Australian Capital Territory
Sale of Motor Vehicles Act 1977     No 29
Republication No 4
Republication date: 13 March 2002
Last amendment made by Act 2001 No 70
Amendments incorporated to 12 September 2001

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Sale of Motor Vehicles Act 1977 as in force on 13 March 2002.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Sale of Motor Vehicles Act 1977

Contents
	Page
Part 1	Preliminary
	1	Short title	2
	2	Commencement	2
	3	Interpretation	2
	4	Notes	10
	3A	Position of Crown	10
	5	Registrar	10
	5A	Deputy registrar	11
	5B	Inspectors	11
	5C	Identity cards	12
	6	Register of dealers	12
Part 2	Licences to carry on business as a dealer, wholesaler or car market operator
	6A	Meaning of dealer	13
	6B	Interpretation	13
	7	Licensing of dealers	14
	7A	Licensing of wholesalers	14
	7B	Licensing of car market operators	14
	8	Eligibility for the grant of licences to individuals	15
	9	Eligibility for the grant of licences to corporations	16
	10	Applications for licences by individuals	17
	11	Applications for licences by corporations	18
	11A	Identification of applicant or director	20
	11B	Notification of application	22
	12	Certificates of convictions	22
	13	Grant or refusal of licence	23
	14	Issue of licences	24
	14A	Eligibility for renewal of licences	25
	14B	Applications for renewal of licences	26
	14C	Grant or refusal of renewal of licences	26
	14D	Renewal of licences	27
	14E	Variation of licences	28
Part 3	Dealings in motor vehicles
	15	Licensees to maintain dealings register	30
	16	Information to be recorded in dealings register	31
	17	Giving incorrect information to licensee	33
	18	Acquainting persons with requirements of Act	33
	19	Dealings with persons under 18 years	34
	20	Dealer to attach notice to second-hand vehicle	34
	21	Action by dealer on sale of second-hand motor vehicle	36
	22	Sale of vehicle if odometer replaced or distance altered	37
	23	Obligations of dealer to repair defects in motor vehicles	38
	24	Excluded defects	39
	25	Exceptions	40
	25A	Obligations of dealer to repair defects in motorcycles	43
	25B	Cooling-off period	44
	26	Sales between dealers and wholesalers	46
	27	Registrar may give opinion on disputes	48
	31	Authority to dealer to sell as agent	49
Part 4	Sale of second-hand motor vehicles generally
	32	Offences by vendors	51
Part 4A	Registration of interests in motor vehicles
	32A	Definitions for pt 4A	52
	32B	Expressions in pt 4A have same meanings as in NSW Act	55
	32C	Registration of interests	55
	32D	Search certificates and notice	55
	32E	Purchasing motor vehicle with registrable interest	56
	32F	Liability of dealer to creditor if registrable interest defeated	57
	32G	Effect of part payment at time of acquisition	58
	32H	Revival of registrable interest on rescission of contract	59
	32I	Contracting out of operation of pt 4A etc	59
Part 5	Trust accounts
	33	Payment of money into trust account	60
	34	Procedure if part of consideration is not money	60
	35	Application of money in trust account	61
	36	Protection of trust money	61
	37	Provisions applicable to banks	61
	38	Accounting records	62
	39	Receipts for trust money	62
	40	Audit of trust accounts	63
	41	Auditor’s report	63
	42	Qualification of auditors	64
	43	Withdrawals—deficiency suspected	64
Part 6	Revocation of licences
	45	Revocation of licences	65
	45A	Intended change of directors—notification and objection	65
	46	Change of directors—objection by chief police officer	66
	47	Inquiry by registrar	67
	48	Action by registrar following revocation of licence	68
	48A	Procedures for registrar taking action in relation to licences	68
Part 7	Inquiries by registrar
	49	Inquiries	69
	50	Power to summon witnesses	70
	51	Failure to attend or to produce documents	70
	52	Refusal to be sworn or give evidence	71
	53	Protection of representatives, witnesses etc	71
	54	Protection of registrar and deputy registrar	71
	55	Fees and expenses to witnesses	71
	56	Registrar may inspect books etc	72
Part 8	Review by the administrative appeals tribunal
	57	Review by administrative appeals tribunal	73
Part 9	Motor vehicle dealers compensation fund
	58	The compensation fund	75
	60	Certain persons may apply for compensation	75
	61	Registrar to determine applications	75
	62	Registrar to notify applicant of determination	76
	63	Review of determination	76
	64	Payment of compensation	76
	65	Subrogation	77
Part 10	Enforcement
	66	Definitions for pt 10	78
	67	Obstruction etc of registrar or inspector	79
	68	Offence by employee—liability of employer	79
	69	Institution of proceedings	79
	70	Infringement notices	80
	70A	Final infringement notices	81
	70B	Discharge of liability for schedule 3 offences	82
	70C	Application for withdrawal of infringement notices	83
	70D	Withdrawal of infringement notices	83
	70E	Prosecution of schedule 3 offences	85
	70F	Non-antecedent value of infringement notice offences	85
	70G	Service of notices	86
	70H	Evidence	87
Part 11	Miscellaneous
	71	Determination of good fame and character	88
	72	Issue of copy of licence	89
	73	Display of licence and notice	89
	73A	Return of licence	91
	74	Notification of commencement or cessation of business at a place	91
	76	Inspection	91
	77	Production of identity cards	92
	78	Inspection of register	92
	79	Advertisements by licensed dealers	92
	79A	Advertisements by licensed car market operators	94
	80	List of licensed dealers	94
	81	Submission of documents for signature	94
	82	Licensed dealer not to be indemnified by antecedent owner	94
	83	Contracting out	95
	84	Other rights and remedies preserved	95
	87	Service on licensees and applicants for licences	95
	88	Evidence of licensing	95
	89	Requirement by registrar or inspector	96
	89A	Temporary revival of licence following death of licensee	96
	90A	Power of Minister to determine fees	98
	91	Determination of fees and charges	98
	92	Regulations	98
	93	Approved forms	98
	94	Regulation-making power	98
Schedule 1	Obligation of dealer to repair defects	99
Schedule 2		100
Form 1		100
Form 2		102
Form 3		103
Schedule 3	On-the-spot fines	104
Dictionary		105
Endnotes
	1	About the endnotes	107
	2	Abbreviation key	107
	3	Legislation history	108
	4	Amendment history	111
	5	Earlier republications	122
	6	Uncommenced amendments	122

Amendments incorporated to
12 September 2001

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
 U 	1	Short title
This Act may be cited as the Sale of Motor Vehicles Act 1977.
 U 	2	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.
 U 	3	Interpretation
	(1)	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
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 if 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; or
	(ii)	if 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)	if 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 ACT.
commercial vehicle means a motor vehicle for use wholly or principally for—
	(a)	the carriage of goods; or
	(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 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; or
	(f)	a four-wheel drive motor vehicle with at least 1 forward-facing rear passenger seat (other than 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 this definition.
committee means the registrar’s advisory committee constituted by section 66 (1).
convicted includes being discharged under the Crimes Act 1900, section 402 or an equivalent provision of a law of the Commonwealth, a State, another Territory or another country, but does not include a conviction that has been set aside on appeal or review.
dealer—see section 6A.
dealings register means a dealings register kept by a licensed dealer under section 15.
demonstrator, in relation to a motor vehicle, means a vehicle—
	(a)	that has been sold only to a dealer or wholesaler; and
	(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 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; or
	(b)	for the purpose of selling motor vehicles on instalment terms; or
	(c)	for the purpose of taking or enforcing securities over motor vehicles; or
	(d)	for the purpose of letting out on hire motor vehicles without granting a right to purchase them; or
	(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); or
	(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—see 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 the 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 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 of the motor vehicle; and
	(b)	a person who has the possession of the motor vehicle 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 of the motor vehicle 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 of the motor vehicle.
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 Act.
register means the register of motor vehicle dealers kept by the registrar under 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.
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 this Act—
	(a)	if—
	(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; and
	(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; and
	(b)	if a financier sells, or is deemed to have sold, a motor vehicle to a person other than a trade owner (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 subsection (2) (a); or
	(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; and
	(c)	if—
	(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 Corporations Act 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; and
	(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.
 U 	4	Notes
 U 	3A	Position of Crown
This Act does not apply in relation to dealings in motor vehicles by the Territory.
 U 	5	Registrar
	(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 exercising the functions of the registrar.
	(3)	The registrar shall be the public servant for the time being exercising the duties of the government service office referred to in subsection (2).
 U 	5A	Deputy registrar
	(1)	There shall be a Deputy Registrar of Motor Vehicle Dealers.
	(2)	The deputy registrar may exercise 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 exercising the functions of the Deputy Registrar of Motor Vehicle Dealers.
	(4)	The deputy registrar shall be the public servant for the time being exercising the duties of the government service office referred to in subsection (3).
 U 	5B	Inspectors
	(1)	There shall be 1 or more inspectors for this Act.
	(2)	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include exercising the functions of an inspector.
	(3)	The following persons shall be inspectors:
	(a)	a public servant for the time being exercising 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)	On ceasing to occupy, or to act in—
	(a)	the office of the registrar; or
	(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.
Maximum 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 the form that the Minister directs and shall enter the particulars that are prescribed or as the Minister directs.

