{"id":"a-1977-29","name":"Sale of Motor Vehicles Act 1977","slug":"sale-of-motor-vehicles-act-1977","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"29 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24333,"registerId":"act-a-1977-29-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Sale of Motor Vehicles Act 1977.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘occupier, of premises, for part 10A\n(Enforcement)—see section 70.’ means that the term ‘occupier’ is\ndefined in that section for part 10A.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act 2001, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of\nnotes.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"When is a motor vehicle sold or manufactured etc","content":"3 When is a motor vehicle sold or manufactured etc\nFor this Act—\n(a) if—\n(i) a motor vehicle is made the subject of a hire-purchase\nagreement; or\n(ii) a person enters into an agreement with another person for\nthe letting out on hire to that person of a new motor vehicle;\n\nPreliminary Part 1\nthen—\n(iii) the motor vehicle shall be deemed to be sold to the hirer by\nthe owner of the motor vehicle; and\n(iv) the sale shall be taken to be made when the agreement is\nentered into; and\n(v) the hirer shall be taken to be the purchaser of the vehicle;\nand\n(b) if a financier sells, or is deemed to have sold, a motor vehicle to\na person other than a trade owner (the purchaser), any other\nperson—\n(i) who sold that vehicle to the financier in the expectation that\nthe financier would sell the vehicle to the purchaser or\nwould, in relation to that vehicle, enter into an agreement\nwith the purchaser of a kind referred to in paragraph (a); or\n(ii) by whom or on whose behalf negotiations leading to the\nmaking of the sale were carried out; or\n(iii) by whom or on whose behalf the transaction leading to the\nsale was arranged;\nshall be deemed to have sold the vehicle to the purchaser as the\nagent of the financier; and\n(c) if—\n(i) a corporation enters into an agreement with a person for the\nletting out on hire to that person of a new motor vehicle;\nand\n\n(ii) that corporation is not a dealer but is, for the Corporations\nAct, deemed to be related to another corporation and that\nother corporation is a dealer;\nthe corporation that enters into the agreement shall be liable to\nthe hirer in all respects as if the corporation were a dealer unless,\nin accordance with paragraph (b), another person who is a dealer\nis deemed to have sold the vehicle as agent of that corporation;\nand\n(d) a motor vehicle shall be deemed to have been manufactured on\nor after a particular date if any process in the manufacture of the\nvehicle is carried out on or after that date; and\n(e) a motor vehicle shall be taken to have been sold notwithstanding\nthat all or part of the consideration that passed from the\npurchaser in relation to the sale is represented by another vehicle\nor other thing.\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Act to motor dealings by Territory","content":"4A Application of Act to motor dealings by Territory\n(1) This Act does not apply in relation to dealings in motor vehicles by\nthe Territory.\n(2) This section has effect despite the Legislation Act 2001, section 121\n(Binding effect of Acts).\n","sortOrder":4},{"sectionNumber":"5B","sectionType":"section","heading":"Inspectors","content":"5B Inspectors\n(1) The director-general may appoint a public servant as an inspector for\nthis Act.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n\nPreliminary Part 1\n(2) The following are also inspectors:\n(a) the commissioner;\n(b) an investigator under the Fair Trading (Australian Consumer\nLaw) Act 1992;\n(c) a police officer of or above the rank of sergeant;\n(d) a police officer below the rank of sergeant nominated in writing\nby the chief police officer for this Act.\n","sortOrder":5},{"sectionNumber":"5C","sectionType":"section","heading":"Identity cards","content":"5C Identity cards\n(1) This section applies only to an inspector appointed under\nsection 5B (1).\n(2) The director-general must give each inspector an identity card that\nstates the person’s name and that the person is an inspector.\n(3) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry.\n(4) A person commits an offence if—\n(a) the person stops being an inspector; and\n(b) the person does not return the identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n(5) An offence against this section is a strict liability offence.\n\n","sortOrder":6},{"sectionNumber":"15","sectionType":"section","heading":"Licensees to maintain dealings register","content":"15 Licensees to maintain dealings register\n(1) At each place where a licensee carries on business, the licensee shall\nmaintain a dealings register in accordance with this section.\n(2) A dealings register shall consist of—\n(a) a bound book each page of which is numbered consecutively and\nbears the name of the licensee and the address where it is kept;\nor\n(b) a computer system approved by the commissioner under\nsubsection (4).\n(3) If a licensee maintains a dealings register in the form of a bound book,\nentries in the book shall be made in ink and shall not be erased or\nmade illegible.\n(4) The commissioner shall not approve a computer system for the\npurpose of maintaining a dealings register unless the commissioner is\nsatisfied that the computer system as maintained by the licensee\nwould—\n(a) provide for the immediate retrieval of information required by\nthis Act to be recorded in the dealings register and made\navailable for inspection; and\n(b) contain a duplicate version of the information referred to in\nparagraph (a) and provide for the backup or duplication of any\nalteration in that information.\n(5) The information referred to in subsection (4) (a) shall be in the\nEnglish language and be readable on sight.\n\n","sortOrder":7},{"sectionNumber":"16","sectionType":"section","heading":"Information to be recorded in dealings register","content":"16 Information to be recorded in dealings register\n(1) A licensee, on purchasing or otherwise acquiring a second-hand\nmotor vehicle, whether as principal or agent, or on becoming the\npossessor of a vehicle that the licensee is authorised to sell in\naccordance with section 31, shall, in relation to that motor vehicle,\nenter or cause to be entered in his or her dealings register—\n(a) the make, model designation and type, year of manufacture\n(if known), registered number (if any), engine number and body\nnumber of the vehicle; and\n(b) if the motor vehicle is fitted with an odometer, the distance\ntravelled by the vehicle as recorded on the odometer when the\nvehicle came into his or her possession; and\n(c) the name and address of the person from whom the licensee\npurchased or otherwise acquired the vehicle; and\n(d) the name of the most recent owner of the motor vehicle who was\nnot a trade owner; and\n(e) the date when the licensee purchased or otherwise acquired the\n(f) the consideration (if any) the licensee gave for the motor\n(2) A licensed dealer or licensed wholesaler, on selling or otherwise\ndisposing of a motor vehicle in other than a demolished or dismantled\ncondition, shall in relation to that motor vehicle enter or cause to be\nentered in his or her dealings register—\n(a) the date when he or she sold or otherwise disposed of the\n(b) the name and address of the person to whom he or she sold or\notherwise disposed of the vehicle; and\n\n(c) if the vehicle was not in working condition at the time that it was\nsold or otherwise disposed of, particulars of the condition of the\nvehicle at that time.\n(3) If a licensed dealer or licensed wholesaler demolishes or permanently\ndismantles a motor vehicle, he or she shall, in relation to that vehicle,\nenter, or cause to be entered, in his or her dealings register a note of\nthe demolition or dismantling of the vehicle and the date of that\ndemolition or dismantling.\n(4) In this section:\ndealings register means—\n(a) in relation to a dealing in a motor vehicle by a licensee who\ncarries on business at more than 1 place—\n(i) the dealings register maintained at the place of business\nwhere the dealing takes place; or\n(ii) if the dealing takes place off the premises of such a place—\nthe dealings register at the place of business that is closest\nto the place where the dealing takes place; or\n(b) in relation to a dealing in a motor vehicle by any other\nlicensee—the dealings register maintained at the place where the\nlicensee carries on business.\n","sortOrder":8},{"sectionNumber":"17","sectionType":"section","heading":"Giving incorrect information to licensee","content":"17 Giving incorrect information to licensee\nA person shall not give incorrect information to a licensee, or to a\nperson acting on behalf of a licensee, in relation to any of the matters\nthat a licensee is required to enter in a dealings register in accordance\nwith section 16.\n\n","sortOrder":9},{"sectionNumber":"18","sectionType":"section","heading":"Telling people about Act’s requirements","content":"18 Telling people about Act’s requirements\n(1) If a person gives information to a licensee in relation to any matter\nthat a licensee must enter in a dealings register, the licensee must tell\nthe person about the requirements of section 17.\n(2) In this section:\nlicensee includes someone acting for the licensee.\n","sortOrder":10},{"sectionNumber":"19","sectionType":"section","heading":"Dealings with persons under 18 years","content":"19 Dealings with persons under 18 years\n(1) A licensed dealer shall not, in relation to a person who is apparently\nunder 18 years old, purchase or otherwise acquire from that person or\nsell to or otherwise dispose of to that person a second-hand motor\nvehicle without the written consent of that person’s parent or\nguardian.\n(2) A licensed wholesaler shall not, in relation to a person who is\napparently under 18 years old, purchase or otherwise acquire from\nthat person a second-hand motor vehicle without the written consent\nof that person’s parent or guardian.\n","sortOrder":11},{"sectionNumber":"20","sectionType":"section","heading":"Dealer to attach notice to second-hand vehicle","content":"20 Dealer to attach notice to second-hand vehicle\n(1) Subject to this section, a dealer shall not offer or display for sale a\nsecond-hand motor vehicle or give possession of a second-hand\nmotor vehicle to a purchaser unless there is attached to that vehicle a\nnotice that—\n(a) contains the required particulars; and\n(b) complies with the requirements of subsection (3).\n\n(2) The required particulars for subsection (1) are—\n(a) the name and business address of the dealer; and\n(b) except for a sale by auction or by tender—the cash price of the\n(c) if the vehicle was purchased or otherwise acquired by the dealer\nfrom a financier who had repossessed the motor vehicle under a\nhire-purchase agreement—the name of the financier; and\n(d) if the vehicle is equipped with an odometer—the distance\ntravelled by the vehicle as recorded by the odometer and entered\nin the dealings register; and\n(e) whether the distance recorded by the vehicle’s odometer has\nbeen altered by the dealer or on his or her behalf and, if so, the\ndistance to which it was altered; and\n(f) whether the dealer has replaced the odometer on the vehicle or\nit has been replaced on his or her behalf; and\n(g) whether, to the knowledge of the dealer, the distance recorded\nby the vehicle’s odometer was altered or the vehicle’s odometer\nreplaced at any time before the vehicle came into the dealer’s\npossession; and\n(h) if the vehicle was manufactured on or after 1 January 1971—the\nyear of manufacture and the model designation of the vehicle;\nand\n(i) if the vehicle was manufactured before 1971—the year of\nmanufacture and the model designation of that vehicle or, if this\ninformation is unknown to the dealer, a statement that the\ninformation is unknown; and\n(j) the registration number (if any), engine number and body\nnumber of the motor vehicle; and\n(k) for a sale by tender—a statement that the vehicle is to be sold by\ntender and the time when tenders are to close; and\n\n(l) the other particulars that are prescribed.\n(3) A notice attached to a motor vehicle under subsection (1)—\n(a) shall consist of legible writing on white material or on material\nof the colour approved by the commissioner; and\n(b) shall be written in letters and figures at least 2mm in height; and\n(c) shall be attached to the vehicle in such a place as to be clearly\nvisible and readily legible from outside the vehicle.\n(4) A dealer shall not represent to the purchaser or to a prospective\npurchaser of a second-hand motor vehicle that he or she offers or\ndisplays for sale that the motor vehicle is a demonstrator vehicle\nunless the notice attached to the vehicle in accordance with\nsubsection (1) contains, in addition to the required particulars, a\nstatement that the vehicle is a demonstrator vehicle.\n(5) A dealer shall not include in a notice attached to a motor vehicle under\nsubsection (1) any false or misleading information in relation to the\nmotor vehicle.\n(6) A dealer who offers or displays for sale a second-hand motor vehicle\nshall, if requested by a person who is a prospective purchaser of the\nvehicle to give him or her information relating to the past or present\nownership of the vehicle, inform that person of—\n(a) except if paragraph (b) applies—the name of the most recent\nowner of the vehicle who was not a trade owner; or\n(b) if the dealer is acting in accordance with a written authority\ngiven to him or her under section 31—the name of the person\nwho gave him or her that authority.\n\n(7) This section does not apply if a dealer offers or displays a vehicle for\nsale only to a trade owner or gives possession of a vehicle to a\npurchaser who is a trade owner.\n","sortOrder":12},{"sectionNumber":"21","sectionType":"section","heading":"Action by dealer on sale of second-hand motor vehicle","content":"21 Action by dealer on sale of second-hand motor vehicle\n(1) If a dealer sells a second-hand motor vehicle to which a notice has\nbeen attached in accordance with section 20 (1) to a purchaser who is\nnot a trade owner, the dealer shall—\n(a) endorse on 2 copies of the notice—\n(i) the date of the sale; and\n(ii) the date of delivery of the vehicle to the purchaser; and\n(iii) the cash price for which the vehicle was sold; and\n(iv) for a second-hand motor vehicle that is not a demonstrator\nmotorcycle—a statement that the dealer is not obliged by\nthis Act to repair defects in the vehicle; and\n(v) the name and address of the purchaser; and\n(b) sign those copies; and\n(c) keep 1 copy of the notice for 3 years from the date of the sale;\nand\n(d) within 14 days of the date of the delivery of the vehicle or of the\nsale, whichever is the later, give the purchaser the other copy of\nthe notice.\n(2) For subsection (1)—\n(a) a dealer may give a copy of a notice to a purchaser by posting it\nby certified mail to the purchaser at the address given by the\npurchaser and endorsed on the notice; and\n\n(b) if the motor vehicle has been sold to the purchaser by an\nemployee or agent of the dealer—compliance by the employee\nor agent with a requirement of that subsection shall be deemed\nto be compliance by the dealer with that requirement.\n","sortOrder":13},{"sectionNumber":"22","sectionType":"section","heading":"Sale of vehicle if odometer replaced or distance altered","content":"22 Sale of vehicle if odometer replaced or distance altered\nA dealer shall not, without the written consent of the commissioner,\noffer or display for sale a motor vehicle if—\n(a) he or she has replaced, or caused to be replaced, the vehicle’s\nodometer; or\n(b) he or she has altered, or caused to be altered, the distance\nrecorded by the vehicle’s odometer.