfied that in all the circumstances (including the availability of items referred to in subsection (2)) it is not reasonably practicable to comply with the requirements of that subsection in respect of a relevant person, the registrar may accept any other identification for the purposes of paragraph 10 (1) (kb) or 11 (1) (jb) which the registrar considers to be satisfactory evidence of the identity of that person.
11B 	Notification of application
(1) 	In this section—
“relevant person” means—
	(a)	in the case of an application for a licence by an individual—the applicant; or
	(b)	in the case of an application for a licence by a corporation—a director of the corporation.
(2) 	An application under subsection 10 (1) or 11 (1) shall be notified in a daily newspaper circulating in the Territory within 7 days of lodgment.
(3) 	A notice referred to in subsection (2) shall also—
	(a)	include the name of the applicant;
	(b)	include the full name and present residential address of each relevant person;
	(c)	indicate the type of licence applied for;
	(d)	indicate the place where the applicant would carry on business in the event that the licence is granted; and
	(e)	indicate that any person who objects to the grant of the licence to the applicant should lodge a written objection with the registrar at the address of the registrar specified in the notice within 14 days of publication of the notice.
12 	Certificates of convictions
(1) 	Upon receipt of an application for the grant or renewal of a licence, the registrar shall forward to the chief police officer the name, address and any former name or address of the applicant known to the registrar.
(2) 	Within 21 days of the receipt of the copy of the application, the chief police officer shall furnish to the registrar a certificate stating whether, according to the records held by the chief police officer, it appears that the applicant has been charged with, or convicted of, any offence against a law of the Territory, the Commonwealth, a State, another Territory or another country.
(3) 	The applicant is entitled to inspect a certificate under subsection (2).
13 	Grant or refusal of licence
(1) 	The registrar shall grant an application for a licence unless—
	(a)	the applicant or, in the case of an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the registrar under subsection (2);
	(b)	the applicant for the grant of a licence fails to establish that the applicant is eligible for the grant of the licence; or
	(c)	the application does not comply with the requirements of section 10 or 11, as the case requires.
(2) 	The registrar may require an applicant, or in the case of an application by a corporation, all or any of the directors of the corporation, to attend before the registrar and may require the applicant or such a director to furnish to him or her, orally or in writing, such further information as he or she requires to be furnished.
(3) 	The registrar may exercise his or her powers under subsection (2) whether or not—
	(a)	an objection to the grant of an application for a licence has been lodged; or
	(b)	the certificate of conviction received by the registrar indicates that the applicant has been charged with, or convicted of, an offence against a law of the Territory, the Commonwealth, a State, another Territory or another country.
(4) 	Where—
	(a)	an objection is lodged in response to a notice referred to in section 11B and the registrar is satisfied that the objection is not frivolous or vexatious;
	(b)	a certificate of conviction has been received indicating that the applicant has been charged with, or convicted of, an offence and the registrar is satisfied that as a consequence of that conviction the applicant is not a person of good fame and character; or
	(c)	the registrar considers that there may be grounds for refusing an application for the grant of a licence;
the registrar shall hold an inquiry into the matter.
(5) 	Where the registrar refuses an application for the grant of a licence to an applicant, the registrar shall record the reasons for his or her decision and cause to be served on the applicant notice of the decision.
(6) 	Where the registrar, within the period of 3 months after the lodging with the registrar of an application for a licence, fails to convey to the applicant a decision in respect of the application, the registrar shall be deemed to have refused to grant the application.
14 	Issue of licences
(1) 	Subject to subsection (1A), where the registrar grants an application for a licence, he or she shall, on payment by the applicant of the determined fee and the contribution referred to in section 59, issue to the applicant a licence to carry on the business of a dealer.
(1A) 	Before issuing a licence to a person who proposes to carry on the business of a dealer or a car market operator, the registrar shall specify in the licence the address of the premises at which the dealer or operator, as the case may be, may carry on that business.
(2) 	A licence shall be granted for a period of 12 months or for such shorter period as is specified in the application or the registrar allows.
14A 	Eligibility for renewal of licences
(1) 	An individual is eligible for the renewal of the licence held by him or her if—
	(a)	the individual is a person of good fame and character;
	(b)	the individual is not a person who is for the time being taking the benefit of any law for the relief of bankrupt or insolvent debtors or a person whose remuneration is, for the time being, assigned for the benefit of his or her creditors;
	(c)	in the case of the renewal of a vehicle sale licence—the individual has sufficient material and financial resources to carry on that business in accordance with subsection (3); and
	(d)	in the event that the licence is granted—the individual intends to carry on the business during the period of the licence.
(2) 	A corporation is eligible for the renewal of the licence held by the corporation if—
	(a)	each of the directors of the corporation is a person of good fame and character;
	(b)	in the case of the renewal of a vehicle sale licence—the corporation has sufficient material and financial resources to carry on that business in accordance with subsection (3); and
	(c)	in the event that the licence is granted—the corporation intends to carry on the business during the period of the licence.
(3) 	For the purposes of paragraph (1) (c), the question whether an applicant for renewal has sufficient material and financial resources to carry on the business during the period of the renewal is to be determined having regard to—
	(a)	the scope of the applicant’s business operations; and
	(b)	the liabilities the applicant has incurred and may incur in the course of carrying on business.
14B 	Applications for renewal of licences
	An application by a licensee for the renewal of the licence held by the licensee—
	(a)	shall be in writing and signed—
	(i)	except where subparagraph (ii) applies—by the licensee; or
	(ii)	where the licensee is a corporation—on behalf of the corporation by a director of the corporation;
	(b)	shall state the period, being a period not exceeding 12 months, for which renewal of the licence is sought;
	(c)	except in the case of an application for renewal of a car market operator licence—shall be accompanied by a statement audited by a qualified accountant containing details of the licensee’s working capital;
	(d)	shall specify the premises at which the licensee proposes to carry on business under the licence as renewed; and
	(e)	a certificate by the relevant chief executive that, in his or her opinion, the carrying on of the proposed business at the premises specified in the application in pursuance of paragraph (d) is not prohibited by the provisions of the lease of the land at which those premises are situated or by the Territory Plan as in effect under the Land (Planning and Environment) Act 1991.
14C 	Grant or refusal of renewal of licences
(1) 	The registrar shall grant an application for the renewal of a licence unless—
	(a)	the applicant or, in the case of an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the registrar under subsection (2);
	(b)	the applicant for the renewal of a licence fails to establish that he, she or it is eligible for the renewal of the licence; or
	(c)	the application does not comply with the requirements of section 14B that are applicable to the applicant.
(2) 	The registrar may, whether or not an objection to the grant of an application for a renewal of a licence has been lodged, require an applicant, or in the case of an application by a corporation, all or any of the directors of the corporation—
	(a)	to attend before the registrar; and
	(b)	to furnish to the registrar, orally or in writing, such further information as the registrar requires to be furnished.
(3) 	Where an objection is lodged under section 12 or the registrar considers that there may be grounds for refusing an application for the grant of a renewal of a licence, the registrar shall hold an inquiry into the matter.
(4) 	Where the registrar refuses an application for the grant of a renewal of a licence to an applicant, the registrar shall record the reasons for his or her decision and cause to be served on the applicant notice of the decision.
(5) 	Where the registrar, within the period of 3 months after the lodging with him or her of an application for the renewal of a licence, fails to convey to the applicant a decision in respect of the application, the registrar shall be taken to have refused to grant the application.
14D 	Renewal of licences
(1) 	Where the registrar grants an application for the renewal of a licence, the registrar shall, on payment by the applicant of the determined fee and the contribution referred to in section 59, issue to the applicant a renewal of the licence to carry on business subject to any conditions imposed by the registrar.
(2) 	A licence shall be renewed for a period of 12 months or for such shorter period as is specified in the application or the registrar allows, but may, upon payment of the determined fee and the contribution referred to in section 59, be renewed for successive periods of 12 months.
(3) 	The registrar may grant an application for the renewal of a licence subject to conditions.
(4) 	A person shall not carry on business under a licence that has been renewed subject to a condition unless the person complies with the condition.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(5) 	Without limiting the scope of the conditions that may be imposed under subsection (3), where the registrar considers that the financial position of the applicant requires it, the registrar may impose a condition relating to the size of the business that the applicant may operate under the licence as renewed.
14E 	Variation of licences
(1) 	The registrar, on application in writing by a licensee, may vary a licence.
(2) 	An application shall specify the reason for the proposed change and be accompanied by the copy of the licence held by the applicant.
(3) 	Where the registrar varies a licence, the registrar shall endorse the terms of the variation on the copy of the licence lodged with the application and return the copy to the applicant.
(4) 	Subject to subsection (5), where a licence is varied, the licence has effect on and after the variation as if the licence had been issued or renewed, as the case may be, in the terms as varied.
(5) 	Subsection (4) does not affect any rights or liabilities which had accrued in relation to a licence and were in existence immediately before the variation of the licence.
(6) 	Where the registrar refuses an application for the grant of a variation of a licence to an applicant, the registrar shall—
	(a)	record the reasons for his or her decision;
	(b)	cause to be served on the applicant notice of the decision; and
	(c)	return to the applicant the copy of the licence lodged with the application.
(7) 	Where the registrar, within the period of 3 months after the lodging with him or her of an application for the variation of a licence, fails to convey to the applicant a decision in respect of the application, the registrar shall be taken to have refused to grant the application.

