{"id":"second-hand-vehicle-dealers-act-1995","name":"Second-hand Vehicle Dealers Act 1995","slug":"second-hand-vehicle-dealers-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109874,"registerId":"sa-second-hand-vehicle-dealers-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Second-hand Vehicle Dealers Act 1995.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauctioneer means a person who carries on the business of conducting auctions for the sale of goods, and includes a dealer who in the course of business conducts an auction for the sale of a second-hand vehicle;\nauthorised officer means an authorised officer under the Fair Trading Act 1987;\nbusiness day means a day other than a Sunday or public holiday;\nclose associate—see section 3A;\nCommissioner means the Commissioner for Consumer Affairs;\ncooling-off period, in relation to a contract for the sale of a second‑hand vehicle, means the period commencing when the contract is made and concluding at the end of the second clear business day after the day on which the contract is made;\ncredit provider means a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth;\ndealer means a person who carries on the business of buying or selling second-hand vehicles;\ndirector of a body corporate includes—\n\t(a)\ta person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and\n\t(b)\tany person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;\nlicence means a licence under Part 2 and licensed and licensee have corresponding meanings;\nMagistrates Court means the Civil (Consumer and Business) Division of the Magistrates Court;\nmodel designation means the words and symbols (if any) used by the manufacturer of a vehicle to identify the model of the vehicle;\nnotified premises, in relation to a dealer, means premises in relation to which the dealer has given notice to the Commissioner as required by section 14;\noffer for sale—an offer for sale includes exposure for sale, an invitation to treat and the publishing, or authorising the publication, of an advertisement;\nregistered, in relation to a vehicle, means registered under the Motor Vehicles Act 1959, or under a corresponding Act or law of another State or a Territory of the Commonwealth;\nsalesperson means a person who, for or on behalf of a dealer—\n\t(a)\tbuys or sells second‑hand vehicles; or\n\t(b)\tinduces or attempts to induce, or negotiates with a view to inducing, a person to buy or sell a second‑hand vehicle; or\n\t(c)\tperforms a function of a kind prescribed by regulation for the purposes of this paragraph;\nsecond-hand vehicle means a vehicle that has been used for a purpose not connected with its manufacture or sale, including a vehicle that has been used for the purpose of demonstration in connection with the sale of another vehicle;\nsell includes exchange, and sell on behalf of another person; and sale, offer for sale and expose for sale have corresponding meanings;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nvehicle means a vehicle—\n\t(a)\tthat is used or capable of being used for transportation on land; and\n\t(b)\tthat is designed to be wholly or partly propelled by an engine;\nvehicle leasing agreement means an agreement under which a vehicle is let on hire for a period exceeding four months;\nvehicle leasing business means a business in which vehicles are let on hire under vehicle leasing agreements;\nyear of first registration, in relation to a vehicle, means the year in which the vehicle was first registered.\n\t(2)\tA reference in this Act to repairing a defect will, in relation to a defect in the battery of a prescribed electric vehicle or prescribed hybrid vehicle, be taken to be a reference to replacing the battery.\n3A—Close associates\n\t(1)\t2 persons are close associates if—\n\t(a)\t1 is a spouse, domestic partner, parent, brother, sister or child of the other; or\n\t(b)\tthey are members of the same household; or\n\t(c)\tthey are in partnership; or\n\t(d)\tthey are joint venturers; or\n\t(e)\tthey are related bodies corporate; or\n\t(f)\t1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or\n\t(g)\t1 is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or\n\t(h)\t1 is a body corporate whose shares are quoted on a prescribed financial market and the other is a substantial shareholder (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or\n\t(i)\t1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(j)\t1 is in a position to exercise control or significant influence over the conduct of the other.\n\t(2)\tFor the purposes of subsection (1)—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nprescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth;\nspouse—a person is the spouse of another if they are legally married.\n4—Application of Act\n\t(1)\tSubject to this section, if a dealer sells a second-hand vehicle to a credit provider on the understanding that the vehicle will be sold or let on hire to a third person and it is sold or let on hire to the third person, this Act applies as if the dealer had sold the vehicle to the third person.\n\t(2)\tSection 171 and Part 3 Division 1 Subdivision 3 do not apply to such a sale by a dealer.\nNote—\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Section 17 sets out the requirements for a contract for the sale of a second-hand vehicle by a dealer.","content":"1\tSection 17 sets out the requirements for a contract for the sale of a second-hand vehicle by a dealer.\n5—Non-derogation\n\t(1)\tThe provisions of this Act are in addition to and do not derogate from the provisions of any other Act.\n\t(2)\tThe provisions of this Act do not limit or derogate from any civil remedy at law or in equity.\n6—Commissioner responsible for administration of Act\nThe Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licensing of dealers","content":"Part 2—Licensing of dealers\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Grant of licences","content":"Division 1—Grant of licences\n7—Dealers to be licensed\n\t(1)\tA person must not carry on business, or hold himself or herself out, as a dealer unless licensed under this Act.\n\t(a)\tfor an offence committed by an individual—\n\t(i)\tfor a first or second offence—$150 000; or\n\t(ii)\tfor a third or subsequent offence—$250 000 or 2 years imprisonment or both; or\n\t(b)\tfor an offence committed by a body corporate—$500 000.\n\t(2)\tThis section does not apply to—\n\t(a)\ta person whose principal business is that of a credit provider—\n\t(i)\twhose business as a dealer is incidental to the credit business; and\n\t(ii)\twho, in carrying on business as a dealer, observes any requirements imposed by regulation for the purposes of this paragraph; or\n\t(b)\tan auctioneer who sells second-hand vehicles on behalf of other persons—\n\t(i)\tby auction; or\n\t(ii)\tby sales negotiated immediately after conducting auctions for the sale of the vehicles,\nand who does not otherwise carry on the business of buying or selling second-hand vehicles; or\n\t(c)\tthe Crown.\n8—Application for licence\n\t(1)\tAn application for a licence must—\n\t(a)\tbe made to the Commissioner in the manner and form approved by the Commissioner; and\n\t(b)\tbe accompanied by the fee fixed by regulation.\n\t(2)\tAn applicant for a licence must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application.\n\t(3)\tIf an applicant for a licence has previously failed to pay a fee, penalty or contribution that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee, penalty or contribution (as the case may be).\n\t(4)\tThe Commissioner may, by notice in writing, require an applicant for a licence, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction.\n\t(5)\tIf the applicant fails to comply with the notice under subsection (4), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application.\n9—Entitlement to be licensed\n\t(1)\tA natural person is entitled to be licensed as a dealer if the person—\n\t(a)\tis of or above the age of 18 years; and\n\t(b)\thas not—\n\t(ii)\tduring the period of 10 years preceding the application for a licence, been convicted of a summary offence of dishonesty; and\n\t(c)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(d)\tis not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and\n\t(e)\thas not, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors—\n\t(i)\twhen the body was being so wound up; or\n\t(ii)\twithin the period of six months preceding the commencement of the winding up; and\n\t(f)\tis a fit and proper person to be the holder of a licence.\n\t(2)\tA body corporate is entitled to be licensed as a dealer if—\n\t(a)\tthe body corporate—\n\t(i)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; and\n\t(ii)\tis not being wound up and is not under official management or in receivership; and\n\t(b)\tno director of the body—\n\t(i)\thas—\n\t(A)\tbeen convicted of an indictable offence of dishonesty; or\n\t(B)\tduring the period of 10 years preceding the application for a licence, been convicted of a summary offence of dishonesty; or\n\t(ii)\tis suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth; or\n\t(iii)\thas, during the period of five years preceding the application for the licence, been a director of a body corporate wound up for the benefit of creditors—\n\t(A)\twhen the body was being so wound up; or\n\t(B)\twithin the period of six months preceding the commencement of the winding up; and\n\t(c)\teach director of the body is a fit and proper person to be the director of a body that is the holder of a licence.\n10—Reviews\n\t(1)\tAn applicant for a licence may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application.\n\t(2)\tSubject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision.\n\t(3)\tThe Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application.\n\t(4)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons.\n11—Duration of licence and annual fee and return\n\t(1)\tA licence remains in force (except for any period for which it is suspended) until—\n\t(a)\tthe licence is surrendered or cancelled; or\n\t(b)\tthe licensed dealer dies or, in the case of a licensed body corporate, is dissolved.