\n","sortOrder":14},{"sectionNumber":"23","sectionType":"section","heading":"Obligations of dealer to repair defects in motor vehicles","content":"23 Obligations of dealer to repair defects in motor vehicles\n(1) Except as provided in this section and sections 24 and 25, if a motor\nvehicle described in schedule 1, column 2 is sold by a dealer and\nbefore—\n(a) the vehicle has been driven for the number of kilometres after\nbeing manufactured or sold, as the case may be, specified\nopposite the description of the vehicle in schedule 1, column 3;\nor\n(b) the end of the period, specified opposite the description of the\nvehicle in schedule 1, column 4, after the vehicle is so sold;\nwhichever first occurs, a defect appears or occurs in the vehicle, the\ndealer shall, whether or not the defect existed at the time of the sale,\nat the dealer’s own expense, repair or make good, or cause to be\nrepaired or made good the defect so as to place the vehicle in a\nreasonable condition having regard to its age.\n(2) The dealer’s obligation under subsection (1) shall be taken to be a\nterm of the contract of sale relating to the vehicle.\n\n(3) For subsection (1), a defect that occurs in a vehicle includes a\ndefect—\n(a) that existed in the vehicle at any time before the occurrence of\nan event referred to in subsection (1) (a) or (b); and\n(b) that first became apparent after the event occurred;\nbut only if the defect is reported to the dealer within a reasonable\nperiod after it becomes apparent.\n(4) For the purposes of calculating the period referred to in subsection (1)\n(b), no regard shall be paid to any period during which the dealer has\nthe motor vehicle in his or her possession for the purpose or purported\npurpose of ascertaining or carrying out his or her obligations under\nsubsection (1).\n(5) The obligation of a dealer under subsection (1) in relation to a new\nmotor vehicle sold by the dealer is extinguished if, subsequent to that\nsale, the dealer or another dealer acquires ownership of the vehicle,\nor the vehicle is repossessed by a financier.\n(6) Subject to subsection (5), the obligation of a dealer under\nsubsection (1) in relation to a new motor vehicle sold by the dealer\nsubsists for the benefit of the owner, from time to time, of the vehicle\nand, for this purpose, the owner from time to time shall be taken to\nhave entered into a contract of sale with the dealer in relation to the\n(7) The obligation of a dealer under subsection (1) in relation to a second-\nhand motor vehicle sold by the dealer is an obligation only to the\nperson who purchased the vehicle from the dealer.\n(8) The fact that a dealer’s licence has been revoked, or that a dealer is\nnot the holder of a dealer’s licence or has ceased to be a dealer, does\nnot affect the dealer’s obligation under subsection (1).\n(9) If the holder of a dealer’s licence sells a motor vehicle on behalf of\nanother dealer, this section does not apply to the other dealer.\n\n","sortOrder":15},{"sectionNumber":"24","sectionType":"section","heading":"Excluded defects","content":"24 Excluded defects\nattach includes cause to be attached.\ndefect notice means a notice in accordance with the defect notice\nform approved under section 93 (Approved forms) that complies with\nthe requirements of subsection (6).\n(2) If a dealer offers or displays for sale a second-hand motor vehicle, the\ndealer may attach to the vehicle a defect notice.\n(3) If—\n(a) a defect notice has been attached to a second-hand motor vehicle\nat all material times when the vehicle is offered or displayed for\nsale by the dealer; and\n(b) at or before the time of sale of the vehicle, the notice, or a copy\nof the notice, has been signed by the dealer and the purchaser\nand has been delivered to the purchaser for retention by the\npurchaser;\nsection 23 (1) does not apply in relation to the defects set out in the\nnotice.\n(4) If, at or before the time of sale of a demonstrator motor vehicle, a\ndefect notice has been signed by the dealer and the purchaser and has\nbeen delivered to the purchaser for retention by the purchaser, section\n23 (1) does not apply in relation to any defect specified in the notice.\n(5) If the reasonable cost of repairing a defect specified in a defect notice\nis greater than the amount specified in that notice, the purchaser may\nrecover the difference between those amounts from the licensed\ndealer.\n(6) A defect notice—\n(a) shall consist of legible writing on white material or on material\nof a colour approved by the commissioner; and\n\n(b) shall be written in letters and figures at least 2mm in height; and\n(c) shall be attached to the vehicle in such a place as to be clearly\nvisible and readily legible from outside the vehicle.\n","sortOrder":16},{"sectionNumber":"25","sectionType":"section","heading":"Exceptions","content":"25 Exceptions\nrelevant sale means a sale referred to in section 23 (1).\n(2) Section 23 (1) does not apply in relation to a defect—\n(a) occurring in—\n(i) a tyre or battery (other than a high-voltage battery used to\npower a motor vehicle propelled wholly or partly by an\nelectric motor); or\nExamples—battery used to power motor vehicle with electric\nmotor\n1 hybrid battery\n2 traction battery\n(ii) an accessory fitted to a motor vehicle; or\n(b) arising from or incidental to any accidental damage to a motor\nvehicle that occurred after the relevant sale when the vehicle was\nnot in the possession of the dealer; or\n(c) arising from misuse or negligence on the part of a driver of a\nmotor vehicle, or arising from the use of a motor vehicle for\nmotor racing or motor rallying, that occurred after the relevant\nsale of the vehicle; or\n(d) appearing or occurring in an accessory that was not fitted to or\nsupplied with a motor vehicle at the time of the relevant sale of\nthe vehicle.\n\n(3) For a second-hand motor vehicle, section 23 (1) does not apply in\nrelation to any superficial damage to the paintwork or upholstery of\nthe vehicle that would have been apparent on a reasonable inspection\nof the vehicle carried out at the time of the relevant sale of the vehicle.\n(4) Section 23 (1) does not apply in relation to the sale of—\n(a) a second-hand motor vehicle if the purchaser has been in\npossession of the vehicle for not less than 3 months immediately\nbefore the day of the relevant sale; or\n(b) a commercial vehicle; or\n(c) a substantially demolished or substantially dismantled motor\n(5) If the proposed purchaser (the buyer) of a new motor vehicle is in\npossession of the vehicle for a period immediately before the day\nwhen the buyer purchases the vehicle from a dealer then, for\nsection 23 (1), the buyer shall be taken to have purchased the vehicle\non the day when the buyer first acquired that possession.\n(6) Section 23 (1) does not apply in relation to a motor vehicle if—\n(a) the motor vehicle or a class of motor vehicles that include the\nmotor vehicle has been declared by the Minister, in writing, to\nbe a motor vehicle or a class of motor vehicles in relation to\nwhich section 23 (1) does not apply; and\n(b) a copy of the notice is attached to the vehicle at all material times\nwhen the vehicle is offered or displayed for sale by the dealer.\n(7) A declaration is a notifiable instrument.\n\n(8) If, because of a declaration by the Minister under subsection (6), a\ndealer would not be liable under section 23 (1) in relation to a defect\nin a motor vehicle if the dealer were to sell that vehicle, a licensed\ndealer shall not offer or display that vehicle for sale unless a notice in\naccordance with the exemption notice form approved under\nsection 93 (Approved forms) that complies with the requirements of\nsubsection (9) is attached to the motor vehicle.\n(9) The notice shall contain letters at least 5mm in height and shall in all\nother respects comply with the requirements of section 24 (6) as if it\nwere a notice attached to a motor vehicle in accordance with\nsection 24 (2).\n(10) If a licensed dealer sells a motor vehicle referred to in subsection (8),\nthe dealer shall—\n(a) sign 2 copies of the notice referred to in that subsection; and\n(b) keep 1 copy of the notice for 3 years from the date of the sale;\nand\n(c) give the purchaser the other copy of the notice.\n(11) For subsection (10), if the motor vehicle has been sold to the\npurchaser by the employee or agent of the dealer, compliance by the\nemployee or agent with a requirement of that subsection shall be\ntaken to be compliance by the dealer with that requirement.\n","sortOrder":17},{"sectionNumber":"25A","sectionType":"section","heading":"Obligations of dealer to repair defects in motorcycles","content":"25A Obligations of dealer to repair defects in motorcycles\n(1) Subject to this section, if—\n(a) a dealer sells to a person a new motorcycle or a demonstrator\nmotorcycle; and\n\n(b) before—\n(i) the motorcycle has been ridden for 10 000km after the sale;\nor\n(ii) the end of 6 months next following the date of the sale;\nwhichever is the earlier;\na defect in the motorcycle occurs or becomes apparent to the\npurchaser the dealer shall, at the dealer’s own expense, repair or make\ngood, or cause to be repaired or made good, the defect so as to place\nthe motorcycle in a reasonable condition having regard to its age.\n(2) Subsection (1) applies to a defect whether or not that defect existed\nat the time of the sale.\n(3) The dealer’s obligation under subsection (1) shall be taken to be a\nterm of the contract of sale relating to the motorcycle.\n(4) A dealer is not liable under this section in relation to a defect in a\nmotorcycle if the defect—\n(a) arises from, or is incidental to, accidental damage suffered by\nthe motorcycle after the purchaser took delivery of the\nmotorcycle from the dealer; or\n(b) arises from misuse of the motorcycle or negligence by a rider of\nthe motorcycle, or from the use of the motorcycle for motorcycle\nracing or motorcycle rallying, after the purchaser took delivery\nof the motorcycle from the dealer; or\n(c) consists of damage to, or wear of, tyres or any accessory of the\nmotorcycle; or\n(d) consists of superficial damage to the paintwork or upholstery of\nthe vehicle that would have been apparent on a reasonable\ninspection of the motorcycle carried out at the time of delivery\nof the motorcycle from the dealer or of the sale, whichever is the\nearlier.\n\n(5) A dealer is not liable under this section in relation to a defect in a\nmotorcycle sold by the dealer where the motorcycle is—\n(a) a motorcycle that has been in the possession, or under the\ncontrol, of the purchaser continuously for not less than 3 months\nimmediately before the date of the sale; or\n(b) a motorcycle that is sold by auction; or\n(c) a motorcycle or a motorcycle included in a class of motorcycles\nthat has been declared by the Minister, in writing, to be a\nmotorcycle or a class of motorcycle in relation to which this\nsection does not apply; or\n(d) a motorcycle that is sold to a person who is a trade owner.\n(6) A declaration under subsection (5) (c) is a notifiable instrument.\n(7) This section does not apply to a sale to the Territory.\n","sortOrder":18},{"sectionNumber":"25B","sectionType":"section","heading":"Cooling-off period","content":"25B Cooling-off period\n(1) A purchaser (other than a dealer or a corporation) under an agreement\nfor the sale of a motor vehicle may, at any time before the end of 3\nclear business days after the purchaser signs the agreement, terminate\nthe agreement by giving to or serving on the dealer or an agent of the\ndealer written notice to the effect that the purchaser terminates the\nagreement.\n(2) Subsection (1) ceases to apply if the purchaser immediately before\naccepting delivery signs an instrument in accordance with the loss of\nright to terminate form approved under section 93 (Approved forms)\nacknowledging that the right to terminate the agreement no longer\napplies.\n(3) A dealer shall not sell, give in exchange or otherwise dispose of a\nmotor vehicle given or agreed to be given by a purchaser under an\nagreement for the sale of another motor vehicle in satisfaction of part\nof the purchase price during the period during which the purchaser\nmay terminate the agreement under this section.\n\n(4) If an agreement for the sale of a motor vehicle has been terminated in\naccordance with this section—\n(a) the vendor under the agreement—\n(i) shall pay to the purchaser all money received by the vendor\nunder the agreement less the sum of $100 or 1% of the\npurchase price under the agreement (whichever is the\ngreater); and\n(ii) shall return to the purchaser any motor vehicle given in\nsatisfaction of any part of the purchase price; and\n(b) any collateral credit agreement is discharged to the extent that it\nwas entered into for the purposes of the payment for the motor\nvehicle supplied or to be supplied under the agreement; and\n(c) any security interest in the motor vehicle arising under the\ncollateral credit agreement is extinguished to the extent that it\nsecures the payment of a debt or other pecuniary obligation or\nperformance of any other obligation under the collateral credit\nagreement; and\n(d) a purchaser who has accepted delivery of the motor vehicle\nbefore the agreement was terminated—\n(i) is liable to the dealer for any damage (other than fair wear\nand tear) occurring to the motor vehicle while it was in the\npurchaser’s possession; and\n(ii) subject to subsection (5), shall return the motor vehicle to\nthe dealer.\n(5) A purchaser is not liable under subsection (4) (d) to return the motor\nvehicle to the dealer if, before the agreement was terminated, a defect\nappeared in the motor vehicle for reasons beyond the control of the\npurchaser making the motor vehicle—\n(a) incapable of being driven; or\n\n(b) unroadworthy;\nbut shall permit the dealer to collect, or arrange for the collection of,\nthe motor vehicle.\n(6) The National Credit Code, section 135 does not apply to the\ntermination of agreements under this section.\n(7) This section does not apply to an agreement for the sale of a\ncommercial vehicle or a motor vehicle purchased at a public auction.\n","sortOrder":19},{"sectionNumber":"26","sectionType":"section","heading":"Sales between dealers and wholesalers","content":"26 Sales between dealers and wholesalers\ntrade vendor means a licensed dealer or a licensed wholesaler.\n(2) If a trade vendor (the seller) sells a second-hand motor vehicle to\nanother trade vendor (the buyer), the seller shall, at the time of the\nsale or of giving possession of the vehicle to the buyer, whichever is\nthe earlier, give the buyer or cause to be given to the buyer a notice\ncontaining the required particulars.\n(3) A trade vendor who gives a notice under subsection (2) shall make or\ncause to be made a copy of the notice which the trade vendor shall\nkeep for not less than 3 years after the sale.\n(4) The required particulars for subsection (2) are—\n(a) the name and business address of the vendor; and\n(b) the name and business address of the purchaser; and\n(c) the registration number (if any), engine number and body\nnumber of the motor vehicle; and\n\n(d) if the vehicle was manufactured on or after 1 January 1971—the\nyear of manufacture and the model designation of the vehicle;\nand\n(e) if the vehicle was manufactured before 1971—the year of\nmanufacture and the model designation of that vehicle or, if this\ninformation is unknown to the vendor, a statement that the\ninformation is unknown; and\n(f) the name and address of the most recent owner of the vehicle\nwho was not a trade owner; and\n(g) if the motor vehicle is equipped with an odometer—the distance\ntravelled by the vehicle as recorded by the odometer; and\n(h) whether the distance recorded by the vehicle’s odometer has\nbeen altered by the vendor or on his or her behalf and, if so, the\ndistance to which it was altered; and\n(i) whether the vendor has replaced the odometer on the vehicle or\nit has been replaced on his or her behalf; and\n(j) whether, to the knowledge of the vendor, the distance recorded\nby the vehicle’s odometer was altered or the vehicle’s odometer\nreplaced at any time before the vehicle came into the vendor’s\npossession.