Part 3—Dealings in motor vehicles
15 	Licensees to maintain dealings register
(1) 	At each place at which a licensee carries on business, the licensee shall maintain a dealings register in accordance with this section.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
(2) 	A dealings register shall consist of—
	(a)	a bound book each page of which is numbered consecutively and bears the name of the licensee and the address at which it is kept; or
	(b)	a computer system approved by the registrar under subsection (4).
(3) 	Where a licensee maintains a dealings register in the form of a bound book, entries in the book shall be made in ink and shall not be erased or made illegible.
(4) 	The registrar shall not approve a computer system for the purpose of maintaining a dealings register unless the registrar is satisfied that the computer system as maintained by the licensee would—
	(a)	provide for the immediate retrieval of information required by this Act to be recorded in the dealings register and made available for inspection; and
	(b)	contain a duplicate version of the information referred to in paragraph (a) and provide for the backup or duplication of any alteration in that information.
(5) 	The information referred to in paragraph (4) (a) shall be in the English language and be readable on sight.
16 	Information to be recorded in dealings register
(1) 	A licensee, upon purchasing or otherwise acquiring a second-hand motor vehicle, whether as principal or agent, or upon becoming the possessor of a vehicle that the licensee is authorised to sell in accordance with section 31, shall, in respect of that motor vehicle, enter or cause to be entered in his or her dealings register—
	(a)	the make, model designation and type, year of manufacture (where known), registered number (if any), engine number and body number of the vehicle;
	(b)	where the motor vehicle is fitted with an odometer, the distance travelled by the vehicle as recorded on the odometer when the vehicle came into his or her possession;
	(c)	the name and address of the person from whom the licensee purchased or otherwise acquired the vehicle;
	(d)	the name of the most recent owner of the motor vehicle who was not a trade owner;
	(e)	the date on which the licensee purchased or otherwise acquired the vehicle; and
	(f)	the consideration (if any) the licensee gave for the motor vehicle.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
(2) 	A licensed dealer or licensed wholesaler, upon selling or otherwise disposing of a motor vehicle in other than a demolished or dismantled condition, shall in respect of that motor vehicle enter or cause to be entered in his or her dealings register—
	(a)	the date on which he or she sold or otherwise disposed of the vehicle;
	(b)	the name and address of the person to whom he or she sold or otherwise disposed of the vehicle; and
	(c)	if the vehicle was not in working condition at the time that it was sold or otherwise disposed of, particulars of the condition of the vehicle at that time.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
(3) 	Where a licensed dealer or licensed wholesaler demolishes or permanently dismantles a motor vehicle, he or she shall, in respect of that vehicle, enter, or cause to be entered, in his or her dealings register a note of the demolition or dismantling of the vehicle and the date of that demolition or dismantling.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
(4) 	Subject to subsection (5), a licensed car market operator shall not permit a second-hand motor vehicle to be displayed for sale at the premises to which the licence of the operator relates (in this subsection and subsection (5) called “the market”) unless, in respect of the motor vehicle, the operator enters or causes to be entered in the dealings register—
	(a)	the make, model designation and type, year of manufacture (where known), registered number (if any), engine number and body number of the vehicle;
	(b)	where the motor vehicle is fitted with an odometer, the distance travelled by the vehicle as recorded on the odometer immediately before the vehicle was displayed for sale; and
	(c)	the name of the most recent owner of the motor vehicle who was not a trade owner.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units. 
(5) 	Where—
	(a)	a licensed car market operator enters or causes to be entered in the dealings register the particulars referred to in subsection (1) in respect of a vehicle (in this subsection called “the relevant full particulars entry”); and
	(b)	the vehicle is displayed for sale at the market from time to time within a period not exceeding 2 months after the relevant full particulars entry was made;
the operator shall be taken to sufficiently comply with subsection (4) if the operator enters or causes to be entered in the dealings register an entry which—
	(c)	identifies the location of the relevant full particulars entry in the dealings register; and
	(d)	specifies any particulars required by paragraph (4) (b).
(6) 	In this section—
“dealings register” means—
	(a)	in relation to a dealing in a motor vehicle by a licensee who carries on business at more than 1 place—
	(i)	the dealings register maintained at the place of business at which the dealing takes place; or
	(ii)	if the dealing takes place off the premises of such a place—the dealings register at the place of business that is closest to the place where the dealing takes place; or
	(b)	in relation to a dealing in a motor vehicle by any other licensee—the dealings register maintained at the place at which the licensee carries on business.
17 	Furnishing of incorrect information to licensee
	A person shall not furnish incorrect information to a licensee, or to a person acting on behalf of a licensee, in respect of any of the matters that a licensee is required to enter in a dealings register in accordance with section 16.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
18 	Acquainting persons with requirements of Act
	Where a person furnishes information to a licensee or to any person acting on behalf of a licensee in respect of any of the matters that a licensee is required to enter in a dealings register, the licensee or the person acting on his or her behalf shall bring to the notice of the person furnishing the information the requirement contained in section 17.
19 	Dealings with persons under 18 years
(1) 	A licensed dealer shall not, in respect of a person who is apparently under the age of 18 years, purchase or otherwise acquire from that person or sell to or otherwise dispose of to that person a second-hand motor vehicle without the consent in writing of that person’s parent or guardian.
(2) 	A licensed wholesaler shall not, in respect of a person who is apparently under the age of 18 years, purchase or otherwise acquire from that person a second-hand motor vehicle without the consent in writing of that person’s parent or guardian.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
20 	Dealer to attach notice to second-hand vehicle
(1) 	Subject to this section, a dealer shall not offer or display for sale a second-hand motor vehicle or give possession of such a vehicle to a purchaser unless there is attached to that vehicle a notice that—
	(a)	contains the required particulars; and
	(b)	complies with the requirements of subsection (3).
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(2) 	The required particulars for the purposes of subsection (1) are—
	(a)	the name and business address of the dealer;
	(b)	except in the case of a sale by auction or by tender—the cash price of the vehicle;
	(c)	where the vehicle was purchased or otherwise acquired by the dealer from a financier who had repossessed the motor vehicle under a hire-purchase agreement—the name of the financier;
	(d)	where the vehicle is equipped with an odometer—the distance travelled by the vehicle as recorded by the odometer and entered in the dealings register;
	(e)	whether the distance recorded by the vehicle’s odometer has been altered by the dealer or on his or her behalf and, if so, the distance to which it was altered;
	(f)	whether the dealer has replaced the odometer on the vehicle or it has been replaced on his or her behalf;
	(g)	whether, to the knowledge of the dealer, the distance recorded by the vehicle’s odometer was altered or the vehicle’s odometer replaced at any time before the vehicle came into the dealer’s possession;
	(h)	where the vehicle was manufactured on or after 1 January 1971—the year of manufacture and the model designation of the vehicle;
	(i)	where the vehicle was manufactured before 1971—the year of manufacture and the model designation of that vehicle or, if this information is unknown to the dealer, a statement that the information is unknown;
	(j)	the registration number (if any), engine number and body number of the motor vehicle;
	(k)	in the case of a sale by tender—a statement that the vehicle is to be sold by tender and the time when tenders are to close; and
	(l)	such other particulars as are prescribed.
(3) 	A notice attached to a motor vehicle in pursuance of subsection (1)—
	(a)	shall consist of legible writing on white material or on material of such colour as is approved by the registrar;
	(b)	shall be written in letters and figures at least 2 millimetres in height; and
	(c)	shall be attached to the vehicle in such a place as to be clearly visible and readily legible from outside the vehicle.
(4) 	A dealer shall not represent to the purchaser or to a prospective purchaser of a second-hand motor vehicle that he or she offers or displays for sale that the motor vehicle is a demonstrator vehicle unless the notice attached to the vehicle in accordance with subsection (1) contains, in addition to the required particulars, a statement that the vehicle is a demonstrator vehicle.
Penalty:
	(a)	if the offender is a natural person—30 penalty units;
	(b)	if the offender is a body corporate—150 penalty units.
(5) 	A dealer shall not include in a notice attached to a motor vehicle in pursuance of subsection (1) any false or misleading information in respect of the motor vehicle.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(6) 	A dealer who offers or displays for sale a second-hand motor vehicle shall, if requested by a person who is a prospective purchaser of the vehicle to furnish him or her with information relating to the past or present ownership of the vehicle, inform that person of—
	(a)	except where paragraph (b) applies—the name of the most recent owner of the vehicle who was not a trade owner; or
	(b)	where the dealer is acting in accordance with a written authority given to him or her under section 31—the name of the person who gave him or her that authority.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(7) 	This section does not apply where a dealer offers or displays a vehicle for sale only to a trade owner or gives possession of a vehicle to a purchaser who is a trade owner.
21 	Action by dealer on sale of second-hand motor vehicle
(1) 	Where a dealer sells a second-hand motor vehicle to which a notice has been attached in accordance with subsection 20 (1) to a purchaser who is not a trade owner, the dealer shall—
	(a)	endorse on 2 copies of the notice—
	(i)	the date of the sale;
	(ii)	the date of delivery of the vehicle to the purchaser;
	(iii)	the cash price for which the vehicle was sold;
	(iv)	in the case of a second-hand motor vehicle that is not a demonstrator motorcycle—a statement that the dealer is not obliged by this Act to repair defects in the vehicle; and
	(v)	the name and address of the purchaser;
	(b)	sign those copies;
	(c)	retain 1 copy of the notice for a period of 3 years from the date of the sale; and
	(d)	within 14 days of the date of the delivery of the vehicle or of the sale, whichever is the later, furnish the purchaser with the other copy of the notice.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(2) 	For the purposes of subsection (1)—
	(b)	a dealer may furnish a copy of a notice to a purchaser by posting it by certified mail to the purchaser at the address furnished by the purchaser and endorsed on the notice; and
	(c)	where the motor vehicle has been sold to the purchaser by an employee or agent of the dealer, compliance by the employee or agent with a requirement of that subsection shall be deemed to be compliance by the dealer with that requirement.
22 	Sale of vehicle where odometer replaced or distance altered
	A dealer shall not, without the consent in writing of the registrar, offer or display for sale a motor vehicle where—
	(a)	he or she has replaced, or caused to be replaced, the vehicle’s odometer; or
	(b)	he or she has altered, or caused to be altered, the distance recorded by the vehicle’s odometer.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
23 	Obligations of dealer to repair defects in motor vehicles
(1) 	Except as provided in this section and sections 24 and 25, where a motor vehicle described in column 2 of Schedule 1 is sold by a dealer and before—
	(a)	the vehicle has been driven for the number of kilometres after being manufactured or sold, as the case may be, specified opposite the description of the vehicle in column 3 of Schedule 1; or
	(b)	the expiration of the period, specified opposite the description of the vehicle in column 4 of Schedule 1, after the vehicle is so sold;
whichever first occurs, a defect appears or occurs in the vehicle, the dealer shall, whether or not the defect existed at the time of the sale, at the dealer’s own expense, repair or make good, or cause to be repaired or made good the defect so as to place the vehicle in a reasonable condition having regard to its age.
(2) 	The dealer’s obligation under subsection (1) shall be taken to be a term of the contract of sale relating to the vehicle.
(3) 	For the purposes of subsection (1), a defect which occurs in a vehicle includes a defect—
	(a)	which existed in the vehicle at any time before the occurrence of an event referred to in paragraph (1) (a) or (b); and
	(b)	which first became apparent after the event occurred;
but only if the defect is reported to the dealer within a reasonable period after it becomes apparent.
(4) 	For the purposes of calculating the period referred to in paragraph (1) (b), no regard shall be paid to any period during which the dealer has the motor vehicle in his or her possession for the purpose or purported purpose of ascertaining or carrying out his or her obligations under subsection (1).
(5) 	The obligation of a dealer under subsection (1) in relation to a new motor vehicle sold by the dealer is extinguished if, subsequent to that sale, the dealer or another dealer acquires ownership of the vehicle, or the vehicle is repossessed by a financier.
(6) 	Subject to subsection (5), the obligation of a dealer under subsection (1) in relation to a new motor vehicle sold by the dealer subsists for the benefit of the owner, from time to time, of the vehicle and, for this purpose, the owner from time to time shall be taken to have entered into a contract of sale with the dealer in respect of the vehicle.
(7) 	The obligation of a dealer under subsection (1) in relation to a second-hand motor vehicle sold by the dealer is an obligation only to the person who purchased the vehicle from the dealer.
(8) 	The fact that a dealer’s licence has been revoked, or that a dealer is not the holder of a dealer’s licence or has ceased to be a dealer, does not affect the dealer’s obligation under subsection (1).
(9) 	Where the holder of a dealer’s licence sells a motor vehicle on behalf of another dealer, this section does not apply to the other dealer.
24 	Excluded defects
(1) 	In this section—
“attach” includes cause to be attached;
“defect notice” means a notice in accordance with form 1 in Schedule 2, being a notice that complies with the requirements of subsection (6).
(2) 	Where a dealer offers or displays for sale a second-hand motor vehicle, the dealer may attach to the vehicle a defect notice.
(3) 	If—
	(a)	a defect notice has been attached to a second-hand motor vehicle at all material times when the vehicle is offered or displayed for sale by the dealer; and