Part 2	Licences to carry on business as a dealer, wholesaler or car market operator
 U 	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)	a person whose business consists exclusively of buying motor vehicles for the purpose of demolishing or dismantling those vehicles; or
	(ii)	a wholesaler; or
	(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)	Subsection (1) (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 this Act, to be a dealer.
 U 	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.
 U 	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 where 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.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
 U 	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 section 14 (2).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
 U 	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.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
 U 	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; and
	(b)	the individual is of good fame and character; and
	(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; and
	(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; and
	(e)	for 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)	for 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 subsection (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; and
	(b)	general business experience (whether or not in the motor trade); and
	(c)	previous employment (whether or not in the motor trade); and
	(d)	knowledge of the operation of businesses of the type proposed to be engaged in by the individual; and
	(e)	level of education; and
	(f)	personal capacity.
	(3)	For subsection (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.
 U 	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; and
	(b)	for 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)	for 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.
 U 	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 where the applicant has resided during the 3 years immediately before the date of the application; 
	(d)	shall state the period, not longer than 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 for 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 where 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 under paragraph (f) is not prohibited by the provisions of the lease of the land where those premises are situated or by the Territory plan; 
	(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; 
	(j)	shall, if the applicant either in the ACT 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; 
	(k)	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; 
	(l)	shall be accompanied by identification of the applicant being identification in accordance with the requirements of section 11A; and
	(m)	shall contain the other information (if any) that is prescribed.
	(2)	An application under subsection (1) shall be notified in accordance with section 11B.
 U 	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; and
	(b)	shall be lodged with the registrar; and
	(c)	shall be accompanied by evidence of the due incorporation of the corporation; and
	(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 where the director has resided during the 3 years immediately before the date of the application; and
	(e)	except for an application for a car market operator licence—shall be accompanied by the relevant financial information referred to in subsection (2); and
	(f)	shall state the period, not longer than 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; and
	(g)	shall specify the premises where the corporation proposes to carry on business under the licence; and
	(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 under paragraph (f) is not prohibited by the provisions of the lease of the land where those premises are situated or by the Territory plan; and
	(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; and
	(j)	shall, where a director either in the ACT 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; and
	(k)	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; and
	(l)	shall be accompanied by identification of each of the directors of the corporation being identification in accordance with the requirements of section 11A; and
	(m)	shall contain such other information as is prescribed.
	(2)	For subsection (1) (e), the relevant financial information is—
	(a)	if 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 before 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 before the application for the grant of the licence; or
	(b)	if 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 before 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 is a reference to accounts within the meaning of the Corporations Act; and
	(b)	a reference to accounts in respect of a period includes 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.
 U 	11A	Identification of applicant or director
	(1)	In this section:
relevant person means—
	(a)	for an application for a licence by an individual—the applicant; or
	(b)	for an application for a licence by a corporation—a director of the corporation.
	(2)	Subject to subsection (3), for section 10 (1) (l) or 11 (1) (l), 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 paragraph (a) to (e) 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)	If 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 section 10 (1) (l) or 11 (1) (l) which the registrar considers to be satisfactory evidence of the identity of that person.
 U 	11B	Notification of application
	(1)	In this section:
relevant person means—
	(a)	for an application for a licence by an individual—the applicant; or
	(b)	for an application for a licence by a corporation—a director of the corporation.
	(2)	An application under section 10 (1) or 11 (1) shall be notified in a daily newspaper circulating in the ACT within 7 days of lodgment.
	(3)	A notice referred to in subsection (2) shall also—
	(a)	include the name of the applicant; and
	(b)	include the full name and present residential address of each relevant person; and
	(c)	indicate the type of licence applied for; and
	(d)	indicate the place where the applicant would carry on business if 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)	On 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 give 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).
 U 	13	Grant or refusal of licence
	(1)	The registrar shall grant an application for a licence unless—
	(a)	the applicant or, for an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the registrar under subsection (2); or
	(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, for 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 give to him or her, orally or in writing, the further information that he or she requires to be given.
	(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)	If—
	(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; or
	(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)	If 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)	If 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 (2), where the registrar grants an application for a licence, he or she shall issue to the applicant a licence to carry on the business of a dealer.
	(2) 	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 where the dealer or operator, as the case may be, may carry on that business.
	(3)	A licence shall be granted for a period of 12 months or for the shorter period specified in the application or the registrar allows.
 U 	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; and
	(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; and
	(c)	for 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)	if 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; and
	(b)	for 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)	if the licence is granted, the corporation intends to carry on the business during the period of the licence.
	(3)	For subsection (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.
 U 	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 if subparagraph (ii) applies—by the licensee; or
	(ii)	if the licensee is a corporation—on behalf of the corporation by a director of the corporation; and
	(b)	shall state the period, being a period not exceeding 12 months, for which renewal of the licence is sought; and
	(c)	except for 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; and
	(d)	shall specify the premises where 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 under paragraph (d) is not prohibited by the provisions of the lease of the land where those premises are situated or by the Territory plan.
 U 	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, for an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the registrar under subsection (2); or
	(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 for an application by a corporation, all or any of the directors of the corporation—
	(a)	to attend before the registrar; and
	(b)	to give to the registrar, orally or in writing, the further information that the registrar requires to be given.
	(3)	If 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)	If 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)	If 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.
 U 	14D	Renewal of licences
	(1)	If the registrar grants an application for the renewal of a licence, the registrar shall issue to the applicant a renewal of the licence to carry on business subject to any conditions imposed by the registrar.
Note	A fee or charge may be determined under s 91 (Determination of fees and charges) for this subsection or s (2).
	(2)	A licence shall be renewed for a period of 12 months or for the shorter period specified in the application or the registrar allows, but may 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.
Maximum penalty:  50 penalty units.
	(5)	Without limiting the scope of the conditions that may be imposed under subsection (3), if 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 written application 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)	If 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), if 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 that had accrued in relation to a licence and were in existence immediately before the variation of the licence.
	(6)	If 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; and
	(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)	If 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
 U 	15	Licensees to maintain dealings register
	(1)	At each place where a licensee carries on business, the licensee shall maintain a dealings register in accordance with this section.
Maximum penalty:  20 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 where it is kept; or
	(b)	a computer system approved by the registrar under subsection (4).
	(3)	If 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 subsection (4) (a) shall be in the English language and be readable on sight.
 U 	16	Information to be recorded in dealings register
	(1)	A licensee, on purchasing or otherwise acquiring a second-hand motor vehicle, whether as principal or agent, or on 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 (if known), registered number (if any), engine number and body number of the vehicle; and
	(b)	if 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; and
	(c)	the name and address of the person from whom the licensee purchased or otherwise acquired the vehicle; and
	(d)	the name of the most recent owner of the motor vehicle who was not a trade owner; and
	(e)	the date when the licensee purchased or otherwise acquired the vehicle; and
	(f)	the consideration (if any) the licensee gave for the motor vehicle.
Maximum penalty:  20 penalty units.
	(2)	A licensed dealer or licensed wholesaler, on 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 when he or she sold or otherwise disposed of the vehicle; and
	(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.
Maximum penalty:  20 penalty units.
	(3)	If 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.
Maximum penalty:  20 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 (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 (if known), registered number (if any), engine number and body number of the vehicle; and
	(b)	if 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.
Maximum penalty:  20 penalty units.
	(5)	If—
	(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 (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 that—
	(c)	identifies the location of the relevant full particulars entry in the dealings register; and
	(d)	specifies any particulars required by subsection (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 where 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 where the licensee carries on business.
 U 	17	Giving incorrect information to licensee
A person shall not give 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.
Maximum penalty:  5 penalty units.
18	Acquainting persons with requirements of Act
If a person gives 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 giving the information the requirement contained in section 17.
 U 	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 written consent 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 written consent of that person’s parent or guardian.
Maximum penalty:  20 penalty units.
 U 	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 a second-hand motor 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).
Maximum penalty:  10 penalty units.
	(2)	The required particulars for subsection (1) are—
	(a)	the name and business address of the dealer; and
	(b)	except for a sale by auction or by tender—the cash price of the vehicle; and
	(c)	if 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; and
	(d)	if the vehicle is equipped with an odometer—the distance travelled by the vehicle as recorded by the odometer and entered in the dealings register; and
	(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; and
	(f)	whether the dealer has replaced the odometer on the vehicle or it has been replaced on his or her behalf; and
	(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; and
	(h)	if the vehicle was manufactured on or after 1 January 1971—the year of manufacture and the model designation of the vehicle; and
	(i)	if 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; and
	(j)	the registration number (if any), engine number and body number of the motor vehicle; and
	(k)	for 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)	the other particulars that are prescribed.
	(3)	A notice attached to a motor vehicle under subsection (1)—
	(a)	shall consist of legible writing on white material or on material of the colour approved by the registrar; and
	(b)	shall be written in letters and figures at least 2 mm 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.
Maximum penalty:  30 penalty units.
	(5)	A dealer shall not include in a notice attached to a motor vehicle under subsection (1) any false or misleading information in respect of the motor vehicle.
Maximum penalty:  50 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 give him or her information relating to the past or present ownership of the vehicle, inform that person of—
	(a)	except if paragraph (b) applies—the name of the most recent owner of the vehicle who was not a trade owner; or
	(b)	if 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.
Maximum penalty:  10 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.
 U 	21	Action by dealer on sale of second-hand motor vehicle
	(1)	If a dealer sells a second-hand motor vehicle to which a notice has been attached in accordance with section 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; and
	(ii)	the date of delivery of the vehicle to the purchaser; and
	(iii)	the cash price for which the vehicle was sold; and
	(iv)	for 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; and
	(b)	sign those copies; and
	(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, give the purchaser the other copy of the notice.
Maximum penalty:  10 penalty units.
	(2)	For subsection (1)—
	(a)	a dealer may give a copy of a notice to a purchaser by posting it by certified mail to the purchaser at the address given by the purchaser and endorsed on the notice; and
	(b)	if 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.
 U 	22	Sale of vehicle if odometer replaced or distance altered
A dealer shall not, without the written consent of the registrar, offer or display for sale a motor vehicle if—
	(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.
Maximum penalty:  50 penalty units.
23	Obligations of dealer to repair defects in motor vehicles
	(1)	Except as provided in this section and sections 24 and 25, if a motor vehicle described in schedule 1, column 2 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 schedule 1, column 3; or
	(b)	the expiration of the period, specified opposite the description of the vehicle in schedule 1, column 4, 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 subsection (1), a defect that occurs in a vehicle includes a defect—
	(a)	that existed in the vehicle at any time before the occurrence of an event referred to in subsection (1) (a) or (b); and
	(b)	that 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 subsection (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)	If 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.
 U 	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)	If 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;
section 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, section 23 (1) does not apply in relation to any defect specified in the notice.
	(5)	If 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; and
	(b)	shall be written in letters and figures at least 2 mm 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.
 U 	25	Exceptions
	(1)	In this section:
relevant sale means a sale referred to in section 23 (1).
	(2)	Section 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; or
	(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; or
	(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)	For a second-hand motor vehicle, section 23 (1) does not apply in relation to any superficial damage to the paintwork or upholstery of the vehicle that would have been apparent on a reasonable inspection of the vehicle carried out at the time of the relevant sale of the vehicle.
	(4)	Section 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 before the day of the relevant sale; or
	(b)	a commercial vehicle; or
	(c)	a substantially demolished or substantially dismantled motor vehicle.
	(5)	If the proposed purchaser (the buyer) of a new motor vehicle is in possession of the vehicle for a period immediately before the day when the buyer purchases the vehicle from a dealer then, for section 23 (1), the buyer shall be taken to have purchased the vehicle on the day when the buyer first acquired that possession.
	(6)	Section 23 (1) does not apply in relation to a motor vehicle if—
	(a)	the motor vehicle or a class of motor vehicles that include the motor vehicle has been declared by the Minister, in writing, to be a motor vehicle or a class of motor vehicles in relation to which section 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)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(8)	If, because of a declaration by the Minister under subsection (6), a dealer would not be liable under section 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 (9) is attached to the motor vehicle.
Maximum penalty:  10 penalty units.
	(9)	The notice shall contain letters at least 5 mm in height and shall in all other respects comply with the requirements of section 24 (6) as if it were a notice attached to a motor vehicle in accordance with section 24 (2).
	(10)	If a licensed dealer sells a motor vehicle referred to in subsection (8), the dealer shall—
	(a)	sign 2 copies of the notice referred to in that subsection; and
	(b)	retain 1 copy of the notice for a period of 3 years from the date of the sale; and
	(c)	give the purchaser the other copy of the notice.
Maximum penalty:  5 penalty units.
	(11) 	For subsection (10), if 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, if—
	(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 000km 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; or
	(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; or
	(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 before the date of the sale; or
	(b)	a motorcycle that is sold by auction at a sale referred to in the Auctioneers Act 1959, section 4 (2); or
	(c)	a motorcycle or a motorcycle included in a class of motorcycles that has been declared by the Minister, in writing, 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)	A declaration under subsection (5) (c) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(7)	This section does not apply to a sale to the Territory.
 U 	25B	Cooling-off period
	(1)	A purchaser (other than 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 written notice 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; and
	(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; and
	(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 subsection (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)	The Consumer Credit (Australian Capital Territory) Code, section 125 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.
 U 	26	Sales between dealers and wholesalers
	(1)	In this section:
trade vendor means a licensed dealer or a licensed wholesaler.
	(2)	If a trade vendor (the seller) sells a second-hand motor vehicle to another trade vendor (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.
Maximum penalty:  5 penalty units.
	(3)	A trade vendor who gives a notice under subsection (2) 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.
Maximum penalty:  5 penalty units.
	(4)	The required particulars for subsection (2) are—
	(a)	the name and business address of the vendor; and
	(b)	the name and business address of the purchaser; and
	(c)	the registration number (if any), engine number and body number of the motor vehicle; and
	(d)	if the vehicle was manufactured on or after 1 January 1971—the year of manufacture and the model designation of the vehicle; and
	(e)	if 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; and
	(f)	the name and address of the most recent owner of the vehicle who was not a trade owner; and
	(g)	if the motor vehicle is equipped with an odometer—the distance travelled by the vehicle as recorded by the odometer; and
	(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; and
	(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.
 U 	27	Registrar may give opinion on disputes
	(1)	Subject to this section, if 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)	If 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.
 U 	31	Authority to dealer to sell as agent
	(1)	A dealer shall not—
	(a)	sell a second-hand motor vehicle or an interest in a 
second-hand motor vehicle for or on behalf of a person who is not a trade owner; or
	(b)	offer or display for sale a second-hand motor 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.
Maximum penalty:  10 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; and
	(b)	bear the date when it is signed by the owner; and
	(c)	contain a full statement of the terms of the authority to sell the motor vehicle or interest; and
	(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 on the written authority.
Maximum penalty:  5 penalty units.
	(4)	A written authority under this section shall cease to have effect on the expiration of 90 days from the day when 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 a second-hand 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 subsection (3) (a).