\n","sortOrder":20},{"sectionNumber":"31","sectionType":"section","heading":"Authority to dealer to sell as agent","content":"31 Authority to dealer to sell as agent\n(1) A dealer shall not—\n(a) sell a second-hand motor vehicle or an interest in a second-hand\nmotor vehicle for or on behalf of a person who is not a trade\nowner; or\n(b) offer or display for sale a second-hand motor vehicle for or on\nbehalf of such a person;\n\nunless he or she is authorised in writing in that behalf in accordance\nwith this section by the owner of the vehicle or interest.\n(2) A written authority under this section shall be prepared in duplicate\nand shall—\n(a) be signed by the owner and by or on behalf of the dealer; and\n(b) bear the date when it is signed by the owner; and\n(c) contain a full statement of the terms of the authority to sell the\nmotor vehicle or interest; and\n(d) sufficiently describe the vehicle; and\n(e) contain a full statement of the commission or other remuneration\nto which the dealer is or is to be entitled.\n(3) A dealer who is given a written authority under this section—\n(a) shall return 1 copy to the owner; and\n(b) shall keep 1 copy until the end of 3 years after any sale is\neffected by him or her in reliance on the written authority.\n(4) A written authority under this section shall cease to have effect on the\nend of 90 days from the day when it is signed by the owner.\n(5) A dealer shall not be entitled to any commission or other\nremuneration in relation to a sale of a second-hand motor vehicle or\nan interest in a second-hand motor vehicle effected by the dealer for\nor on behalf of another person unless—\n(a) the sale is effected in accordance with a written authority\ncomplying with this section; and\n(b) the dealer, in relation to that sale has complied with\nsubsection (3) (a).\n\nSale of second-hand motor vehicles generally Part 4\n","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Sale of second-hand motor","content":"Part 4 Sale of second-hand motor\nvehicles generally\n","sortOrder":22},{"sectionNumber":"32","sectionType":"section","heading":"Offences by vendors","content":"32 Offences by vendors\n(1) A person (the vendor) shall not, in relation to a second-hand motor\nvehicle that the vendor offers or displays for sale—\n(a) make any statement to a purchaser or prospective purchaser of\nthe vehicle that the vendor knows, or ought reasonably to know,\nis false; or\n(b) if the vendor is not a dealer and an odometer is fitted to the\nvehicle—alter the distance recorded on the odometer or replace\nthe odometer without disclosing the alteration or replacement to\na purchaser or prospective purchaser of the vehicle.\n(2) For subsection (1) (a), a statement made by an agent or employee of\na dealer in his or her business of a dealer shall be deemed to be the\nstatement of the dealer.\n\nPart 4A Security interests in motor vehicles\nPart 4A Security interests in motor\nvehicles\n32A Liability of dealer to creditor if security interest defeated\n(a) a motor vehicle is purchased from a dealer by a non-dealer; and\n(b) at any time before payment of the purchase price, the dealer had\nnotice that the vehicle was subject to a security interest within\nthe meaning of the PPS Act; and\n(c) immediately before payment of the purchase price, the security\ninterest had not been discharged or cancelled.\n(2) The dealer is liable to the person who had the security interest for any\nloss of the person because of the operation of the PPS Act, part 2.5\n(Taking personal property free of security interests) in relation to the\ninterest.\n(3) However, the dealer is not liable to the person if the dealer purchased\nthe motor vehicle free from the security interest of the person because\nof the operation of the PPS Act, part 2.5 in relation to the interest.\n(4) In this section:\nnon-dealer means a person who is not a dealer.\npayment, of a purchase price, means—\n(a) if the purchase is not by an exchange—giving valuable\nconsideration for the purchase price; or\n(b) if all of the purchase price is not paid at the same time—the first\npayment of part of the purchase price; or\n(c) if the purchase is by an exchange—making the exchange.\nPPS Act means the Personal Property Securities Act 2009 (Cwlth)\n\nSecurity interests in motor vehicles Part 4A\npurchase, of a motor vehicle, means acquiring the vehicle from a\nperson selling or exchanging the vehicle who has, or appears to have,\nauthority to dispose of the vehicle in that way.\n\n","sortOrder":23},{"sectionNumber":"33","sectionType":"section","heading":"Payment of money into trust account","content":"33 Payment of money into trust account\n(1) If a licensed dealer sells a motor vehicle or an interest in a motor\nvehicle for or on behalf of a person, all money received by the dealer\nin relation to that sale shall, for all purposes, be deemed to be held in\ntrust for that person and shall be dealt with by the dealer in accordance\nwith this section.\n(2) A licensed dealer shall, before the close of business on the next day\nwhen banks are open for business after the day when any such money\nis received, pay the money into a trust account maintained in\naccordance with subsection (3) at a bank, credit union or building\nsociety in the ACT.\n(3) The trust account referred to in subsection (2) shall be maintained by\nthe licensed dealer.\n(4) The trust account referred to in subsection (2) shall bear a title that\nincludes—\n(a) the name of the dealer or, if the dealer carries on business under\na registered business name, that name; and\n(b) the words ‘Trust Account’.\n","sortOrder":24},{"sectionNumber":"34","sectionType":"section","heading":"Procedure if part of consideration is not money","content":"34 Procedure if part of consideration is not money\nIf a licensed dealer acquires a motor vehicle or other goods as part of\nthe consideration for the sale of a motor vehicle or an interest in a\nmotor vehicle for or on behalf of a person, the dealer shall pay an\namount equal to the amount allowed in relation to the motor vehicle\nor other goods into the trust account referred to in section 33 as if that\namount had been received by the dealer in relation to that sale.\n\n","sortOrder":25},{"sectionNumber":"35","sectionType":"section","heading":"Application of money in trust account","content":"35 Application of money in trust account\n(1) A licensed dealer shall not apply money paid into a trust account in\naccordance with this part except in payment to the person for whom\nor on whose behalf the money was received or as directed by that\nperson.\n(2) A licensed dealer shall not pay money out of a trust account except\nby means of a cheque made payable to a specified person, being a\ncheque that is crossed ‘not negotiable’.\n","sortOrder":26},{"sectionNumber":"36","sectionType":"section","heading":"Protection of trust money","content":"36 Protection of trust money\n(1) Subject to this section, money standing to the credit of a trust account\nmaintained in accordance with this part is not available for the\npayment of debts of the dealer, and subject to subsection (2), is not\nliable to be attached or taken in execution for the purposes of\nsatisfying a judgment against the dealer.\n(2) Nothing in subsection (1) prevents trust money to the extent that the\nlicensed dealer holds the trust money in trust for the person for whom\nor on whose behalf the money was received from being available for\nthe discharge of the liability of the licensed dealer to that person.\n","sortOrder":27},{"sectionNumber":"37","sectionType":"section","heading":"Provisions applying to banks etc","content":"37 Provisions applying to banks etc\n(1) A bank, credit union or building society where a trust account is\nmaintained is not under any obligation to control or supervise\ntransactions in relation to the trust account or to see to the application\nof money paid out of the account.\n\n(2) A bank, credit union or building society where a dealer maintains a\ntrust account in accordance with this part does not have, in relation to\nany liability of the dealer to the bank, credit union or building society,\nany recourse or right, whether by way of set-off, counterclaim, charge\nor otherwise, against money standing to the credit of the account.\n(3) Nothing in this section relieves a bank, credit union or building\nsociety from any liability to which it is subject apart from this Act.\n","sortOrder":28},{"sectionNumber":"38","sectionType":"section","heading":"Accounting records","content":"38 Accounting records\n(1) A licensed dealer shall keep the accounting and other records that\ndisclose particulars of all trust money received or paid by the dealer.\nMaximum penalty: 20 penalty.\n(2) A licensed dealer shall—\n(a) keep those records—\n(i) at the place where the dealer carries on business in the\nACT; or\n(ii) if the dealer carries on business at more than 1 place of\nbusiness in the ACT—at the dealer’s principal place of\nbusiness in the ACT; or\n(iii) with the approval of the commissioner, at another place in\nthe ACT; and\n(b) cause those records to be kept in a way that they can be\nconveniently and properly audited; and\n(c) preserve those records for a period of 7 years.\nMaximum penalty: 20 penalty.\n\n(3) It is sufficient compliance with subsection (1) if a licensed dealer,\nwithin 7 days after the day when any trust money is received or paid,\nenters in the records referred to in that subsection the particulars of\nthe money.\n","sortOrder":29},{"sectionNumber":"39","sectionType":"section","heading":"Receipts for trust money","content":"39 Receipts for trust money\n(1) If a licensed dealer receives trust money from a person, the dealer\nmust give the person a receipt that—\n(a) complies with subsections (3) and (4); and\n(b) states briefly the subject matter or purpose for which the money\nwas received.\n(2) If a licensed dealer gives a person a receipt under subsection (1), the\ndealer must keep a legible carbon duplicate of the receipt that\ncomplies with subsections (3) and (4).\n(3) A receipt relating to trust money shall be taken from a bound book\nbearing a number or mark identifying the book and containing not\nless than 50 receipt forms arranged so that a carbon duplicate of each\nreceipt remains in the book.\n(4) A receipt and the carbon duplicate shall—\n(a) have the words ‘Trust Account’ printed or stamped on it; and\n(b) bear such a number or mark as will enable the receipt to be\nidentified by reference to that number or mark and so that the\nreceipt and carbon duplicate bear the same number or mark.\n\n","sortOrder":30},{"sectionNumber":"40","sectionType":"section","heading":"Audit of trust accounts","content":"40 Audit of trust accounts\nWithin 3 months after the end of each financial year or at any other\ntime that the commissioner may require, a licensed dealer shall cause\nto be audited his or her accounting and other records relating to trust\nmoney received and paid by the dealer during that financial year.\n","sortOrder":31},{"sectionNumber":"41","sectionType":"section","heading":"Auditor’s report","content":"41 Auditor’s report\n(1) As soon as is reasonably practicable after the completion of an audit,\nthe auditor shall prepare a report of the result of the audit and shall\ngive the report to the licensed dealer and a copy of the report to the\ncommissioner.\n(2) An auditor’s report shall include a statement indicating whether in the\nauditor’s opinion—\n(a) the licensed dealer has kept, in accordance with this Act,\naccounting and other records relating to trust money; and\n(b) there has been any loss or deficiency of trust money or any\nfailure to pay or account for trust money.\n","sortOrder":32},{"sectionNumber":"42","sectionType":"section","heading":"Qualification of auditors","content":"42 Qualification of auditors\nA licensed dealer shall not engage a person as auditor or permit his or\nher accounting and other records relating to trust money to be audited\nby a person—\n(a) who is not a registered company auditor within the meaning of\nthe Corporations Act; or\n(b) who is an employee of, or is the domestic partner of, the licensed\ndealer; or\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n(c) who is an employee of any other licensed dealer; or\n\n(d) who is engaged in keeping and entering those records or has\nthose records in his or her custody or control; or\n(e) who is also a licensed dealer; or\n(f) who is an officer or employee of a corporation that is a licensed\ndealer.\n","sortOrder":33},{"sectionNumber":"43","sectionType":"section","heading":"Withdrawals—deficiency suspected","content":"43 Withdrawals—deficiency suspected\n(1) If it appears to the commissioner that there may be a deficiency in the\ntrust account of a licensed dealer or dealers, the commissioner may,\nby written notice to the manager or other principal officer of the bank,\ncredit union or building society where the trust account is maintained,\ndirect the manager or other principal officer not to pay any money out\nof the trust account without the commissioner’s authority.\n(2) The manager or other principal officer shall comply with a direction\ngiven under subsection (1).\n\nPart 8 Notification and review of decisions\nPart 8 Notification and review of\ndecisions\n50 Meaning of reviewable decision—pt 8\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 2, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":34},{"sectionNumber":"51","sectionType":"section","heading":"Reviewable decision notices","content":"51 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 2,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":35},{"sectionNumber":"52","sectionType":"section","heading":"Applications for review","content":"52 Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 2, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMotor vehicle dealers compensation fund Part 9\n","sortOrder":36},{"sectionNumber":"Part 9","sectionType":"part","heading":"Motor vehicle dealers","content":"Part 9 Motor vehicle dealers\ncompensation fund\n","sortOrder":37},{"sectionNumber":"60","sectionType":"section","heading":"Certain persons may apply for compensation","content":"60 Certain persons may apply for compensation\n(1) A person, other than a trade owner, who suffers financial loss in\nconnection with a motor vehicle because of the failure of a licensed\ndealer to comply with an obligation imposed on him or her by this\nAct or because of the failure of a licensed dealer to pass an\nunencumbered title to the vehicle may apply to the commissioner for\ncompensation under this part in relation to that loss.\n(2) An application for compensation under this part shall be made by\ngiving the commissioner written particulars of the claim.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) An application for compensation under this part shall not be accepted\nby the commissioner unless it is made within a period of 6 months\nafter the applicant becomes aware of the loss or within the further\ntime (if any) that the commissioner, either before or after the end of\nthat period, allows.\n","sortOrder":38},{"sectionNumber":"61","sectionType":"section","heading":"Commissioner to determine applications","content":"61 Commissioner to determine applications\n(1) Subject to subsection (2), the commissioner shall consider each\napplication made in accordance with this part and shall determine—\n(a) the amount of the loss in relation to which compensation may be\npaid to the applicant under this part; or\n(b) that there is no pecuniary loss in relation to which compensation\nmay be so paid.