\n\t(2)\tA licensed dealer must, each year not later than the date fixed by regulation—\n\t(a)\tpay to the Commissioner the fee fixed by regulation; and\n\t(b)\tlodge with the Commissioner a return in the manner and form required by the Commissioner.\n\t(3)\tIf a licensed dealer fails to pay the annual fee or lodge the annual return in accordance with subsection (2), the Commissioner may, by notice in writing, require the dealer to make good the default.\n\t(4)\tIf the dealer fails to comply with the notice within 28 days after service of the notice, the dealer's licence is cancelled.\n\t(5)\tThe Commissioner must notify the dealer in writing of the cancellation of the dealer's licence.\n\t(6)\tA licensed dealer may surrender the licence.\n\t(7)\tIn this section—\nlicensed dealer includes a licensed dealer whose licence has been suspended.\n12—Requirements for insurance\n\t(1)\tA person must, at all times when carrying on business as a dealer, be insured in accordance with the regulations.\n\t(2)\tA dealer's licence is suspended for any period for which the dealer is not insured as required under subsection (1).\n13—Incorporated dealer's business to be properly managed and supervised\nA licensed dealer that is a body corporate must ensure that the dealer's business is properly managed and supervised by a licensed dealer who is a natural person.\n13A—Salespersons\n\t(1)\tA dealer must not employ a person as a salesperson unless the person—\n\t(a)\thas not—\n\t(ii)\tduring the period of 10 years preceding the employment, been convicted of a summary offence of dishonesty; and\n\t(b)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth.\n\t(2)\tA person must not act as a salesperson unless the person—\n\t(a)\thas not—\n\t(ii)\tduring the period of 10 years preceding the employment, been convicted of a summary offence of dishonesty; and\n\t(b)\tis not suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth.\n\t(3)\tFor the purposes of subsection (2), a person acts as a salesperson if the person—\n\t(a)\tis or remains in the service of a dealer as a salesperson; or\n\t(b)\tholds himself or herself out as a salesperson; or\n\t(c)\totherwise acts as a salesperson.\n\t(4)\tA provision of this section that provides that a person must not be employed or act as a salesperson if the person is convicted, disqualified or suspended applies to a person who is employed as a salesperson, or who is acting as a salesperson, immediately before the commencement of this section only if the person is convicted, disqualified or suspended after the commencement.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Notification of dealer's business premises","content":"Division 2—Notification of dealer's business premises\n14—Notification of business premises\n\t(1)\tA licensed dealer must, before commencing to carry on business as a dealer at any premises, give the Commissioner notice in relation to the premises as required by this section.\n\t(2)\tA licensed dealer may carry on business as a dealer at—\n\t(a)\ta motor show; or\n\t(b)\tany other organised event at which motor vehicles are exhibited,\nfor a period not exceeding 7 days without complying with subsection (1) in relation to the premises at which the motor show or other event is being held provided that the dealer also carries on business as a dealer at premises in relation to which the dealer has given notice under that subsection.\n\t(3)\tA licensed dealer is not required to comply with subsection (1) in relation to premises in relation to which information was provided to the Commissioner by the dealer as part of an application for a licence to carry on business as a dealer.\n\t(4)\tA licensed dealer must, within 14 days after ceasing to carry on business as a dealer at premises in relation to which the dealer has given notice under subsection (1), give the Commissioner notice of that fact.\n\t(5)\tNotice under this section must be given in a manner and form approved by the Commissioner.\n","sortOrder":4},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Suspension or variation of licence in urgent circumstances","content":"Part 2A—Suspension or variation of licence in urgent circumstances\n14A—Commissioner may suspend or impose conditions on licence in urgent circumstances\n\t(1)\tIf the Commissioner is of the opinion that—\n\t(a)\tthere are reasonable grounds to believe that a licensed dealer has engaged or is engaging in conduct that constitutes grounds for disciplinary action under Part 5; and\n\t(b)\tit is likely that the dealer will continue to engage in that conduct; and\n\t(c)\tthere is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of the dealer's conduct unless action is taken urgently,\nthe Commissioner may, by notice served on the dealer—\n\t(d)\tsuspend the dealer's licence for a specified period (not exceeding 6 months) or until the fulfilment of stipulated conditions; or\n\t(e)\timpose conditions on the dealer's licence.\n\t(2)\tIf the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence under this section have so altered that the imposition of the conditions is no longer necessary, the Commissioner must, by further notice specifying the date of termination, terminate the imposition of the conditions.\n\t(3)\tIf, during the suspension of a licence under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have so altered that the suspension should be terminated, the Commissioner must, by further notice specifying the date of termination, terminate the suspension without delay and restore the licence to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(4)\tA person whose licence has been suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to suspend the licence or to impose the conditions.\n\t(5)\tSubject to subsection (7), an application for review must be made within 1 month of the making of the Commissioner's decision.\n\t(6)\tThe Commissioner must, if so required by the person whose licence has been suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(9)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n","sortOrder":5},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Cancellation, suspension or variation of licence","content":"Part 2B—Cancellation, suspension or variation of licence\n14B—Commissioner may cancel, suspend or impose conditions on licence\n\t(1)\tIf the Commissioner is satisfied that events have occurred such that a licensed dealer would not be entitled to be so licensed if the person were to apply for the licence, the Commissioner may, by notice served on the person—\n\t(a)\tcancel the licence; or\n\t(b)\tsuspend the licence for a specified period or until the fulfilment of stipulated conditions; or\n\t(c)\timpose conditions on the licence.\n\t(2)\tIf the Commissioner is satisfied that the facts and circumstances that gave rise to the imposition of conditions on a licence under this section have altered, the Commissioner may, by further notice specifying the date of termination, terminate the imposition of the conditions.\n\t(3)\tIf, during the suspension of a licence under this section, the Commissioner is satisfied that the facts and circumstances that gave rise to the suspension have altered, the Commissioner may, by further notice specifying the date of termination, terminate the suspension and restore the licence to the person (either in the form in which it existed prior to the suspension or subject to new conditions).\n\t(4)\tA person whose licence is cancelled, suspended or made subject to conditions under this section may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Commissioner to cancel or suspend the licence or to impose the conditions.\n\t(5)\tSubject to subsection (7), an application for review must be made within 1 month of the making of the relevant decision of the Commissioner.\n\t(6)\tThe Commissioner must, if so required by the person whose licence has been cancelled or suspended or made subject to conditions, state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of making the decision and the person (within 1 month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(9)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\nPart 3—Dealing in second-hand vehicles\nDivision 1—Sales other than by auction\nSubdivision 1—Application of Division\n15—Application of Division\n\t(1)\tThis Division, other than section 18E, does not apply to—\n\t(a)\tthe sale of a second-hand vehicle by auction; or\n\t(b)\tthe sale, or offering for sale, of a second-hand vehicle to a dealer.\n\t(2)\tThis Division, other than sections 17 and 18E, does not apply to the sale of a second‑hand vehicle negotiated by an auctioneer immediately after the conduct of an auction for the sale of the vehicle.\n","sortOrder":6},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Notices and form of contract","content":"Subdivision 2—Notices and form of contract\n16—Notices to be displayed\n\t(1)\tA dealer must not offer a second-hand vehicle for sale unless a notice in the prescribed form containing the required particulars and statements relating to the vehicle is attached to the vehicle.\n\t(2)\tFor the purposes of subsection (1), a vehicle owned by a dealer and located in a part of the dealer's premises in which other vehicles are exposed for sale will be regarded as being exposed for sale by the dealer unless a notice is attached to the vehicle in a prominent position advising that the vehicle is not for sale.