Part 4	Sale of second-hand motor vehicles generally
 U 	32	Offences by vendors
	(1)	A person (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)	if 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.
Maximum penalty:  50 penalty units.
	(2)	For subsection (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, section 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 the NSW Act, section 4.
registered means recorded in the register of interests otherwise than under the NSW Act, section 5 (3).
Note	Section 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 NSW Act, section 3 (1), definition of security interest 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 the NSW Act, section 8 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 ACT (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 the NSW Act, section 8 (1) or (5) is evidence of the matters stated in the certificate; and
	(b)	a document that appears to be a certificate issued under the NSW Act, section 8 (1) or (5) 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 the NSW Act, section 5 (3).
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 Act; 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 Act; 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 or the NSW Act has no effect. 
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
	(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
 U 	33	Payment of money into trust account
	(1)	If a licensed dealer sells a motor vehicle or an interest in a motor vehicle for or on behalf of a person, all money 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 when banks are open for business after the day when any such money is received, pay the money into a trust account maintained in accordance with subsection (3) at a bank, credit union or building society in the ACT.
Maximum penalty:  10 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’.
 U 	34	Procedure if part of consideration is not money
If 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.
Maximum penalty:  10 penalty units.
 U 	35	Application of money in trust account
	(1)	A licensed dealer shall not apply money paid into a trust account in accordance with this part except in payment to the person for whom or on whose behalf the money was received or as directed by that person.
	(2)	A licensed dealer shall not pay money 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’.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
36	Protection of trust money
	(1)	Subject to this section, money standing to the credit of a trust account maintained in accordance with this part is not available for the payment of debts of the dealer, and subject to subsection (2), is 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 money to the extent that the licensed dealer holds the trust money in trust for the person for whom or on whose behalf the money was received from being available for the discharge of the liability of the licensed dealer to that person.
 U 	37	Provisions applicable to banks
	(1)	A bank, credit union or building society where 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 where 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.
 U 	38	Accounting records
	(1)	A licensed dealer shall keep such accounting and other records as disclose particulars of all trust money received or paid by the dealer.
Maximum penalty:  20 penalty.
	(2)	A licensed dealer shall—
	(a)	keep those records—
	(i)	at the place where the dealer carries on business in the ACT; or
	(ii)	if the dealer carries on business at more than 1 place of business in the ACT—at the dealer’s principal place of business in the ACT; or
	(iii)	with the approval of the registrar, at another place in the ACT; and
	(b)	cause those records to be kept in a way that they can be conveniently and properly audited; and
	(c)	preserve those records for a period of 7 years.
Maximum penalty:  20 penalty.
	(3)	It is sufficient compliance with subsection (1) if a licensed dealer, within 7 days after the day when any trust money is received or paid, enters in the records referred to in that subsection the particulars of the money.
 U 	39	Receipts for trust money
	(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.
Maximum penalty:  10 penalty units.
 U 	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 money received and paid by the dealer during that financial year. 
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
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.
	(2)	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 money; and
	(b)	there has been any loss or deficiency of trust money or any failure to pay or account for trust money.
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 money to be audited by a person—
	(a)	who is not a registered company auditor within the meaning of the Corporations Act; or
	(b)	who is an employee of, or is the spouse of, the licensed dealer; or
	(c)	who is an employee of any other licensed dealer; or
	(d)	who is engaged in keeping and entering those records or has those records in his or her custody or control; or
	(e)	who is also a licensed dealer; or
	(f)	who is an officer or employee of a corporation that is a licensed dealer.
 U 	43	Withdrawals—deficiency suspected
	(1)	If 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 written notice to the manager or other principal officer of the bank, credit union or building society where the trust account is maintained, direct the manager or other principal officer not to pay any money out of the trust account without the registrar’s authority.
	(2)	The manager or other principal officer shall comply with a direction given under subsection (1).
Maximum penalty:  50 penalty units.

 U 	Part 6	Revocation of licences
 U 	45	Revocation of licences
Subject to section 47, the registrar may revoke a licence where—
	(a)	the licence was obtained by means of misrepresentation; or
	(b)	the dealer is convicted in Australia of an offence punishable by imprisonment for 1 year or longer; or
	(c)	the licensee is convicted of an offence against this Act; or
	(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; or
	(e)	the licensee has failed to comply with section 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.
 U 	45A	Intended change of directors—notification and objection
	(1)	In this section:
corporation means a corporation that holds a licence.
	(2)	Where a person (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; and
	(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.
 U 	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; and
	(b)	it is accompanied by certificates by 2 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.
 U 	47	Inquiry by registrar
	(1)	Subject to subsection (2), the registrar shall not revoke a licence unless the registrar has first held an inquiry.
	(2)	Where—
	(a)	the registrar holds an inquiry for section 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.
	(3)	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.
 U 	48A	Procedures for registrar taking action in relation to licences

Part 7	Inquiries by registrar
 U 	49	Inquiries
	(1)	If the registrar is required to hold an inquiry under 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)	for an inquiry in relation to the grant of a licence—to the applicant; and
	(b)	for 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 the way 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 the books, documents or writings in the custody or control of the person that he or she is required by the summons to produce.
	(2)	A summons under this section may be served—
	(a)	personally; or
	(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.
 U 	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.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(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 the Evidence Act 1971, section 57, to answer a question relevant to the proceedings put to the person by the registrar.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(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.
 U 	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.
 U 	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 the fees and travelling expenses, in accordance with the AAT determination, that 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)	If, in a case to which subsection (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)	If 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 Administrative Appeals Tribunal Act 1989, section 59 (1).
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 the reasonable period that the registrar thinks fit and may make copies of the parts of them that are relevant to a matter before the registrar.