\n\nPart 9 Motor vehicle dealers compensation fund\n(2) The commissioner shall not determine an application under\nsubsection (1) unless the commissioner is satisfied that the applicant\nhas taken all reasonable steps to enforce any remedies that the\napplicant may have against the dealer referred to in section 60 (1) in\nrelation to the loss that the applicant has incurred.\n","sortOrder":39},{"sectionNumber":"62","sectionType":"section","heading":"Commissioner to notify applicant of determination","content":"62 Commissioner to notify applicant of determination\n(1) The commissioner shall give to an applicant for compensation under\nthis part written notice stating—\n(a) the amount that the commissioner has determined to be the loss\nin relation to which compensation may be paid to the applicant\nunder this part; or\n(b) that the commissioner has determined that there is no loss in\nrelation to which compensation may be so paid.\n(2) In a notice given under this section, the commissioner shall state the\ngrounds on which he or she has made the determination referred to in\nthe notice.\n","sortOrder":40},{"sectionNumber":"63","sectionType":"section","heading":"Review of determination","content":"63 Review of determination\n(1) An applicant for compensation under this part to whom the\ncommissioner gives notice under section 62 (1) may, within 21 days\nafter the date when notice is so given, make application to the\nMagistrates Court for an order under this section.\n(2) The court, on application under this section, may, if it considers\nappropriate, by order, vary a determination of the commissioner\nunder section 61 (1).\n","sortOrder":41},{"sectionNumber":"64","sectionType":"section","heading":"Payment of compensation","content":"64 Payment of compensation\n(1) Subject to subsection (2), if an amount has been determined under\nthis part as the amount of loss in relation to which compensation may\nbe paid to an applicant under this part, the Territory shall pay to the\napplicant an amount equal to the amount so determined.\n\nMotor vehicle dealers compensation fund Part 9\n(2) If, at any time, the amount standing to the credit of the compensation\nfund is insufficient for the payment of all amounts that the Territory\nwould, apart from this subsection, be required by this section to pay,\nthe amount standing to the credit of the compensation fund shall be\ndivided among the persons to whom it would be required to pay those\namounts in proportion to those amounts.\n","sortOrder":42},{"sectionNumber":"65","sectionType":"section","heading":"Subrogation","content":"65 Subrogation\nIf the Territory has paid compensation to a person under this part, the\nTerritory is, to the extent of the payment, subrogated to the rights of\nthat person against the licensed dealer in relation to whom the\napplication for compensation was made.\n\n","sortOrder":43},{"sectionNumber":"68","sectionType":"section","heading":"Offence by employee—liability of employer","content":"68 Offence by employee—liability of employer\n(1) If an employee contravenes any provision of this Act, the employer\nshall be deemed to have contravened the same provision (whether or\nnot the employee contravened the provision without the employer’s\nauthority or contrary to the employer’s orders or instructions).\n(2) It is a defence in proceedings against an employer for such a\ncontravention if it is established that the employer—\n(a) had no knowledge of the contravention; and\n(b) could not, by the exercise of due diligence, have prevented the\ncontravention.\n(3) An employer may be proceeded against and convicted under a\nprovision under subsection (1) whether or not the employee has been\nproceeded against or convicted under that provision.\n","sortOrder":44},{"sectionNumber":"69","sectionType":"section","heading":"Institution of proceedings","content":"69 Institution of proceedings\nA prosecution for an offence against this Act may be begun within\n3 years after the commission of the offence.\n\nGeneral Division 10A.1\n","sortOrder":45},{"sectionNumber":"Div 10A","sectionType":"division","heading":"1 General","content":"Division 10A.1 General\n","sortOrder":46},{"sectionNumber":"70","sectionType":"section","heading":"Definitions—pt 10A","content":"70 Definitions—pt 10A\nIn this part:\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\n","sortOrder":47},{"sectionNumber":"70A","sectionType":"section","heading":"Power to enter premises","content":"70A Power to enter premises\n(1) For this Act, an inspector may—\n(a) at any reasonable time, enter premises to which a licence relates\nto carry out an inspection authorised under the licence; or\n(b) at any reasonable time, enter premises where the inspector\nsuspects on reasonable grounds that a person is carrying on any\nof the following businesses without a licence:\n(i) the business of a dealer;\n\n(ii) the business of a wholesaler; or\n(c) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(d) at any time, enter premises with the occupier’s consent; or\n(e) enter premises in accordance with a search warrant.\n(2) However, subsection (1) (a), (b) or (c) does not authorise entry into a\npart of premises that is being used for residential purposes.\n(3) An inspector may, without the consent of the occupier of premises,\nenter land around the premises to ask for consent to enter the\n(4) To remove any doubt, an inspector may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) In this section:\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":48},{"sectionNumber":"70B","sectionType":"section","heading":"Production of identity card","content":"70B Production of identity card\n(1) An inspector must not remain at premises entered under this part if\nthe inspector does not produce the inspector’s identity card when\nasked by the occupier.\n(2) This section does not apply in relation to an inspector who is a police\nofficer in uniform.\n","sortOrder":49},{"sectionNumber":"70C","sectionType":"section","heading":"Consent to entry","content":"70C Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 70A (1) (d), an inspector must—\n(a) produce the inspector’s identity card; and\n\nPowers of inspectors Division 10A.2\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(4) A court may find that the occupier did not consent to entry to the\npremises by the inspector under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n\n","sortOrder":50},{"sectionNumber":"70D","sectionType":"section","heading":"General powers on entry to premises","content":"70D General powers on entry to premises\n(1) An inspector who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) take copies of, or an extract from, any document relating to the\nbusiness being carried out at the premises or the sale of a motor\nvehicle;\n(f) require the occupier, or anyone apparently working at the\npremises, to give the inspector reasonable help to exercise a\npower under this part.\nExamples—par (a)\n1 inspect or examine motor vehicles or motor vehicle parts\n2 inspect or examine a register required to be kept under this Act\nExample—par (f)\nproducing a register required to be kept under this Act\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (f).\n\nPowers of inspectors Division 10A.2\n","sortOrder":51},{"sectionNumber":"70E","sectionType":"section","heading":"Power to seize things","content":"70E Power to seize things\n(1) An inspector who enters premises under this part with the occupier’s\nconsent may seize anything at the premises if—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An inspector who enters premises under a warrant under this part may\nseize anything at the premises that the inspector is authorised to seize\nunder the warrant.\n(3) An inspector who enters premises under this part (whether with the\noccupier’s consent, under a warrant or otherwise) may seize anything\nat the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Subsections (1) and (3) do not apply to the seizure of a computer, or\ndata storage device, for use in carrying on a licensed dealer’s business\nif—\n(a) the only reason for the seizure is to access data held in or\naccessible from the computer or device; and\n(b) the data is accessible—\n(i) with the occupier’s consent; or\n(ii) under section 70D (General powers on entry to premises).\n(5) The powers of an inspector under subsection (3) are additional to any\npowers of an inspector under subsection (1) or subsection (2) or any\nother territory law.\n\n(6) Having seized a thing, an inspector may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an inspector’s approval to interfere\nwith the thing.\n(8) An offence against this section is a strict liability offence.\n","sortOrder":52},{"sectionNumber":"70F","sectionType":"section","heading":"Power to require name and address","content":"70F Power to require name and address\n(1) An inspector may require a person to state the person’s name and\nhome address if the inspector believes on reasonable grounds that the\nperson is committing or has just committed an offence against this\nAct.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The inspector must tell the person the reason for the requirement and,\nas soon as practicable, record the reason.\n(3) The person may ask the inspector to produce the inspector’s identity\ncard for inspection by the person.\n(4) Subsection (3) does not apply in relation to an inspector who is a\npolice officer in uniform.\n\n(5) A person must comply with a requirement made of the person under\nsubsection (1) if the inspector—\n(a) tells the person the reason for the requirement; and\n(b) complies with any request made by the person under\nsubsection (3).\n(6) An offence against this section is a strict liability offence.\n","sortOrder":53},{"sectionNumber":"70G","sectionType":"section","heading":"Warrants generally","content":"70G Warrants generally\n(1) An inspector may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n\n(5) The warrant must state—\n(a) that an inspector may, with any necessary assistance and force,\nenter the premises and exercise the inspector’s powers under this\npart; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n","sortOrder":54},{"sectionNumber":"70H","sectionType":"section","heading":"Warrants—application made other than in person","content":"70H Warrants—application made other than in person\n(1) An inspector may apply for a warrant by phone, fax, radio or other\nform of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) If the magistrate issues the warrant, the magistrate must immediately\nprovide a written copy to the inspector if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the inspector—\n(a) the magistrate must tell the inspector—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s powers under the warrant.\n(7) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":55},{"sectionNumber":"70I","sectionType":"section","heading":"Search warrants—announcement before entry","content":"70I Search warrants—announcement before entry\n(1) An inspector must, before anyone enters premises under a search\nwarrant—\n(a) announce that the inspector is authorised to enter the premises;\nand\n\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if an occupier is present at the premises—identify himself or\nherself to the person.\n(2) The inspector is not required to comply with subsection (1) if the\ninspector believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including the inspector or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":56},{"sectionNumber":"70J","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"70J Details of search warrant to be given to occupier etc\nIf the occupier of premises is present at the premises while a search\nwarrant is being executed, the inspector or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":57},{"sectionNumber":"70K","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"70K Occupier entitled to be present during search etc\n(1) If the occupier of premises is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":58},{"sectionNumber":"70L","sectionType":"section","heading":"Use of electronic equipment at premises","content":"70L Use of electronic equipment at premises\n(1) An inspector or a person assisting may operate electronic equipment\nat premises entered under a search warrant to access data (including\ndata not held at the premises) if the inspector or person believes on\nreasonable grounds that—\n(a) the data might be something to which the warrant relates; and\n(b) the equipment can be operated without damaging the data.\n(2) If the inspector or person assisting believes on reasonable grounds\nthat any data accessed by operating the electronic equipment might\nbe something to which the warrant relates, the inspector or person\nmay—\n(a) copy the data to a data storage device brought to the premises;\nor\n(b) if a person in charge of the premises agrees in writing—copy the\ndata to a data storage device at the premises.\n(3) The inspector or person assisting may take the device from the\n(4) The inspector or person assisting may do the following things if the\ninspector or person finds that anything to which the warrant relates\n(the material) is accessible using the equipment:\n(a) seize the equipment and any data storage device;\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\nthat form and seize the documents produced.\n(5) An inspector may seize equipment under subsection (4) (a) only if—\n(a) it is not practicable to copy the data as mentioned in\nsubsection (2) or to put the material in documentary form as\nmentioned in subsection (4) (b); or\n\n(b) possession of the equipment by a person in charge of the\npremises or someone else could be an offence.\n","sortOrder":59},{"sectionNumber":"70M","sectionType":"section","heading":"Person with knowledge of computer or computer system","content":"70M Person with knowledge of computer or computer system\nto assist access etc\n(1) An inspector may apply to a magistrate for an order requiring a stated\nperson to give any information or assistance that is reasonably\nnecessary to allow the inspector or a person assisting to do 1 or more\nof the following:\n(a) access data held in or accessible from a computer that is at the\npremises;\n(b) copy the data to a data storage device;\n(c) convert the data into documentary form.\n(2) The magistrate may make an order if satisfied that—\n(a) there are reasonable grounds for suspecting that something to\nwhich the warrant relates is accessible from the computer; and\n(b) the stated person is—\n(i) reasonably suspected of possessing, or having under the\nperson’s control, something to which the warrant relates;\nor\n(ii) the owner or lessee of the computer; or\n(iii) an employee or agent of the owner or lessee of the\ncomputer; and\n(c) the stated person has knowledge of—\n(i) the computer or a computer network of which the computer\nforms a part; or\n(ii) measures applied to protect data held in or accessible from\nthe computer.\n\n(3) A person commits an offence if the person contravenes an order under\nthis section.\n(4) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the making of an order under\nthis section.\n","sortOrder":60},{"sectionNumber":"70N","sectionType":"section","heading":"Securing electronic equipment","content":"70N Securing electronic equipment\n(1) This section applies if an inspector or a person assisting believes on\nreasonable grounds that—\n(a) something to which a warrant relates (the material) may be\naccessible by operating electronic equipment at the premises;\nand\n(b) expert assistance is required to operate the equipment; and\n(c) the material may be destroyed, altered or otherwise interfered\nwith if the inspector or person does not take action.\n(2) The inspector or person may do whatever is necessary to secure the\nequipment, whether by locking it up, placing a guard or otherwise.