	(b)	at or before the time of sale of the vehicle, the notice, or a copy of the notice, has been signed by the dealer and the purchaser and has been delivered to the purchaser for retention by the purchaser;
subsection 23 (1) does not apply in relation to the defects set out in the notice.
(4) 	If, at or before the time of sale of a demonstrator motor vehicle, a defect notice has been signed by the dealer and the purchaser and has been delivered to the purchaser for retention by the purchaser, subsection 23 (1) does not apply in relation to any defect specified in the notice.
(5) 	Where the reasonable cost of repairing a defect specified in a defect notice is greater than the amount specified in that notice, the purchaser may recover the difference between those amounts from the licensed dealer.
(6) 	A defect notice—
	(a)	shall consist of legible writing on white material or on material of such colour as is approved by the registrar;
	(b)	shall be written in letters and figures at least 2 millimetres in height; and
	(c)	shall be attached to the vehicle in such a place as to be clearly visible and readily legible from outside the vehicle.
25 	Exceptions
(1) 	In this section—
“relevant sale” means a sale referred to in subsection 23 (1).
(2) 	Subsection 23 (1) does not apply in relation to a defect—
	(a)	occurring in—
	(i)	a tyre or battery; or
	(ii)	an accessory fitted to a motor vehicle;
	(b)	arising from or incidental to any accidental damage to a motor vehicle that occurred after the relevant sale when the vehicle was not in the possession of the dealer;
	(c)	arising from misuse or negligence on the part of a driver of a motor vehicle, or arising from the use of a motor vehicle for motor racing or motor rallying, that occurred after the relevant sale of the vehicle; or
	(d)	appearing or occurring in an accessory that was not fitted to or supplied with a motor vehicle at the time of the relevant sale of the vehicle.
(3) 	In the case of a second-hand motor vehicle, subsection 23 (1) does not apply in relation to any superficial damage to the paintwork or upholstery of the vehicle which would have been apparent on a reasonable inspection of the vehicle carried out at the time of the relevant sale of the vehicle.
(4) 	Subsection 23 (1) does not apply in relation to the sale of—
	(a)	a second-hand motor vehicle where the purchaser has been in possession of the vehicle for a period of not less than 3 months immediately preceding the day of the relevant sale;
	(b)	a commercial vehicle; or
	(c)	a substantially demolished or substantially dismantled motor vehicle.
(5) 	Where the proposed purchaser (in this subsection called “the buyer”) of a new motor vehicle is in possession of the vehicle for a period immediately preceding the day on which the buyer purchases the vehicle from a dealer then, for the purposes of subsection 23 (1), the buyer shall be taken to have purchased the vehicle on the day when the buyer first acquired that possession.
(6) 	Subsection 23 (1) does not apply in relation to a motor vehicle where—
	(a)	the motor vehicle or a class of motor vehicles which include the motor vehicle has been declared by the Minister, by notice published in the Gazette, to be a motor vehicle or a class of motor vehicles in relation to which subsection 23 (1) does not apply; and
	(b)	a copy of the notice is attached to the vehicle at all material times when the vehicle is offered or displayed for sale by the dealer.
(7) 	Where, by reason of a declaration by the Minister under subsection (6), a dealer would not be liable under subsection 23 (1) in respect of a defect in a motor vehicle if the dealer were to sell that vehicle, a licensed dealer shall not offer or display that vehicle for sale unless a notice in accordance with form 2 in Schedule 2 that complies with the requirements of subsection (8) is attached to the motor vehicle.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(8) 	The notice shall contain letters at least 5 millimetres in height and shall in all other respects comply with the requirements of subsection 24 (6) as if it were a notice attached to a motor vehicle in accordance with subsection 24 (2).
(9) 	Where a licensed dealer sells a motor vehicle referred to in subsection (7), the dealer shall—
	(a)	sign 2 copies of the notice referred to in that subsection;
	(b)	retain 1 copy of the notice for a period of 3 years from the date of the sale; and
	(c)	furnish the purchaser with the other copy of the notice.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(10) 	For the purposes of subsection (9), where the motor vehicle has been sold to the purchaser by the employee or agent of the dealer, compliance by the employee or agent with a requirement of that subsection shall be taken to be compliance by the dealer with that requirement.
25A 	Obligations of dealer to repair defects in motorcycles
(1) 	Subject to this section, where—
	(a)	a dealer sells to a person a new motorcycle or a demonstrator motorcycle; and
	(b)	before—
	(i)	the motorcycle has been ridden for 10,000 kilometres after the sale; or
	(ii)	the expiration of the period of 6 months next following the date of the sale;
whichever is the earlier;
a defect in the motorcycle occurs or becomes apparent to the purchaser the dealer shall, at the dealer’s own expense, repair or make good, or cause to be repaired or made good, the defect so as to place the motorcycle in a reasonable condition having regard to its age.
(2) 	Subsection (1) applies to a defect whether or not that defect existed at the time of the sale.
(3) 	The dealer’s obligation under subsection (1) shall be taken to be a term of the contract of sale relating to the motorcycle.
(4) 	A dealer is not liable under this section in respect of a defect in a motorcycle where the defect—
	(a)	arises from, or is incidental to, accidental damage suffered by the motorcycle after the purchaser took delivery of the motorcycle from the dealer;
	(b)	arises from misuse of the motorcycle or negligence by a rider of the motorcycle, or from the use of the motorcycle for motorcycle racing or motorcycle rallying, after the purchaser took delivery of the motorcycle from the dealer;
	(c)	consists of damage to, or wear of, tyres or any accessory of the motorcycle; or
	(d)	consists of superficial damage to the paintwork or upholstery of the vehicle that would have been apparent on a reasonable inspection of the motorcycle carried out at the time of delivery of the motorcycle from the dealer or of the sale, whichever is the earlier.
(5) 	A dealer is not liable under this section in respect of a defect in a motorcycle sold by the dealer where the motorcycle is—
	(a)	a motorcycle that has been in the possession, or under the control, of the purchaser continuously for a period of not less than 3 months immediately preceding the date of the sale;
	(b)	a motorcycle that is sold by auction at a sale referred to in subsection 4 (2) of the Auctioneers Act 1959;
	(c)	a motorcycle or a motorcycle included in a class of motorcycles that has been declared by the Minister, by notice published in the Gazette, to be a motorcycle or a class of motorcycle in relation to which this section does not apply; or
	(d)	a motorcycle that is sold to a person who is a trade owner.
(6) 	This section does not apply to a sale to the Territory.
25B 	Cooling-off period
(1) 	A purchaser (not being a dealer or a corporation) under an agreement for the sale of a motor vehicle may, at any time before the expiration of 3 clear business days after the purchaser signs the agreement, terminate the agreement by giving to or serving on the dealer or an agent of the dealer notice in writing to the effect that the purchaser terminates the agreement.
(2) 	Subsection (1) ceases to apply if the purchaser immediately before accepting delivery signs an instrument in accordance with form 3 in Schedule 2 acknowledging that the right to terminate the agreement no longer applies.
(3) 	A dealer shall not sell, give in exchange or otherwise dispose of a motor vehicle given or agreed to be given by a purchaser under an agreement for the sale of another motor vehicle in satisfaction of part of the purchase price during the period during which the purchaser may terminate the agreement under this section.
(4) 	If an agreement for the sale of a motor vehicle has been terminated in accordance with this section—
	(a)	the vendor under the agreement—
	(i)	shall pay to the purchaser all money received by the vendor under the agreement less the sum of $100 or 1% of the purchase price under the agreement (whichever is the greater); and
	(ii)	shall return to the purchaser any motor vehicle given in satisfaction of any part of the purchase price;
	(b)	any collateral credit agreement is discharged to the extent that it was entered into for the purposes of the payment for the motor vehicle supplied or to be supplied under the agreement;
	(c)	any security interest in the motor vehicle arising under the collateral credit agreement is extinguished to the extent that it secures the payment of a debt or other pecuniary obligation or performance of any other obligation under the collateral credit agreement; and
	(d)	a purchaser who has accepted delivery of the motor vehicle before the agreement was terminated—
	(i)	is liable to the dealer for any damage (other than fair wear and tear) occurring to the motor vehicle while it was in the purchaser’s possession; and
	(ii)	subject to subsection (5), shall return the motor vehicle to the dealer.
(5) 	A purchaser is not liable under paragraph (4) (d) to return the motor vehicle to the dealer if, before the agreement was terminated, a defect appeared in the motor vehicle for reasons beyond the control of the purchaser making the motor vehicle—
	(a)	incapable of being driven; or
	(b)	unroadworthy;
but shall permit the dealer to collect, or arrange for the collection of, the motor vehicle.
(6) 	Section 125 of the Consumer Credit (Australian Capital Territory) Code does not apply to the termination of agreements under this section.
(7) 	This section does not apply to an agreement for the sale of a commercial vehicle or a motor vehicle purchased at a public auction.
26 	Sales between dealers and wholesalers
(1) 	In this section—
“trade vendor” means a licensed dealer or a licensed wholesaler.
(1A) 	Where a trade vendor (in this subsection called “the seller”) sells a second-hand motor vehicle to another trade vendor (in this subsection called “the buyer”), the seller shall, at the time of the sale or of giving possession of the vehicle to the buyer, whichever is the earlier, give the buyer or cause to be given to the buyer a notice containing the required particulars.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(2) 	A trade vendor who gives a notice in pursuance of subsection (1) shall make or cause to be made a copy of the notice which the trade vendor shall retain  for a period of not less that 3 years after the sale.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
 (3) 	The required particulars for the purposes of subsection (1) are—
	(a)	the name and business address of the vendor;
	(b)	the name and business address of the purchaser;
	(c)	the registration number (if any), engine number and body number of the motor vehicle;
	(d)	where the vehicle was manufactured on or after 1 January 1971—the year of manufacture and the model designation of the vehicle;
	(e)	where the vehicle was manufactured before 1971—the year of manufacture and the model designation of that vehicle or, if this information is unknown to the vendor, a statement that the information is unknown;
	(f)	the name and address of the most recent owner of the vehicle who was not a trade owner;
	(g)	where the motor vehicle is equipped with an odometer—the distance travelled by the vehicle as recorded by the odometer;
	(h)	whether the distance recorded by the vehicle’s odometer has been altered by the vendor or on his or her behalf and, if so, the distance to which it was altered;
	(i)	whether the vendor has replaced the odometer on the vehicle or it has been replaced on his or her behalf; and
	(j)	whether, to the knowledge of the vendor, the distance recorded by the vehicle’s odometer was altered or the vehicle’s odometer replaced at any time before the vehicle came into the vendor’s possession.
27 	Registrar may give opinion on disputes
(1) 	Subject to this section, where in respect of the sale of a motor vehicle by a licensed dealer after the commencement of the Sale of Motor Vehicles (Amendment) Act 1983—
	(a)	a dispute arises between the purchaser and the licensed dealer; and
	(b)	the purchaser or the licensed dealer requests the registrar to give his or her opinion in relation to the dispute;
the registrar shall—
	(c)	consider the request and any books, documents or writings submitted to the registrar, and any oral or written submissions made to the registrar, by the purchaser or the licensed dealer; and
	(d)	give his or her opinion in relation to the dispute.
(2) 	A request under subsection (1) shall be in writing signed by the person making the request and shall contain full details of the subject matter of the dispute in respect of which the opinion of the registrar is sought.
(3) 	For the purpose of giving an opinion under subsection (1), the registrar may consult with any person who, in the opinion of the registrar, has knowledge or skills that would be of assistance to the registrar.
(4) 	An opinion of the registrar under subsection (1) shall be in writing signed by the registrar and shall contain a statement of the registrar’s findings in relation to the dispute and the action that the registrar recommends should be taken to determine the dispute.
(5) 	Where the registrar gives an opinion under subsection (1), the registrar shall cause a copy of the opinion to be sent by post to each of the purchaser and the licensed dealer at his or her place of residence or business last known to the registrar.
(6) 	The registrar shall not give an opinion under subsection (1) in relation to a dispute if—
	(a)	proceedings in relation to that dispute are pending in a court; or
	(b)	the subject matter of the dispute has previously been determined by a court.
(7) 	An action or proceeding, civil or criminal, does not lie against the Registrar or the Deputy Registrar for or in respect of any act or thing done in good faith by the registrar or the deputy registrar in, or in connection with, the giving of an opinion under this section.
31 	Authority to dealer to sell as agent
(1) 	A dealer shall not—
	(a)	sell a second-hand motor vehicle or an interest in such a vehicle for or on behalf of a person who is not a trade owner; or
	(b)	offer or display for sale such a vehicle for or on behalf of such a person;
unless he or she is authorised in writing in that behalf in accordance with this section by the owner of the vehicle or interest.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(2) 	A written authority under this section shall be prepared in duplicate and shall—
	(a)	be signed by the owner and by or on behalf of the dealer;
	(b)	bear the date on which it is signed by the owner;
	(c)	contain a full statement of the terms of the authority to sell the motor vehicle or interest;
	(d)	sufficiently describe the vehicle; and
	(e)	contain a full statement of the commission or other remuneration to which the dealer is or is to be entitled.
(3) 	A dealer who is given a written authority under this section—
	(a)	shall return 1 copy to the owner; and
	(b)	shall retain 1 copy until the expiration of a period of 3 years after any sale is effected by him or her in reliance upon the written authority.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(4) 	A written authority under this section shall cease to have effect on the expiration of 90 days from the day on which it is signed by the owner.
(5) 	A dealer shall not be entitled to any commission or other remuneration in respect of a sale of a second-hand motor vehicle or an interest in such a motor vehicle effected by the dealer for or on behalf of another person unless—
	(a)	the sale is effected in accordance with a written authority complying with this section; and
	(b)	the dealer, in respect of that sale has complied with paragraph (3) (a).