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

Part 9	Motor vehicle dealers compensation fund
 U 	58	The compensation fund
In this part, a reference to the compensation fund is a reference to the trust account known as the Australian Capital Territory Motor Vehicle Dealers Compensation Fund as affected by the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 15.
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 the further time (if any) that the registrar, either before or after the end 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 under 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 section 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 written notice 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 section 62 (1) may, within 21 days after the date when 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 section 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)	If, 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, apart from 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
If 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
 U 	66	Definitions for pt 10
In this part, unless the contrary intention appears:
determined fee means the fee determined for section 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 fee determined under section 91 (Determination of fees and charges) for a final infringement notice.
relevant period for payment means—
	(a)	in relation to an infringement notice—28 days after the date of the notice; or
	(b)	in relation to a final infringement notice—14 days after the date of the notice; or
	(c)	any extended period the registrar allows under section 70D (4) (b).
schedule 3 offence means an offence against a provision of this Act specified in schedule 3, column 2.
 U 	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.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
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 under 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 must—
	(a)	identify the inspector who issues the notice; and
	(b)	state the full name, or surname and initials, and address of the notified person; and
	(c)	specify the nature of the alleged offence and the amount of the on-the-spot fine; and
	(d)	specify the day, time and place of the alleged commission of the offence; and
	(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; and
	(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; and
	(f)	specify the place where, and the way in which, the fine may be paid; and
	(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.
Note 	If a form is approved under s 93 (Approved forms) for an infringement notice, the form must be used.
70A	Final infringement notices
	(1)	If 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 must—
	(a)	identify the inspector who serves the notice; and
	(b)	state the full name, or surname and initials, and address of the notified person; and
	(c)	specify the nature of the alleged offence; and
	(d)	specify the amount of the on-the-spot fine and the fee determined under section 91 (Determination of fees and charges) for a final infringement notice; and
	(e)	specify the day, time and place of the alleged commission of the offence; and
	(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; and
	(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; and
	(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 fee determined under section 91 (Determination of fees and charges) for a final infringement notice 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; and
	(h)	specify the place where, and the way in which, the fine and the fee may be paid; and
	(i)	include a statement about the procedures for the withdrawal of the notice under this part; and
	(j)	be dated and signed by the inspector who serves the notice.
Note 	If a form is approved under s 93 (Approved forms) for an infringement notice, the form must be used.
70B	Discharge of liability for schedule 3 offences
	(1)	This section applies if 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 under an application under section 70C.
	(2)	If this section applies—
	(a)	any liability of the person in respect of the offence is discharged; and
	(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 this section, if a cheque is tendered in payment of the relevant amount, the 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 written notice 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 section 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)	for a decision not to withdraw an infringement notice—28 days commencing on the date of the notice under paragraph (a); or
	(ii)	for 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 written notice served on the notified person.
	(7)	The registrar shall not withdraw a notice under subsection (6) if the notified person pays the relevant amount in accordance with the notice.
	(8)	If 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 section 70D (4) (b) has ended.
	(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; or
	(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 Crimes Act 1900, section 342, in sentencing an accused for any offence, a court shall not have regard to—
	(a)	the alleged commission of any infringement notice offence; or
	(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)	that has not been found proved by a court.
70G	Service of notices
	(1)	For this part, a notice may be served on the person to whom it is directed—
	(a)	for an individual—
	(i)	by delivering it to the person personally; or
	(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)	for 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)	If 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 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 section 70D (4) (b); or
	(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
 U 	71	Determination of good fame and character
	(1)	Subject to subsection (2), a person is not of good fame and character for 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; or
	(b)	the Trade Practices Act 1974 (Cwlth); 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; and
	(b)	whether the person cooperated in the investigation of the offence; and
	(c)	the extent to which the person provided restitution to any persons who suffered loss as a result of the offence; and
	(d)	the conduct of the person before and after the offence; and
	(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 this Act.
72	Issue of copy of licence
If the registrar is satisfied that a licence issued and in force under this Act has been lost or destroyed, the registrar may issue to the person to whom that licence was issued a copy of that licence.
Note 	A fee may be determined under s 91 (Determination of fees and charges) for this section.
 U 	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.
Maximum penalty:  5 penalty units.
	(3)	If 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 cm 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.
Maximum penalty:  5 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 cm 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 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 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 subsection (5) has changed.
Maximum penalty:  5 penalty units.
	(8)	For 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.
 U 	73A	Return of licence
 U 	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.
Maximum penalty:  10 penalty units.
 U 	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.
Maximum penalty:  50 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 the document.
77	Production of identity cards
	(1)	An inspector (other than a police officer) is not entitled to exercise 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 exercise of a function by an inspector under section 76 at the premises of a licensee, means the licensee or another person referred to in section 76 (3) or (4).
78	Inspection of register
A person may inspect and take extracts from the register.
Note 	A fee may be determined under s 91 (Determination of fees and charges) for this section.
 U 	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 where the dealer carries on business.
Maximum penalty:  10 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.
Maximum penalty:  30 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; or
	(b)	refer to or describe a motor vehicle unless the vehicle is identified by its registered number or, if 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.
Maximum penalty:  30 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.
Maximum penalty:  10 penalty units.
 U 	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 where the operator carries on business.
Maximum penalty:  10 penalty units.
80	List of licensed dealers
	(1) 	As soon as practicable after 30 June in each year, the registrar must prepare a list showing, in alphabetical order, the names of the licensees on that date and their place or places of business.
	(2) 	A list under subsection (1) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
 U 	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.
Maximum penalty:  10 penalty units.
82	Licensed dealer not to be indemnified by antecedent owner
	(1)	Subject to subsection (2), if 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.
 U 	87	Service on licensees and applicants for licences
	(1)	A document required by this Act to be given to, or served on, a licensee may be given or served by leaving it at a place specified in the licence of that person as the place where 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 on 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, for a corporation, to the last-known place of residence of the director who signed the application.
88	Evidence of licensing
	(1)	A certificate signed by 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 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
If 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 on that person.
 U 	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 (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; and
	(b)	shall be lodged with the registrar within 28 days after the death or any longer period the registrar allows; and
	(c)	for 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; and
	(ii)	date and place of birth; and
	(iii)	present residential address and any other addresses where the applicant has resided during the 3 years immediately before the date of the application; and
	(d)	shall be accompanied by—
	(i)	for an applicant who is the legal personal representative of the deceased—evidence of the applicant’s appointment as legal personal representative; or
	(ii)	for 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)	for 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, for an application by a corporation, a director of the corporation, refuses or fails to comply with a requirement of the registrar under subsection (4); or
	(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 for 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 director to give to him or her, orally or in writing, the further information that the registrar requires to be given.
	(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 the shorter period specified in the application or the registrar allows.
	(6)	If 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)	If 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) 	If the registrar grants an authorisation in relation to the business of a deceased licensee, the licence held by the deceased licensee immediately before his or her death is taken to revive in favour of the applicant as if the licence had been issued to the applicant under section 14 (Issue of licences) for the period decided under subsection (5).
Note 	A fee may be determined under s 91 (Determination of fees and charges) for this section.
	(9)	A licence taken to have revived under subsection (8) may not be renewed.
 U 	90A	Power of Minister to determine fees
The Minister may, by notice in writing published in the Gazette, determine fees and charges for this Act.
 U 	91	Determination of fees and charges
 U 	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.
 U 	93	Approved forms
 U 	94	Regulation-making power

Schedule 1	Obligation of dealer to repair defects
Section 23 (1)
    
column 1
item	column 2
description of motor vehicle	column 3
kilometres	column 4
period	
1	new motor vehicle (other than 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 (other than 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 (other than 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	

 U 	Schedule 2	  
    
Form 1
(see s 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.
	
column 1
item no	column 2
item	column 3
defect	column 4
estimated cost of repair ($)	
1	Engine and cooling system			
2	Brakes—			
3		Foot			
4		Hand			
5	Transmission			
6	Clutch			
7	Gear box			
8	Differential			
9	Drive shaft assembly			
10	Electrical			
11	Lights			
12	Starter			
13	Generator/alternator			
14	Instruments			
15	Suspension and steering			
16	Body			
17	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
    
(see s 25 (8))

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 		Date
acting on his or her behalf

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
(see s 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	On-the-spot fines
(see s 66)

column 1
item	column 2
offence provision	column 3
on-the-spot fine	
1	section 15 (1)	$500	
2	section 16 (1)	$500	
3	section 16 (2)	$500	
4	section 16 (3)	$500	
5	section 20 (1)	$250	
6	section 20 (4)	$750	
7	section 21 (1)	$250	
8	section 26 (2)	$125	
9	section 73 (2)	$125	
10	section 73 (4)	$125	