\n(3) The inspector or a person assisting must give written notice to a\nperson in charge of the premises of—\n(a) the inspector’s or person’s intention to secure the equipment;\nand\n(b) the fact that the equipment may be secured for up to 24 hours.\n(4) The equipment may be secured until the earlier of the following\nevents happens:\n(a) the end of the 24-hour period;\n(b) the equipment is operated by the expert.\n\n(5) If the inspector or a person assisting believes on reasonable grounds\nthat the expert assistance will not be available within the 24-hour\nperiod, the inspector or person may apply to a magistrate to extend\nthe period.\n(6) The inspector or a person assisting must tell a person in charge of the\npremises of the intention to apply for an extension, and the person is\nentitled to be heard on the application.\n(7) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":61},{"sectionNumber":"70O","sectionType":"section","heading":"Copies of seized things to be provided","content":"70O Copies of seized things to be provided\n(a) the occupier of premises is present at the premises while a search\nwarrant is executed; and\n(b) the inspector seizes—\n(i) a document, film, computer file or something else that can\nbe readily copied; or\n(ii) a data storage device containing information that can be\nreadily copied.\n(2) The person in charge or other person may ask the inspector to give\nthe person a copy of the thing or information.\n(3) The inspector must give the person the copy as soon as practicable\nafter the seizure.\n(4) However, the inspector is not required to give the copy if—\n(a) the thing was seized under section 70L (Use of electronic\nequipment at premises); or\n(b) possession of the thing or information by a person in charge of\nthe premises or someone else would be an offence.\n\n","sortOrder":62},{"sectionNumber":"70P","sectionType":"section","heading":"Receipt for things seized","content":"70P Receipt for things seized\n(1) If an inspector seizes a thing under this part, the inspector must give\na receipt for it to the person from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously, at the\nplace of seizure under section 70E (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the inspector’s name, and how to contact the inspector;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":63},{"sectionNumber":"70Q","sectionType":"section","heading":"Moving things to another place for examination or","content":"70Q Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 3 business days.\n(3) An inspector may apply to a magistrate for an extension of time if the\ninspector believes on reasonable grounds that the thing cannot be\nexamined or processed within 3 business days.\n(4) The inspector must give notice of the application to the occupier of\nthe premises, and the occupier is entitled to be heard on the\napplication.\n(5) If a thing is moved to another place under this section, the inspector\nmust, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":64},{"sectionNumber":"70R","sectionType":"section","heading":"Access to things seized","content":"70R Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":65},{"sectionNumber":"70S","sectionType":"section","heading":"Return of things seized","content":"70S Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) an infringement notice for an offence relating to the thing is not\nserved on the owner within 90 days after the day of the seizure\nand a prosecution for an offence relating to the thing—\n(i) is not started within the 90-day period; or\n(ii) is started within the 90-day period but the court does not\nfind the offence proved; or\n(b) an infringement notice for an offence relating to the thing is\nserved on the owner within 90 days after the day of the seizure,\nthe infringement notice is withdrawn and a prosecution for an\noffence relating to the thing—\n(i) is not started within the 90-day period; or\n(ii) is started within the 90-day period but the court does not\nfind the offence proved; or\n(c) an infringement notice for an offence relating to the thing is\nserved on the owner and not withdrawn within 90 days after the\nday of the seizure, liability for the offence is disputed under the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and an information—\n(i) is not laid in the Magistrates Court against the person for\nthe offence within 60 days after the day notice is given\nunder section 132 of that Act that liability is disputed; or\n(ii) is laid in the Magistrates Court against the person for the\noffence within the 60-day period, but the Magistrates Court\ndoes not find the offence proved; or\n\n(d) before the thing is forfeited to the Territory under section 70T,\nthe director-general—\n(i) becomes satisfied that there has been no offence against\nthis Act with which the thing was connected; or\n(ii) decides not to prosecute or have an infringement notice\nserved for the offence.\n(2) However, this section does not apply to a thing if—\n(a) the director-general believes on reasonable grounds that the only\npractical use of the thing in relation to the premises where it was\nseized would be an offence against this Act; or\n(b) possession of the thing by its owner would be an offence.\n","sortOrder":66},{"sectionNumber":"70T","sectionType":"section","heading":"Forfeiture of seized things","content":"70T Forfeiture of seized things\n(a) anything seized under this part has not been returned under\nsection 70S; and\n(b) an application for disallowance of the seizure under\nsection 70U—\n(i) has not been made within 10 days after the day of the\nseizure; or\n(ii) has been made within that period, but the application has\nbeen refused or has been withdrawn before a decision in\nrelation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n\n","sortOrder":67},{"sectionNumber":"70U","sectionType":"section","heading":"Application for order disallowing seizure","content":"70U Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the director-general.\n(3) The director-general is entitled to appear as respondent at the hearing\nof the application.\n","sortOrder":68},{"sectionNumber":"70V","sectionType":"section","heading":"Order for return of seized thing","content":"70V Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 70U for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nthe court is satisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":69},{"sectionNumber":"70W","sectionType":"section","heading":"Damage etc to be minimised","content":"70W Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninspector must take all reasonable steps to ensure that the inspector,\nand any person assisting the inspector, causes as little inconvenience,\ndetriment and damage as practicable.\n(2) If an inspector, or a person assisting an inspector, damages anything\nin the exercise or purported exercise of a function under this part, the\ninspector must give written notice of the particulars of the damage to\nthe person the inspector believes on reasonable grounds is the owner\nof the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":70},{"sectionNumber":"70X","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"70X Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an inspector or a person assisting an\ninspector.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n\nMiscellaneous Division 10A.5\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":71},{"sectionNumber":"79","sectionType":"section","heading":"Advertisements by licensed dealers","content":"79 Advertisements by licensed dealers\n(1) A licensed dealer shall not, in an advertisement that the dealer causes\nor permits to be published in relation to, or in connection with, the\nbusiness of the dealer, make any statement that is false or misleading.\n(2) A licensed dealer shall not in an advertisement that the dealer causes\nor permits to be published in relation to, or in connection with, the\nsale of second-hand vehicles—\n(a) convey any information in relation to a motor vehicle that the\ndealer offers for sale that is inconsistent with information\nrelating to that vehicle contained in the dealer’s dealings register\nor in the notice attached to the vehicle under section 20; or\n(b) refer to or describe a motor vehicle unless the vehicle is\nidentified by its registered number or, if the vehicle has no\nregistered number, by its engine number; or\n(c) specify the deposit payable on, or periodical payments payable\nin relation to, a motor vehicle unless the cash price in relation to\nthe vehicle is also specified.\n","sortOrder":72},{"sectionNumber":"81","sectionType":"section","heading":"Submission of documents for signature","content":"81 Submission of documents for signature\nA licensed dealer shall not, in relation to the sale of a motor vehicle,\nsubmit a document to another person for the person’s signature unless\nat the time of submitting the document all material particulars in the\ndocument have been completed and any other matter contained in the\ndocument that is not relevant in relation to that sale has been deleted.\n\nMiscellaneous Part 11\n","sortOrder":73},{"sectionNumber":"82","sectionType":"section","heading":"Licensed dealer not to be indemnified by antecedent","content":"82 Licensed dealer not to be indemnified by antecedent\nowner\n(1) Subject to subsection (2), if a licensed dealer incurs any costs or\nexpenses because of the operation of this Act or the Traders\n(Licensing) Act 2016 in relation to the sale of a motor vehicle, the\ndealer is not entitled to be indemnified in relation to those costs or\nexpenses by any antecedent owner and any contract or agreement\nproviding, directly or indirectly, for the licensed dealer to be so\nindemnified is, to the extent that it does so, void.\n(2) Subsection (1) does not apply to a contract or agreement providing\nfor a licensed dealer to be so indemnified if the antecedent owner is a\ntrade owner.\n","sortOrder":74},{"sectionNumber":"83","sectionType":"section","heading":"Contracting out","content":"83 Contracting out\nA term of an agreement, other than if the parties to the agreement are\na licensee and a corporation, that purports to exclude or limit the\noperation of this Act or the Traders (Licensing) Act 2016, or to\npreclude any right of action or any defence based on or arising out of\nany failure to comply with this Act or the Traders (Licensing)\nAct 2016, is void.\n","sortOrder":75},{"sectionNumber":"84","sectionType":"section","heading":"Other rights and remedies preserved","content":"84 Other rights and remedies preserved\nExcept as is expressly provided by this Act, nothing in this Act shall\nlimit, restrict or otherwise affect any right or remedy a person would\nhave had if this Act had not been made.\n","sortOrder":76},{"sectionNumber":"89","sectionType":"section","heading":"Requirement by commissioner or inspector","content":"89 Requirement by commissioner or inspector\nIf the commissioner or an inspector is empowered by this Act to\nrequire a person to do anything, the commissioner or the inspector\nmay make the requirement orally or in writing served on that person.\n\n","sortOrder":77},{"sectionNumber":"91","sectionType":"section","heading":"Determination of fees and charges","content":"91 Determination of fees and charges\n(1) The Minister may, in writing, determine fees and charges for this Act.\n(2) Without limiting subsection (1), the Minister may determine the\ncharge payable as contribution to the compensation fund in relation\nto the issue of a licence to a dealer or the renewal of a licence held by\na dealer.\n(3) A determination is a disallowable instrument.\n","sortOrder":78},{"sectionNumber":"92","sectionType":"section","heading":"Exemption of vehicles from Act","content":"92 Exemption of vehicles from Act\n(1) The Minister may, in writing, declare that a vehicle is not a motor\nvehicle for this Act.\n(2) A declaration is a notifiable instrument.\n","sortOrder":79},{"sectionNumber":"93","sectionType":"section","heading":"Approved forms","content":"93 Approved forms\n(1) The commissioner may, in writing, approve forms for this Act.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":80},{"sectionNumber":"95","sectionType":"section","heading":"Regulation-making power","content":"95 Regulation-making power\nThe Executive may make regulations for this Act.\n\nObligation of dealer to repair defects Schedule 1\n","sortOrder":81},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Obligation of dealer to repair","content":"Schedule 1 Obligation of dealer to repair\ndefects\n(see s 23 (1))\ncolumn 1\nitem\ncolumn 2\ndescription of motor vehicle\ncolumn 3\nkilometres\ncolumn 4\nperiod\n1 new motor vehicle (other than a\nmotorcycle) that has been\ndriven for less than 15 000km at\nthe time it is sold by dealer\n20 000 (after\nmanufacture)\n12 months less 1 month\nfor each 2 000 km that the\nvehicle has been driven\nbefore sold by dealer\n2 new motor vehicle (other than a\nmotorcycle) that has been\ndriven for 15 000km or more at\nthe time it is sold by dealer\n5 000 (after sale) 3 months\n3 second-hand motor vehicle\n(other than a motorcycle) that\nhas been driven for not more\nthan 160 000 km and was\nmanufactured not more than\n10 years before the time it is\nsold by dealer\n5 000 (after sale) 3 months\n\n","sortOrder":82},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\nSchedule 2 Reviewable decisions\n(see pt 8)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 15 (4) refuse to approve\ncomputer system for\nmaintaining dealings\nregister\nlicensee proposing to use\ncomputer system\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• Australian Consumer Law (ACT)\n• civil partnership\n• civil union\n• corporation\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• Executive\n• home address\n• individual\n• lawyer\n• Minister (see s 162)\n• National Credit Code\n• notifiable instrument (see s 10)\n• occupational discipline order\n• penalty unit (see s 133)\n• police officer\n• reviewable decision notice\n• State\n• the Territory.\naccessory, in relation to a motor vehicle, means any of the following:\n(a) a radio;\n(b) a cassette player;\n(c) a compact disc player;\n(d) a telephone and in-car telephone kit;\n\n(e) a car aerial;\n(f) a clock;\n(g) a cigarette lighter;\n(h) body hardware that is not standard to the motor vehicle;\n(i) a power outlet, including a cigarette light socket;\n(j) tools, other than a jack or wheel brace;\n(k) a light globe;\n(l) sealed beam lights;\n(m) fog lights that are not standard to the motor vehicle;\n(n) an alarm that is not standard to the motor vehicle;\n(o) a digital video disc player or video display panel;\n(p) MP3 or MP4 player and dock;\n(q) a computerised navigation system;\nExamples\n• global positioning system\n• satellite navigation system\n(r) a keyless entry system and remote key pad that is not standard\nto the motor vehicle;\n(s) anything else prescribed by regulation.\nbody number, in relation to a motor vehicle, means the figures, letters\nor other symbols (if any) recorded on the body of a vehicle by the\nmanufacturer of the vehicle as a means of identification of that\nbusiness, in relation to—\n(a) a person who is the holder of a licence—means the business\ncarried on under the licence; or\n\n(b) a person who is an applicant for a licence—means the business\nthat the person would be entitled to carry on if the person were\ngranted that licence.