Part 4—Sale of second-hand motor vehicles generally
32 	Offences by vendors
(1) 	A person (in this section called “the vendor”) shall not, in respect of a second-hand motor vehicle that the vendor offers or displays for sale—
	(a)	make any statement to a purchaser or prospective purchaser of the vehicle that the vendor knows, or ought reasonably to know, is false; or
	(b)	where the vendor is not a dealer and an odometer is fitted to the vehicle—alter the distance recorded on the odometer or replace the odometer without disclosing the alteration or replacement to a purchaser or prospective purchaser of the vehicle.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
 (2) 	For the purposes of paragraph (1) (a) a statement made by an agent or employee of a dealer in his or her business of a dealer shall be deemed to be the statement of the dealer.

Part 4A—registration of interests in motor vehicles
32A	Definitions for pt 4A
creditor, in relation to a registrable interest in a motor vehicle, means the person in whom the registrable interest is vested.
debtor, in relation to a registrable interest in a motor vehicle, means—
	(a)	if the registrable interest is a security interest in the vehicle—the person whose performance of an obligation is secured by the security interest; or
	(b)	if the registrable interest is the interest in the vehicle of a lessor—the lessee of the vehicle; or
	(c)	if the registrable interest is the interest in the vehicle of the owner under a hire-purchase agreement to which the vehicle is subject—the hirer of the goods; or
	(d)	if the registrable interest is any other interest in the vehicle prescribed under the regulations under the NSW Act—the person prescribed under those regulations as the debtor.
director-general means the Director-General under the NSW Act.
hire-purchase agreement, in relation to a motor vehicle, means—
	(a)	a letting of the vehicle with an option to purchase the vehicle; or
	(b)	an agreement for the purchase of the vehicle by instalments (whether described as rent or hire or otherwise), other than an agreement under which the property in the vehicle passes at the time of the agreement or on, or at any time before, delivery of the vehicle.
hirer, in relation to a hire-purchase agreement for a motor vehicle, means the person to whom the vehicle is let, hired or agreed to be sold under the hire-purchase agreement.
lease, of a motor vehicle, means a contract for hiring the vehicle that is not a hire-purchase agreement.
non-dealer means a person who is not a dealer.
notice—a person has notice of a registrable interest in a motor vehicle if the person has—
	(a)	knowledge of a registrable interest in the vehicle; or
	(b)	knowledge that an inquiry might reasonably be expected to reveal a registrable interest in the vehicle, even though the person has deliberately not made the inquiry.
owner, in relation to a hire-purchase agreement for a motor vehicle, means the person by whom the vehicle is let, hired or agreed to be sold under the hire-purchase agreement.
participating State—see the NSW Act, subsection 3 (1).
payment, of a purchase price, means—
	(a)	if the purchase is not by an exchange—giving valuable consideration for the purchase price; or
	(b)	if all of the purchase price is not paid at the same time—the first payment of part of the purchase price; or
	(c)	if the purchase is by an exchange—making the exchange.
purchase, of a motor vehicle, means acquiring the vehicle from a person selling or exchanging the vehicle who has, or appears to have, authority to dispose of the vehicle in that way.
register of interests means the Register of Interests in Goods under section 4 of the NSW Act.
registered means recorded in the register of interests otherwise than under subsection 5 (3) of the NSW Act.
Note  Subsection 5 (3) deals with the recording of information on the director-general’s own initiative, including information received from the police about stolen motor vehicles.
registrable interest, in a motor vehicle, means any of the following interests in the vehicle, whether arising under the law of the ACT, New South Wales or another participating State:
	(a)	the interest of a person who is owed an obligation the performance of which is secured by a security interest to which the vehicle is subject;
	(b)	the interest of a lessor of the vehicle;
	(c)	the interest of the owner under a hire-purchase agreement for the vehicle;
	(d)	any other interest prescribed under regulations under the NSW Act.
security interest, in relation to a motor vehicle, means an interest or power—
	(a)	reserved in or over an interest in the vehicle; or
	(b)	created or otherwise arising in or over an interest in the vehicle under a bill of sale, mortgage, charge, trust or power;
by way of security for the payment of a debt or other financial obligation or the performance of any other obligation, but does not include an interest or power reserved or created, or otherwise arising, under a lease, hire-purchase agreement or agreement excluded from the definition of security interest in subsection 3 (1) of the NSW Act by regulations under the NSW Act.
the NSW Act means the Registration of Interests in Goods Act 1986 (NSW).
32B	Expressions in pt 4A have same meanings as in NSW Act
	An expression used in this Part and in the NSW Act has the same meaning in this Part as it has in the NSW Act.
32C	Registration of interests
	A person may apply for registration under the NSW Act of a registrable interest that arises under a Territory law.
32D	Search certificates and notice
(1)	For this Act and any other Territory law, a person who obtains a certificate under section 8 of the NSW Act for a motor vehicle—
	(a)	is taken to have made, on the date of the certificate, a proper search of the register of interests, for registrable interests in the vehicle, if the result of the search is correctly reflected in the certificate; and
	(b)	is not affected by notice of information (other than the information in the certificate) about a registrable interest in the vehicle only because the person fails to do a further search in the register of interests before the end of the day after the day the certificate is issued.
(2)	For this Act or any other Territory law, a person is not taken to be affected by notice of a registrable interest in a motor vehicle only because the person or anyone else fails—
	(a)	to search a register or record kept under any law in force in the Territory (other than a search under the NSW Act); or
	(b)	to make any other search, inquiry or inspection.
(3)	For subsection (2), it does not matter that the person ought reasonably to have made the search, inquiry or inspection.
(4)	In a proceeding—
	(a)	a certificate that appears to be issued under subsection 8 (1) or (5) of the NSW Act is evidence of the matters stated in the certificate; and
	(b)	a document that appears to be a certificate issued under subsection 8 (1) or (5) of the NSW Act is taken to be a certificate, unless the contrary is proved.
(5)	An action does not lie against the Territory, New South Wales, the director-general or a person engaged in the administration of this Act or the NSW Act, for the reliability of any information given by the director-general or an administrator in relation to a matter that may be recorded under subsection 5 (3) of the NSW Act.
32E	Purchasing motor vehicle with registrable interest
(1)	This section applies to the purchase of a motor vehicle that is subject to a registrable interest.
(2)	The purchaser acquires the vehicle free of the registrable interest if—
	(a)	the motor vehicle is purchased from a dealer by a non-dealer honestly and for value, whether or not the purchaser made—
	(i)	a search of the register of interests for registrable interests in the vehicle; or
	(ii)	any other search or any inquiry or inspection; or
	(b)	the motor vehicle is purchased from the debtor under the registrable interest—
	(i)	honestly and for value; and
	(ii)	without notice of the interest at the time of the payment of the purchase price; and
	(iii)	if the interest is registered—the purchaser made a proper search of the register of interests for registrable interests in the vehicle.
(3)	However, the purchaser does not acquire the vehicle free of the registrable interest if—
	(a)	the purchaser lets, hires or supplies the goods to a person under a lease, hire-purchase agreement or other contract for the supply of the motor vehicle or purchased the vehicle with the intention of entering into a lease, hire-purchase agreement or other contract; and
	(b)	the lessee, hirer or purchaser of the vehicle under the lease, hire-purchase agreement or other contract has failed to act honestly and had notice at the time of payment of the purchase price of the registrable interest to which the vehicle is subject.
(4)	In a proceeding it is presumed, unless the contrary is proved, that subsection (2) does not apply to the purchase if—
	(a)	the purchaser and the seller are corporations that are related to each other under the Corporations Law; or
	(b)	either the purchaser or the seller is a corporation and the other is an individual who is a director or officer of the corporation within the meaning of the Corporations Law; or
	(c)	the purchaser is a member of the same household as the seller.
(5)	In this section, a reference to the motor vehicle being purchased from the debtor under the registrable interest includes a reference to the motor vehicle being purchased from someone else who is in possession of the vehicle in circumstances where the debtor’s right to possession of the vehicle has been lost or the debtor is estopped from asserting that right against the purchaser.
32F	Liability of dealer to creditor if registrable interest defeated
(1)	This section applies if—
	(a)	a motor vehicle is purchased from a dealer by a non-dealer; and
	(b)	at any time before payment of the purchase price, the dealer had notice that the vehicle was subject to a registrable interest; and
	(c)	immediately before payment of the purchase price, the registrable interest had not been discharged or cancelled.
(2)	The dealer is liable to the creditor who had the registrable interest for any loss of the creditor because of the operation of section 32E (Purchasing motor vehicle with registrable interest) in relation to the registrable interest.
(3)	However, the dealer is not liable to the creditor if the dealer purchased the motor vehicle free from the registrable interest of the creditor because of section 32E.
32G	Effect of part payment at time of acquisition
	If, under section 32E (Purchasing motor vehicle with registrable interest) the purchaser of a motor vehicle acquires the vehicle free from a registrable interest but, at the time of the acquisition, only part of the purchase price is paid to the seller—
	(a)	the creditor who had the registrable interest is, to the extent of the amount that is owed by the debtor to the creditor under the interest, subrogated to the rights that, apart from the subrogation, the seller would have in relation to payment by the purchaser of the balance of the purchase price; and
	(b)	the purchaser obtains a good discharge—
	(i)	as against the debtor—for any payment of part of the purchase price made under paragraph (a) to the creditor; and
	(ii)	as against the debtor and the creditor—for any payment of part of the purchase price made before the purchaser has written notice of the rights of the creditor under that paragraph.
32H	Revival of registrable interest on rescission of contract
	A registrable interest in a motor vehicle revives, and has effect as if a purchase of the vehicle had not happened, if—
	(a)	under section 32E (Purchasing motor vehicle with registrable interest), the purchase of the vehicle results in the vehicle being freed from a registrable interest; and
	(b)	the contract of purchase is later rescinded.
32I	Contracting out of operation of pt 4A etc
(1)	A provision of an agreement or contract that purports to exclude, limit or modify the operation of this Part, the regulations, the NSW Act or regulations under the NSW Act has no effect.
(2)	A person must not enter into an agreement with a purchaser that includes a provision of a kind mentioned in subsection (1).
Maximum penalty:  50 penalty units.

Part 5—Trust accounts
33 	Payment of moneys into trust account
(1) 	Where a licensed dealer sells a motor vehicle or an interest in a motor vehicle for or on behalf of a person, all moneys received by the dealer in respect of that sale shall, for all purposes, be deemed to be held in trust for that person and shall be dealt with by the dealer in accordance with this section.
(2) 	A licensed dealer shall, before the close of business on the next day on which banks are open for business after the day on which any such moneys are received, pay those moneys into a trust account maintained in accordance with subsection (3) at a bank, credit union or building society in the Territory.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(3) 	The trust account referred to in subsection (2) shall be maintained by the licensed dealer.
(4) 	The trust account referred to in subsection (2) shall bear a title that includes—
	(a)	the name of the dealer or, if the dealer carries on business under a registered business name, that name; and
	(b)	the words ‘Trust Account’.
34 	Procedure where part of consideration is not money
	Where a licensed dealer acquires a motor vehicle or other goods as part of the consideration for the sale of a motor vehicle or an interest in a motor vehicle for or on behalf of a person, the dealer shall pay an amount equal to the amount allowed in respect of the motor vehicle or other goods into the trust account referred to in section 33 as if that amount had been received by the dealer in respect of that sale.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
35 	Procedure where part of consideration is not money
(1) 	A licensed dealer shall not apply moneys paid into a trust account in accordance with this Part except in payment to the person for whom or on whose behalf they were received or as directed by that person.
(2) 	A licensed dealer shall not pay moneys out of a trust account except by means of a cheque made payable to a specified person, being a cheque that is crossed and marked ‘not negotiable’.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
36 	Protection of trust moneys
(1) 	Subject to this section, moneys standing to the credit of a trust account maintained in accordance with this Part are not available for the payment of debts of the dealer, and subject to subsection (2), are not liable to be attached or taken in execution for the purposes of satisfying a judgment against the dealer.
(2) 	Nothing in subsection (1) prevents trust moneys to the extent that the licensed dealer holds those trust moneys in trust for the person for whom or on whose behalf the moneys were received from being available for the discharge of the liability of the licensed dealer to that person.
37 	Provisions applicable to banks
(1) 	A bank, credit union or building society at which a trust account is maintained is not under any obligation to control or supervise transactions in relation to the trust account or to see to the application of money paid out of the account.
(2) 	A bank, credit union or building society at which a dealer maintains a trust account in accordance with this Part does not have, in respect of any liability of the dealer to the bank, credit union or building society, any recourse or right, whether by way of set-off, counterclaim, charge or otherwise, against money standing to the credit of the account.
(3) 	Nothing in this section relieves a bank, credit union or building society from any liability to which it is subject apart from this Act.
38 	Accounting records
(1) 	A licensed dealer shall keep such accounting and other records as disclose particulars of all trust moneys received or paid by the dealer.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty unit.
(2) 	A licensed dealer shall—
	(a)	keep those records—
	(i)	at the place at which the dealer carries on business in the Territory;
	(ii)	if the dealer carries on business at more than 1 place of business in the Territory, at the dealer’s principal place of business in the Territory; or
	(iii)	with the approval of the registrar, at another place in the Territory;
	(b)	cause those records to be kept in such a manner that they can be conveniently and properly audited; and
	(c)	preserve those records for a period of 7 years.
Penalty:
	(a)	if the offender is a natural person—20 penalty units;
	(b)	if the offender is a body corporate—100 penalty units.
(3) 	It is sufficient compliance with subsection (1) if a licensed dealer, within 7 days after the day on which any trust moneys are received or paid, enters in the records referred to in that subsection the particulars of those moneys.
39 	Receipts for trust moneys
(1) 	A licensed dealer shall give to a person from whom the dealer receives trust money a receipt for the money specifying briefly the subject matter or purpose in respect of which the money was received.
(2) 	A licensed dealer shall keep a legible carbon duplicate of a receipt given in accordance with subsection (1).
(3) 	A receipt relating to trust money shall be taken from a bound book bearing a number or mark identifying the book and containing not less than 50 receipt forms arranged so that a carbon duplicate of each receipt remains in the book.
(4) 	A receipt and the carbon duplicate shall—
	(a)	have the words ‘Trust Account’ printed or stamped thereon; and
	(b)	bear such a number or mark as will enable the receipt to be identified by reference to that number or mark and so that the receipt and carbon duplicate bear the same number or mark.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
40 	Audit of trust accounts
	Within 3 months after the end of each financial year or at any other time that the registrar may require, a licensed dealer shall cause to be audited his or her accounting and other records relating to trust moneys received and paid by the dealer during that financial year. 
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
41 	Auditor’s report
(1) 	As soon as is reasonably practicable after the completion of an audit, the auditor shall prepare a report of the result of the audit and shall deliver the report to the licensed dealer and a copy of the report to the registrar.
(3) 	An auditor’s report shall include a statement indicating whether in the auditor’s opinion—
	(a)	the licensed dealer has kept, in accordance with this Act, accounting and other records relating to trust moneys; and
	(b)	there has been any loss or deficiency of trust moneys or any failure to pay or account for trust moneys.
42 	Qualification of auditors
	A licensed dealer shall not engage a person as auditor or permit his or her accounting and other records relating to trust moneys to be audited by a person—
	(a)	who is not a registered company auditor within the meaning of the Corporations Law;
	(b)	who is an employee of, or is the spouse of, the licensed dealer;
	(c)	who is an employee of any other licensed dealer;
	(d)	who is engaged in keeping and entering those records or has those records in his or her custody or control;
	(e)	who is also a licensed dealer; or
	(f)	who is an officer or employee of a corporation that is a licensed dealer.
43 	Withdrawals—deficiency suspected
(1) 	Where it appears to the registrar that there may be a deficiency in the trust account of a licensed dealer or dealers, the registrar may, by notice in writing to the manager or other principal officer of the bank, credit union or building society at which the trust account is maintained, direct the manager or other principal officer not to pay any moneys out of the trust account without the registrar’s authority.
(2) 	The manager or other principal officer shall comply with a direction given in pursuance of subsection (1).
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.