\n\t(3)\tFor the purposes of subsection (1), the required particulars and statements relating to a vehicle are—\n\t(a)\tthe name in which the dealer is licensed and business address of the dealer; and\n\t(b)\tunless the dealer is offering the vehicle for sale on behalf of another dealer, a statement—\n\t(i)\tthat the dealer will be liable to discharge the duty to repair under Part 4; or\n\t(ii)\tif there is no duty to repair under Part 4—that there is no duty to repair the vehicle; and\n\t(c)\tif the dealer is offering the vehicle for sale on behalf of another dealer—\n\t(i)\tthe name in which the other dealer is licensed and business address of the other dealer; and\n\t(ii)\ta statement—\n\t(A)\tthat the other dealer will be liable to discharge the duty to repair under Part 4; or\n\t(B)\tif there is no duty to repair under Part 4—that there is no duty to repair the vehicle; and\n\t(d)\ta statement that the name and address of the last owner of the vehicle who was not a dealer are available on request from the dealer; and\n\t(e)\tif the owner referred to in paragraph (d) carried on a vehicle leasing business and let the vehicle on hire to another person under a vehicle leasing agreement—a statement that the other person's name and address are available on request from the dealer; and\n\t(f)\tthe price at which the vehicle (in the condition in which it is offered for sale) may be purchased for cash, including any fees and charges payable to the dealer (except prescribed fees and charges); and\n\t(g)\tthe vehicle's year of manufacture (as determined by the regulations); and\n\t(h)\tthe vehicle's year of first registration; and\n\t(i)\tthe vehicle's manufacturer and model designation; and\n\t(j)\tif the vehicle is registered—the vehicle's registration number; and\n\t(k)\tif the vehicle is not registered—the vehicle's engine number; and\n\t(l)\tif the vehicle is equipped with an odometer—\n\t(i)\tthe reading of the odometer at the time the vehicle was acquired from the last owner of the vehicle who was not a dealer; and\n\t(ii)\t—\n\t(A)\tif it is more likely than not that the reading of the odometer is a reasonably accurate measure of the distance travelled by the vehicle—a statement that the odometer reading may be regarded as reasonably accurate; or\n\t(B)\tif that is not the case—the statement required by the regulations; and\n\t(m)\tsuch other particulars and statements as are prescribed.\n\t(4)\tIn proceedings for an offence relating to a failure to include in a notice all the particulars and statements required under this section or the inclusion of any incorrect particulars or statement, it is a defence to prove that the defendant, having made reasonable inquiries and a proper examination of the vehicle, complied with the requirements of the subsection to the best of the defendant's knowledge, information and belief.\n\t(5)\tThe dealer must, on request by a potential purchaser, disclose the name and address of the last owner (or lessee) of the vehicle to the potential purchaser before a contract is made for the purchase of the vehicle.\n\t(6)\tA dealer must not, in an advertisement published in connection with the sale of a second-hand vehicle, refer directly or indirectly to the odometer reading of the vehicle or the distance travelled by the vehicle unless a notice is attached to the vehicle under this section and the notice contains a statement by the dealer that the odometer reading of the vehicle may be regarded as reasonably accurate.\n\t(7)\tA person from whom a dealer acquires ownership of a second-hand vehicle or on whose behalf a dealer is selling a second-hand vehicle must not give the dealer any information as to any of the matters referred to in subsection (3) that is, to that person's knowledge, false or misleading in a material particular.\nMaximum penalty: $2 500.\n17—Form of contract\n\t(1)\tA contract for the sale of a second-hand vehicle by a dealer must—\n\t(a)\tbe in writing; and\n\t(b)\tbe comprised in one document; and\n\t(c)\tbe signed by the parties to the sale; and\n\t(d)\tcontain the following information set out in the prescribed manner:\n\t(i)\tthe name in which the dealer is licensed and the business address of the dealer; and\n\t(ii)\ta brief description or identification of the vehicle; and\n\t(iia)\tif the contract is subject to a cooling‑off period—\n\t(A)\twhen the cooling‑off period will expire; and\n\t(B)\tprescribed information about the rights and obligations of the parties to the sale under Subdivision 3; and\n\t(iii)\tif the vehicle is registered—the vehicle's registration number; and\n\t(iv)\tif the vehicle is not registered—the vehicle's engine number; and\n\t(v)\tthe price for which the vehicle is being sold and the amount of any other fees and charges payable by the purchaser (being fees or charges payable to the dealer or of a kind prescribed by regulation) together with a description of each such fee or charge; and\n\t(vi)\tif all or part of the consideration passing from the purchaser is represented by a vehicle or other thing—the monetary value ascribed to that vehicle or thing; and\n\t(vii)\tif a place has been agreed on as the place at which the vehicle may be delivered for the purpose of repair under Part 4—the address of the agreed place; and\n\t(viii)\tif a place has not been agreed on as the place at which the vehicle may be delivered for the purpose of repair under Part 4—a statement that the vehicle may be delivered to any business premises of the dealer for that purpose; and\n\t(ix)\tsuch other particulars as are prescribed; and\n\t(e)\tcontain a statement to the effect that a purported exclusion, limitation, modification or waiver of the rights conferred by this Act is void unless expressly provided for by this Act.\n\t(1a)\tWithout limiting subsection (1), nothing in that subsection prevents a dealer from including such other information as the dealer thinks fit in a contract for the sale of a second‑hand vehicle by the dealer.\n\t(2)\tIf a contract for the sale of a second-hand vehicle by a dealer is not in writing signed by the parties, the contract is not enforceable against the purchaser.\n\t(3)\tIf a contract for the sale of second-hand vehicle by a dealer does not comply with subsection (1), the dealer is guilty of an offence.\n\t(4)\tThe dealer must ensure that the document intended to constitute the contract is not submitted to the purchaser for signature unless—\n\t(a)\tit contains all the material terms of the contract including the particulars required under this section; and\n\t(b)\tif the document is not to be signed by the parties in each other's presence—a copy of the document is at the same time given to the purchaser for retention.\n\t(5)\tIf the parties sign the contract document in each other's presence, the dealer must ensure that a copy of the signed document is immediately given to the purchaser for retention.\n\t(6)\tIf a party signs the contract document when not in the presence of the purchaser, the dealer must ensure that a copy of the signed document is, within seven days, given or sent to the purchaser for retention.\n\t(7)\tThis section does not apply to the sale of a second-hand vehicle negotiated by an auctioneer immediately after the conduct of an auction for the sale of the vehicle unless the sale is made on the auctioneer's own behalf or on behalf of another person who is a dealer.\n18—Notices to be provided to purchasers of second-hand vehicles\nOn the sale of a second-hand vehicle by a dealer, the dealer must ensure that—\n\t(a)\ta copy of the notice that was required to be attached to the vehicle under section 16; and\n\t(b)\ta notice in the prescribed form,\nare given to the purchaser for retention before the purchaser takes possession of the vehicle.\n","sortOrder":7},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Cooling‑off","content":"Subdivision 3—Cooling‑off\n18A—Interpretation\nIn this Subdivision—\napproved form means a form approved by the Commissioner.\n18B—Cooling‑off\n\t(1)\tThis section applies to a contract entered into by a dealer after the commencement of this section for the sale of a second‑hand vehicle to a natural person, other than a contract for the sale of a vehicle of a prescribed class or the sale of a vehicle in prescribed circumstances.\n\t(2)\tSubject to this section, a purchaser under a contract to which this section applies may, by giving the dealer written notice before the expiration of the cooling‑off period of the purchaser's intention not to be bound by the contract, rescind the contract.\n\t(3)\tThe notice may be given—\n\t(a)\tby giving it to the dealer personally; or\n\t(b)\tby posting it by registered post to the dealer's address for service (in which case the notice is taken to have been given when the notice is posted); or\n\t(c)\tby leaving it for the dealer at the dealer's address for service with a person apparently responsible to the dealer; or\n\t(d)\tby transmitting it by email to an email address provided by the dealer (in which case the notice is taken to have been given at the time of transmission).\n\t(4)\tIf in legal proceedings the question arises whether a notice has been given in accordance with this section, the burden of proving the giving of the notice lies on the purchaser.\n\t(5)\tA dealer, or a person acting on behalf of a dealer, may not demand or require the purchaser of a second‑hand vehicle under a contract to which this section applies to make a payment in respect of the sale before the expiration of the cooling‑off period, other than payment of a deposit towards the contract price of the vehicle that does not exceed 10% of that price.\n\t(6)\tIn proceedings for an offence against subsection (5), if it is proved that the defendant received money from the purchaser, it will be presumed, in the absence of proof to the contrary, that the defendant demanded or required the payment of that money.\n\t(7)\tIf a purchaser rescinds a contract by notice under this section, the dealer must, before the end of the next clear business day after receiving the notice, refund to the purchaser any amount paid in respect of the sale less 2% of the contract price of the vehicle or $100, whichever is the lesser (which the dealer is entitled to retain).\nExpiation fee: $500.\n\t(8)\tFor the purposes of subsection (7), a refund may be paid—\n\t(a)\tby giving the purchaser payment in cash or by cheque; or\n\t(b)\tby posting a cheque by registered post to the purchaser's last known address (in which case the refund is taken to have been paid when the cheque is posted); or\n\t(c)\tby electronic transfer of funds into an ADI account nominated by the purchaser (in which case the refund is taken to have been paid when the transfer is executed by the dealer); or\n\t(d)\tby any other prescribed method.