\ncash price—\n(a) in relation to a motor vehicle (including all accessories fitted,\ncarried in or attached to the vehicle at the time of the offer or\ndisplay) offered or displayed for sale—means the price at which\nthe vendor is willing to sell the vehicle for cash; and\n(b) in relation to the sale of a motor vehicle—\n(i) means the price at which the vehicle is sold; or\n(ii) if any part of the consideration that passes or is to pass from\nthe purchaser is represented by another motor vehicle or\nother thing—means the amount that is equal to the sum of\nthe price paid, or that is to be paid, by the purchaser and\nthe value of the other vehicle or thing as ascribed to it for\nthe purposes of the sale by the parties or, if no agreed value\nis so ascribed, the market value of the other vehicle or thing\nat the time of the sale; or\n(iii) if all of the consideration that passes or is to pass from the\npurchaser is represented by another motor vehicle or other\nthing—means the value of the other vehicle or thing as\nascribed to it for the purposes of the sale by the parties or,\nif no agreed value is so ascribed, the market value of the\nother vehicle or thing at the time of the sale.\ncharge means a charge that has not been dealt with by a court, but\ndoes not include a charge that has been withdrawn or otherwise not\nproceeded with.\ncommercial vehicle means a motor vehicle for use wholly or\nprincipally for—\n(a) the carriage of goods; or\n(b) the carriage of more than 10 adult persons; or\n\n(c) industrial or agricultural purposes;\nand includes a motor vehicle, or a motor vehicle included in a class\nof motor vehicles, prescribed for this definition but does not\ninclude—\n(d) a motor vehicle—\n(i) of a kind known as a utility, station wagon or panel van that\nis the same make as a factory-produced motor car; and\n(ii) in which the front part of the body, and the mechanical\nequipment of which, are the same, or substantially the\nsame, as in that motor vehicle;\n(e) a motor vehicle that is adapted for camping use; or\n(f) a four-wheel drive motor vehicle with at least 1 forward-facing\nrear passenger seat (other than a motor vehicle of a kind known\nas a dual cab or a crew-cab); or\n(g) a motor vehicle, or a class of motor vehicles, prescribed not to\nbe a motor vehicle, or a class of motor vehicles, as the case may\nbe, for this definition.\ncommissioner means the commissioner for fair trading.\ncompensation fund means the motor vehicle dealers compensation\nfund.\nconnected with an offence, for part 10A (Enforcement)—see\nsection 70.\ncorporate licensee means a corporation that holds a licence.\ndealer—\n(a) means a person who—\n(i) buys, sells or exchanges motor vehicles as a business; or\n(ii) sells more than 6 vehicles in any 12-month period; but\n\n(b) does not include—\n(i) a person whose business consists exclusively of buying\nmotor vehicles for the purpose of demolishing or\ndismantling those vehicles; or\n(ii) a wholesaler; or\n(iii) a financier; or\n(iv) a person who is exempted by the commissioner by written\nnotice.\nNote A person must not carry on the activities of a dealer unless the person is\nlicensed as a motor vehicle dealer under the Traders (Licensing)\nAct 2016.\ndealings register, of a licensed dealer, means a dealings register\nmaintained by the dealer under section 15 (Licensees to maintain\ndealings register).\ndemonstrator, in relation to a motor vehicle, means a vehicle—\n(a) that has been sold only to a dealer or wholesaler; and\n(b) that has been registered only in the name of any 1 of the\nfollowing persons:\n(i) a dealer or wholesaler or any person on behalf of a dealer\nor wholesaler;\n(ii) a person in anticipation of the sale of the vehicle to that\nperson; and\n\n(c) that has not been used for any purpose other than—\n(i) a purpose in connection with its manufacture or sale; or\n(ii) the purpose of demonstrating the motor vehicle, or another\nvehicle of the same type, to a potential buyer of that\nexecutive officer, of a corporation, means a person, by whatever\nnamed called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nExamples\n1 A director of the corporation\n2 An employee of, or a person associated with, the corporation who is involved\nin activities that involve policy and decision making, related to the business\naffairs of the corporation, to the extent that the consequences of the formation\nof the policies, or the making of the decisions, may have some significant\nbearing on the financial standing of the corporation or the conduct of its affairs.\nfinancier means a person who carries on the business of buying,\nselling or exchanging motor vehicles only—\n(a) for the purpose of hiring motor vehicles under hire-purchase\nagreements; or\n(b) for the purpose of selling motor vehicles on instalment terms; or\n(c) for the purpose of taking or enforcing securities over motor\nvehicles; or\n(d) for the purpose of letting out on hire motor vehicles without\ngranting a right to purchase them; or\n(e) for any purpose that may be prescribed; or\n\n(f) for the purpose of disposing of motor vehicles acquired by him\nor her in connection with any of the purposes referred to in, or\nprescribed in relation to, this definition;\nor for 2 or more of those purposes, but does not include—\n(g) a person who, otherwise than by an agent who is a licensed\ndealer, offers or displays motor vehicles for sale to the public,\nother than for the purpose referred to in paragraph (f); or\n(h) a person who holds himself or herself out as ready to purchase\nmotor vehicles from the public; or\n(i) a person or a person included in a class of persons declared by\nthe regulations to be excluded from this definition.\nhire-purchase agreement, in relation to a motor vehicle, means—\n(a) a letting of the vehicle with an option to purchase the vehicle; or\n(b) an agreement for the purchase of the vehicle by instalments\n(whether described as rent or hire or otherwise), other than an\nagreement under which the property in the vehicle passes at the\ntime of the agreement or on, or at any time before, delivery of\nthe vehicle.\nindividual licensee means an individual who holds a licence.\ninspector means an inspector under section 5B.\nlicence means a licence under the Traders (Licensing) Act 2016.\nlicensed means licensed under the Traders (Licensing) Act 2016.\nlight rail vehicle—see the Road Transport (General) Act 1999,\ndictionary.\nmanufacturer means a person who carries on the business of making\nor assembling motor vehicles.\n\nmodel designation means, in relation to a motor vehicle of a\nparticular model, the words, figures, letters or other symbols (if any)\napplied by the manufacturer of that motor vehicle to describe or\nidentify a motor vehicle of that model.\nmotorcycle means a motor vehicle that has less than 4 wheels and is\nsteered by means of handlebars.\nmotor vehicle means any motor car, motorcycle, or other vehicle used\non land that is propelled wholly or partly by any volatile spirit, steam,\ngas, oil or electricity, or by any means other than human or animal\npower, whether or not that vehicle is in working condition or is\nincomplete but does not include a light rail vehicle or any other\nvehicle used on a railway or tramway or a vehicle included in a class\nof vehicles that the Minister has, under section 92, declared not to be\na motor vehicle for this Act.\nnew motor vehicle means a motor vehicle other than a second-hand\nmotor vehicle.\noccupier, of premises, for part 10A (Enforcement)—see section 70.\nodometer means an instrument or device that measures and records\nthe distance travelled by a motor vehicle, but does not include an\ninstrument or device that is designed so as to permit, as part of its\nnormal functioning, manual alteration of the distance so recorded.\noffence, for part 10A (Enforcement)—see section 70.\nowner, in relation to a motor vehicle—\n(a) includes a person—\n(i) who is the sole owner, joint owner or part owner of the\nmotor vehicle; or\n(ii) who has possession of the motor vehicle under a\nhire-purchase agreement, or bill of sale or similar\ninstrument; or\n(iii) who has possession of the motor vehicle under a contract\nor hire; but\n\n(b) does not include a person—\n(i) mentioned in paragraph (a) (i) who does not have\npossession of the motor vehicle; or\n(ii) who is entitled under a contract of hire, hire-purchase\nagreement, or bill or sale of similar instrument, to\npossession of the motor vehicle but who does not have\npossession of it.\npremises includes a parcel of vacant land.\nqualified accountant means—\n(a) a member of the Institute of Chartered Accountants in Australia,\nthe Institute of Public Accountants or CPA Australia; or\n(b) a person registered as a registered company auditor under the\nCorporations Act.\nreviewable decision, for part 8 (Notification and review of\ndecisions)—see section 50.\nsell, in relation to a motor vehicle, means to sell as principal or agent.\ntrade owner means—\n(a) a dealer; or\n(b) a financier.\nwholesaler means a person who carries on the business of buying\nmotor vehicles from any person and selling those vehicles to, or\nexchanging those vehicles with, persons who are financiers or holders\nof licences and only those persons.\nNote A person must not carry on the activities of a wholesaler unless the person\nis licensed as a motor vehicle dealer under the Traders (Licensing)\nAct 2016.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Sale of Motor Vehicles\nOrdinance 1977 A1977-29) (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989\n(self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nSale of Motor Vehicles Act 1977 A1977-29\nnotified 4 July 1977\ns 1, s 2 commenced 4 July 1977 (s 2 (1))\nss 3, 5, 6, 32, 76-78, 84, 85, 89, 90 and 92 commenced 18 July 1977\n(Cwlth Gaz 1977 No S140)\nss 4, 7-14, 33-65, 72, 73, 75, 79 (2), 80, 86-88 and 91 commenced\n2 September 1977 (Cwlth Gaz 1977 No S181)\nss 15-26, 31 and 81-83 commenced 4 October 1977 (Cwlth Gaz 1977\nNo S210)\nss 27 and 66-71 sub before commencement\nss 28-30 om before commencement\nss 74, 79 (1) commenced 24 April 1978 (Cwlth Gaz 1978 No S70)\nas amended by\nOrdinances Revision Ordinance 1978 Ord1978-46 sch 2\nnotified 28 December 1978\ncommenced 28 December 1978\nSale of Motor Vehicles (Amendment) Ordinance 1980 Ord1980-39\nnotified 17 October 1980\ncommenced 17 October 1980\n\nOrdinances Revision (Companies Amendments) Ordinance 1982\nOrd1982-38 sch 4\nnotified 30 June 1982\ncommenced 1 July 1982 (s 2)\nSale of Motor Vehicles (Amendment) Ordinance 1983 Ord1983-16\nnotified 19 August 1983\ncommenced 19 August 1983\nSale of Motor Vehicles (Amendment) Ordinance (No 2) 1983\nOrd1983-38\nnotified 29 September 1983\ncommenced 1 October 1983 (s 2)\nMagistrates Court Ordinance 1985 Ord1985-67 sch pt 1\nnotified 19 December 1985\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\nSale of Motor Vehicles (Amendment) Ordinance 1985 Ord1985-70\nnotified 19 December 1985\ncommenced 19 December 1985\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 1\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2 and see Gaz 1993 No S165)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\n\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\ncommenced 5 September 1995 (s 2)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\ncommenced 18 December 1995 (s 2)\nSale of Motor Vehicles (Amendment) Act 1995 A1995-48\nnotified 18 December 1995 (Gaz 1995 No S306)\nss 1-23, 24 (1), 25-68 commenced 18 December 1995 (s 2 (1))\ns 24 (2) commenced 1 November 1996 (s 2 (2))\nFinancial Institutions (Removal of Discrimination) Act 1997 A1997-88\nsch\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nRoad Transport Legislation Amendment Act 1999 A1999-79 sch 3\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nsch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)\n\nSale of Motor Vehicles Amendment Act 2001 A2001-13\nnotified 5 April 2001 (Gaz 2001 No 14)\ns 1, s 2 commenced 5 April 2001 (IA s 10B)\ns 3, s 4 and s 6 commenced 5 April 2001 (s 2 (2))\ns 5 commenced 5 October 2001 (s 2 (1) and LA s 79)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 355\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\namdt 1.3842, amdt 1.3845, amdt 1.3850, amdts 1.3863-1.3866\ncommenced 14 March 2002 (amdt 1.3842, amdt 1.3845, amdt 1.3850,\namdts 1.3863-1.3866)\npt 355 remainder commenced 12 September 2001 (s 2 and see Gaz\n","sortOrder":83},{"sectionNumber":"2001","sectionType":"section","heading":"No S65)","content":"2001 No S65)\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\nsch 1 commenced 14 March 2002 (s 2 (1) and LA s 79)\nLegislation Amendment Act 2002 A2002-11 pt 2.44\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.44 commenced 28 May 2002 (s 2 (2))\nStatute Law Amendment Act 2002 A2002-30 pt 3.76\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.76 commenced 17 September 2002 (s 2 (1))\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.15\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.15 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.32\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.32 commenced 28 March 2003 (s 2)\n\nAgents Act 2003 A2003-20 sch 3 pt 3.3\nnotified LR 19 May 2003\ns 1, s 2 commenced 19 May 2003 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 November 2003 (s 2 and CN2003-12)\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 9\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 9 commenced 1 November 2003 (s 2)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.22\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.22 commenced 19 December 2003 (s 2)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.83\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.83 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.17\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.17 commenced 25 August 2004 (s 2 (1))\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.61\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\namdts 3.399-3.401 commenced 12 November 2005 (s 2 (2) and\nLA s 79)\nsch 3 pt 3.61 remainder commenced 2 June 2005 (s 2 (1))\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.27\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.27 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\n\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.13\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.13 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.90\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.90 commenced 12 April 2007 (s 2 (1))\nRegulatory Services Legislation Amendment Act 2008 A2008-5 pt 7\nnotified LR 15 April 2008\ns 1, s 2 commenced 15 April 2008 (LA s 75 (1))\npt 7 commenced 1 July 2008 (s 2 and CN2008-7)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.23\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.23 commenced 19 May 2008 (s 2 and CN2008-8)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.46\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.46 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.67\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.67 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.67\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.67 commenced 17 December 2009 (s 2)\nPersonal Property Securities Act 2010 A2010-15 sch 3 pt 3.4\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010 (LA s 75 (1))\nsch 3 pt 3.4 commenced 30 January 2012 (s 2 (2) (b))\n\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 1 pt 1.10\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3, sch 1 pt 1.10 commenced 6 October 2010 (s 2 (1))\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.22\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.22 commenced 1 January 2011 (s 2 (1))\nA2011-16 sch 1 pt 1.9\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.9 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.140\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.140 commenced 1 July 2011 (s 2 (1))\n(No 2) A2011-27 sch 1 pt 1.7\nnotified LR 30 August 2011\ns 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))\nsch 1 pt 1.7 commenced 13 September 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.33\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.33 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\n\n(No 3) A2011-49 sch 1 pt 1.10\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.10 commenced 12 December 2011 (s 2 (2) (a) and