Part 6—Revocation of licences
45 	Revocation of licences
	Subject to section 47, the registrar may revoke a licence where—
	(a)	the licence was obtained by means of misrepresentation;
	(b)	the dealer is convicted in Australia of an offence punishable by imprisonment for 1 year or longer;
	(c)	the licensee is convicted of an offence against this Act;
	(d)	in the case of a licensed dealer or a licensed wholesaler—the material and financial resources of the licensee are such that, having regard to the scope of the licensee’s business operations and the liabilities the licensee may incur in the course of carrying on business, it would not be in the public interest for the licensee to continue to carry on business;
	(e)	the licensee has failed to comply with subsection 45A (1) or 46 (1); or
	(f)	in a case in which a corporation is a licensee—a person who becomes, or intends to become, a director of the corporation is not a person of good fame and character.
45A 	Intended change of directors—notification and objection
(1) 	In this section—
“corporation” means a corporation that holds a licence.
(2) 	Where a person (in this section called “the prospective director”) intends becoming a director of a corporation, the prospective director shall, by notice published in a daily newspaper circulating in the Territory, notify that intention.
 (3) 	A notice referred to in subsection (2) shall also—
	(a)	include the full name and present residential address of the prospective director;
	(b)	include the name of the corporation; and
	(c)	indicate that any person who would object to the continuation of the corporation’s licence in the event that the prospective director became a director should notify the registrar in writing within 14 days at the address of the registrar specified in the notice.
(4) 	The prospective director shall, as soon as practicable after submitting the notice for publication, forward a copy of the notice to the chief police officer.
(5) 	Where the registrar—
	(a)	receives an objection to the continuation of the corporation’s licence in the event that the prospective director became a director; and
	(b)	is satisfied that the objection is not frivolous or vexatious;
the registrar shall hold an inquiry to determine whether the prospective director is or is not a person of good fame and character.
46 	Change of directors—objection by chief police officer
(1) 	Where a person becomes a director of a corporation that holds a licence, the corporation shall, within 21 days after the date on which the person becomes a director of the corporation, give to the registrar a notice that complies with the requirements of subsection (2).
(2) 	A notice complies with the requirements of this subsection if—
	(a)	it specifies the full name, the date of birth and present residential address of the person appointed as a director and any other address at which that person has resided during the 3 years immediately preceding the date of the notice;
	(b)	it is accompanied by certificates by two persons certifying with respect to the fame and character of that person; and
	(c)	where that person, either in the Territory or elsewhere, has previously carried on the business of a dealer or has been employed by a dealer, it contains particulars of the business so carried on or of that employment, as the case may be.
(3) 	Where the registrar receives a notice that complies with the requirements of subsection (2), he or she shall forward a copy of the notice to the chief police officer.
(4) 	The chief police officer may, within 21 days after a notice is given to the registrar under this section, object by notice in writing lodged with the registrar to the continuation in force of the licence issued to the corporation on the ground that the person who has become a director of the corporation is not a person of good fame and character.
47 	Inquiry by registrar
(1) 	Subject to subsection (1A), the registrar shall not revoke a licence unless the registrar has first held an inquiry.
(1A) 	Where—
	(a)	the registrar holds an inquiry for the purposes of subsection 45A (5) and is satisfied in relation to a corporation that holds a licence that a person intending to become a director of the corporation is not a person of good fame and character; and
	(b)	has reason to believe that the person has since become a director of the corporation;
the registrar shall forthwith and without further inquiry revoke the licence of the corporation.
(2) 	The registrar shall not revoke a licence if he or she is satisfied that, although a ground specified in section 45 has been established, it would be unreasonable in all of the circumstances of the case to revoke the licence.
48 	Action by registrar following revocation of licence
(1) 	Where the registrar revokes a licence in pursuance of this Part, he or she shall notify the dealer in writing of the revocation.
(2) 	The registrar may, in revoking a licence, specify a period that shall elapse before the dealer to whom the licence was granted may apply again for the grant of a licence and, in that event, that dealer is not eligible to apply again for the grant of a licence until the expiration of that period.

Part 7—Inquiries by the Registrar
49 	Inquiries
(1) 	Where the registrar is required to hold an inquiry in pursuance of this Act, the registrar shall fix a time and place for the commencement of the inquiry.
(2) 	The registrar shall cause notice of the matter to be inquired into and of the time and place fixed for the inquiry to be given—
	(a)	in the case of an inquiry in relation to the grant of a licence—to the applicant;
	(b)	in the case of an inquiry into a dispute between a purchaser and a licensee —to the purchaser and the licensee; and
	(c)	in any other case—to the licensee concerned in the matter of the inquiry.
(3) 	The registrar may adjourn an inquiry from time to time.
(4) 	An inquiry shall not be open to the public.
(5) 	At an inquiry, the registrar may take evidence on oath or affirmation, and for that purpose may administer an oath or affirmation.
(6) 	The procedure at an inquiry is within the discretion of the registrar.
(7) 	At an inquiry, a person to whom notice has been given in accordance with subsection (2) may be represented by a legal practitioner who may examine witnesses and address the registrar on behalf of the person for whom he or she appears. 
(8) 	The Minister may appoint a legal practitioner to assist the registrar at an inquiry, other than an inquiry held under section 27, and a legal practitioner so appointed may examine witnesses and address the registrar. 
(9) 	In conducting the inquiry, the registrar is not bound by rules of evidence but may inform himself or herself in such manner as the registrar thinks fit.
50 	Power to summon witnesses
(1) 	The registrar may, by writing signed by the registrar, summon a person to attend an inquiry at a time and place specified in the summons and then and there to give evidence and produce such books, documents or writings in the custody or control of the person as he or she is required by the summons to produce.
(2) 	A summons under this section may be served—
	(a)	personally;
	(b)	by sending it by post to the person at his or her place of abode or business last-known to the registrar; or
	(c)	by leaving it at that place of abode or business with some person apparently living or employed at that place and apparently not less than 16 years of age.
51 	Failure to attend or to produce documents
(1) 	A person served with a summons to attend an inquiry before the registrar shall not refuse or fail, without reasonable excuse, to attend at the inquiry before the registrar or to produce the books, documents or writings in the custody or control of the person that he or she is required by the summons to produce.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	It is a defence to a prosecution for refusing or failing, without reasonable excuse, to produce a book, document or writing if the defendant proves that the book, document or writing was not relevant to the matter the subject of the inquiry before the registrar.
52 	Refusal to be sworn or give evidence
(1) 	A person appearing as a witness at an inquiry before the registrar shall not refuse to be sworn or to make an affirmation or, except as provided by section 57 of the Evidence Act 1971, to answer a question relevant to the proceedings put to the person by the registrar.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	A statement or disclosure made before the registrar by a witness is not, except in proceedings for giving false testimony at an inquiry before the registrar, admissible in evidence against the witness in civil or criminal proceedings in a court.
53 	Protection of representatives, witnesses etc
(1) 	A legal practitioner appearing before the registrar has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court. 
(2) 	A witness summoned to attend or appearing before the registrar has the same protection as a witness in proceedings in the Supreme Court.
54 	Protection of registrar and deputy registrar
	An action or proceeding, civil or criminal, does not lie against the Registrar or the Deputy Registrar of Motor Vehicle Dealers for or in respect of an act or thing done in good faith by the registrar or the deputy registrar in, or in connection with, an inquiry.
55 	Fees and expenses to witnesses
(1) 	A person who attends for the purpose of giving evidence before the registrar is entitled to receive such fees and travelling expenses in accordance with the AAT determination, as the registrar determines.
(2) 	Subject to this section, fees and travelling expenses payable to a person in accordance with subsection (1) are payable—
	(a)	if the person attended before the registrar, whether on summons or not, by reason of a request by a person other than the registrar—by that person; or
	(b)	in any other case—by the Territory.
(3) 	Where, in a case to which paragraph (2) (a) applies, it was, in the opinion of the registrar, reasonable for the request by reason of which the person attended before the registrar to have been made, the registrar may order that the fees and expenses of the person shall be paid, in whole or in part, by the Territory.
(4) 	Where the registrar makes an order under subsection (3) for the payment of fees and expenses, the fees and expenses are payable by the Territory.
(5) 	In subsection (1)—
“AAT determination” means the determination, of fees and expenses payable to witnesses appearing before the Administrative Appeals Tribunal, in force from time to time for the purposes of subsection 59 (1) of the Administrative Appeals Tribunal Act 1989.
56 	Registrar may inspect books etc
	The registrar may inspect books, documents, or writings produced at an inquiry held by the registrar and may retain them for such reasonable period as the registrar thinks fit and may make copies of such portions of them as are relevant to a matter before the registrar.

Part 8—Review by the Administrative Appeals Tribunal
57 	Review by Administrative Appeals Tribunal
(1)	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the registrar—
	(a)	under subsection 6A (2) to refuse an application for an exemption;
	(b)	under subsection 13 (1) to refuse an application for the grant of a licence;
	(c)	under subsection 14 (1A) specifying the address of premises;
	(d)	under subsection 14C (1) to refuse an application for the renewal of a licence;
	(e)	under subsection 14D (1) to impose a condition on the grant of a renewal of a licence;
	(f)	under subsection 14D (2) to renew a licence for a shorter period than specified in that subsection or than specified in the application in accordance with that subsection;
	(g)	under section 14E to refuse an application for the variation of a licence;
	(h)	under subsection 15 (4) to refuse to approve a computer system;
	(j)	under section 45 to revoke a licence granted to a licensee;
	(k)	under subsection 47 (1A) that a person intending to become a director of a corporation is not a person of good fame and character;
	(m)	under subsection 48 (2) to specify a period for the purposes of that subsection;
	(n)	under subsection 71 (2) failing to consider the circumstances set out in that subsection;
	(p)	under subsection 89A (3) to refuse an application for the grant of an authorisation; or
	(q)	under subsection 89A (5) to grant an authorisation for a shorter period than specified in that subsection or than specified in the application in accordance with that subsection.
(2) 	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the relevant chief executive under paragraph 10 (1) (g), 11 (1) (h) or 14B (e) to refuse to issue a certificate.
(3) 	A notice under subsection 13 (5), 14C (4), 14E (6), 48 (1) or 89A (6) shall be in accordance with the code of practice in force under subsection 25B (1) of the Administrative Appeals  Tribunal Act 1989.