\n\t(9)\tIf the purchaser of a second‑hand vehicle under a contract to which this section applies enters into a contract for the provision of credit (a credit contract) in connection with the purchase, the following provisions apply:\n\t(a)\tif the contract for the purchase of the vehicle is rescinded under this section—the credit contract is void and any associated mortgage or other security taken by the credit provider is discharged;\n\t(b)\tif the contract for the purchase of the vehicle is not rescinded—the credit contract does not take effect until—\n\t(i)\tthe purchaser waives his or her right to a cooling‑off period in relation to the contract for the purchase of the vehicle in accordance with section 33; or\n\t(ii)\tif the right to a cooling‑off period is not waived— the expiration of the cooling‑off period.\n18C—Legal title to vehicle remains with dealer during cooling‑off period\nSubject to an agreement in the approved form between a dealer and a purchaser under a contract for the sale of a second‑hand vehicle to which section 18B applies, the following provisions apply in respect of the contract:\n\t(a)\tlegal title to the vehicle does not pass from the dealer to the purchaser until the expiration of the cooling‑off period in relation to the contract;\n\t(b)\tthe dealer is entitled to retain possession of the vehicle during the cooling‑off period;\n\t(c)\tthe dealer must allow the purchaser, or a person nominated by the purchaser, reasonable access to the vehicle during the cooling‑off period for the purpose of test driving or inspecting the vehicle;\n\t(d)\tneither the dealer nor the purchaser, nor a person acting on behalf of the dealer or the purchaser, may drive the vehicle more than 100 kilometres during the cooling‑off period;\n\t(e)\tthe dealer must ensure during the cooling‑off period that the vehicle—\n\t(i)\tis roadworthy; and\n\t(ii)\tis insured against loss or damage; and\n\t(iii)\tis registered, or bears trade plates, and is insured in accordance with the requirements of the Motor Vehicles Act 1959.\n18D—Trade‑in vehicles\n\t(1)\tIf in connection with a contract to which section 18B applies, legal title to a vehicle owned by the purchaser is to pass to the dealer by way of trade‑in (the trade‑in vehicle), the following provisions apply:\n\t(a)\tthe purchaser is to retain possession of the trade‑in vehicle during the cooling‑off period;\n\t(b)\tdetails of the condition of the trade‑in vehicle at the commencement of the cooling‑off period must be recorded in the approved form, which must be signed by the dealer and the purchaser;\n\t(c)\tlegal title to the trade‑in vehicle does not pass to the dealer until the expiration of the cooling‑off period.\n\t(2)\tIf during the cooling‑off period the trade‑in vehicle, or any part of the trade‑in vehicle, is altered in any way or damaged—\n\t(a)\tthe dealer may, by written notice in the approved form given personally to the purchaser, rescind the contract to which section 18B applies and any contract made in connection with that contract; and\n\t(b)\tif the contract to which section 18B applies is so rescinded—any contract entered into by the purchaser for the provision of credit in connection with that contract is void and any associated mortgage or other security taken by the credit provider is discharged.\n18E—Option to purchase vehicle subject to contract for sale\n\t(1)\tA dealer must not, during the cooling‑off period in relation to a contract for the sale of a second‑hand vehicle—\n\t(a)\tsell or offer for sale the vehicle or an interest in the vehicle other than an option to purchase the vehicle if the contract for the sale of the vehicle is rescinded; or\n\t(b)\toffer for sale more than 1 option to purchase the vehicle.\nMaximum penalty: $20 000.\n\t(2)\tA dealer proposing to grant an option to a person to purchase a second‑hand vehicle during the cooling‑off period in relation to a contract for the sale of the vehicle—\n\t(a)\tmay require the person to pay a deposit towards the proposed contract price of the vehicle that does not exceed 2% of that price or $100, whichever is the lesser; and\n\t(b)\tmust provide the person with a notice in the approved form—\n\t(i)\tadvising that the vehicle is subject to a contract for sale and the person will only be entitled to purchase the vehicle if the contract is rescinded; and\n\t(ii)\tcontaining other prescribed information.\n\t(3)\tThe holder of an option to purchase a second‑hand vehicle subject to a contract for sale is entitled to a refund of any deposit paid in order to secure the option if, and only if, the contract for sale is not rescinded.\nDivision 2—Sales by auction\n19—Interpretation\nIn this Division—\ntrade auction means an auction for the sale of a second-hand vehicle at which bids are accepted only from dealers.\n20—Notices to be displayed\n\t(1)\tAn auctioneer must not conduct an auction for the sale of a second-hand vehicle (other than a trade auction) unless a notice in the prescribed form containing the required particulars and statements relating to the vehicle is attached to the vehicle and has been attached to the vehicle at all times when the vehicle has been available for inspection by prospective bidders.\n\t(2)\tFor the purposes of subsection (1), the required particulars and statements are—\n\t(a)\tthe name and business address of the auctioneer; and\n\t(b)\tif the auctioneer is conducting the auction—\n\t(i)\ton the auctioneer's own behalf, a statement—\n\t(A)\tthat the auctioneer will be liable to discharge the duty to repair under Part 4; or\n\t(B)\tif there is no duty to repair under Part 4—that there is no duty to repair the vehicle; or\n\t(ii)\ton behalf of a dealer—\n\t(A)\tthe name in which the dealer is licensed and business address of the dealer; and\n\t(B)\ta statement—\n\t•\tthat the dealer will be liable to discharge the duty to repair under Part 4; or\n\t•\tif there is no duty to repair under Part 4that there is no duty to repair the vehicle; or\n\t(iii)\ton behalf of another person (not being a dealer)—a statement that no duty to repair will apply under Part 4; and\n\t(c)\ta statement that the name and address of the last owner of the vehicle who was not a dealer are available on request from the auctioneer; and\n\t(d)\tif the owner referred to in paragraph (c) carried on a vehicle leasing business and let the vehicle on hire to another person under a vehicle leasing agreement—a statement that the other person's name and address are available on request from the auctioneer; and\n\t(e)\tthe vehicle's year of manufacture (as determined by the regulations); and\n\t(f)\tthe vehicle's year of first registration; and\n\t(g)\tthe vehicle's manufacturer and model designation; and\n\t(h)\tif the vehicle is registered—the vehicle's registration number; and\n\t(i)\tif the vehicle is not registered—the vehicle's engine number; and\n\t(j)\tif the vehicle is equipped with an odometer—the reading of the odometer at the time the vehicle was acquired from the last owner of the vehicle who was not a dealer; and\n\t(k)\tif the vehicle is equipped with an odometer and the auctioneer is conducting the auction on the auctioneer's own behalf or on behalf of a dealer—\n\t(i)\tif it is more likely than not that the reading of the odometer is a reasonably accurate measure of the distance travelled by the vehicle—a statement that the odometer reading may be regarded as reasonably accurate; or\n\t(ii)\tif that is not the case—the statement required by the regulations; and\n\t(l)\tsuch other particulars and statements as are prescribed.\n\t(3)\tThe auctioneer must, on request by a potential purchaser, disclose the name and address of the last owner (or lessee) of the vehicle to the potential purchaser before a contract is made for the purchase of the vehicle.\n\t(4)\tIn proceedings for an offence relating to a failure to include in a notice all the particulars and statements required under this section or the inclusion of any incorrect particulars or statement, it is a defence to prove that the defendant, having made reasonable inquiries and a proper examination of the vehicle, complied with the requirements of the subsection to the best of the defendant's knowledge, information and belief.\n\t(5)\tAn auctioneer must not, in an advertisement published in connection with an auction for the sale of a second-hand vehicle (being an auction that the auctioneer is conducting on the auctioneer's own behalf or on behalf of a dealer), refer directly or indirectly to the odometer reading of the vehicle or the distance travelled by the vehicle unless a notice is attached to the vehicle under this section and the notice contains a statement by the auctioneer that the odometer reading of the vehicle may be regarded as reasonably accurate.\n\t(6)\tA person from whom an auctioneer acquires ownership of a second-hand vehicle or on whose behalf a second-hand vehicle is to be auctioned must not give the auctioneer any information as to any of the matters referred to in subsection (2) that is to that person's knowledge false or misleading in a material particular.\nMaximum penalty: $2 500.\n21—Notices to be provided to purchasers of second-hand vehicles\nOn the sale of a second-hand vehicle to a person other than a dealer—\n\t(a)\tby auction; or\n\t(b)\tby a sale negotiated by an auctioneer immediately after the conduct of an auction for the sale of the vehicle,\nthe auctioneer must ensure that—\n\t(c)\ta copy of the notice that was required to be attached to the vehicle under section 20; and\n\t(d)\ta notice in the prescribed form,\nare given to the purchaser for retention before the purchaser takes possession of the vehicle.\n22—Trade auctions\n\t(1)\tAn auctioneer must not conduct a trade auction unless a notice in the prescribed form is attached to the vehicle and has been attached to the vehicle at all times when the vehicle has been available for inspection by prospective bidders.