see\nStatute Law Amendment Act 2011 (No 3) A2011-52 s 2)\nBusiness Names Registration (Transition to Commonwealth)\nAct 2012 A2012-2 sch 2 pt 2.6\nnotified LR 28 February 2012\ns 1, s 2 commenced 28 February 2012 (LA s 75 (1))\nsch 2 pt 2.6 commenced 28 May 2012 (s 2 (2))\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.42\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.42 commenced 5 June 2012 (s 2 (1))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.24\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.24 commenced 11 September 2012 (s 2)\nJustice and Community Safety Legislation (Red Tape Reduction\nNo 1—Licence Periods) Amendment Act 2013 A2013-28 pt 8\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\npt 8 commenced 22 August 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.23\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.23 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 13\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 13 commenced 7 November 2014 (s 2)\n\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.59\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.59 commenced 14 October 2015 (s 2)\nSpent Convictions (Historical Homosexual Convictions\nExtinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.8\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nsch 1 pt 1.8 commenced 7 November 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.42, sch 4 pt 4.8\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.42, sch 4 pt 4.8 commenced 27 April 2016 (s 2)\nTraders (Licensing) Act 2016 A2016-46 sch 2 pt 2.4\nnotified LR 22 August 2016\ns 1, s 2 commenced 22 August 2016 (LA s 75 (1))\nsch 2 pt 2.4 commenced 22 August 2017 (s 2)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.14\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.14 commenced 15 August 2017 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\npt 11, sch 1 pt 1.34\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 11 commenced 2 October 2018 (s 2 (1))\nsch 1 pt 1.34 commenced 23 October 2018 (s 2 (4))\nPlanning (Consequential Amendments) Act 2023 A2023-36\nsch 1 pt 1.59\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.59 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.162\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.162 commenced 5 January 2026 (s 2 (8))\n\nName of Act\ns 1 sub A2001-70 amdt 1.74\ns 2 sub A2001-70 amdt 1.74\nam A2016-46 amdt 2.24\nNotes\ns 2A (prev s 4) ins A2001-70 amdt 1.80\nreloc and renum as s 2A A2007-3 amdt 3.461\nWhen is a motor vehicle sold or manufactured etc\ns 3 hdg sub A2001-70 amdt 1.75, amdt 1.79\ns 3 orig s 3 am Ord1982-38 sch 4\ndef car market operator licence ins A1995-48 s 4\ndef chief police officer ins A1995-48 s 4\ndef committee om A2001-70 amdt 1.76\ndef convicted ins A1995-48 s 4\ndef dealer sub A1995-48 s 4\ndef dealings register om A2001-70 amdt 1.76\ndef demonstrator vehicle om A1995-48 s 4\ndef director om A2001-70 amdt 1.76\ndef exempt trader om A1995-48 s 4\ndef good fame and character ins A1995-48 s 4\ndef inspector sub A1994-97 sch\ndef prescribed fee ins Ord1983-38 s 4\nom A1995-48 s 4\ndefs reloc to dict A2001-70 amdt 1.77\nam A2001-70 amdt 1.78\ns 3 (2) renum as s 3 A2001-70 amdt 1.79\nPosition of Crown\ns 3A ins A1993-44 sch 1\nrenum as s 4A A2001-70 amdt 1.81\nNotes\ns 4 orig s 4\nom A1995-48 s 5\nprev s 4\nreloc and renum as s 2A\n\nApplication of Act to motor dealings by Territory\ns 4A hdg sub A2001-70 amdt 1.82\ns 4A (prev s 3A) ins A1993-44 sch 1\nrenum A2001-70 amdt 1.81\nsub A2002-11 amdt 2.89\nRegistrar of Motor Vehicle Dealers\ns 5 am Ord1989-38 sch 1\nsub A1994-97 sch\nam A2001-70 amdt 1.83\nsub A2003-56 amdt 3.202\n(2)-(4) exp 19 December 2004 (s 5 (4))\nsub A2005-20 amdt 3.397\nom A2011-16 amdt 1.32\nDeputy Registrar of Motor Vehicle Dealers\ns 5A ins A1994-97 sch\nam A2001-70 amdt 1.83\nsub A2003-56 amdt 3.202\n(3)-(5) exp 19 December 2004 (s 5A (5))\nsub A2005-20 amdt 3.397\nom A2011-16 amdt 1.32\nInspectors\ns 5B ins A1994-97 sch\nam A1995-48 s 6; A2001-70 amdt 1.83\nsub A2003-56 amdt 3.203\n(3)-(5) exp 19 December 2004 (s 5B (5))\nam A2011-22 amdt 1.402; A2011-16 amdt 1.33\nIdentity cards\ns 5C ins A1994-97 sch\nam A1998-54 sch; A2011-22 amdt 1.399, amdt 1.402\nsub A2011-16 amdt 1.34\nRegister of licences\ns 6 sub A2008-5 s 35\nom A2016-46 amdt 2.25\nKeeping of register\ns 6AA ins A2008-5 s 35\nom A2016-46 amdt 2.25\nLicences to carry on business as dealer, wholesaler or car market operator\npt 2 hdg am A1995-48 s 7\n\nMeaning of dealer\ns 6A ins A1995-48 s 8\nam A2001-70 amdt 1.84; A2011-16 amdt 1.38\nMeaning of relevant chief executive in pt 2\ns 6B hdg sub A2001-70 amdt 1.85\ns 6B ins A1995-48 s 8\nam A2001-70 amdt 1.86\nom A2002-56 amdt 3.51\nLicensing of dealers\ns 7 sub A1995-48 s 9\nLicensing of wholesalers\ns 7A ins A1995-48 s 9\nLicensing of car market operators\ns 7B ins A1995-48 s 9\nEligibility for grant of licences to individuals\ns 8 hdg sub A2008-5 s 36\ns 8 sub A1995-48 s 9\nam A2001-70 amdt 1.88; A2008-5 s 37\nEligibility for the grant of licences to corporations\ns 9 sub A1995-48 s 9\nam A2001-70 amdt 1.89, amdt 1.90\nApplications for licences by individuals\ns 10 am A1995-48 s 10; A2001-70 amdts 1.91-1.93; pars renum R4\nLA; A2002-56 amdt 3.52; A2003-56 amdt 3.204; A2008-5 s\n38, s 39; pars renum R20 LA; A2009-49 amdt 3.173;\nA2011-16 amdt 1.38; A2012-2 amdt 2.9; A2013-28 s 15\nApplications for licences by corporations\ns 11 am A1995-48 s 11 and sch 3; A2001-70 amdts 1.94-1.99; pars\nrenum R4 LA; A2002-56 amdt 3.53; A2003-56 amdts 3.204-\n3.206; A2008-5 s 40, s 41; A2009-49 amdt 3.173; A2011-16\namdt 1.38; A2012-2 amdt 2.10; A2013-28 s 16\n\nIdentification of applicant or executive officer\ns 11A hdg am A2001-70 amdt 1.100\ns 11A ins A1995-48 s 12\nam A2001-70 amdt 1.101; A2003-56 amdt 3.207; A2006-22\namdt 1.115 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.81; A2011-16 amdt 1.38; A2012-40 amdt 3.100\nNotification of application\ns 11B ins A1995-48 s 12\nam A2009-20 amdt 3.191; A2009-49 amdt 3.174; A2011-16\namdt 1.38; A2015-33 amdt 1.210\nCertificates of convictions\ns 12 am Ord1978-46 sch 2\nsub A1995-48 s 12\nom A2008-5 s 42\nGrant or refusal of licence\ns 13 am A1994-60 sch 1; A1995-48 s 13 and sch 3; A2001-70\namdts 1.102-1.105; A2008-5 s 43\nsub A2008-36 amdt 1.597\nDecision about licence application—requirement for further information etc\ns 13A ins A2008-36 amdt 1.597\nIssue of licences\ns 14 am A1995-48 s 14; A2001-44 amdt 1.3839; ss renum R4 LA;\nA2011-16 amdt 1.38; A2013-28 s 17\nEligibility for renewal of licences\ns 14A ins A1995-48 s 15\nam A2001-70 amdt 1.106, amdt 1.107; A2008-5 s 44\nApplications for renewal of licences\ns 14B ins A1995-48 s 15\nam A2001-70 amdt 1.108; A2002-56 amdt 3.54; A2008-5 s 45;\nA2013-28 s 18\n\nGrant or refusal of renewal of licences\ns 14C ins A1995-48 s 15\nam A2001-70 amdt 1.109, amdt 1.110\nsub A2008-36 amdt 1.598\nDecision about renewal application—requirement for further information etc\ns 14CA ins A2008-36 amdt 1.598\nRenewal of licences\ns 14D ins A1995-48 s 15\nam A2001-44 amdts 1.3839-1.3841; A2001-70 amdt 1.111;\nA2011-16 amdt 1.38; A2013-28 s 19\nVariation of licences\ns 14E ins A1995-48 s 15\nam A2008-36 amdt 1.599; A2011-16 amdt 1.38\nLicensees to maintain dealings register\ns 15 sub A1995-48 s 16\nam A2001-70 amdt 1.112; A2011-16 amdt 1.38\nInformation to be recorded in dealings register\ns 16 am A1995-48 s 17 and sch 3; A2001-70 amdt 1.112;\nA2018-33 s 109; ss renum R43 LA\nGiving incorrect information to licensee\ns 17 am A1995-48 s 18; A2001-70 amdt 1.113\nTelling people about Act’s requirements\ns 18 am A1995-48 s 19\nsub A2003-56 amdt 3.208\nDealings with persons under 18 years\ns 19 am A1995-48 s 20; A2001-70 amdt 1.114, amdt 1.115\nDealer to attach notice to second-hand vehicle\ns 20 am A1995-48 s 21 and sch 3; A2001-70 amdts 1.116-1.119;\nAction by dealer on sale of second-hand motor vehicle\ns 21 am Ord1985-70 s 4; A1995-48 s 22; A2001-70 amdt 1.119;\npars renum R4 LA\nSale of vehicle if odometer replaced or distance altered\ns 22 am A1995-48 s 23; A2001-70 amdt 1.120; A2011-16\namdt 1.38\n\nObligations of dealer to repair defects in motor vehicles\ns 23 am Ord1980-39 s 2; Ord1985-70 s 5; Ord1989-38 sch 1\nsub A1995-48 s 24\nExcluded defects\ns 24 sub A1995-48 s 24\nam A2001-44 amdt 1.3842; A2001-70 amdt 1.121; A2003-56\namdt 3.209; A2011-16 amdt 1.38\nExceptions\ns 25 sub A1995-48 s 24\nam A2001-44 amdts 1.3843-1.3845; ss renum R4 LA (see\nA2001-44 amdt 1.3846); A2001-70 amdts 1.122-1.124;\nA2016-18 amdt 4.10, amdt 4.11; A2025-29 amdt 4.163\nObligations of dealer to repair defects in motorcycles\ns 25A ins A1995-48 s 24\nam A2001-44 amdts 1.3847-1.3849; A2003-20 amdt 3.16;\nA2025-29 amdt 4.163\nCooling-off period\ns 25B ins A1995-48 s 24\nam A1995-48 s 24; A2001-70 amdt 1.125; A2001-44\namdt 1.3850; A2010-40 amdt 1.32\nSales between dealers and wholesalers\ns 26 am A1995-48 s 25 and sch 3; A2001-70 amdt 1.126; ss renum\nR4 LA\nRegistrar may give opinion on disputes\ns 27 sub Ord1983-16 s 3\nam A1995-48 sch 3; A1999-79 sch 3; A2001-70 amdt 1.127;\nA2003-56 amdt 3.210\nom A2008-36 amdt 1.600\nRegistrar may refer dispute to court of petty sessions\ns 28 om Ord1983-16 s 3\nAppeal to the court of petty sessions\ns 29 om Ord1983-16 s 3\nAppeal to the Supreme Court\ns 30 om Ord1983-16 s 3\nAuthority to dealer to sell as agent\ns 31 am A1995-48 s 26 and sch 3; A2001-70 amdt 1.128,\namdt 1.129\nOffences by vendors\ns 32 am A1995-48 s 27 and sch 3; A2001-70 amdt 1.130\n\nSecurity interests in motor vehicles\npt 4A hdg sub A2012-21 amdt 3.171\nLiability of dealer to creditor if security interest defeated\ns 32A ins A2001-13 s 4\nsub A2010-15 amdt 3.4\ndef creditor ins A2001-13 s 4\ndef debtor ins A2001-13 s 4\ndef director-general ins A2001-13 s 4\ndef hire-purchase agreement ins A2001-13 s 4\nreloc to dict A2002-30 amdt 3.784\ndef hirer ins A2001-13 s 4\ndef lease ins A2001-13 s 4\ndef non-dealer ins A2001-13 s 4\ndef notice ins A2001-13 s 4\ndef NSW Act ins A2003-56 amdt 3.211\ndef owner ins A2001-13 s 4\ndef participating State ins A2001-13 s 4\ndef payment ins A2001-13 s 4\ndef purchase ins A2001-13 s 4\ndef register of interests ins A2001-13 s 4\ndef registered ins A2001-13 s 4\ndef registrable interest ins A2001-13 s 4\ndef security interest ins A2001-13 s 4\ndef the NSW Act ins A2001-13 s 4\nom A2003-56 amdt 3.212\nExpressions in pt 4A have same meanings as in NSW Act\ns 32B ins A2001-13 s 4\nRegistration of interests\ns 32C ins A2001-13 s 4\n\nSearch certificates and notice\ns 32D ins A2001-13 s 4\nPurchasing motor vehicle with registrable interest\ns 32E ins A2001-13 s 4\nLiability of dealer to creditor if registrable interest defeated\ns 32F ins A2001-13 s 4\nEffect of part payment at time of acquisition\ns 32G ins A2001-13 s 4\nRevival of registrable interest on rescission of contract\ns 32H ins A2001-13 s 4\nContracting out of operation of pt 4A etc\ns 32I ins A2001-13 s 4\nam A2001-44 amdt 1.3851\nPayment of money into trust account\ns 33 am A1995-48 s 28 and sch 3; A1997-88 sch; A2001-70\namdt 1.131\nProcedure if part of consideration is not money\ns 34 am A1995-48 s 29 and sch 3; A2001-70 amdt 1.132\nApplication of money in trust account\ns 35 am A1995-48 s 30; A2001-70 amdts 1.133-1.135\nProvisions applying to banks etc\ns 37 hdg sub A2001-70 amdt 1.136\ns 37 am A1997-88 sch\nAccounting records\ns 38 am A1995-48 s 31 and sch 3; A2001-70 amdt 1.137;\nReceipts for trust money\ns 39 am A1995-48 s 32 and sch 3; A2001-70 amdts 1.138-1.140\nAudit of trust accounts\ns 40 am A1995-48 s 33 and sch 3; A2001-70 amdt 1.141;\n\nAuditor’s report\ns 41 am A1995-48 s 34 and sch 3; ss renum R4 LA; A2011-16\namdt 1.38\nQualification of auditors\ns 42 am Ord1982-38 sch 4; A1995-46 sch; A1995-48 s 35 and sch\n3; A2003-14 amdt 1.102\nWithdrawals—deficiency suspected\ns 43 am A1995-48 s 36; A1997-88 sch; A2001-70 amdt 1.142;\nOffences against this part\ns 44 om A1998-54 sch\nChange of executive officers of corporate licensees\npt 6 hdg sub A2001-70 amdt 1.143\nIntended change of executive officers—notification and objection\ns 45 am A1995-48 s 37\nam A2008-5 s 46, s 47; A2008-36 amdt 1.601; A2009-20\namdt 3.191; A2009-49 amdt 3.174; A2011-16 amdt 1.38;\nA2015-33 amdt 1.211\nIntended change of directors—notification and objection\ns 45A ins A1995-48 s 38\nom A2001-70 amdt 1.143\nChange of executive officers\ns 46 hdg sub A2008-5 s 48\ns 46 am A1995-48 s 39\nam A2008-5 s 49, s 50; A2009-49 amdt 3.175; A2011-16 amdt\n1.38\nCancellation of licences by registrar\ns 47 am A1995-48 s 40 and sch 3\nss renum R4 LA\nom A2008-36 amdt 1.602\nDisciplinary proceedings\npt 6A hdg ins A2001-70 amdt 1.143\nOccupational discipline—licensees\npt 7 hdg sub A2008-36 amdt 1.603\n\nGrounds for occupational discipline—licensees\ns 48 hdg am A1995-48 notes\ns 48 am A1994-60 sch 1; A1995-48 sch 3\nam A2008-5 s 51\nProcedures for registrar taking action in relation to licences\ns 48A ins A2001-70 amdt 1.143\nCommissioner may apply to ACAT for occupational discipline\ns 49 hdg am A2011-16 amdt 1.38\ns 49 am Ord1989-38 sch 1; A1995-48 s 41 and sch 3; A1997-96\nsch 1; A2001-70 amdt 1.144; A2007-3 amdt 3.462\nNotification and review of decisions\npt 8 hdg sub A2008-36 amdt 1.603\nMeaning of reviewable decision—pt 8\ns 50 am A1995-48 sch 3\nReviewable decision notices\ns 51 am A1995-48 s 42 and sch 3; A2001-70 amdt 1.145;\nA2003-56 amdt 3.213, amdt 3.214\nApplications for review\ns 52 am A1995-48 s 43 and sch 3; A2001-70 amdt 1.145;\nA2005-20 amdt 3.398\nProtection of representatives, witnesses etc\ns 53 am A1997-96 sch 1; A2001-70 amdt 1.146\nProtection of registrar and deputy registrar\ns 54 am A2001-70 amdt 1.147\nsub A2003-56 amdt 3.215\nFees and expenses to witnesses\ns 55 am Ord1983-16 s 4; Ord1989-38 sch 1; A1995-48 s 44\n\nRegistrar may inspect books etc\ns 56 am A1995-48 sch 3\nReview by administrative appeals tribunal\ns 57 am Ord1989-38 sch 1; A1994-60 sch 1\nsub A1995-48 s 45\nam A2001-70 amdts 1.148-1.150; pars renum R4 LA;\nA2002-56 amdt 3.55; A2008-5 s 52\nThe compensation fund\ns 58 am A1995-48 s 46\nom A2001-70 amdt 1.151\nContributions to the compensation fund by dealers\ns 59 am Ord1983-38 s 5; A1995-48 s 47\nom A2001-44 amdt 1.3852\nCertain persons may apply for compensation\ns 60 am A2003-56 amdt 3.216; A2011-16 amdt 1.38; A2016-18\namdt 3.208, amdt 3.209\nCommissioner to determine applications\ns 61 hdg am A2011-16 amdt 1.38\ns 61 am A1995-48 sch 3; A2011-16 amdt 1.38\nCommissioner to notify applicant of determination\ns 62 hdg am A2011-16 amdt 1.38\ns 62 am A1995-48 sch 3; A2011-16 amdt 1.38\nReview of determination\ns 63 am Ord1985-67 sch pt 1; A2011-16 amdt 1.38\nPayment of compensation\ns 64 am A1995-48 s 48\nSubrogation\ns 65 am A1995-48 s 49\nOffences\npt 10 hdg sub A1995-48 s 50; A2008-5 s 53\nDefinitions for pt 10\ns 66 sub A1995-48 s 50\nam A2001-44 amdt 1.3853; A2001-70 amdt 1.152, amdt 1.153\nHindering of registrar etc\ns 67 sub A1995-48 s 50; A2001-70 amdt 1.154\nom A2004-15 amdt 2.173\n\nOffence by employee—liability of employer\ns 68 sub A1995-48 s 50\nInstitution of proceedings\ns 69 sub A1995-48 s 50\nEnforcement\npt 10A hdg ins A2008-5 s 54\nGeneral\ndiv 10A.1 hdg ins A2008-5 s 54\nDefinitions—pt 10A\ns 70 sub A1995-48 s 50\nam A2001-44 amdt 1.3854, amdt 1.3855\ndef connected ins A2008-5 s 54\ndef occupier ins A2008-5 s 54\ndef offence ins A2008-5 s 54\nPowers of inspectors\ndiv 10A.2 hdg ins A2008-5 s 54\nPower to enter premises\ns 70A ins A1995-48 s 50\nam A2001-44 amdts 1.3856-1.3858; pars renum R4 LA\nam A2018-33 s 110\nProduction of identity card\ns 70B ins A1995-48 s 50\nConsent to entry\ns 70C ins A1995-48 s 50\nGeneral powers on entry to premises\ns 70D ins A1995-48 s 50\nPower to seize things\ns 70E ins A1995-48 s 50\n\nPower to require name and address\ns 70F ins A1995-48 s 50\nam A2009-49 amdt 3.176\nSearch Warrants\ndiv 10A.3 hdg ins A2008-5 s 54\nWarrants generally\ns 70G ins A1995-48 s 50\nWarrants—application