Part 9—Motor vehicle dealers compensation fund
58 	The compensation fund
	In this Part, a reference to the compensation fund shall be read as a reference to the trust account known as the Australian Capital Territory Motor Vehicle Dealers Compensation Fund as affected by section 15 of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth.
59 	Contributions to the compensation fund by dealers
	The registrar shall not issue a licence to a dealer or renew a licence held by a dealer unless the applicant for the licence or the renewal has paid to the registrar for the purposes of the compensation fund the charge determined under section 90A for the purposes of this section as the contribution payable by that person to that fund in respect of the issue or renewal of a licence.
60 	Certain persons may apply for compensation
(1) 	A person, other than a trade owner, who suffers pecuniary loss in connection with a motor vehicle by reason of the failure of a licensed dealer to comply with an obligation imposed on him or her by this Act or by reason of the failure of a licensed dealer to pass an unencumbered title to the vehicle may apply to the registrar for compensation under this Part in respect of that loss.
(2) 	An application for compensation under this Part shall be made by the delivery to the registrar of particulars of the claim supported by a statutory declaration.
(3) 	An application for compensation under this Part shall not be accepted by the registrar unless it is made within a period of 6 months after the applicant becomes aware of the loss or within such further time (if any) as the registrar, either before or after the expiration of that period, allows.
61 	Registrar to determine applications
(1) 	Subject to subsection (2), the registrar shall consider each application made in accordance with this Part and shall determine—
	(a)	the amount of the loss in respect of which compensation may be paid to the applicant under this Part; or
	(b)	that there is no pecuniary loss in respect of which compensation may be so paid.
(2) 	The registrar shall not determine an application in pursuance of subsection (1) unless the registrar is satisfied that the applicant has taken all reasonable steps to enforce any remedies that the applicant may have against the dealer referred to in subsection 60 (1) in respect of the loss that the applicant has incurred.
62 	Registrar to notify applicant of determination
(1) 	The registrar shall give to an applicant for compensation under this Part notice in writing stating—
	(a)	the amount that the registrar has determined to be the loss in respect of which compensation may be paid to the applicant under this Part; or
	(b)	that the registrar has determined that there is no loss in respect of which compensation may be so paid.
(2) 	In a notice given under this section, the registrar shall state the grounds on which he or she has made the determination referred to in the notice.
63 	Review of determination
(1) 	An applicant for compensation under this Part to whom the registrar gives notice under subsection 62 (1) may, within 21 days after the date on which notice is so given, make application to the Magistrates Court for an order under this section.
(2) 	The court, on application under this section, may, if it thinks fit, by order, vary a determination of the registrar under subsection 61 (1).
64 	Payment of compensation
(1) 	Subject to subsection (2), where an amount has been determined under this Part as the amount of loss in respect of which compensation may be paid to an applicant under this Part, the Territory shall pay to the applicant an amount equal to the amount so determined.
(2) 	Where, at any time, the amount standing to the credit of the compensation fund is insufficient for the payment of all amounts that the Territory would, but for this subsection, be required by this section to pay, the amount standing to the credit of the compensation fund shall be divided among the persons to whom it would be required to pay those amounts in proportion to those amounts.
65 	Subrogation
	Where the Territory has paid compensation to a person under this Part, the Territory is, to the extent of the payment, subrogated to the rights of that person against the licensed dealer in respect of whom the application for compensation was made.

part 10—enforcement
66 	Interpretation
	In this Part, unless the contrary intention appears—
“determined fee” means the fee determined for the purposes of subparagraph 70A (2) (g) (ii);
“final infringement notice” means a notice under section 70A;
“infringement notice” means a notice under section 70;
“inspector” does not include a police officer;
“notified person”, in relation to an infringement notice or a final infringement notice, means the person on whom the notice has been served;
“on-the-spot fine”, in relation to a Schedule 3 offence, means the fine for that offence ascertained by reference to Schedule 3;
 “relevant amount” means—
	(a)	in relation to an infringement notice—the on-the-spot fine for the alleged Schedule 3 offence to which the notice relates; or
	(b)	in relation to a final infringement notice—the on-the-spot fine for the alleged Schedule 3 offence to which the notice relates, in addition to the determined fee;
“relevant period for payment” means—
	(a)	in relation to an infringement notice—28 days after the date of the notice;
	(b)	in relation to a final infringement notice—14 days after the date of the notice; or
	(c)	such extended period as the registrar allows under paragraph 70D (4) (b);
“Schedule 3 offence” means an offence against a provision of this Act specified in column 1 of Schedule 3.
67 	Obstruction etc of registrar or inspector
	A person shall not obstruct, threaten or intimidate the registrar, the deputy registrar or an inspector in the exercise of a power or function or the discharge of a duty conferred or imposed upon the registrar, deputy registrar or inspector under this Act.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
68 	Offence by employee—liability of employer
(1) 	If an employee contravenes any provision of this Act, the employer shall be deemed to have contravened the same provision (whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions).
(2) 	It is a defence in proceedings against an employer for such a contravention if it is established that the employer—
	(a)	had no knowledge of the contravention; and
	(b)	could not, by the exercise of due diligence, have prevented the contravention.
(3) 	An employer may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the employee has been proceeded against or convicted under that provision.
69 	Institution of proceedings
	A prosecution for an offence against this Act may be commenced within 3 years after the commission of the offence.
70 	Infringement notices
(1) 	An inspector may serve an infringement notice on a person if the officer believes on reasonable grounds that the person has committed a Schedule 3 offence.
(2) 	An infringement notice shall be in a form approved by the registrar, and shall—
	(a)	identify the inspector who issues the notice;
	(b)	state the full name, or surname and initials, and address of the notified person;
	(c)	specify the nature of the alleged offence and the amount of the on-the-spot fine;
	(d)	specify the day, time and place of the alleged commission of the offence;
	(e)	include a statement to the effect that—
	(i)	if the notified person wishes to dispute liability for the alleged offence, the person should, within 28 days after the date of the notice, apply to the registrar for the withdrawal of the infringement notice;
	(ii)	if the notified person does not wish to dispute liability and would prefer that the matter not be dealt with in court, the person may pay the on-the-spot fine to the registrar within 28 days after the date of the notice; and
	(iii)	if the notified person does not within that period dispute liability, or pay the on-the-spot fine, in accordance with the notice, the alleged offence may be dealt with by a court;
	(f)	specify the place at which, and the manner in which, the fine may be paid;
	(g)	include a statement about the procedures for the withdrawal of the notice under this Part; and
	(h)	be dated and signed by the inspector who serves the notice.
70A 	Final infringement notices
(1) 	Where a person has been served with an infringement notice and the person does not—
	(a)	pay the on-the-spot fine in accordance with the infringement notice; or
	(b)	apply for the withdrawal of the infringement notice under section 70C in accordance with the infringement notice;
an inspector may serve a final infringement notice on the person.
(2) 	A final infringement notice shall be in a form approved by the registrar, and shall—
	(a)	identify the inspector who serves the notice;
	(b)	state the full name, or surname and initials, and address of the notified person;
	(c)	specify the nature of the alleged offence;
	(d)	specify the amount of the on-the-spot fine and the determined fee;
	(e)	specify the day, time and place of the alleged commission of the offence;
	(f)	specify the date of the relevant infringement notice, and include a statement to the effect that the person has not paid the on-the-spot fine for the alleged offence to which the notice relates;
	(g)	include a statement to the effect that—
	(i)	if the notified person wishes to dispute liability for the alleged offence, the person should, within 14 days after the date of the notice, apply to the registrar for the withdrawal of the final infringement notice;
	(ii)	if the notified person does not wish to dispute liability and would prefer that the alleged offence not be dealt with in court, the person may pay the on-the-spot fine and the determined fee to the registrar within 14 days after the date of the notice; and
	(iii)	if the notified person does not within that period dispute liability, or pay the on-the-spot fine, in accordance with the notice, the alleged offence may be dealt with by a court;
	(h)	specify the place at which, and the manner in which, the fine and the fee may be paid;
	(j)	include a statement about the procedures for the withdrawal of the notice under this Part; and
	(k)	be dated and signed by the inspector who serves the notice.
70B 	Discharge of liability for Schedule 3 offences
(1) 	This section applies where an infringement notice or a final infringement notice has been served on a person in respect of a Schedule 3 offence and—
	(a)	the relevant amount is paid in accordance with the notice; or
	(b)	the relevant notice is withdrawn pursuant to an application under section 70C.
(2) 	Where this section applies—
	(a)	any liability of the person in respect of the offence is discharged;
	(b)	no further proceedings shall be taken in respect of the offence; and
	(c)	the person shall not be regarded as having been convicted of the offence.
(3) 	For the purposes of this section, where a cheque is tendered in payment of the relevant amount, such payment shall not be taken to have been made unless and until the cheque is honoured on presentation.
70C 	Application for withdrawal of infringement notices
(1) 	A notified person may, by notice in writing to the registrar within the relevant period for payment, apply for the withdrawal of the notice.
(2) 	A person shall not make more than 1 application under this section in relation to any particular alleged commission of a Schedule 3 offence.
70D 	Withdrawal of infringement notices
(1) 	On receipt of an application under section 70C, the registrar may withdraw the relevant infringement notice or final infringement notice if satisfied on reasonable grounds that any of the following grounds is made out:
	(a)	the applicant did not commit the offence;
	(b)	the applicant had a reasonable excuse for committing the act constituting the offence;
	(c)	it would be unreasonable in the circumstances to prosecute the applicant for the commission of the offence.
(2)	If the registrar withdraws an infringement notice or final infringement notice, he or she shall give the notified person written notice of the decision.
(3) 	A notice under subsection (2) shall—
	(a)	specify the infringement notice or final infringement notice that is withdrawn; and 
	(b)	include a statement of the effect of subsections 70B (1) and (2).
(4) 	If the registrar does not withdraw an infringement notice or final infringement notice under subsection (1), the registrar shall—
	(a)	give the notified person written notice of the decision; and
	(b)	extend the period within which the relevant amount is to be paid, by a period of—
	(i)	in the case of a decision not to withdraw an infringement notice—28 days commencing on the date of the notice under paragraph (a); or
	(ii)	in the case of a decision not to withdraw a final infringement notice—14 days commencing on the date of the notice under paragraph (a).
(5) 	If the registrar does not give notice to a person under subsection (2) or (4) within 60 days after the receipt of an application for withdrawal of an infringement notice or a final infringement notice under section 70C, the notice is to be taken to have been withdrawn.
(6) 	Subject to subsection (7), the registrar, on his or her own initiative, may—
	(a)	within 90 days after service of an infringement notice; or
	(b)	within 60 days after service of a final infringement notice;
withdraw the notice by notice in writing served on the notified person.
(7) 	The registrar shall not withdraw a notice under subsection (6) where the notified person pays the relevant amount in accordance with the notice.
(8) 	Where an infringement notice or final infringement notice is withdrawn under this section, the registrar shall refund any amount paid under section 70 or 70A in payment of the relevant on-the-spot fine.
70E 	Prosecution of Schedule 3 offences
(1) 	A prosecution shall not be instituted for a Schedule 3 offence against a notified person—
	(a)	until the expiration of the period of 14 days after the date of service of a final infringement notice in relation to that offence; or
	(b)	if the person applies for the withdrawal of the final infringement notice under section 70C—unless and until the application is rejected and the extended period granted under paragraph 70D (4) (b) has expired.
(2) 	Nothing in section 70 or 70A shall be construed as—
	(a)	affecting the liability of a person to be prosecuted for a Schedule 3 offence in relation to which an infringement notice has not been served;
	(b)	subject to subsection (1), prejudicing or affecting the institution or prosecution of proceedings for a Schedule 3 offence; or
	(c)	limiting the amount of the fine that may be imposed by the court in respect of a Schedule 3 offence.
70F 	Non-antecedent value of infringement notice offences
(1) 	For the purposes of section 429A of the Crimes Act 1900, in sentencing an accused for any offence, a court shall not have regard to—
	(a)	the alleged commission of any infringement notice offence;
	(b)	the circumstances surrounding any infringement notice offence; or
	(c)	the investigation of any infringement notice offence, or any related action under this Part.
(2) 	In subsection (1)—
“infringement notice offence”, in relation to an accused, means an alleged offence—
	(a)	in relation to which an infringement notice has been served on the accused; and
	(b)	which has not been found proved by a court.   
70G 	Service of notices
(1) 	For the purposes of this Part, a notice may be served on the person to whom it is directed—
	(a)	in the case of a natural person—
	(i)	by delivering it to the person personally;
	(ii)	by leaving it at the address of the place of residence or business of the person last known to the person serving the document with some other person who is apparently—
	(A)	over the age of 16 years; and
	(B)	an occupant of the place, or employed at that place; or
 	(iii)	by sending it by prepaid post to that address; or
	(b)	in the case of a body corporate—
	(i)	by leaving it at the head office, a registered office or a principal office of the body corporate with a person who is apparently—
	(A)	over the age of 16 years; and
	(B)	an occupant of the place, or employed at that place; or
	(ii)	by sending it by prepaid post to that address.
(2) 	Nothing in this section prevents the service on a person of more than 1 infringement notice or final infringement notice in respect of the same alleged offence, but it is sufficient for the application of section 70B to such a person for the person to pay the relevant amount in accordance with any of the notices so served.
(3) 	Where an infringement notice is served on a child and the person serving the notice believes, on reasonable grounds, that the child is residing with a person who stands in loco parentis to that child, the person serving the notice shall serve a copy of the notice on that person.
70H 	Evidence
(1) 	For the purposes of this Part, a document that purports to have been signed by the registrar shall be taken to have been so signed unless the contrary is proved.
(2) 	In a prosecution for a Schedule 3 offence, a certificate signed by the registrar stating any of the following matters is evidence of the matters so stated:
	(a)	that a notice was served under this Part on a specified person on a specified date;
	(b)	where an infringement notice or a final infringement notice has been served on a person under this Part, that—
	(i)	further time for payment was, or was not, allowed under paragraph 70D (4) (b);
	(ii)	the notice was not withdrawn; or
	(iii)	the relevant amount was not paid in accordance with the notice within the relevant period for payment.