\n\t(2)\tA person who advertises a trade auction must include in the advertisement a statement in the prescribed form.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Dealer's duty to repair second-hand vehicles","content":"Part 4—Dealer's duty to repair second-hand vehicles\n23—Duty to repair\n\t(1)\tSubject to this Act, on the sale of a second-hand vehicle by a dealer, the dealer is under a duty to repair any defect that is present in the vehicle or that appears in the vehicle after the sale.\n\t(2)\tA dealer must, in order to discharge the duty imposed under this section, carry out the repairs in a manner that conforms to accepted trade standards.\n\t(3)\tThis section does not apply to—\n\t(a)\tthe sale of a vehicle to a dealer; or\n\t(b)\tthe sale of a vehicle on behalf of a person who is not a dealer, if the sale—\n\t(i)\tis by auction; or\n\t(ii)\tis negotiated by the auctioneer immediately after the conduct of an auction for the sale of the vehicle; or\n\t(d)\tthe sale of a motorcycle.\n\t(4)\tThis section does not apply to a defect that appears—\n\t(a)\tin the case of a vehicle sold at a price that is within the prescribed range—\n\t(i)\tif the vehicle has been driven 3 000 kilometres or more after the sale; or\n\t(ii)\tif more than two months have elapsed from the date of the sale,\nwhichever occurs first;\n\t(b)\tin the case of a vehicle sold at a price that is above the prescribed range—\n\t(i)\tif the vehicle has been driven 5 000 kilometres or more after the sale; or\n\t(ii)\tif three months or more have elapsed from the date of the sale,\nwhichever occurs first.\n\t(5)\tIf a vehicle has a defect that a dealer is under a duty to repair under this section, the reference in subsection (4)(a)(ii) or (4)(b)(ii) (as the case may be) to a period after the sale will, in relation to the sale of that vehicle, be read as a reference to that period extended—\n\t(a)\tif the vehicle is delivered to the dealer under this Act and the dealer carries out the duty to repair the defect—by a period equal to that elapsing between the time the vehicle was delivered to the dealer and the time the dealer completed the repairs and made the vehicle available for recovery by the purchaser; or\n\t(b)\tin any other case—by a period determined by the Commissioner, on the application of the purchaser, as representing the period for which the purchaser did not have the use of the vehicle because of the defect (as distinct from any period for which the purchaser did not have the use of the vehicle because of the purchaser's own failure to act expeditiously).\n\t(6)\tThis section does not apply to—\n\t(a)\ta defect resulting from damage deliberately caused to the vehicle after the sale; or\n\t(b)\ta defect arising from misuse of the vehicle after the sale; or\n\t(c)\ta defect arising from any collision, impact or accident that occurs after the sale; or\n\t(d)\ta defect in the paintwork or upholstery of a vehicle that was reasonably apparent at the time of sale; or\n\t(e)\ta vehicle that had been in the purchaser's possession for a period of three months or more before the date of the sale.\n\t(7)\tThis section does not apply to—\n\t(a)\ta defect in a vehicle sold at a price that is below the prescribed amount; or\n\t(ab)\ta defect in a vehicle sold—\n\t(i)\tif the year of first registration of the vehicle was more than 15 years before the year in which the sale was made; or\n\t(ii)\tif the vehicle had been driven more than 200 000 kilometres before the sale; or\n\t(b)\ta defect in the tyres of a vehicle; or\n\t(ba)\ta defect in the battery of a vehicle that is not a prescribed electric vehicle or prescribed hybrid vehicle,\nunless—\n\t(c)\tthe defect is present at the time the purchaser takes possession of the vehicle; and\n\t(d)\tbecause of the defect—\n\t(i)\tthe vehicle does not comply with the Road Traffic Act 1961, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); or\n\t(ii)\tthe vehicle cannot be driven safely or cannot be driven at all.\n\t(8)\tExcept as provided by the regulations, this section does not apply to a defect to which this section is declared by the regulations not to apply.\n\t(9)\tIf a second-hand vehicle is sold by a dealer on behalf of another dealer, the duty imposed by this section must be discharged by that other dealer.\n\t(10)\tIn this section—\ndefect in relation to a second-hand vehicle means a defect in the vehicle—\n\t(a)\tbecause of which the vehicle does not comply with the Road Traffic Act 1961, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); or\n\t(b)\tbecause of which the vehicle cannot be driven safely or cannot be driven at all; or\n\t(c)\tbecause of which the part of the vehicle affected by the defect is not in proper working condition; or\n\t(d)\tthat would not reasonably be expected to be present in the vehicle having regard to—\n\t(i)\tthe apparent condition of the vehicle at the time of its sale; and\n\t(ii)\ta representation by the dealer prior to the sale as to the condition of the vehicle;\nHeavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nHeavy Vehicle National Regulations (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nprescribed amount means—\n\t(a)\t$3 000; or\n\t(b)\tif a different amount is prescribed for the purposes of this definition—the amount so prescribed;\nprescribed range means—\n\t(a)\tfrom and including $3 001 up to and including $6 000; or\n\t(b)\tif a different range is prescribed for the purposes of this definition—the range so prescribed.\n23A—No duty to repair where defect disclosed prior to sale\n\t(1)\tDespite section 23, on the sale of a second‑hand vehicle by a dealer, the dealer is under no duty to repair a defect that is present in the vehicle prior to the sale if—\n\t(a)\tthe defect does not, or could not reasonably be expected to, affect the ability of the vehicle to be driven safely on a road; and\n\t(b)\tthe dealer, in accordance with any requirements set out in the regulations, gives a notice in the prescribed form to the purchaser—\n\t(i)\tidentifying the defect; and\n\t(ii)\tstating that there is no duty to repair under Part 4 in relation to the defect; and\n\t(c)\tthe purchaser acknowledges receipt of the information referred to in paragraph (b) in the prescribed form.\n\t(2)\tFor the purposes of this section and any regulations made for the purposes of this section, in the case of a sale of a second‑hand vehicle by auction, a reference to a dealer will be taken to include a reference to the auctioneer conducting the auction.\n24—Enforcement of duty to repair\n\t(1)\tIf a dealer is under a duty under this Part to repair a defect in a second-hand vehicle, the purchaser must, if he or she requires the dealer to discharge the duty, deliver the vehicle to the dealer for that purpose during ordinary business hours—\n\t(a)\tat a place agreed on by the dealer and the purchaser; or\n\t(b)\tif no place has been so agreed on—any business premises of the dealer,\nand afford the dealer a reasonable opportunity to repair the defect.\n\t(2)\tIf—\n\t(a)\tthe purchaser delivers the vehicle to the dealer as required under this section, but the dealer refuses to discharge the duty to repair or fails to discharge the duty to repair the defect expeditiously; or\n\t(b)\tthe purchaser makes reasonable efforts to deliver the vehicle as required under this section, but is unable to do so by reason of the dealer's refusal to accept delivery of the vehicle or the absence of the dealer or a person acting on behalf of the dealer,\nthe purchaser may apply to the Commissioner for a conference to be convened under this section for the purpose of attempting to resolve the matter by conciliation.\n\t(3)\tOn an application to the Commissioner, the Commissioner must, unless satisfied that in the circumstances of the case it is not appropriate to convene a conference, require the purchaser and the dealer to attend a conference to be presided over by the Commissioner at a time and place fixed by the Commissioner by notice in writing.\n\t(4)\tIf agreement is reached at a conference under this section, the agreement must be recorded in a written instrument signed by the parties to the agreement and the Commissioner and a copy of the instrument given to each of the parties.\n\t(5)\tIf, on application by the purchaser—\n\t(a)\tthe Commissioner determines that it is not appropriate to convene a conference; or\n\t(b)\ta conference is convened but—\n\t(i)\tthe dealer fails to attend the conference; or\n\t(ii)\tthe matter in issue is not resolved by agreement; or\n\t(iii)\tthe dealer fails to carry out the dealer's obligations under an agreement reached at the conference,\nthe purchaser may apply to the Magistrates Court for one or more of the following orders:\n\t(c)\tan order that the dealer (or another person at the expense of the dealer) repair the defect;\n\t(d)\tan order that the dealer pay to the purchaser the reasonable costs of repairing or completing the repairs of the defect;\n\t(e)\tan order that the dealer compensate the purchaser for any loss or damage suffered by the purchaser as a result of the dealer's conduct;\n\t(f)\tan order enforcing the terms of an agreement reached at the conference.\n\t(6)\tThe purchaser is under a duty to mitigate any loss or damage suffered as a result of the dealer's conduct.\n\t(7)\tIf the Magistrates Court makes an order for the repair of the defect and the dealer fails to comply with the terms of the order, the Court may, on the further application of the purchaser, make an order that the dealer pay to the purchaser the reasonable costs of repairing or completing the repairs of the defect or an order for compensation or both.\n\t(8)\tIf repairs that a dealer is under a duty to carry out under this Part are carried out by another person on behalf of the dealer and the purchaser of the vehicle pays the costs of the repair or an amount towards those costs, the Magistrates Court may, on the application of the purchaser, order the dealer to reimburse the purchaser in respect of the amount paid by the purchaser.