made other than in person\ns 70H ins A1995-48 s 50\nam A2018-33 amdt 1.65, amdt 1.66\nSearch warrants—announcement before entry\ns 70I ins A2008-5 s 54\nDetails of search warrant to be given to occupier etc\ns 70J ins A2008-5 s 54\nOccupier entitled to be present during search etc\ns 70K ins A2008-5 s 54\nUse of electronic equipment at premises\ns 70L ins A2008-5 s 54\nPerson with knowledge of computer or computer system to assist\naccess etc\ns 70M ins A2008-5 s 54\nSecuring electronic equipment\ns 70N ins A2008-5 s 54\nCopies of seized things to be provided\ns 70O ins A2008-5 s 54\nReturn and forfeiture of things seized\ndiv 10A.4 hdg ins A2008-5 s 54\nReceipt for things seized\ns 70P ins A2008-5 s 54\nMoving things to another place for examination or processing under search\nwarrant\ns 70Q ins A2008-5 s 54\n\nAccess to things seized\ns 70R ins A2008-5 s 54\nReturn of things seized\ns 70S ins A2008-5 s 54\nForfeiture of seized things\ns 70T ins A2008-5 s 54\nApplication for order disallowing seizure\ns 70U ins A2008-5 s 54\nOrder for return of seized thing\ns 70V ins A2008-5 s 54\nMiscellaneous\ndiv 10A.5 hdg ins A2008-5 s 54\nDamage etc to be minimised\ns 70W ins A2008-5 s 54\nCompensation for exercise of enforcement powers\ns 70X ins A2008-5 s 54\nWorking out whether person suitable or unsuitable\ns 71 sub A1995-48 s 51; A2001-70 amdt 1.155\npars renum R4 LA\nam A2003-56 amdts 3.217-3.222; A2010-54 amdt 3.52;\nIssue of copy of licence\ns 72 am A1995-48 s 52 and sch 3; A2001-44 amdt 1.3859,\namdt 1.3860; A2011-16 amdt 1.38\nDisplay of licence and notice\ns 73 sub A1995-48 s 53\nam A2001-70 amdt 1.156; A2011-16 amdt 1.38; A2014-47\nss 22-24; ss renum R37 LA\nReturn of licence\ns 73A ins A2001-70 amdt 1.157\n\nNotification of beginning or ceasing business at a place\ns 74 sub A1995-48 s 53\nam A2001-70 amdt 1.158, amdt 1.159; A2011-16 amdt 1.38\nLicensed dealer to notify registrar of cessation or commencement of\nbusiness at a place\ns 75 om A1995-48 s 53\nInspection\ns 76 sub A1995-48 s 54\nam A2001-70 amdt 1.160\nProduction of identity cards\ns 77 sub A1994-97 sch\nam A1995-48 s 55\nInspection of register\ns 78 am A1995-48 s 56; A2001-44 amdt 1.3859, amdt 1.3860\nAdvertisements by licensed dealers\ns 79 sub A1995-48 s 57\nam A2001-70 amdts 1.161-1.163; A2014-47 s 25, s 26; ss\nrenum R37 LA\nAdvertisements by licensed car market operators\ns 79A ins A1995-48 s 57\nam A2001-70 amdt 1.164\nom A2014-47 s 27\nList of licensed dealers\ns 80 sub A1995-48 s 57; A2001-44 amdt 1.3861\nSubmission of documents for signature\ns 81 am A1995-48 s 58 and sch 3; A2001-70 amdt 1.165\nLicensed dealer not to be indemnified by antecedent owner\ns 82 am A2016-46 amdt 2.28\nContracting out\ns 83 am A1995-48 s 59; A2016-46 amdt 2.28\nObstruction etc of registrar or inspector\ns 85 om A1995-48 s 60\nNotice of dissolution of partnership\ns 86 om A1995-48 s 60\n\nService on licensees and applicants for licences\ns 87 am A1995-48 s 61 and sch 3; A2001-70 amdt 1.166\nom A2003-56 amdt 3.223\nEvidence of licensing\ns 88 am A2011-16 amdt 1.38; A2011-48 amdt 1.50\nom A2016-46 amdt 2.29\nRequirement by commissioner or inspector\ns 89 hdg am A2011-16 amdt 1.38\ns 89 am A2011-16 amdt 1.38\nTemporary revival of licence following death of licensee\ns 89A ins A1995-48 s 62\nam A2001-44 amdt 1.3862 ; A2001-70 amdts 1.167-1.170;\nA2003-56 amdt 3.224, amdt 3.225; A2008-36 amdt 1.604;\nss renum R21 LA; A2009-49 amdt 3.177 A2011-16 amdt 1.38\nom A2016-46 amdt 2.29\nAnnual report\ns 90 om A1995-25 sch\nPower of Minister to determine fees\ns 90A ins Ord1983-38 s 6\nsub A2001-70 amdt 1.171\nom A2001-44 amdt 1.3863\nDetermination of fees and charges\ns 91 am A1994-60 sch 1\nom A1995-48 s 63\nins A2001-70 amdt 1.171\nsub A2001-44 amdt 1.3863\nExemption of vehicles from Act\ns 92 orig s 92\nrenum as s 94 and then s 95\npres s 92\nins A2001-44 amdt 1.3863\nApproved forms\ns 93 ins A2001-44 amdt 1.3863\nam A2011-16 amdt 1.38; A2025-29 amdt 4.163\nDelegation by registrar\ns 94 orig s 94\n(prev s 92) renum as s 94 and then s 95\npres s 94\nins A2006-40 amdt 1.36\nom A2011-16 amdt 1.35\n\nRegulation-making power\ns 95 (prev s 92) am Ord1989-38 sch 1\nsub A2001-70 amdt 1.172\nrenum and sub as s 94 A2001-44 amdt 1.3864\nrenum as s 95 A2006-40 amdt 1.37\nObligation of dealer to repair defects\nsch 1 ins A1995-48 s 64\nReviewable decisions\nsch 2 hdg (prev sch hdg) am A1995-48 s 65\nsch 2 (prev sch) am Ord1989-38 sch 1; A1995-48 s 65\nom A2001-70 amdt 1.173\nins A2008-36 amdt 1.605\nam A2011-16 amdt 1.38; A2016-46 amdt 2.30; items renum\nR42 LA\nOn-the-spot fines\nsch 3 ins A1995-48 s 66\nsub A2003-47 s 31\nom A2005-20 amdt 3.400\ndict ins A2001-70 amdt 1.174\nam A2003-56 amdt 3.226; A2006-22 amdt 1.116 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.82; A2008-36\namdts 1.606-1.608; A2009-20 amdt 3.192; A2009-49\namdt 3.178; A2010-40 amdt 1.33; A2010-54 amdt 3.53;\nA2011-22 amdt 1.400, amdt 1.401; A2011-49 amdt 1.19;\nA2012-40 amdt 3.101, A2013-39 amdt 2.58 (A2013-39 never\neffective (see Commonwealth v Australian Capital Territory\n[2013] HCA 55)); A2015-33 amdt 1.212; A2016-46 amdt 2.31\ndef accessory sub A1995-48 s 4\nam A2016-18 amdt 4.12\ndef ACTPLA certificate ins A2008-5 s 56\nom A2023-36 amdt 1.337\ndef body number reloc from s 3 A2001-70 amdt 1.77\ndef business ins A1995-48 s 4\ndef car market operator ins A1995-48 s 4\nreloc from s 3 A2001-70 amdt 1.77;\nam A2016-46 amdt 2.32\nom A2018-33 s 111\ndef cash price am A1995-48 s 4\ndef charge ins A1995-48 s 4\n\ndef commercial vehicle sub A1995-48 s 4\ndef commissioner ins A2011-16 amdt 1.36\ndef compensation fund ins A2001-70 amdt 1.174\ndef connected ins A2008-5 s 56\ndef corporate licensee ins A2001-70 amdt 1.174\ndef creditor ins A2001-13 s 5\ndef dealer ins A2001-70 amdt 1.174\nsub A2016-46 amdt 2.33\nam A2018-33 s 112; pars renum R43 LA\ndef dealings register ins A2001-70 amdt 1.174\ndef debtor ins A2001-13 s 5\ndef demonstrator ins A1995-48 s 4\ndef deputy registrar ins A1994-97 sch\nom A2011-16 amdt 1.37\ndef determined fee ins A1995-48 s 4\nins A2001-70 amdt 1.74\nom A2001-44 amdt 1.3865\ndef director-general ins A2001-13 s 5\ndef executive officer ins A2001-70 amdt 1.174\nam A2003-56 amdt 3.227\ndef final infringement notice ins A2001-70 amdt 1.174\ndef financier reloc from s 3 A2001-70 amdt 1.77\ndef function ins A2001-70 amdt 1.174\nom R15 LA\ndef ground for occupational discipline ins A2008-36\namdt 1.609\nom A2016-46 amdt 2.34\ndef hire-purchase agreement reloc from s 3 A2001-70\namdt 1.77\nalso ins A2001-13 s 5\nboth om A2002-30 amdt 3.785\nreloc from s 32A A2002-30 amdt 3.784\n\ndef hirer ins A2001-13 s 5\ndef individual licensee ins A2001-70 amdt 1.174\ndef infringement notice ins A2001-70 amdt 1.174\ndef inspector ins A2001-70 amdt 1.174\nam A2007-3 amdt 3.463\ndef lease ins A2001-13 s 5\ndef licence sub A1995-48 s 4\nsub A2016-46 amdt 2.35\ndef licenced ins A2016-46 amdt 2.36\ndef licensed car market operator ins A1995-48 s 4\ndef licensed dealer am A1995-48 s 4\ndef licensed wholesaler ins A1995-48 s 4\ndef light rail vehicle ins A2017-21 amdt 1.34\ndef manufacturer reloc from s 3 A2001-70 amdt 1.77\ndef model designation reloc from s 3 A2001-70 amdt 1.77\ndef motorcycle reloc from s 3 A2001-70 amdt 1.77\ndef motor vehicle ins Ord1985-70 s 3\nam A2001-44 amdt 1.3866; A2017-21 amdt 1.35\ndef new motor vehicle ins A1995-48 s 4\ndef non-dealer ins A2001-13 s 5\ndef notice ins A2001-13 s 5\ndef notified person ins A2001-70 amdt 1.174\n\ndef NSW Act ins A2001-13 s 5\nam R15 LA\ndef occupier ins A2008-5 s 56\ndef odometer reloc from s 3 A2001-70 amdt 1.77\ndef offence ins A2008-5 s 56\ndef on-the-spot fine ins A2001-70 amdt 1.174\ndef owner reloc from s 3 A2001-70 amdt 1.77\nalso ins A2001-13 s 5\nboth om A2002-30 amdt 3.785\nsub A2010-15 amdt 3.6\ndef participating State ins A2001-13 s 5\ndef payment ins A2001-13 s 5\ndef police certificate ins A2008-5 s 56\nam A2011-49 amdt 1.20; A2015-45 amdt 1.8\ndef premises ins A1995-48 s 4\ndef purchase ins A2001-13 s 5\ndef qualified accountant ins A1995-48 s 4\nam A2004-42 amdt 3.85; A2011-27 amdt 1.14\ndef register reloc from s 3 A2001-70 amdt 1.77\ndef registered ins A2001-13 s 5\ndef register of interests ins A2001-13 s 5\n\ndef registrar sub A1994-97 sch\nom A2011-16 amdt 1.37\ndef registrable interest ins A2001-13 s 5\ndef relevant amount ins A2001-70 amdt 1.174\ndef relevant chief executive ins A2001-70 amdt 1.174\nom A2002-56 amdt 3.56\ndef relevant period for payment ins A2001-70 amdt 1.174\ndef reviewable decision ins A2008-36 amdt 1.609\ndef security interest ins A2001-13 s 5\ndef sell reloc from s 3 A2001-70 amdt 1.77\ndef schedule 3 offence ins A2001-70 amdt 1.174\ndef suitable person ins A2001-70 amdt 1.174\ndef the NSW Act see NSW Act\ndef trade owner am A1995-48 s 4\ndef tribunal sub Ord1989-38 sch 1\nom A1994-60 sch 1\ndef unsuitable person ins A2001-70 amdt 1.174\ndef vehicle sale licence ins A1995-48 s 4\ndef wholesaler ins A1995-48 s 4\nam A2016-46 amdt 2.38; A2018-33 s 113\n\n","sortOrder":84},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 30 June 1991\n2 A1995-48 31 January 1996\n3 A1998-54 31 March 1999\n4 A2001-70 13 March 2002\n5 A2001-70 14 March 2002\n6 A2002-11 29 May 2002\n7 A2002-30 16 October 2002\n8 A2003-14 28 March 2003\n9 A2003-14 1 July 2003\n10 A2003-47 1 November 2003\n11 A2003-56 19 December 2003\n12 A2004-15 9 April 2004\n13 A2004-42 25 August 2004\n14* A2004-42 20 December 2004\n15 A2005-20 2 June 2005\n16 A2005-20 12 November 2005\n17 A2006-40 29 September 2006\n18 A2007-3 12 April 2007\n19 A2008-14 19 May 2008\n20 A2008-14 1 July 2008\n21 A2008-36 2 February 2009\n22 A2009-20 22 September 2009\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n23 A2009-49 17 December 2009\n24 A2010-40 6 October 2010\n25 A2010-54 1 January 2011\n26 A2011-22 1 July 2011\n27 A2011-27 13 September 2011\n28 A2011-27 17 November 2011\n29 A2011-49 12 December 2011\n30 A2011-49 30 January 2012\n31 A2011-49 1 March 2012\n32 A2012-2 28 May 2012\n33 A2012-21 5 June 2012\n34 A2012-40 11 September 2012\n35 A2013-28 22 August 2013\n36 A2013-39 (never effective) 7 November 2013\n36 (RI) A2013-39 (never effective) ≠ 24 February 2014\n37 A2014-47 7 November 2014\n38 A2015-33 14 October 2015\n39 A2015-45 7 November 2015\n40 A2016-18 27 April 2016\n41 A2017-21 15 August 2017\n42 A2017-21 22 August 2017\n43 A2018-33 2 October 2018\n44 A2018-33 23 October 2018\n45 A2023-36 27 November 2023\n≠ reissue because of High Court decision in relation to A2013-39","sortOrder":85}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since its origin as a 1977 ordinance the Act has expanded beyond basic sale rules to add trust-account regulation (ss 33–43), statutory dealer repair obligations and detailed exceptions (s 23; ss 24–25A; sch 1), an express cooling-off right (s 25B), integration with the PPS regime and liability to secured creditors (s 32A), and a comprehensive enforcement regime for inspections, digital data access and search warrants (pt 10A, ss 70A–70O). These additions broaden regulatory reach and administrative enforcement compared with the original enactment."},"complexity_factors":["Extensive cross-references to other laws (Personal Property Securities Act 2009 (see s 32A), Traders (Licensing) Act 2016 and National Credit Code) increasing legal interaction.","Detailed operational requirements for dealers: record-keeping and searchable computer system rules (ss 15–16), prescribed notice content and form (s 20), and agent-authority documentation (s 31).","Financial controls and accountability: trust-account rules, restricted withdrawals, receipts, audit and qualified-auditor requirements (ss 33–43).","Substantive consumer-protection obligations with technical thresholds and exceptions: dealer repair obligations, exceptions and defect-notice regime (ss 23–25A; sch 1).","Robust enforcement regime including entry, consent, search warrants, seizure, electronic data access and specialist-assistance orders (pt 10A, ss 70A–70O).","Multiple offence types, strict liability provisions and employer liability for employee breaches (pt 10, s 68), with varied penalties and limitation periods (s 69).","Administrative decision and review framework (pt 8, sch 2) plus a statutory compensation fund and subrogation (pt 9, ss 60–65).","Granular definitions and exceptions in the dictionary that affect application and interpretation across many provisions.","Many notifiable, disallowable and delegated instruments (s 91–93, schs) increase discretion and secondary-law complexity.","Extensive amendment history and consequential provisions noted in endnotes, indicating evolving scope and interpretive complexity."],"plain_english_summary":"This Act regulates motor-vehicle sales and dealer licensing in the ACT. It defines when a vehicle is treated as sold, requires dealers to keep dealings registers and attach sale notices, imposes time-limited dealer repair obligations for defects, sets trust-account rules for money held on others’ behalf, provides a 3‑day cooling-off right, and establishes enforcement powers and penalties.\n\nIt affects licensed dealers, wholesalers, financiers and consumers by allocating compliance costs and duties to dealers (records, notices, repairs, trust accounts), granting inspectors entry/seizure powers, and creating a compensation fund and review rights."},"kimi_summary":{"_metrics":{"completionTokens":825},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has significantly narrowed in scope since 1977. Originally it included comprehensive licensing provisions for dealers, wholesalers and car market operators (Parts 2, 6, 6A, 7). These were removed in 2016 and transferred to the Traders (Licensing) Act 2016. The current Act focuses on consumer protection (warranties, cooling-off, disclosure) and enforcement rather than industry regulation. The 2016 amendments also removed the registrar and deputy registrar roles, replacing them with the commissioner for fair trading."},"complexity_factors":["Extensive cross-referencing with the Traders (Licensing) Act 2016 (licensing provisions removed from this Act in 2016)","Multiple conditional warranty periods in Schedule 1 with kilometre/time thresholds that vary by vehicle type and prior use","Nested exceptions in sections 24-25: defect notices, excluded defects, and ministerial declarations creating multiple layers of exemption","Detailed enforcement powers in Part 10A with 24 sections covering entry, warrants, seizure, and forfeiture with specific procedural requirements","Trust account rules with criminal penalties (up to 6 months imprisonment) and strict accounting/audit requirements","Interaction with Commonwealth Personal Property Securities Act 2009 for security interests","Significant legislative history showing major restructuring in 2016 when licensing moved to separate Act","Dictionary with 40+ defined terms including complex definitions like 'cash price' and 'commercial vehicle'"],"plain_english_summary":"This Act governs motor vehicle sales in the ACT, setting special rules for licensed dealers and wholesalers while protecting buyers and covering private sellers. Dealers must keep detailed registers, display vehicle notices, hold trust accounts, and follow odometer and advertising rules; they can’t hide security interests or contract out of buyer protections. Buyers get a 3-business-day cooling-off period, statutory warranties, and access to a compensation fund. Inspectors have powers to investigate; some sales (government, certain commercial or auction transactions) are exempt."}},"importantCases":[],"_links":{"self":"/api/acts/sale-of-motor-vehicles-act-1977","history":"/api/acts/sale-of-motor-vehicles-act-1977/history","analysis":"/api/acts/sale-of-motor-vehicles-act-1977/analysis","conflicts":"/api/acts/sale-of-motor-vehicles-act-1977/conflicts","importantCases":"/api/acts/sale-of-motor-vehicles-act-1977/important-cases","documents":"/api/acts/sale-of-motor-vehicles-act-1977/documents"}}