 U 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.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
num = numbered	sub = substituted	
No = number	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed		
3	Legislation history
The Sale of Motor Vehicles Act 1977 was originally the Sale of Motor Vehicles Ordinance 1977.  It became an ACT Act on self-government (11 May 1989).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before self-government
Sale of Motor Vehicles Act 1977 No 29
notified 4 July 1977
s 1, s 2 commenced 4 July 1977 (s 2 (1))
ss 3, 5, 6, 32, 76-78, 84, 85, 89, 90 and 92 commenced 18 July 1977 (Cwlth Gaz 1977 No S140)
ss 4, 7-14, 33-65, 72, 73, 75, 79 (2), 80, 86-88 and 91 commenced 2 September 1977 (Cwlth Gaz 1977 No S181)
ss 15-26, 31 and 81-83 commenced 4 October 1977 (Cwlth Gaz 1977 No S210)
ss 27 and 66-71 sub before commencement
ss 28-30 om before commencement
ss 74, 79 (1) commenced 24 April 1978 (Cwlth Gaz 1978 No S70)
as amended by
Ordinances Revision Ordinance 1978 No 46 sch 2
notified 28 December 1978
commenced 28 December 1978
Sale of Motor Vehicles (Amendment) Ordinance 1980 No 39
notified 17 October 1980
commenced 17 October 1980
Ordinances Revision (Companies Amendments) Ordinance 1982 No 38 sch 4
notified 30 June 1982
commenced 1 July 1982 (s 2)
Sale of Motor Vehicles (Amendment) Ordinance 1983 No 16
notified 19 August 1983
commenced 19 August 1983
Sale of Motor Vehicles (Amendment) Ordinance (No 2) 1983 No 38
notified 29 September 1983
commenced 1 October 1983 (s 2)
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Sale of Motor Vehicles (Amendment) Ordinance 1985 No 70
notified 19 December 1985
commenced 19 December 1985
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S164)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
	Legislation after self-government
Acts Revision (Position of Crown) Act 1993 No 44 sch 1
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch 
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Statute Law Revision Act 1995 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
commenced 18 December 1995 (s 2)
Sale of Motor Vehicles (Amendment) Act 1995 No 48
notified 18 December 1995 (Gaz 1995 No S306)
ss 1-23, 24 (1), 25-68 commenced 18 December 1995 (s 2 (1))
s 24 (2) commenced 1 November 1996 (s 2 (2))
Financial Institutions (Removal of Discrimination) Act 1997 No 88 sch
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No. 49)
Road Transport Legislation Amendment Act 1999 No 79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
sch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)
Sale of Motor Vehicles Amendment Act 2001 No 13
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
s 3, s 4 and s 6 commenced 5 April 2001 (s 2 (2))
s 5 commenced 5 October 2001 (s 2 (1) and LA s 79)
Legislation (Consequential Amendments) Act 2001 No 44 pt 355
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
amdt 1.3842 commences immediately after the commencement of the amendment of the Sale of Motor Vehicles Act 1977, s 24 (1) made by the Justice and Community Safety Legislation Amendment Act 2001
amdt 1.3845 commences immediately after the commencement of the amendment of the Sale of Motor Vehicles Act 1977, s 25 (7) made by the Justice and Community Safety Legislation Amendment Act 2001
amdt 1.3850 commences immediately after the commencement of the amendment of the Sale of Motor Vehicles Act 1977, s 25B (2) made by the Justice and Community Safety Legislation Amendment Act 2001amdt 1.3863 commences immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts new sections 90A and 91 into the Sale of Motor Vehicles Act 1977amdt 1.3864 commences immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts new section 92 into the Sale of Motor Vehicles Act 1977
amdt 1.3865, amdt 1.3866 commences immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts the dictionary into the Sale of Motor Vehicles Act 1977
Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1
sch 1 awaiting commencement (s 2 (1))
Note	default commencement under LA s 79:  14 March 2002
4	Amendment history
Name of Act
s 1	sub 2001 No 70 amdt 1.74
Dictionary
s 2	sub 2001 No 70 amdt 1.74
When is a motor vehicle sold or manufactured etc
s 3 hdg	sub 2001 No 70 amdt 1.75, amdt 1.79
s 3	orig s 3 am 1982 No 38 sch 4
	def car market operator licence ins 1995 No 48 s 4
	om 2001 No 70 amdt 1.76
	def chief police officer ins 1995 No 48 s 4
	om 2001 No 70 amdt 1.76
	def committee om 2001 No 70 amdt 1.76
	def convicted ins 1995 No 48 s 4
	om 2001 No 70 amdt 1.76
	def dealer sub 1995 No 48 s 4
	om 2001 No 70 amdt 1.76
	def dealings register om 2001 No 70 amdt 1.76
	def demonstrator vehicle om 1995 No 48 s 4
	def director om 2001 No 70 amdt 1.76
	def exempt trader om 1995 No 48 s 4
	def good fame and character ins 1995 No 48 s 4
	om 2001 No 70 amdt 1.76
	def inspector sub 1994 No 97 sch
	om 2001 No 70 amdt 1.76
	def prescribed fee ins 1983 No 38 s 4
	om 1995 No 48 s 4
	defs reloc to dict 2001 No 70 amdt 1.77
	am 2001 No 70 amdt 1.78
	s 3 (2) renum as s 3 2001 No 70 amdt 1.79
Position of Crown
s 3A	ins 1993 No 44 sch 1
	renum as s 4A 2001 No 70 amdt 1.81
Notes
s 4	om 1995 No 48 s 5
	ins 2001 No 70 amdt 1.80
Application of Act to motor dealings by Territory
s 4A	(prev s 3A) ins 1993 No 44 sch 1
	renum 2001 No 70 amdt 1.81
Registrar
s 5	am 1989 No 38 sch 1
	sub 1994 No 97 sch
	am 2001 No 70 amdt 1.83
Deputy registrar
s 5A	ins 1994 No 97 sch
	am 2001 No 70 amdt 1.83
Inspectors
s 5B	ins 1994 No 97 sch 
	am 1995 No 48 s 6; 2001 No 70 amdt 1.83
Identity cards
s 5C	ins 1994 No 97 sch
	am 1998 No 54 sch
Licences to carry on business as a dealer, wholesaler or car market operator
pt 2 hdg	am 1995 No 48 s 7
Meaning of dealer
s 6A	ins 1995 No 48 s 8
	am 2001 No 70 amdt 1.84
Meaning of relevant chief executive in pt 2
s 6B	ins 1995 No 48 s 8
	am 2001 No 70 amdt 1.85, amdt 1.86
Licensing of dealers
s 7	sub 1995 No 48 s 9
	am 2001 No 70 amdt 1.87
Licensing of wholesalers
s 7A	ins 1995 No 48 s 9
	am 2001 No 70 amdt 1.87
Licensing of car market operators
s 7B	ins 1995 No 48 s 9
	am 2001 No 70 amdt 1.87
Eligibility for the grant of licences to individuals
s 8	sub 1995 No 48 s 9
	am 2001 No 70 amdt 1.88
Eligibility for the grant of licences to corporations
s 9	sub 1995 No 48 s 9
	am 2001 No 70 amdt 1.89, amdt 1.90
Applications for licences by individuals
s 10	am 1995 No 48 s 10
	am 2001 No 70 amdts 1.91-1.93; pars renum R4 LA
Applications for licences by corporations
s 11	am 1995 No 48 s 11 and sch 3
	am 2001 No 70 amdts 1.94-1.99; pars renum R4 LA
Identification of applicant or executive officer
s 11A	ins 1995 No 48 s 12
	am 2001 No 70 amdt 1.100, amdt 1.101
Notification of application
s 11B	ins 1995 No 48 s 12
Certificates of convictions
s 12	am 1978 No 46 sch 2
	sub 1995 No 48 s 12
Grant or refusal of licence
s 13	am 1994 No 60 sch 1; 1995 No 48 s 13 and sch 3; 2001 No 70 amdts 1.102-1.105
Issue of licences
s 14	am 1995 No 48 s 14; 2001 No 44 amdt 1.3839; ss renum R4 LA
Eligibility for renewal of licences
s 14A	ins 1995 No 48 s 15
	am 2001 No 70 amdt 1.106, amdt 1.107
Applications for renewal of licences
s 14B	ins 1995 No 48 s 15
	am 2001 No 70 amdt 1.108
Grant or refusal of renewal of licences
s 14C	ins 1995 No 48 s 15
	am 2001 No 70 amdt 1.109, amdt 1.110
Renewal of licences
s 14D	ins 1995 No 48 s 15
	am 2001 No 44 amdts 1.3839-1.3841; 2001 No 70 amdt 1.111
Variation of licences
s 14E	ins 1995 No 48 s 15
Licensees to maintain dealings register
s 15	sub 1995 No 48 s 16
	am 2001 No 70 amdt 1.112
Information to be recorded in dealings register
s 16	am 1995 No 48 s 17 and sch 3; 2001 No 70 amdt 1.112
Giving incorrect information to licensee
s 17	am 1995 No 48 s 18; 2001 No 70 amdt 1.113
Acquainting persons with requirements of Act
s 18	am 1995 No 48 s 19
Dealings with persons under 18 years
s 19	am 1995 No 48 s 20; 2001 No 70 amdt 1.114, amdt 1.115
Dealer to attach notice to second-hand vehicle
s 20	am 1995 No 48 s 21 and sch 3; 2001 No 70 amdts 1.116-1.119
Action by dealer on sale of second-hand motor vehicle
s 21	am 1985 No 70 s 4; 1995 No 48 s 22; pars renum R4 LA
Sale of vehicle if odometer replaced or distance altered
s 22	am 1995 No 48 s 23; 2001 No 70 amdt 1.120
Obligations of dealer to repair defects in motor vehicles
s 23	am 1980 No 39 s 2; 1985 No 70 s 5; 1989 No 38 sch 1
	sub 1995 No 48 s 24
Excluded defects
s 24	sub 1995 No 48 s 24
	am 2001 No 44 amdt 1.3842; 2001 No 70 amdt 1.121
Exceptions
s 25	sub 1995 No 48 s 24
	am 2001 No 44 amdts 1.3843, amdt 1.3844, amdt 1.3845; ss renum R4 LA (see 2001 No 44 amdt 1.3846); 2001 No 70 amdts 1.122-1.124
Obligations of dealer to repair defects in motorcycles
s 25A	ins 1995 No 48 s 24
	am 2001 No 44 amdts 1.3847-1.3849
Cooling-off period
s 25B	ins 1995 No 48 s 24
	am 1995 No 48 s 24; 2001 No 44 amdt 1.3850; 2001 No 70 amdt 1.125
Sales between dealers and wholesalers
s 26	am 1995 No 48 s 25 and sch 3; 2001 No 70 amdt 1.126; ss renum R4 LA
Registrar may give opinion on disputes
s 27	sub 1983 No 16 s 3
	am 1995 No 48 sch 3; 1999 No 79 sch 3; 2001 No 70 amdt 1.127
Registrar may refer dispute to court of petty sessions
s 28	om 1983 No 16 s 3
Appeal to the court of petty sessions
s 29	om 1983 No 16 s 3
Appeal to the Supreme Court
s 30	om 1983 No 16 s 3
Authority to dealer to sell as agent
s 31	am 1995 No 48 s 26 and sch 3; 2001 No 70 amdt 1.128, amdt 1.129
Offences by vendors
s 32	am 1995 No 48 s 27 and sch 3; 2001 No 70 amdt 1.130
Definitions for pt 4A
s 32A	ins 2001 No 13 s 4
Expressions in pt 4A have same meanings as in NSW Act
s 32B	ins 2001 No 13 s 4
Registration of interests
s 32C	ins 2001 No 13 s 4
Search certificates and notice
s 32D	ins 2001 No 13 s 4
Purchasing motor vehicle with registrable interest
s 32E	ins 2001 No 13 s 4
Liability of dealer to creditor if registrable interest defeated
s 32F	ins 2001 No 13 s 4
Effect of part payment at time of acquisition
s 32G	ins 2001 No 13 s 4
Revival of registrable interest on rescission of contract
s 32H	ins 2001 No 13 s 4
Contracting out of operation of pt 4A etc
s 32I	ins 2001 No 13 s 4
	am 2001 No 44 amdt 1.3851
Payment of money into trust account
s 33	am 1995 No 48 s 28 and sch 3; 1997 No 88 sch; 2001 No 70 amdt 1.131
Procedure if part of consideration is not money
s 34	am 1995 No 48 s 29 and sch 3; 2001 No 70 amdt 1.132
Application of money in trust account
s 35	am 1995 No 48 s 30; 2001 No 70 amdts 1.133-1.135
Provisions applying to banks etc
s 37	am 1997 No 88 sch; 2001 No 70 amdt 1.136
Accounting records
s 38	am 1995 No 48 s 31 and sch 3; 2001 No 70 amdt 1.137
Receipts for trust money
s 39	am 1995 No 48 s 32 and sch 3; 2001 No 70 amdts 1.138-1.140
Audit of trust accounts
s 40	am 1995 No 48 s 33 and sch 3; 2001 No 70 amdt 1.141
Auditor’s report
s 41	am 1995 No 48 s 34 and sch 3; ss renum R4 LA
Qualification of auditors
s 42	am 1982 No 38 sch 4; 1995 No 46 sch; 1995 No 48 s 35 and sch 3
Withdrawals—deficiency suspected
s 43	am 1995 No 48 s 36; 1997 No 88 sch; 2001 No 70 amdt 1.142
Offences against this part
s 44	om 1998 No 54 sch
Change of executive officers of corporate licensees
pt 6 hdg	sub 2001 No 70 amdt 1.143
Intended change of executive officers—notification and objection
s 45	am 1995 No 48 s 37
	sub 2001 No 70 amdt 1.143
Intended change of directors—notification and objection
s 45A	ins 1995 No 48 s 38
	om 2001 No 70 amdt 1.143
Change of executive officers—objection by chief police officer
s 46	am 1995 No 48 s 39
	sub 2001 No 70 amdt 1.143
Cancellation of licences by registrar
s 47	am 1995 No 48 s 40 and sch 3
	sub 2001 No 70 amdt 1.143
	ss renum R4 LA
Disciplinary proceedings
pt 6A hdg	ins 2001 No 70 amdt 1.143
When registrar may take action in relation to licences
s 48 hdg	am 1995 No 48 notes
s 48	am 1994 No 60 sch 1; 1995 No 48 sch 3
	sub 2001 No 70 amdt 1.143