Part 11—Miscellaneous
71 	Determination of good fame and character
(1) 	Subject to subsection (2), a person is not of good fame and character for the purposes of this Act if and only if the person has, within the last 10 years, been convicted of an offence involving dishonesty or has been convicted of an offence against—
	(a)	this Act;
	(b)	the Trade Practices Act 1974 of the Commonwealth; or
	(c)	the Fair Trading Act 1992 or an equivalent Act of a State or Territory.
(2) 	Where a person has, within the last 10 years, been convicted of an offence referred to in subsection (1) but the registrar is satisfied that in all the circumstances, including—
	(a)	the circumstances of the offence;
	(b)	whether the person cooperated in the investigation of the offence;
	(c)	the extent to which the person provided restitution to any persons who suffered loss as a result of the offence;
	(d)	the conduct of the person before and after the offence;
	(e)	the period which has elapsed since the commission of the offence; and
	(f)	whether the offence was an isolated occurrence;
it would be reasonable to regard the person as a person of good fame and character, the person shall be taken to be of good fame and character for the purposes of this Act.
72 	Issue of copy of licence
	Where the registrar is satisfied that a licence issued and in force under this Act has been lost or destroyed, the registrar may, upon payment of the determined fee, issue to the person to whom that licence was issued a copy of that licence.
73 	Display of licence and notice
(1) 	In this section—
“licensee” means a licensed dealer or a licensed car market operator.
(2) 	Subject to subsection (3), a licensee shall cause the licence issued to the licensee at all times to be exhibited in a conspicuous position at the premises specified in the licence as the place where business is to be carried on under the licence.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(3) 	Where a licensee lodges an application under section 14E, the licensee shall be taken to sufficiently comply with subsection (2) during the period while the application is being dealt with if the licensee causes a copy of the licence lodged with the application to be exhibited in accordance with that subsection.
(4) 	A licensee shall exhibit and keep exhibited in a conspicuous position at the premises specified in the licence as the place where business is to be carried on under the licence a notice consisting of letters not less than 7 centimetres in height containing—
	(a)	the name of the licensee and the words—
	(i)	if the licensee holds a vehicle sale licence to carry on business as a dealer—‘LICENSED MOTOR VEHICLE DEALER’; or
	(ii)	if the licensee holds a car market operator licence—‘LICENSED car market operator’; and
	(b)	if the licensee carries on business under a name other than the licensee’s personal name or corporation name, as the case may be—the name or style under which the licensee carries on business.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(5) 	In addition to the notice required by subsection (4), a licensed car market operator shall exhibit and keep exhibited in a conspicuous position at the premises specified in the licence as the place where business is to be carried on under the licence a notice consisting of letters not less than 7 centimetres in height in or to the following effect:

WARNING
1.	THE TITLE OF A VEHICLE SOLD AT THESE PREMISES IS NOT GUARANTEED.  PERSONS CONSIDERING THE PURCHASE OF A VEHICLE SHOULD CONTACT REVS ON [Here insert the telephone number prescribed for the purposes of this subsection].
2.	A VEHICLE SOLD AT THESE PREMISES IS NOT SUBJECT TO THE STATUTORY WARRANTIES PROVIDED FOR UNDER THE SALE OF MOTOR VEHICLES ACT 1977.  A PURCHASER MAY HAVE A REMEDY, HOWEVER, UNDER THE GENERAL LAW.
(6) 	If—
	(a)	the telephone number prescribed for the purposes of subsection (5) ceases to be so prescribed and another telephone number is so prescribed; and
	(b)	a licensed car market operator exhibits a notice in accordance with subsection (5) which specifies a telephone number other than the number currently prescribed for the purposes of that subsection;
the licensed car market operator shall cause the notice to be altered so as to display the telephone number currently prescribed.
(7) 	A licensed car market operator shall not fail to cause a notice to be altered in accordance with subsection (6) within 3 days of receiving a notice in writing from the registrar advising that the telephone number prescribed for the purposes of subsection (5) has changed.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(8) 	For the purposes of subsections (2), (4) and (5), a notice referred to in that subsection shall be taken to be in a conspicuous position in premises if it is easily visible to a person entering those premises.
74 	Notification of commencement or cessation of business at a place 
(1) 	Where a licensee commences to carry on business at any place the licensee shall notify the registrar in writing accordingly of that commencement.
(2) 	Where a licensee ceases to carry on business at any place the licensee shall notify the registrar in writing accordingly within 7 days of that cessation.
Penalty in respect of an offence against subsection (2):
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
76 	Inspection
(1) 	In this section—
“document” means a book, paper, account or other document.
(2) 	An inspector may, at any reasonable time, enter the premises of a licensee and inspect—
	(a)	all documents relating to the business of the licensee; and
	(b)	all motor vehicles or parts of any motor vehicles that are offered or displayed for sale by the licensee.
(3) 	An inspector may, for the purpose of inspection—
	(a)	require the licensee or any other person who has the custody or control of documents to produce those documents and hand them over to the inspector; and
	(b)	require the licensee or any other person in whose custody or control the motor vehicles or parts of motor vehicles are to produce them.
(4) 	A person to whom a requirement under subsection (3) is made shall not refuse or fail to comply with the requirement.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(5) 	An inspector may make notes or take extracts from, or make copies of, any documents produced to the inspector under this section.
(6) 	An inspector may retain, for such reasonable period as the inspector or the registrar considers necessary, any document referred to in subsection (2) and may make copies of any such document.
77 	Production of identity cards
(1) 	An inspector (other than a police officer) is not entitled to perform any function under section 76 unless, on the request of the relevant person, the inspector produces his or her identity card to that person.
(2) 	In this section—
“relevant person”, in relation to the performance of a function by an inspector under section 76 at the premises of a licensee, means the licensee or another person referred to in subsection 76 (3) or (4).
78 	Inspection of register
	A person may, upon payment of the determined fee, inspect and take extracts from the register.
79 	Advertisements by licensed dealers 
(1) 	A licensed dealer shall not cause or permit to be published an advertisement relating to, or in connection with, the business carried on under that licence unless the dealer specifies in the advertisement—
	(a)	that the dealer is a licensed dealer; and
	(b)	the address of the place or 1 of the places at which the dealer carries on business.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
(2) 	A licensed dealer shall not, in an advertisement that the dealer causes or permits to be published in relation to, or in connection with, the business of the dealer, make any statement that is false or misleading.
Penalty:
	(a)	if the offender is a natural person—30 penalty units;
	(b)	if the offender is a body corporate—150 penalty units.
(3) 	A licensed dealer shall not in an advertisement that the dealer causes or permits to be published in relation to, or in connection with, the sale of second-hand vehicles—
	(a)	convey any information in respect of a motor vehicle that the dealer offers for sale that is inconsistent with information relating to that vehicle contained in the dealer’s dealings register or in the notice attached to the vehicle under section 20;
	(b)	refer to or describe a motor vehicle unless the vehicle is identified by its registered number or, where the vehicle has no registered number, by its engine number; or
	(c)	specify the deposit payable on, or periodical payments payable in respect of, a motor vehicle unless the cash price in respect of the vehicle is also specified.
Penalty:
	(a)	if the offender is a natural person—30 penalty units;
	(b)	if the offender is a body corporate—150 penalty units.
(4) 	A licensed dealer shall include in each advertisement that the dealer causes or permits to be published in relation to, or in connection with, the business of the dealer the number of the licence or licences held by the dealer.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
79A 	Advertisements by licensed car market operators
	A licensed car market operator shall not cause or permit to be published an advertisement relating to, or in connection with, the business carried on under that licence unless the operator specifies in the advertisement—
	(a)	that the licensee is a licensed car market operator; and
	(b)	the address of the place or 1 of the places at which the operator carries on business.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
80 	Publication of list of licensed dealers
	The Registrar shall, as soon as practicable after the thirtieth day of June each year, cause to be published in the Gazette a list in alphabetical order of persons who are licensees as at that date and the place or places of business, as the case may be, of each of those persons.
81 	Submission of documents for signature
	A licensed dealer shall not, in respect of the sale of a motor vehicle, submit a document to another person for the person’s signature unless at the time of submitting the document all material particulars in the document have been completed and any other matter contained in the document that is not relevant in respect of that sale has been deleted.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
82 	Licensed dealer not to be indemnified by antecedent owner
(1) 	Subject to subsection (2), where a licensed dealer incurs any costs or expenses by virtue of the operation of this Act in respect of the sale of a motor vehicle, the dealer is not entitled to be indemnified in respect of those costs or expenses by any antecedent owner and any contract or agreement providing, directly or indirectly, for the licensed dealer to be so indemnified is, to the extent that it does so, void.
(2) 	Subsection (1) does not apply to a contract or agreement providing for a licensed dealer to be so indemnified where the antecedent owner is a trade owner.
83 	Contracting out
	A term of an agreement, other than where the parties to the agreement are a licensee and a corporation, that purports to exclude or limit the operation of this Act, or to preclude any right of action or any defence based on or arising out of any failure to comply with this Act, is void.
84 	Other rights and remedies preserved
	Except as is expressly provided by this Act, nothing in this Act shall limit, restrict or otherwise affect any right or remedy a person would have had if this Act had not been made.
87 	Service upon licensees and applicants for licences
(1) 	A document required by this Act to be given to, or served upon, a licensee may be given or served by leaving it at a place specified in the licence of that person as the place at which the licensee carries on business or by sending it by post to the licensee at that place.
(2) 	A document required by this Act to be given to or served upon an applicant for a licence may be given or served by sending it by post to the applicant at the last-known place of residence of the applicant or, in the case of a corporation, to the last known place of residence of the director who signed the application.
88 	Evidence of licensing
(1) 	A certificate under the hand of the registrar stating that a person was or was not on a date or dates or during a period mentioned in the document the holder of a licence is, in all courts and before all persons and bodies authorised to receive evidence, evidence of the matters so stated.
(2) 	For the purposes of subsection (1), a document that purports to have been signed by the registrar shall be taken to have been so signed unless the contrary is proved.
89 	Requirement by registrar or inspector
	Where the registrar or an inspector is empowered by this Act to require a person to do anything, the registrar or the inspector may make the requirement orally or in writing served upon that person.
89A 	Temporary revival of licence following death of licensee
(1) 	A person who is, who is named as, or who is otherwise entitled to become, a legal personal representative of a deceased licensee (in this section called “the applicant”) is eligible for the grant of an authorisation to carry on the business of the deceased temporarily.
(2) 	An application for the grant of an authorisation—
	(a)	shall be in writing and signed by the applicant;
	(b)	shall be lodged with the registrar within 28 days after the death or such longer period as the registrar allows;
	(c)	in the case of an application by an individual who is not the legal personal representative of the deceased—shall state in relation to the applicant—
	(i)	full name;
	(ii)	date and place of birth; and
	(iii)	present residential address and any other addresses at which the applicant has resided during the 3 years immediately preceding the date of the application;
	(d)	shall be accompanied by—
	(i)	in the case of an applicant who is the legal personal representative of the deceased—evidence of the applicant’s appointment as legal personal representative;
	(ii)	in the case of an applicant who is named as the legal personal representative of the deceased—evidence of that fact and proof of identity of the applicant; or
	(iii)	in the case of any other applicant—evidence of the applicant’s entitlement to appointment as legal personal representative and proof of identity of the applicant; and
	(e)	shall state the period, being a period to expire no more than 6 months after the date of death of the deceased, for which the authorisation is sought.
(3) 	The registrar shall grant an authorisation unless—
	(a)	the applicant or, in the case of an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the registrar under subsection (4);
	(b)	the applicant fails to establish that the applicant is eligible for the grant of the licence; or
	(c)	the application does not comply with the requirements of subsection (2).
(4) 	The registrar may require an applicant, or in the case of an application by a corporation, all or any of the directors of the corporation, to attend before the registrar and may require the applicant or such director to furnish to him or her, orally or in writing, such further information as the registrar requires to be furnished.
(5) 	An authorisation shall be granted for a period to expire no more than 6 months after the date of death of the deceased or for such shorter period as is specified in the application or as the registrar allows.
(6) 	Where the registrar refuses an application for the grant of an authorisation, the registrar shall record the reasons for his or her decision and cause to be served on the applicant notice of the decision.
(7) 	Where the registrar, within the period of 3 months after the lodging with the registrar of an application for an authorisation, fails to convey to the applicant a decision in respect of the application, the registrar shall be taken to have refused to grant the application.
(8) 	Where—
	(a)	the registrar grants an authorisation in respect of the business of a deceased licensee; and
	(b)	the applicant pays the prescribed fee;
the licence held by the deceased immediately before his or her death shall be taken to revive in favour of the applicant as if the licence had been issued to the applicant under section 14 for the period determined in accordance with subsection (5).
(9) 	A licence taken to have revived under subsection (8) may not be renewed.
90A 	Power of Minister to determine fees
	The Minister may, by notice in writing published in the Gazette, determine fees and charges for the purposes of this Act.
92 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

	SCHEDULE 1	Subsection 23 (1)
OBLIGATION OF DEALER TO REPAIR DEFECTS
column 1
item	column 2
description of motor vehicle	column 3
kilometres	column 4
period	
1	new motor vehicle (not being a motorcycle) that has been driven for less than 15,000 km at the time it is sold by dealer	20,000 (after manufacture)	12 months less 1 month for each 2,000 km that the vehicle has been driven before sold by dealer 	
2	new motor vehicle (not being a motorcycle) that has been driven for 15,000 km or more at the time it is sold by dealer	5,000 (after sale)	3 months	
3	second-hand motor vehicle (not being a motorcycle) that has been driven for not more than 160,000 km and was manufactured not more than 10 years before the time it is sold by dealer	5,000 (after sale)	3 months	

Schedule 2
	Form 1	Subsection 24 (1)
Australian Capital Territory
Sale of Motor Vehicles Act 1977
Notice Of Required Repairs
Take Notice that the licensed dealer offering or displaying this motor vehicle for sale is not liable under the Sale of Motor Vehicles Act 1977 to remedy, in respect of the vehicle, a defect specified in this notice where the reasonable cost of remedying that defect does not exceed the estimated cost of repair specified in this notice. Where the reasonable cost of remedying that defect is an amount greater than the amount so specified, a purchaser of the vehicle may recover from the dealer the difference between those amounts. The giving of this notice does not affect the liability of the dealer under the Act in respect of any other defect in the vehicle.