\n\t(9)\tDespite subsection (1), if—\n\t(a)\ta dealer is under a duty to repair a defect in a second-hand vehicle under this Part; and\n\t(b)\tbecause of the defect the vehicle—\n\t(i)\tcannot be driven; or\n\t(ii)\tcannot be driven safely; or\n\t(iii)\tcannot be driven without risk of damage to the vehicle; and\n\t(c)\tit is unreasonable in the circumstances having regard to the nature of the defect and the distance that the vehicle would have to be transported that the purchaser be required to deliver the vehicle to the dealer at the place referred to in subsection (1); and\n\t(d)\tthe purchaser has given the dealer proper notice (written or oral) of the defect and afforded the dealer a reasonable opportunity to nominate a place other than that referred to in subsection (1) at which the dealer is prepared to repair the defect; and\n\t(e)\tthe dealer fails to nominate another place or it is unreasonable in the circumstances having regard to the matters referred to in paragraph (c) that the purchaser be required to take the vehicle to the place nominated by the dealer,\nthen—\n\t(f)\tthe purchaser may cause the vehicle to be repaired by a person other than the dealer; and\n\t(g)\tthe Magistrates Court may, on the application of the purchaser, order the dealer to pay to the purchaser the reasonable costs of repairing the defect.\n\t(10)\tDespite the other provisions of this section, if a dealer who is under a duty to repair a defect in a vehicle under this Part is not licensed under this Act—\n\t(a)\tthe purchaser may cause the vehicle to be repaired by a person other than the dealer; and\n\t(b)\tthe Magistrates Court may, on the application of the purchaser, order the dealer to pay to the purchaser the reasonable costs of repairing the defect.\n\t(11)\tThe Magistrates Court may, on an application under this section, make an order under this section on any terms and conditions it considers just.\n25—Participation of assessors in proceedings\nIn any proceedings under this Part, the Magistrates Court will, if a magistrate so determines, sit with assessors selected in accordance with Schedule 1.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Discipline","content":"Part 5—Discipline\n26—Interpretation\nIn this Part—\ndealer means—\n\t(a)\ta dealer or former dealer required to be licensed under this Act or a corresponding previous enactment (whether or not currently or previously licensed); or\n\t(b)\ta licensee (whether or not carrying on business as a dealer);\ndirector of a body corporate includes a former director of a body corporate;\nsalesperson includes a former salesperson.\n27—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a dealer if—\n\t(a)\tlicensing of the dealer was improperly obtained; or\n\t(b)\tthe dealer has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or\n\t(c)\tthe dealer or another person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, the business of the dealer; or\n\t(d)\tin the case of a dealer who has been employed or engaged to manage and supervise an incorporated dealer's business—the dealer or another person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, that business; or\n\t(e)\tthe dealer has failed to attend a conference convened under Part 4, or has not conducted himself or herself reasonably at such a conference, or has failed to carry out his or her obligations under an agreement reached at such a conference; or\n\t(f)\tthe dealer has failed to comply with an order made by the Magistrates Court under Part 4; or\n\t(h)\tevents have occurred such that the dealer would not be entitled to be licensed as a dealer if he or she were to apply for a licence.\n\t(1a)\tThere is proper cause for disciplinary action against a salesperson if the salesperson has acted unlawfully, improperly, negligently or unfairly in the course of acting as a salesperson.\n\t(2)\tDisciplinary action may be taken against each director of a body corporate that is a dealer if there is proper cause for disciplinary action against the body corporate.\n\t(3)\tDisciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default.\n\t(4)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n28—Complaints\nThe Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part.\n29—Hearing by Tribunal\n\t(1)\tOn the lodging of a complaint, the Tribunal must conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part.\n\t(2)\tWithout limiting the usual powers of the Tribunal, the Tribunal may during the hearing—\n\t(a)\tallow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.\n30—Participation of assessors in disciplinary proceedings\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—\n\t(a)\tpersons representative of dealers; and\n\t(b)\tpersons representative of members of the public who deal with dealers,\nwho have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part.\n\t(2)\tIn any proceedings under this Part, the Tribunal will, if the President so determines, sit with 1 or more assessors from the panel.\n\t(3)\tIn this section—\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n31—Disciplinary action\n\t(1)\tOn the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $100 000 on the person;\n\t(c)\tin the case of a person who is licensed as a dealer—\n\t(ai)\timpose conditions or further conditions on the licence; or\n\t(i)\tsuspend the licence for a specified period or until the fulfilment of stipulated conditions or until further order; or\n\t(ii)\tcancel the licence;\n\t(d)\timpose conditions as to the conduct of the person or the person's business as a dealer;\n\t(e)\tdisqualify the person from being licensed under this Act;\n\t(f)\tprohibit the person from being employed or otherwise engaged in the business of a dealer;\n\t(g)\tprohibit the person from being a director or having an interest in a body corporate that is a dealer.\n\t(2)\tThe Tribunal may—\n\t(a)\tstipulate that a disqualification or prohibition is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of stipulated conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.\n\t(3)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n32—Contravention of orders\n\t(1)\tIf a person contravenes or fails to comply with a condition imposed by the Tribunal as to the conduct of the person or the person's business, the person is guilty of an offence.\nMaximum penalty: $175 000 or imprisonment for 1 year.\n\t(2)\tIf a person—\n\t(a)\tis employed or otherwise engages in the business of a dealer; or\n\t(b)\tbecomes a director of a body corporate that is a dealer,\nin contravention of an order of the Tribunal, that person and the dealer are each guilty of an offence.\nMaximum penalty: $175 000 or imprisonment for 1 year.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n33—No waiver of rights\n\t(1)\tSubject to this section, a purported exclusion, limitation, modification or waiver of the rights conferred by this Act is void.\n\t(2)\tA person of or above the age of 18 years who proposes to purchase a second-hand vehicle may, in accordance with the regulations, waive a right conferred by this Act (other than a right conferred under section 23 relating to a defect that is present in the vehicle at the time of sale) in relation to the proposed purchase of the vehicle.\n\t(2a)\tA document for the waiver of the right of a prospective purchaser of a second‑hand vehicle under section 18B to rescind a contract for the sale of the vehicle must conform with the following requirements:\n\t(a)\tthe document must contain—\n\t(i)\ta statement of the rights of a prospective purchaser under section 18B to rescind the contract; and\n\t(ii)\ta statement warning a prospective purchaser of the legal effect if he or she waives the right to rescind the contract under section 18B;\n\t(b)\tthe document must be written in plain English;\n\t(c)\tthe document may be completed electronically or manually but must be signed by the prospective purchaser and witnessed by a person other than the dealer;\n\t(d)\tthe document must contain any other prescribed information.\n\t(3)\tIf a dealer purports to exclude, limit or modify any of the rights conferred by this Act otherwise than as authorised by this section, the dealer is guilty of an offence.\n\t(4)\tA person who enters into an agreement or arrangement with intent either directly or indirectly to defeat, evade or prevent the operation of this Act is guilty of an offence.\n\t(5)\tA dealer must not exhibit or otherwise publish a statement, notice or advertisement in connection with a second-hand vehicle—\n\t(a)\tto the effect that sale of the vehicle is conditional on the purchaser waiving a right conferred by this Act; or\n\t(b)\tin such manner as to induce a prospective purchaser of the vehicle to waive such a right.\n\t(5a)\tA dealer must not induce or attempt to induce, or make a representation or negotiate with a view to inducing, a prospective purchaser of a second‑hand vehicle to waive his or her right under section 18B to rescind a contract for the sale of the vehicle.\nMaximum penalty: $20 000.\n\t(5b)\tIf a dealer is found guilty of an offence against subsection (5a), a person who has suffered loss or damage as a result of the offence may apply to the Magistrates Court for an order that the dealer compensate the person for the loss or damage.\n\t(5c)\tThe regulations may require a person or body prescribed by the regulations to report to the Minister, in accordance with requirements specified in the regulations, on the extent to which rights in general, or particular rights, conferred by this Act have been waived under subsection (2).\n\t(6)\tA contract for the sale of a second-hand vehicle conditional on the purchaser taking steps in accordance with the regulations to waive a right conferred by this Act is void.\n34—Interference with odometers prohibited\n\t(1)\tA person must not interfere with the odometer on a second-hand vehicle.\n\t(a)\tfor a first or second offence—$150 000;\n\t(b)\tfor a third or subsequent offence—$150 000 or 2 years imprisonment or both.