Procedures for registrar taking action in relation to licences
s 48A	ins 2001 No 70 amdt 1.143
Inquiries
s 49	am 1989 No 38 sch 1; 1995 No 48 s 41 and sch 3; 1997 No 96 sch 1; 2001 No 70 amdt 1.144
Power to summon witnesses
s 50	am 1995 No 48 sch 3
Failure to attend or to produce documents
s 51	am 1995 No 48 s 42 and sch 3; 2001 No 70 amdt 1.145
Refusal to be sworn or give evidence
s 52	am 1995 No 48 s 43 and sch 3
Protection of representatives, witnesses etc
s 53	am 1997 No 96 sch 1; 2001 No 70 amdt 1.146
Protection of registrar and deputy registrar
s 54	am 2001 No 70 amdt 1.147
Fees and expenses to witnesses
s 55	am 1983 No 16 s 4; 1989 No 38 sch 1; 1995 No 48 s 44
Registrar may inspect books etc
s 56	am 1995 No 48 sch 3
Review by administrative appeals tribunal
s 57	am 1989 No 38 sch 1; 1994 No 60 sch 1
	sub 1995 No 48 s 45
	am 2001 No 70 amdts 1.148-1.150; pars renum R4 LA
The compensation fund
s 58	am 1995 No 48 s 46
	am 2001 No 70 amdt 1.151
Contributions to the Compensation Fund by dealers
s 59	am 1983 No 38 s 5; 1995 No 48 s 47
	om 2001 No 44 amdt 1.3852
Registrar to determine applications
s 61	am 1995 No 48 sch 3
Registrar to notify applicant of determination
s 62	am 1995 No 48 sch 3
Review of determination
s 63	am 1985 No 67 sch pt 1
Payment of compensation
s 64	am 1995 No 48 s 48
Subrogation
s 65	am 1995 No 48 s 49
Enforcement
pt 10 hdg	sub 1995 No 48 s 50
Definitions for pt 10
s 66	sub 1995 No 48 s 50
	am 2001 No 44 amdt 1.3853; 2001 No 70 amdt 1.152, amdt 1.153
Hindering of registrar etc
s 67	sub 1995 No 48 s 50; 2001 No 70 amdt 1.154
Offence by employee—liability of employer
s 68	sub 1995 No 48 s 50
Institution of proceedings
s 69	sub 1995 No 48 s 50
Infringement notices
s 70	sub 1995 No 48 s 50
	am 2001 No 44 amdt 1.3854, amdt 1.3855
Final infringement notices
s 70A	ins 1995 No 48 s 50
	am 2001 No 44 amdts 1.3856-1.3858; pars renum R4 LA
Discharge of liability for schedule 3 offences
s 70B	ins 1995 No 48 s 50
Application for withdrawal of infringement notices
s 70C	ins 1995 No 48 s 50
Withdrawal of infringement notices
s 70D	ins 1995 No 48 s 50
Prosecution of schedule 3 offences
s 70E	ins 1995 No 48 s 50
Non-antecedent value of infringement notice offences
s 70F	ins 1995 No 48 s 50
Service of notices
s 70G	ins 1995 No 48 s 50
Evidence
s 70H	ins 1995 No 48 s 50
Working out whether person suitable or unsuitable
s 71	sub 1995 No 48 s 51; 2001 No 70 amdt 1.155; pars renum R4 LA
Issue of copy of licence
s 72	am 1995 No 48 s 52 and sch 3; 2001 No 44 amdt 1.3859, amdt 1.3860
Display of licence and notice
s 73	sub 1995 No 48 s 53
	am 2001 No 70 amdt 1.156
Return of licence
s 73A	ins 2001 No 70 amdt 1.157
Notification of commencement or cessation of business at a place
s 74	sub 1995 No 48 s 53
	am 2001 No 70 amdt 1.158, amdt 1.159
Licensed dealer to notify registrar of cessation or commencement of business at a place
s 75	om 1995 No 48 s 53
Inspection
s 76	sub 1995 No 48 s 54
	am 2001 No 70 amdt 1.160
Production of identity cards
s 77	sub 1994 No 97 sch
	am 1995 No 48 s 55
Inspection of register
s 78	am 1995 No 48 s 56; 2001 No 44 amdt 1.3859, amdt 1.3860
Advertisements by licensed dealers
s 79	sub 1995 No 48 s 57
	am 2001 No 70 amdts 1.161-1.163
Advertisements by licensed car market operators
s 79A	ins 1995 No 48 s 57
	am 2001 No 70 amdt 1.164
List of licensed dealers
s 80	sub 1995 No 48 s 57; 2001 No 44 amdt 1.3861
Submission of documents for signature
s 81	am 1995 No 48 s 58 and sch 3; 2001 No 70 amdt 1.165
Contracting out
s 83	am 1995 No 48 s 59
Obstruction etc of registrar or inspector
s 85	om 1995 No 48 s 60
Notice of dissolution of partnership
s 86	om 1995 No 48 s 60
Service on licensees and applicants for licences
s 87	am 1995 No 48 s 61 and sch 3; 2001 No 70 amdt 1.166
Temporary revival of licence following death of licensee
s 89A	ins 1995 No 48 s 62
	am 2001 No 44 amdt 1.3862 ; 2001 No 70 amdts 1.167-1.170
Annual report
s 90	om 1995 No 25 sch
Power of Minister to determine fees
s 90A	ins 1983 No 38 s 6
	sub 2001 No 70 amdt 1.171
	om 2001 No 44 amdt 1.3863
Determination of fees and charges
s 91	am 1994 No 60 sch 1
	om 1995 No 48 s 63
	sub 2001 No 44 amdt 1.3863; 2001 No 70 amdt 1.171
Exemption of vehicles from Act
s 92	orig s 92 renum as s 94 2001 No 44 amdt 1.3864
	pres s 92 ins 2001 No 44 amdt 1.3863
Approved forms
s 93	ins 2001 No 44 amdt 1.3863
Regulation-making power
s 94	(prev s 92) am 1989 No 38 sch 1
	sub 2001 No 70 amdt 1.172
	pres s 94 ins 2001 No 44 amdt 1.3864
Obligation of dealer to repair defects
sch 1	ins 1995 No 48 s 64
Forms
sch 2 hdg	(prev sch hdg) am 1995 No 48 s 65
sch 2	(prev sch) am 1989 No 38 sch 1; 1995 No 48 s 65
	om 2001 No 70 amdt 1.173
On-the-spot fines
sch 3	ins 1995 No 48 s 66
Dictionary
dict	ins 2001 No 70 amdt 1.174
	defs reloc from s 3 (1) 2001 No 70 amdt 1.77
	def accessory sub 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def body number reloc from s 3 2001 No 70 amdt 1.77
	def business ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def car market operator ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def cash price am 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def charge ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def commercial vehicle sub 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def creditor ins 2001 No 13 s 5
	def debtor ins 2001 No 13 s 5
	def demonstrator ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def deputy registrar ins 1994 No 97 sch
	reloc from s 3 2001 No 70 amdt 1.77
	def determined fee ins 1995 No 48 s 4
	om 2001 No 70 amdt 1.76
	ins 2001 No 70 amdt 1.74
	om 2001 No 44 amdt 1.3865
	def director-general ins 2001 No 13 s 5
	def financier reloc from s 3 2001 No 70 amdt 1.77
	def hire-purchase agreement ins 2001 No 13 s 5
	def hire-purchase agreement reloc from s 3 2001 No 70 amdt 1.77
	def hirer ins 2001 No 13 s 5
	def lease ins 2001 No 13 s 5
	def licence sub 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def licensed car market operator ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def licensed dealer am 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def licensed wholesaler ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def manufacturer reloc from s 3 2001 No 70 amdt 1.77
	def model designation reloc from s 3 2001 No 70 amdt 1.77
	def motorcycle reloc from s 3 2001 No 70 amdt 1.77
	def motor vehicle ins 1985 No 70 s 3
	reloc from s 3 2001 No 70 amdt 1.77
	am 2001 No 44 amdt 1.3866
	def new motor vehicle ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def non-dealer ins 2001 No 13 s 5
	def notice ins 2001 No 13 s 5
	def odometer reloc from s 3 2001 No 70 amdt 1.77
	def owner reloc from s 3 2001 No 70 amdt 1.77
	def owner ins 2001 No 13 s 5
	def participating State ins 2001 No 13 s 5
	def payment ins 2001 No 13 s 5
	def premises ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def purchase ins 2001 No 13 s 5
	def qualified accountant ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def register reloc from s 3 2001 No 70 amdt 1.77
	def registered ins 2001 No 13 s 5
	def register of interests ins 2001 No 13 s 5
	def registrar sub 1994 No 97 sch
	reloc from s 3 2001 No 70 amdt 1.77
	def registrable interest ins 2001 No 13 s 5
	def security interest ins 2001 No 13 s 5
	def sell reloc from s 3 2001 No 70 amdt 1.77
	def the NSW Act ins 2001 No 13 s 5
	def trade owner am 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def tribunal sub 1989 No 38 sch 1
	om 1994 No 60 sch 1
	def vehicle sale licence ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
	def wholesaler ins 1995 No 48 s 4
	reloc from s 3 2001 No 70 amdt 1.77
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Ord 1989 No 38	30 June 1991	
2	Act 1995 No 48	31 January 1996	
3	Act 1998 No 54	31 March 1999	
6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
1	Legislation (Consequential Amendments) Act 2001 No 44 pt 355 (in part)
[1.3842]	Section 24 (1), definition of defect notice
omit
by the registrar
substitute
under section 93 (Approved forms)
	(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the amendment of the Sale of Motor Vehicles Act 1977, section 24 (1) made by the Justice and Community Safety Legislation Amendment Act 2001, whichever is later)
[1.3845]	Section 25 (8)
omit
by the registrar
substitute
under section 93 (Approved forms)
	(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the amendment of the Sale of Motor Vehicles Act 1977, section 25 (7) (other than the amendment of the penalty) made by the Justice and Community Safety Legislation Amendment Act 2001, whichever is later)
[1.3850]	Section 25B (2)
omit
by the registrar
substitute
under section 93 (Approved forms)
	(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the amendment of the Sale of Motor Vehicles Act 1977, section 25B (2) made by the Justice and Community Safety Legislation Amendment Act 2001, whichever is later)
[1.3863]	Sections 90A and 91
substitute
91 	Determination of fees and charges
	(1) 	The Minister may, in writing, determine fees and charges for this Act.
Note 	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3).
	(2) 	Without limiting subsection (1), the Minister may determine the charge payable as contribution to the compensation fund in relation to the issue of a licence to a dealer or the renewal of a licence held by a dealer.
	(3) 	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
92 	Exemption of vehicles from Act
	(1) 	The Minister may, in writing, declare that a vehicle is not a motor vehicle for this Act.
	(2) 	A declaration is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
93 	Approved forms
	(1) 	The registrar may, in writing, approve forms for this Act.
	(2) 	If the registrar approves a form for a particular purpose, the approved form must be used for that purpose.
	(3) 	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts new sections 90A and 91 into the Sale of Motor Vehicles Act 1977, whichever is later)
[1.3864]	Section 92
substitute
94 	Regulation-making power
The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts new section 92 into the Sale of Motor Vehicles Act 1977, whichever is later)
[1.3865]	Dictionary, definition of determined fee
omit
	(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts the dictionary into the Sale of Motor Vehicles Act 1977, whichever is later)
[1.3866]	Dictionary, definition of motor vehicle
omit
by notice in the Gazette
substitute
under section 92
	(commencement:  the commencement of section 3 of this Act or immediately after the commencement of the provision of the Justice and Community Safety Legislation Amendment Act 2001 that inserts the dictionary into the Sale of Motor Vehicles Act 1977, whichever is later)
2	Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1
[1.74] 	Sections 1 and 2
	Omit the sections, substitute the following sections:
1	Name of Act
		This Act is the Sale of Motor Vehicles Act 1977.
2	Dictionary
		The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘dealer—see section 6A.’ means that the word ‘dealer’ is defined in the section 6A.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
 [1.75] 	Section 3
	Omit the heading.
[1.76] 	Subsection 3 (1) (definitions of car market operator licence, chief police officer, committee, convicted, dealer, dealings register, determined fee, director, good fame and character and inspector)
	Omit the definitions.
[1.77] 	Subsection 3 (1)
	Relocate all the definitions (except those omitted by amendment [1.76]) to the dictionary.
[1.78] 	Subsection 3 (1)
	Omit the remainder of the subsection.
[1.79] 	Subsection 3 (2)
	Renumber as section 3 and insert the following heading:
3	When is a motor vehicle sold or manufactured etc
[1.80] 	New section 4
	After section 3, insert the following section:
4	Notes