The Registration Number of this Vehicle is

The Engine Number of this Vehicle is

Note:  In the event of a dispute arising in respect of the sale of this vehicle, either the purchaser or the dealer may request the Registrar of Motor Vehicle Dealers in writing to determine the dispute.

item	defect	estimated cost
 of repair ($)	
Engine and cooling system	

Brakes—
Foot	
Hand 	

Transmission 	

Clutch	

Gear box	

Differential 	

Drive shaft assembly	

Electrical	

Lights	

Starter	

Generator/alternator 	

Instruments	

Suspension and steering	

Body 	

Any other defects	

	Total $
Explanation of Defects
	(Where space above is insufficient)

	/	/
	Signature of Purchaser	Date
	/	/
Signature of Dealer or of person acting on his or her behalf	Date	

	Licence
	Number
	of Dealer.....................................

	Form 2	Subsection 25 (7)
Australian Capital Territory
Sale of Motor Vehicles Act 1977
Exemption Notice
Take Notice that by reason of a declaration by the Minister (here insert official description of appropriate Minister), notice of which was published in the Gazette on (here insert date of the Gazette), the dealer is not liable under the Sale of the Motor Vehicles Act 1977 to repair or make good any defect that occurs in this motor vehicle after the date of the sale of the vehicle by the dealer or that becomes apparent to the purchaser of the vehicle after that date.

The Registration Number of this Vehicle is

The Engine Number of this Vehicle is

	/	/
Signature of Dealer or of person acting on his or her behalf	Date	

	Licence
	Number
	of Dealer ................................
The Dealer is Required by the ACT to Furnish the Purchaser of the Vehicle with a Signed Copy of this Notice.

	Form 3	Subsection 25B (2)
Australian Capital Territory
Sale of Motor Vehicles Act 1977
LOSS OF RIGHT TO TERMINATE

Make and model of vehicle:

Registration No. (or engine No. if unregistered):

Dealer:

1.	I have agreed to buy this vehicle and am about to accept delivery of it.

2.	I know that the Sale of Motor Vehicles Act 1977 gives me the right to decide within 3 clear business days not to go ahead with the purchase and to cancel the agreement.

3.	I know that when I sign this form I WILL LOSE MY RIGHT TO CANCEL THE AGREEMENT.

Date:	Purchaser’s signature

	SCHEDULE 3	Section 66
	on-the-spot fines
column 1
offence provision	column 2
on-the-spot fine	
subsection 15 (1)		$500	
subsection 16 (1)		$500	
subsection 16 (2)		$500	
subsection 16 (3)		$500	
subsection 20 (1)		$250	
subsection 20 (4)		$750	
subsection 21 (1)		$250	
subsection 26 (2)		$125	
subsection 73 (2)		$125	
subsection 73 (4)		$125	

NOTES
1.	The Sale of Motor Vehicles Act 1977 in this reprint is No. 29, 1977 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  The amendments do not change the law.  Amendments made under the Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Sale of Motor Vehicles Ordinance 1977	29, 1977	4 July 1977	Ss. 1 and 2:  4 July 1977
Ss. 3, 5, 6, 32, 76-78, 84, 85, 89, 90 and 92:   18 July 1977 (see Gazette 1977, No. S140)
S. 4, Parts II (ss. 7-14), V-IX (ss. 33-65), ss. 72, 73,  75, 79 (2), 80, 86-88 and 91:  2 Sept 1977 (see Gazette 1977, No. S181)
Ss. 15-26, 31 and 81-83:  4 Oct 1977 (see Gazette 1977, No. S210)
Ss. 27-30:  (a)
Ss. 74 and 79 (1):  24 Apr 1978 (see Gazette 1978, No. S70, p. 3)
Part X (ss. 66-71):  (b)		
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Sale of Motor Vehicles (Amendment) Ordinance 1980	39, 1980	17 Oct 1980	17 Oct 1980	—	
Ordinances Revision (Companies Amendments) Ordinance 1982	38, 1982	30 June 1982	1 July 1982	—	
Sale of Motor Vehicles (Amendment) Ordinance 1983	16, 1983	19 Aug 1983	19 Aug 1983	—	
Sale of Motor Vehicles (Amendment) Ordinance 
(No. 2) 1983	38, 1983	29 Sept 1983	1 Oct 1983	—	
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Sale of Motor Vehicles (Amendment) Ordinance 1985	70, 1985	19 Dec 1985	19 Dec 1985	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)		
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Acts Revision (Position of Crown) Act 1993	44, 1993	27 Aug 1993	27 Aug 1993 (see s. 2)	—	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III
(ss. 4-9)	
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995	25, 1995	5 Sept 1995	5 Sept 1995	—	
Statute Law Revision Act 1995	46, 1995	18 Dec 1995	18 Dec 1995	—	
Sale of Motor Vehicles (Amendment) Act 1995	48, 1995	18 Dec 1995	Ss. 1-23, 24 (1) and 25-68:  18 Dec 1995
Remainder:  1 Nov 1996 (see s. 2 (2))	S. 68	
(Reprinted as at 31 January 1996)	
Financial Institutions (Removal of Discrimination) Act 1997	88, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:   31 Dec 1997 (see Gazette 1997, No. S442)	—	
Legal Practitioners (Consequential Amendments) Act 1997	96, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:  1 June 1998 (see s. 2 (2))	—	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Road Transport Legislation Amendment Act 1999	1999 No 79	23 Dec 1999	1 Mar 2000 (see 
s 2 and Gaz 2000 No S5)	—	
Sale of Motor Vehicles Amendment Act 2001	2001 No 13	5 Apr 2001	ss 1-4 and 6:  5 Apr 2001
remainder (s 5):  (see endnote 3)
	—	
(a)	Section 27 was repealed and substituted by the Sale of Motor Vehicles (Amendment) Act 1983 before a date was fixed for its commencement.  Sections 28-30 were also repealed by that Act before a date was fixed for their commencement.
(b)	Part X (ss. 66-71) was repealed and substituted by the Sale of Motor Vehicles (Amendment) Act 1995 before a date was fixed for its commencement.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 38, 1982; No. 38, 1983; No. 70, 1985; No. 38, 1989; Acts Nos. 60 and 97, 1994; Nos. 46 and 48, 1995
S. 3A	ad. Act No. 44, 1993
S. 4	rep. Act No. 48, 1995
S. 5	am. No. 38, 1989
	rs. Act No. 97, 1994
S. 5A	ad. Act No. 97, 1994
S. 5B	ad. Act No. 97, 1994
	am. No. 48, 1995
S. 5C	ad. Act No. 97, 1994
	am. No. 54, 1998
Heading to Part 2	am. Act No. 48, 1995
Ss. 6A, 6B	ad. Act No. 48, 1995
S. 7	rs. Act No. 48, 1995
Ss. 7A, 7B	ad. Act No. 48, 1995
Ss. 8, 9	rs. Act No. 48, 1995
Ss. 10, 11	am. Act No. 48, 1995
Ss. 11A, 11B	ad. Act No. 48, 1995
S. 12	am. No. 46, 1978
	rs. Act No. 48, 1995
S. 13	am. Act No. 60, 1994; No. 48, 1995
S. 14	am. Act No. 48, 1995
Ss. 14A-14E	ad. Act No. 48, 1995
S. 15	rs. Act No. 48, 1995
Ss. 16-20	am. Act No. 48, 1995
S. 21	am. No. 70, 1985; Act No. 48, 1995
S. 22	am. Act No. 48, 1995
S. 23	am. No. 39, 1980; No. 70, 1985; No. 38, 1989
	rs. Act No. 48, 1995
Ss. 24, 25	rs. Act No. 48, 1995
S. 25A	ad. Act No. 48, 1995
S. 25B	ad. Act No. 48, 1995
	am. No. 48, 1995
S. 26	am. Act No. 48, 1995
S. 27	rs. No. 16, 1983
	am. Act No. 48, 1995; 1999 No 79 s 5 sch 3
Ss. 28-30	rep. No. 16, 1983
Ss. 31, 32	am. Act No. 48, 1995
pt 4A (ss 32A-32I)	ins 2001 No 13 s 4
ss 32A-32I	ins 2001 No 13 s 4
S. 33	am. Act No. 48, 1995; No. 88, 1997
Ss. 34, 35	am. Act No. 48, 1995
S. 37	am. Act No. 88, 1997
Ss. 38-41	am. Act No. 48, 1995
S. 42	am. No. 38, 1982; Acts Nos. 46 and 48, 1995
S. 43	am. Act No. 48, 1995; No. 88, 1997
S. 44	rep. Act No. 54, 1998
S. 45	am. Act No. 48, 1995
S. 45A	ad. Act No. 48, 1995
Ss. 46, 47	am. Act No. 48, 1995
S. 48	am. Act No. 60, 1994; No. 48, 1995
S. 49	am. No. 38, 1989; Act No. 48, 1995; No. 96, 1997
Ss. 50-52	am. Act No. 48, 1995
S. 53	am. Act No. 96, 1997
S. 55	am. No. 16, 1983; No. 38, 1989; Act No. 48, 1995
S. 57	am. No. 38, 1989; Act No. 60, 1994
	rs. No. 48, 1995
S. 58	am. Act No. 48, 1995
S. 59	am. No. 38, 1983; Act No. 48, 1995
Ss. 61, 62	am. Act No. 48, 1995
S. 63	am. No. 67, 1985
Ss. 64, 65	am. Act No. 48, 1995
Part X (ss. 66-71)	rep. Act No. 48, 1995
Part 10 (ss. 66-70, 70A-	ad. Act No. 48, 1995
   70H)
Ss. 66-70	rs. Act No. 48, 1995
Ss. 70A-70H	ad. Act No. 48, 1995
S. 71	rs. Act No. 48, 1995
S. 72	am. Act No. 48, 1995
Ss. 73, 74	rs. Act No. 48, 1995
S. 75	rep. Act No. 48, 1995
S. 76	rs. Act No. 48, 1995
S. 77	rs. Act No. 97, 1994
	am. No. 48, 1995
S. 78	am. Act No. 48, 1995
S. 79	rs. Act No. 48, 1995
S. 79A	ad. Act No. 48, 1995
S. 80	rs. Act No. 48, 1995
S. 81	am. Act No. 48, 1995
S. 83	am. Act No. 48, 1995
Ss. 85, 86	rep. Act No. 48, 1995
S. 87	am. Act No. 48, 1995
S. 89A	ad. Act No. 48, 1995
S. 90	rep. Act No. 25, 1995
S. 90A	ad. No. 38, 1983
S. 91	am. Act No. 60, 1994
	rep. No. 48, 1995
S. 92	am. No. 38, 1989
Schedule	am. No. 38, 1989
Heading to Schedule	rep. Act No. 48, 1995
Schedule 1	ad. Act No. 48, 1995
Heading to Schedule 2	ad. Act No. 48, 1995
Schedule 2	am. Act No. 48, 1995
Schedule 3	ad. Act No. 48, 1995

3	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date— 
Sale of Motor Vehicles Amendment Act 2001, Act 2001 No 13, (s 5)
5 	Insertion of definitions
	The following definitions are inserted in the dictionary:
creditor, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
debtor, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
director-general, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
hire-purchase agreement, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
hirer, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
lease, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
non-dealer, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
notice, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
owner, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
participating State, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
payment, of a purchase price, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
purchase, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
registered, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
register of interests, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
registrable interest, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
security interest, for pt 4A (Registration of interests in motor vehicles)—see section 32A.
the NSW Act, for pt 4A (Registration of interests in motor vehicles)—see section 32A.