\n\t(2)\tFor the purposes of subsection (1), a person interferes with an odometer if he or she—\n\t(a)\talters the reading on the odometer; or\n\t(b)\tremoves or replaces the odometer; or\n\t(c)\trenders the odometer inoperative or inaccurate.\n\t(3)\tA person may, with the written approval of the Commissioner, alter the reading on an odometer, or replace an odometer, under the terms of that approval.\n\t(4)\tIf in proceedings for an offence against subsection (1) it is proved that the defendant had possession of the vehicle and that, while it was in the defendant's possession, or shortly after it ceased to be in the defendant's possession, the odometer reading was less than the odometer reading at the time the defendant acquired possession of the vehicle, it will be presumed, in the absence of proof to the contrary, that the defendant interfered with the odometer of the vehicle.\n\t(5)\tIn any proceedings for an offence against subsection (1) it is a defence for the defendant to prove—\n\t(a)\tthat the action was not taken with the intent of enhancing the apparent value of the vehicle for the purpose of sale; and\n\t(b)\tthat the action was not taken for any other fraudulent purpose.\n\t(6)\tIf a person is convicted of an offence of interfering with an odometer on a second-hand vehicle that the person has sold to a purchaser, the court may (in addition to imposing a penalty) order that the person compensate the purchaser for any disadvantage suffered by the purchaser as a result of the purchase of the vehicle (including, to avoid doubt, any costs reasonably incurred, or likely to be incurred, in rectifying the odometer).\n\t(7)\tRules of Court may be made under the Magistrates Court Act 1991 regulating procedures with respect to applications for compensation under subsection (6).\n34A—False or misleading statements in relation to odometers\nA person must not knowingly make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided to a purchaser or prospective purchaser of a second‑hand vehicle, or to a dealer to whom a second‑hand vehicle has been or is to be sold, relating to the accuracy of the odometer reading of the second‑hand vehicle.\nMaximum penalty: $30 000 or imprisonment for 2 years.\n34B—Commissioner may direct owner of second‑hand vehicle to correct odometer and refrain from selling vehicle etc\n\t(1)\tIf the Commissioner believes on reasonable grounds that the odometer of a second‑hand vehicle has been interfered with, or is otherwise substantially inaccurate, the Commissioner may, by notice in writing, do 1 or both of the following:\n\t(a)\tdirect the owner of the second‑hand vehicle to take such action as may be specified in the notice to rectify the odometer (including, to avoid doubt, by directing that the odometer reading be altered to reflect the estimated true reading for the second‑hand vehicle, or altered so that the odometer reads a specified amount);\n\t(b)\tdirect the owner of the second‑hand vehicle not to sell or otherwise dispose of the second‑hand vehicle—\n\t(i)\tuntil the specified action under paragraph (a) has been taken; or\n\t(ii)\tif the specified action has not been taken—except in accordance with the written approval of the Commissioner (which may be conditional or unconditional).\n\t(2)\tWithout limiting subsection (1), a direction under that subsection may require that the specified action be undertaken by, or at the expense of, the Commissioner.\n\t(3)\tThe Commissioner may, by notice in writing, vary or revoke a direction made under subsection (1).\n\t(4)\tA person to whom a direction is given under subsection (1) may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision of the Commissioner to give the direction (and, in the case of a direction referred to in subsection (1)(a), the direction is, by force of this subsection, stayed pending the determination of the application).\n\t(5)\tSubject to subsection (7), an application for review must be made within 1 month after the person is notified of the direction under subsection (1).\n\t(6)\tThe Commissioner must, if so required by the person to whom a direction is given under subsection (1), state in writing the reasons for the Commissioner's decision.\n\t(7)\tIf the reasons of the Commissioner are not given in writing at the time of giving the direction under subsection (1) and the person (within 1 month of the direction being given) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\n\t(8)\tA person must comply with a direction referred to in subsection (1)(a)—\n\t(a)\tif the person has applied to the Tribunal under subsection (4) for a review of the decision to give the direction—on or before the day determined by the Tribunal; or\n\t(b)\tif the person has not applied to the Tribunal for a review of the decision to give the direction—on or before the day specified in the notice under subsection (1) (being a day not less than 3 months after the direction is given).\n\t(9)\tA person must not, without reasonable excuse, refuse or fail to comply with a direction under subsection (1).\nMaximum penalty: $20 000.\n\t(10)\tIn the case where a person is found guilty of an offence under section 34(1) relating to interference with the odometer to which a direction under subsection (1) relates, the reasonable costs of action undertaken by, or at the expense of, the Commissioner in accordance with the direction may be recovered by the Commissioner as a debt from the person.\n\t(11)\tTo avoid doubt, nothing in subsection (10) limits section 34(6).\n\t(12)\tThis section applies whether the interference with the odometer occurred, or the odometer became inaccurate, before or after the commencement of this section.\n\t(13)\tA person may be charged with an offence against this section whether or not the person, or any other person, has been found guilty of, or charged with, an offence of interfering with the odometer under section 34.\n\t(14)\tSection 34 does not apply in relation to the rectification of an odometer pursuant to a direction under subsection (1).\n\t(15)\tNothing in this section limits the Australian Consumer Law, the Fair Trading Act 1987 or any other Act or law.\n35—Certain agreements to indemnify dealer void\nAn agreement between a dealer and a person (other than a dealer) from whom the dealer purchases a second-hand vehicle that indemnifies the dealer in respect of any costs arising under this Act in relation to that vehicle is void.\n36—Delegations\n\t(1)\tThe Commissioner may delegate any of the Commissioner's functions or powers under this Act—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being holding a specified position in the Public Service; or\n\t(c)\tto any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of persons affected by this Act.\n\t(2)\tThe Minister may delegate any of the Minister's functions or powers under this Act (except the power to direct the Commissioner).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n37—Agreement with professional organisation\n\t(1)\tThe Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of persons affected by this Act under which the organisation undertakes a specified role in the administration or enforcement of this Act.\n\t(2)\tThe agreement—\n\t(a)\tmust be in writing and executed by the Commissioner and the organisation; and\n\t(b)\tmay contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and\n\t(c)\tmust set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and\n\t(d)\tmust make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.\n\t(3)\tThe Commissioner may not delegate any of the following for the purposes of the agreement:\n\t(a)\tfunctions or powers under Part 2;\n\t(b)\tpower to request the Commissioner of Police to investigate and report on matters under this Part;\n\t(c)\tpower to commence a prosecution for an offence against this Act.\n\t(4)\tA delegation by the Commissioner for the purposes of the agreement—\n\t(a)\thas effect subject to the conditions specified in the agreement; and\n\t(b)\tmay be varied or revoked by the Commissioner in accordance with the terms of the agreement; and\n\t(c)\tdoes not prevent the Commissioner from acting in any matter.\n\t(5)\tThe Minister must, within six sitting days after the making of an agreement, cause a copy of the agreement to be laid before both Houses of Parliament.\n38—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption must be notified in the Gazette.\n39—Register of dealers\n\t(1)\tThe Commissioner must keep a register of persons licensed as dealers under this Act.\n\t(2)\tThe Commissioner must record on the register—\n\t(a)\tdisciplinary action taken against a person under this Act; and\n\t(b)\ta note of an assurance accepted by the Commissioner under the Fair Trading Act 1987 in relation to a licensed dealer; and\n\t(c)\tdetails of premises in relation to which licensed dealers have given notice as required by section 14.\n\t(2a)\tIf any of the following events occur in relation to a person who is licensed as a dealer, or is a director of a body corporate that is licensed as a dealer, the Commissioner may record a note of the event on the register:\n\t(a)\tthe person is convicted of an offence of dishonesty;\n\t(b)\tthe person is suspended or disqualified from practising or carrying on an occupation, trade or business under a law of this State, the Commonwealth, another State or a Territory of the Commonwealth;\n\t(c)\tthe person becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth;\n\t(d)\ta body corporate is wound up for the benefit of creditors and the person was a director of the body corporate—\n\t(i)\twhen the body corporate was being so wound up; or\n\t(ii)\twithin the period of 6 months preceding the commencement of the winding up;\n\t(e)\tthe person, being a body corporate, is being wound up or is under official management or in receivership.\n\t(3)\tA person may inspect the register on payment of the fee fixed by regulation.\n40—Commissioner and proceedings before Tribunal\n\t(1)\tThe Commissioner is entitled to be joined as a party to any proceedings of the Tribunal under this Act.