	A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
[1.81] 	Section 3A
	Renumber the section as section 4A.
[1.82] 	Section 4A, heading
	Omit the heading, substitute the following heading:
4A	Application of Act to motor dealings by Territory
[1.83] 	Subsections 5 (2) and (3), 5A (3) and (4) and 5B (2) and paragraph 5B (3) (a)
	Omit “government service”, substitute “public service”.
[1.84] 	Subsection 6A (3)
	Omit “paragraph 3 (2) (a)”, substitute “paragraph 3 (a)”.
[1.85] 	Section 6B, heading
	Omit the heading, substitute the following heading:
6B	Meaning of relevant chief executive in pt 2
[1.86] 	Section 6B
	Omit “, unless the contrary intention appears”.
[1.87] 	Sections 7, 7A and 7B
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.88] 	Paragraph 8 (1) (b)
	Omit “of good fame and character”, substitute “a suitable person”.
[1.89] 	Paragraph 9 (a)
Omit “directors”, substitute “executive officers”.
[1.90] 	Paragraph 9 (a)
	Omit “person of good fame and character”, substitute “suitable person”.
[1.91] 	Paragraphs 10 (1) (a) and (b)
	Insert “and” at the end of each paragraph.
[1.92] 	Subparagraphs 10 (1) (c) (i) and (ii)
	Insert “and” at the end of each subparagraph.
[1.93] 	Paragraphs 10 (1) (c) to (l)
	Insert “and” at the end of each paragraph.
[1.94] 	Paragraph 11 (1) (a)
	Omit “a director”, substitute “an executive officer”.
[1.95] 	Paragraph 11 (1) (d)
	Omit “director”, substitute “executive officer”.
[1.96] 	Paragraph 11 (1) (d)
Omit “director’s”, substitute “executive officers”.
[1.97] 	Paragraph 11 (1) (i)
	Omit “directors”, substitute “executive officers”.
[1.98] 	Paragraph 11 (1) (j)
	Omit “director”, substitute “an executive officer”.
[1.99] 	Paragraph 11 (1) (l)
	Omit “directors’, substitute “executive officers’.
[1.100] 	Section 11A (heading)
	Omit “director”, substitute “executive officer”.
[1.101] 	Paragraphs 11A (1) (b) and 11B (1) (b) (definition of relevant person)
	Omit “a director”, substitute “an executive officer”.
[1.102] 	Paragraph 13 (1) (a)
	Omit “a director of the corporation, refuses or”, substitute “an executive officer of the corporation,”.
[1.103] 	Subsection 13 (2)
	Omit “directors”, substitute “executive officers”.
[1.104] 	Subsection 13 (2)
	Omit “a director”, substitute “an executive officer”.
[1.105] 	Paragraph 13 (4) (b)
	Omit “not a person of good fame and character”, substitute “an unsuitable person”.
[1.106] 	Paragraph 14A (1) (a)
	Omit “person of good fame and character”, substitute “suitable person”.
[1.107] 	Paragraph 14A (2) (a)
	Omit the paragraph, substitute the following paragraph:
	(a)	each of the executive officers of the corporation is a suitable person; and
[1.108] 	Subparagraph 14B (a) (ii)
	Omit “a director”, substitute “an executive officer”.
[1.109] 	Paragraph 14C (1) (a)
	Omit “a director of the corporation, refuses or”, substitute “an executive officer of the corporation,”.
[1.110] 	Subsection 14C (2)
	Omit “directors”, substitute “executive officers”.
[1.111] 	Subsection 14D (4)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units.
[1.112] 	Subsections 15 (1) and 16 (1), (2), (3) and (4)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  20 penalty units.
[1.113] 	Section 17
	Omit the penalty, substitute the following penalty:
Maximum penalty:  5 penalty units.
[1.114] 	Subsection 19 (1)
	Add at the end the following penalty:
Maximum penalty:  20 penalty units.
[1.115] 	Subsection 19 (2)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  20 penalty units.
[1.116] 	Subsection 20 (1)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  10 penalty units.
[1.117] 	Subsection 20 (4)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  30 penalty units.
[1.118] 	Subsection 20 (5)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units.
[1.119] 	Subsections 20 (6) and 21 (1)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  10 penalty units.
[1.120] 	Section 22
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units.
[1.121] 	Subsection 24 (1) (definition of defect notice)
	Omit “form 1 in schedule 2”, substitute “the defect notice form approved by the registrar”.
[1.122]	Subsection 25 (8)
	Omit “form 2 in schedule 2”, substitute “the exemption notice form approved by the registrar”.
[1.123] 	Subsection 25 (8)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  10 penalty units.
[1.124] 	Subsection 25 (10)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  5 penalty units.
[1.125] 	Subsection 25B (2)
	Omit “form 3 in schedule 2”, substitute “the loss of right to terminate form approved by the registrar”.
[1.126] 	Subsections 26 (2) and (3)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  5 penalty units.
[1.127] 	Subsection 27 (1)
	Omit “after the commencement of the Sale of Motor Vehicles (Amendment) Act 1983”.
[1.128] 	Subsection 31 (1)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  10 penalty units.
[1.129] 	Subsection 31 (3)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  5 penalty units.
[1.130] 	Subsection 32 (1)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units.
[1.131] 	Subsection 33 (2)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  10 penalty units.
[1.132] 	Section 34
	Omit the penalty, substitute the following penalty:
Maximum penalty:  10 penalty units.
[1.133] 	Subsection 35 (1)
	Add at the end the following penalty:
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.134] 	Subsection 35 (2)
	Omit “and marked”.
[1.135] 	Subsection 35 (2)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.136] 	Section 37, heading
	Omit the heading, substitute the following heading:
37	Provisions applying to banks etc
[1.137] 	Subsections 38 (1) and (2)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  20 penalty units.
[1.138] 	Subsections 39 (1) and (2)
	Omit the subsections, substitute the following subsections:
	(1)	If a licensed dealer receives trust money from a person, the dealer must give the person a receipt that—
	(a)	complies with subsections (3) and (4); and
	(b)	states briefly the subject matter or purpose for which the money was received.
Maximum penalty:  10 penalty units.
	(2)	If a licensed dealer gives a person a receipt under subsection (1), the dealer must keep a legible carbon duplicate of the receipt that complies with subsections (3) and (4).
Maximum penalty:  10 penalty units.
[1.139] 	Paragraph 39 (4) (a)
	Omit “thereon”, substitute “on it”.
[1.140] 	Subsection 39 (4), penalty
	Omit the penalty.
[1.141] 	Section 40
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.142] 	Subsection 43 (2)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units.
[1.143] Part 6
	Omit the Part, substitute the following Parts:
Part 6	Change of executive officers of corporate licensees
45	Intended change of executive officers—notification and objection
	(1)	If a person (the prospective executive officer) intends becoming an executive officer of a corporate licensee, the person must notify that intention by notice published in a daily newspaper circulating in the ACT.
	(2)	The notice must—
	(a)	include the full name and current residential address of the prospective executive officer; and
	(b)	include the name of the corporate licensee; and
	(c)	state that, if a person wishes to object to the continuation of the licensee’s licence if the prospective executive officer becomes a an executive officer, the person must object by notice given to the registrar within 14 days at the registrar’s address stated in the notice.
	(3)	The prospective executive officer must give a copy of the notice submitted to the newspaper to the chief police officer as soon as practicable after submitting it for publication.
	(4)	The registrar must hold an inquiry to decide whether the prospective executive officer is a suitable person if—
	(a)	the registrar receives an objection within the time mentioned in subsection (2) (c); and
	(b)	the registrar is satisfied that the objection is not frivolous or vexatious.
46	Change of executive officers—objection by chief police officer
	(1)	If a person (the new executive officer) becomes an executive officer of a corporate licensee, the licensee must, within 21 days after the new executive officer becomes an executive officer, give the registrar written notice that the new executive officer has become an executive officer.
	(2)	The notice must—
	(a)	state the full name and date of birth of the new executive officer; and
	(b)	state the current residential address of the new executive officer and any other residential addresses during the last 3 years; and
	(c)	if the person has, in the ACT or elsewhere, previously carried on the business of a dealer or been employed by a dealer—provide details of the business or employment.
	(3)	The registrar must give a copy of the notice to the chief police officer.
	(4)	The chief police officer may, by written notice given to the registrar, object to the continuation of the corporate licensee’s licence on the ground that the new executive officer is an unsuitable person.
	(5)	The chief police officer must give the objection to the registrar within 21 days after the notice under subsection (1) is given to the registrar.
47	Cancellation of licences by registrar
	(1)	The registrar may cancel the licence of a corporate licensee if, after holding an inquiry, the registrar is satisfied that a person (the relevant person) who has become, or intends becoming, an executive officer of the licensee is an unsuitable person.
	(2)	However, the registrar may cancel the licence of the corporate licensee without holding an inquiry if—
	(a)	the registrar decided at an inquiry under section 45 (4) that the relevant person was an unsuitable person; and
	(b)	the registrar believes on reasonable grounds that the relevant person has become an executive officer of the licensee.
	(3)	The registrar must tell the licensee in writing of the cancellation of the licence.
Part 6A	Disciplinary proceedings
48	When registrar may take action in relation to licences
	(1)	The registrar may take action under section 48A in relation to a licensee if—
	(a)	the licence held by the person was granted, or renewed or varied, because of a false or misleading statement made, or false or misleading information provided, by the person in or in relation to the application for the licence or for renewal or variation of it; and
	(b)	the person is no longer eligible to apply for, or for renewal of, a licence or the licence held by the person.
Examples of when individual licensees no longer eligible to apply
1	The licensee is an unsuitable person because the licensee has committed an offence against the Act.
2	The licensee has become bankrupt.
3	The licensee is unlikely to be able to continue to comply with the obligations applying to the licence.
4	If the licensee holds a vehicle sale licence, the licensee does not have sufficient material and financial resources to carry on the business in accordance with this Act.
Examples of when corporate licensees no longer eligible to apply
1	An executive officer of the licensee is an unsuitable person because the executive officer has committed an offence involving dishonesty.
2	If the licensee holds a vehicle sale licence, the licensee does not have sufficient material and financial resources to carry on the business in accordance with this Act.
48A	Procedures for registrar taking action in relation to licences
	(1)	The registrar may take 1 or more of the following actions under this section in relation to a licence:
	(a)	reprimand the licensee;
	(b)	require the licensee to comply with a stated requirement within a stated period;
	(c)	impose a condition on the licence;
	(d)	suspend the licence for not longer than 1 year;
	(e)	disqualify the licensee from holding a licence permanently or for a stated period; 
	(f)	cancel the licence.
	(2)	Without limiting paragraph (1) (b), a requirement under the paragraph may require the licensee—
	(a)	to make an additional contribution to the compensation fund within a stated period; or
	(b)	to indemnify, within a stated time, the compensation fund to a stated extent if something happens because of anything done or omitted to be done by the licensee.
	(3)	If the registrar proposes to take any action under this section in relation to a licence, the registrar must give the licensee a notice that—
	(a)	states the proposed action, including any proposed suspension period and any proposed period of disqualification; and
	(b)	states the grounds for the proposed action; and
	(c)	invites the licensee to make written representations, within a stated period of at least 14 days after the licensee is given the notice, why the proposed action should not be taken.
	(4)	If, after considering any written representations made by the licensee within the stated period, the registrar is satisfied on reasonable grounds that a ground mentioned in section 48 (When registrar may take action in relation to licences) exists to take action under this section in relation to the licensee, the registrar may take the following action:
	(a)	if the proposed action included reprimanding the licensee—reprimand the licensee;
	(b)	if the proposed action included requiring the licensee to comply with a stated requirement within a stated period—make the requirement, reprimand the licensee or both;
	(c)	if the proposed action included imposing a condition on the licence—impose the condition, reprimand the licensee or both;
	(d)	if the proposed action included disqualifying the licensee from applying for a licence for a stated period—cancel the licence, or suspend the licence for not longer than that period, and disqualify the person from applying for a licence for not longer than that period;
	(e)	if the proposed action included disqualifying the licensee from applying for a licence permanently—cancel the licence, or suspend the licence for not longer than 1 year, and disqualify the person from applying for a licence permanently or for not longer than 5 years;
	(f)	if the proposed action included suspending the licence for a stated period—suspend the licence not longer than that period or reprimand the licensee;
	(g)	if the proposed action included cancelling the licence—cancel the licence, suspend the licence for not longer than 1 year or reprimand the licensee.
	(5)	The registrar must tell the licensee in writing of the decision.
	(6)	If the registrar decides to suspend or cancel the licence, or disqualify the licensee from applying for a licence, the registrar must also tell the licensee in writing when the suspension, cancellation or disqualification takes effect.
	(7)	A suspension or cancellation must not take effect earlier than 7 days after the licensee is told about the decision.
	(8)	If the registrar suspends a licensee’s licence, the licensee is, during the period of the suspension—
	(a)	taken not to be licensed; and
	(b)	disqualified from applying for a licence.
	(9)	If a person is disqualified from applying for a licence under this section, the person is not eligible to apply for a licence while the person is disqualified.
[1.144]	Subsections 49 (7) and (8)
	Omit “legal practitioner”, substitute “lawyer”.
[1.145]	Subsections 51 (1) and 52 (1)
	Omit the penalty, substitute the following penalty:
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.146]	Subsection 53 (1)
	Omit “legal practitioner”, substitute “lawyer”.
[1.147]	Section 54
	Omit “of motor vehicle dealers”.
[1.148]	Paragraphs 57 (1) (i) to (l)
Omit the paragraphs, substitute the following paragraphs:
	(i)	under section 47 to cancel a licence of a corporate licensee;
	(j)	under section 48A (4) to take action in relation to a licensee or licence under the subsection;
[1.149]	Paragraphs 57 (1) (m) and (n)
Renumber as paragraphs 57 (1) (k) and (l).
[1.150]	Subsection 57 (3)
Omit “48 (1)”, substitute “47 (3), 48A (5)”.
[1.151] 	Section 58
	Omit the section.
[1.152] 	Section 66
	Omit “, unless the contrary intention appears”.
[1.153] 	Section 66 (definitions of determined fee and inspector)
	Omit the definitions.
[1.154] 	Section 67
	Omit the section, substitute the following section:
67	Hindering of registrar etc
	(1)	A person must not, without reasonable excuse, hinder or obstruct the registrar, the deputy registrar or an inspector in the exercise of a function under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person must not threaten or intimidate the registrar, the deputy registrar or an inspector in the exercise of a function under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.155] 	Section 71
	Omit the section, substitute the following section:
71	Working out whether person suitable or unsuitable 
	(1)	This section applies in working out whether a person is a suitable person or an unsuitable person to be, or continue to be, an individual licensee or an executive officer of a corporate licensee.
	(2) 	A person is a suitable person unless the person is an unsuitable person.
	(3) 	A person is an unsuitable person if the person or, if the person is a corporation, the person or a executive officer of the person has committed or engaged in a disqualifying act.
	(4) 	A disqualifying act is—
	(a)	a contravention of this Act (including a requirement made by the registrar under this Act) or a corresponding law of a State, whether or not the contravention is an offence; or
	(b)	an offence against the Trade Practices Act 1974 (Cwlth); or
	(c)	an offence against the Fair Trading Act 1992 or a corresponding law of a State; or
	(d)	an offence involving fraud or dishonesty; or
	(e)	an offence against a law of the Territory, the Commonwealth a State another Territory or foreign country punishable by imprisonment for a period of longer than 1 year; or
	(f)	the sale of a motor vehicle without passing unencumbered title to the vehicle.
	(5) 	An executive officer of a person is taken to have committed a disqualifying act if the executive officer was an executive officer of a person at the time the lastmentioned person committed the disqualifying act.
	(6) 	However, even if the person has committed or engaged in a disqualifying act, the person is a suitable person if the registrar is satisfied that, in all the circumstances, it would be reasonable to regard the person as a suitable person.
	(7) 	In making a decision under subsection (6) in relation to the person, the registrar must have regard to—
	(a)	the circumstances of the disqualifying act; and
	(b)	whether the person cooperated in the investigation of the disqualifying act; and
	(c)	the extent to which the person provided restitution for any loss suffered because of the disqualifying act; and
	(d)	the time since the disqualifying act was committed or engaged in; and
	(e)	whether the disqualifying act was an isolated event.
	(8) 	Subsection (7) does not limit the matters to which the registrar may have regard in making the decision.
[1.156] 	Subsections 73 (2), (4) and (7)
	Omit the penalty, substitute the following penalty:
		Maximum penalty:  5 penalty units.
[1.157] 	New section 73A
	After section 73, insert the following section:
73A	Return of licence
	(1) 	If a person’s licence is suspended or cancelled, the person must not fail, without reasonable excuse, to return his or her licence to the registrar as soon as practicable (but within 7 days) after the suspension or cancellation takes effect.
Maximum penalty:  20 penalty units.
	(2) 	If the person’s licence is suspended and the licence has not expired when the suspension ends, the registrar must return the licence to the person if the person asks for its return.
[1.158] 	Subsection 74 (1)
	Add at the end the following penalty:
		Maximum penalty:  10 penalty units.
[1.159] 	Subsection 74 (2)
	Omit the penalty, substitute the following penalty:
		Maximum penalty:  10 penalty units.
[1.160] 	Subsection 76 (4)
	Omit the penalty, substitute the following penalty:
		Maximum penalty:  50 penalty units.
[1.161] 	Subsection 79 (1)
	Omit the penalty, substitute the following penalty:
		Maximum penalty:  10 penalty units.
[1.162] 	Subsections 79 (2) and (3)
	Omit the penalty, substitute the following penalty:
		Maximum penalty:  30 penalty units.
[1.163] 	Subsection 79 (4)
	Omit the penalty, substitute the following penalty:
		Maximum penalty: 10 penalty units.
[1.164] 	Section 79A
	Omit the penalty, substitute the following penalty:
		Maximum penalty: 10 penalty units.
[1.165] 	Section 81
	Omit the penalty, substitute the following penalty:
		Maximum penalty: 10 penalty units.
[1.166] Subsection 87 (2)
	Omit “director”, substitute “executive officer”.
[1.167] Paragraph 89A (3) (a)
	Omit “a director”, substitute “an executive officer”.
[1.168]  Paragraph 89A (3) (a)
	Omit “refuses or”.
[1.169] Subsection 89A (4)
	Omit :”director”, substitute “executive officer”.
[1.170] 	Subsection 89A (4)
	Omit “directors”, substitute “executive officers”.
[1. 171] 	Section 90A
	Omit the section, substitute the following sections:
90A	Determination of fees and charges
	(1) 	The Minister may determine fees and charges for this Act.
	(2) 	A determination under this section is a disallowable instrument.
91	Approved forms
	(1) 	The registrar may approve forms for this Act.
	(2) 	If the registrar approves a form for a particular purpose, the form must be used for that purpose.
[1.172]	Section 92
	Omit the section, substitute the following section:
92	Regulation-making power
The Executive may make regulations for this Act.
[1.173] 	Schedule 2
	Omit the schedule.
[1.174] 	Dictionary
	Add at the end the following dictionary:
Dictionary
(see s 2)
compensation fund means the motor vehicle dealers compensation fund.
corporate licensee means a corporation that holds a licence.
dealer—see section 6A.
dealings register, of a licensed dealer, means a dealings register maintained by the dealer under section 15 (Licensees to maintain dealings register).
determined fee means—
	(a)	in relation to a provision (other than a provision of part 10 (Enforcement))—the fee determined under section 90A for the provision; or
	(b)	in relation to a provision of part 10—the fee determined under section 90A for subparagraph 70A (2) (g) (ii).
executive officer, of a corporation, means the person, by whatever named called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
Examples
1	A director of the corporation 
2	An employee of, or a person associated with, the corporation who is involved in activities that involve policy and decision making, related to the business affairs of the corporation, to the extent that the consequences of the formation of the policies, or the making of the decisions, may have some significant bearing on the financial standing of the corporation or the conduct of its affairs.
final infringement notice, for part 10 (Enforcement)—see section 66.
function includes power.
individual licensee means an individual who holds a licence.
infringement notice, for part 10 (Enforcement)—see section 66.
inspector means an inspector under section 5B but, for Part 10 (Enforcement), does not include a police officer.
notified person, for part 10 (Enforcement)—see section 66.
on-the-spot-fine, for part 10 (Enforcement)—see section 66.
relevant amount, for part 10 (Enforcement)—see section 66.
relevant chief executive, for part 2 (Licences to carry on business as a dealer, wholesaler or car market operator)—see section 6B.
relevant period for payment, for part 10 (Enforcement)—see section 66.
Schedule 3 offence, for part 10 (Enforcement)—see section 66.
suitable person—see section 71.
unsuitable person—see section 71.

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002