\n\t(2)\tThe Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service.\n\t(3)\tSubsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.\n41—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\n\t(a)\tif the person made the statement knowing that it was false or misleading—$25 000;\n\t(b)\tin any other case—$5 000.\n42—Name in which dealer may carry on business\nA licensed dealer must not carry on business as a dealer except in the name in which the dealer is licensed.\n43—Statutory declaration\nIf a person is required to provide information to the Commissioner, the Commissioner may require the information to be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Commissioner.\n44—Investigations\nThe Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to—\n\t(a)\tthe determination of an application under this Act; or\n\t(b)\ta matter that might constitute proper cause for disciplinary action under this Act.\n45—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under section 47.\n46—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n47—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against section 14, 16, 17, 18, 20, 21, 22, 25A or 42.\n\t(3a)\tThe regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations.\n\t(4)\tIn this section—\nprescribed offence means an offence against section 7, 13, 13A or 32.\n48—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n49—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within 2 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 5 years of that date.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n50—Evidence\n\t(1)\tFor the purposes of this Act—\n\t(a)\tif a person buys or offers to buy, or sells or offers for sale, at least 4 second‑hand vehicles during a period of 12 months, the person will, in the absence of proof to the contrary, be presumed to have been a dealer during that period; and\n\t(b)\tif a person and 1 other person who is a close associate of the person buy or offer to buy, or sell or offer for sale, an aggregate of at least 6 second‑hand vehicles during a period of 12 months, the person and that close associate will, in the absence of proof to the contrary, both be presumed to have been dealers during that period; and\n\t(c)\tif the registration of a second‑hand vehicle is transferred from 1 person to another—\n\t(i)\tthe transferor will be presumed, in the absence of proof to the contrary, to have sold the vehicle to the transferee; and\n\t(ii)\tthe transferee will be presumed, in the absence of proof to the contrary, to have bought the vehicle from the transferor.\n\t(2)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Commissioner certifying—\n\t(a)\tthat a person was or was not licensed as a dealer on a specified date; or\n\t(b)\tthat premises were or were not notified premises on a specified date,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n51—Service of documents\n\t(1)\tSubject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tif the person is a licensed dealer—at the dealer's address for service; or\n\t(c)\tif the person is a licensed dealer—be left for the person at the dealer's address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by email to an email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tThe address for service of a licensed dealer is the address of which the Commissioner has been last notified in writing by the dealer as the dealer's address for service.\n52—Annual report\n\t(1)\tThe Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n53—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire licensed dealers or salespersons to comply with a code of conduct;\n\t(b)\trequire dealers to lodge with the Commissioner certificates evidencing the dealers' insurance coverage as required under Part 2;\n\t(c)\tfix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;\n\t(d)\tprovide for the exclusion, limitation, modification or waiver of rights conferred by this Act;\n\t(e)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(f)\timpose a penalty (not exceeding $5 000) for contravention of, or non-compliance with, a regulation;\n\t(g)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.\n\t(4)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(5)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\n","sortOrder":11},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Appointment and selection of assessors for Magistrates Court","content":"Schedule 1—Appointment and selection of assessors for Magistrates Court\n(1)\tThe Minister must establish the following panels of persons who may sit with the Magistrates Court as assessors in proceedings under Part 4:\n\t(a)\ta panel consisting of persons representative of dealers;\n\t(b)\ta panel consisting of persons representative of members of the public who deal with dealers.\n(2)\tA member of a panel is to be appointed by the Minister for a term of office not exceeding three years and on conditions determined by the Minister and specified in the instrument of appointment.\n(3)\tA member of a panel is, on the expiration of a term of office, eligible for reappointment.\n(4)\tSubject to subclause (5), if assessors are to sit with the Magistrates Court in proceedings under Part 4, a magistrate must select one member from each of the panels to sit with the Court in the proceedings.\n(5)\tA member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Magistrates Court is disqualified from participating in the hearing of the matter.\n(6)\tIf an assessor dies or is for any reason unable to continue with any proceedings, the Magistrates Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.\n","sortOrder":12},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Second-hand Vehicles Compensation Fund","content":"Schedule 3—Second-hand Vehicles Compensation Fund\n1—Second-hand Vehicles Compensation Fund continues\nThe Second-hand Vehicles Compensation Fund continues and will continue to be administered by the Commissioner.\n2—Claim against Fund\n\t(1)\tA person (not being a dealer) who has—\n\t(a)\tpurchased a second-hand vehicle from a dealer; or\n\t(b)\tmade a payment to a dealer in respect of the purchase of a second-hand vehicle under a contract that has been rescinded in accordance with section 18B; or\n\t(c)\tsold a second-hand vehicle to a dealer; or\n\t(d)\tleft a second-hand vehicle in a dealer's possession to be offered for sale by the dealer on behalf of the person,\nmay make a claim for compensation from the Fund in respect of an unsatisfied claim against the dealer arising out of or in connection with the transaction.\n\t(2)\tA claim for compensation from the Fund must—\n\t(a)\tbe made to the Commissioner; and\n\t(b)\tbe made in a manner and form determined by the Commissioner.\n\t(3)\tThis Schedule—\n\t(a)\tapplies to a claim relating to a transaction only if the dealer was licensed, or the claimant reasonably believed the dealer to have been licensed, at the time of the transaction;\n\t(b)\tdoes not apply to a claim arising out of or in connection with—\n\t(i)\tthe sale of a second-hand vehicle by auction; or\n\t(ii)\tthe sale of a second-hand vehicle negotiated immediately after an auction for the sale of the vehicle was conducted,\nif the auctioneer who conducted the auction or negotiated such a sale (as the case may be) was acting as an agent only and was selling the vehicle on behalf of another person who was not a licensed dealer;\n\t(c)\tdoes not apply to a claim prescribed by regulation.\n\t(4)\tThe Commissioner may require a person making a claim—\n\t(a)\tto furnish further information specified by the Commissioner; and\n\t(b)\tto verify, by statutory declaration, information furnished for the purposes of making or establishing a claim.\n\t(5)\tThe Commissioner must, on receipt of a claim for compensation—\n\t(a)\tgive the claimant and the dealer or former dealer concerned notice of the claim; and\n\t(b)\tallow the claimant and the dealer or former dealer a reasonable opportunity to make submissions as to the claim.\n\t(6)\tThe Commissioner must, on making a determination on a claim, give the claimant and the dealer or former dealer written notice of the determination.\n\t(7)\tIn determining a claim for compensation under this clause, any possible reduction to which the claimant's entitlement may be subject because of insufficiency of the Fund must be disregarded.\n\t(8)\tIn determining a claim for compensation under this clause, questions of fact are to be decided on the balance of probabilities.\n\t(9)\tIf the Commissioner is satisfied that—\n\t(a)\tthe claimant has a valid unsatisfied claim against the dealer arising out of or in connection with the transaction; and\n\t(b)\tthe claimant has no reasonable prospect of recovering the amount of the claim (except under this Schedule),\nthe Commissioner may make a determination authorising a payment to the claimant from the Fund.\n\t(10)\tThe claimant or the dealer or former dealer concerned may, within 3 months after receiving notice of the Commissioner's determination, appeal to the Magistrates Court against the determination.\n\t(11)\tIf an appeal is not instituted within the time allowed, the claimant's entitlement to compensation is finally determined for the purposes of this Schedule.\n3—Management of Fund\n\t(1)\tThe following amounts will be paid into the Fund—\n\t(a)\tcontributions required to be paid under clause 4; and\n\t(b)\tamounts recovered by the Commissioner under clause 5; and\n\t(c)\tamounts paid from the Consolidated Account under subclause (3); and\n\t(d)\tamounts derived from investment under subclause (5).\n\t(2)\tThe following amounts will be paid out of the Fund:\n\t(a)\tan amount authorised under this Schedule;\n\t(b)\texpenses incurred in administering the Fund (including expenses incurred in insuring the Fund against possible claims);\n\t(c)\tthe costs of investigating compliance with this Act or possible misconduct of dealers or salespersons;\n\t(d)\tany amounts, approved by the Minister, to be paid towards the cost of programs relating to education, research or reform for the benefit of dealers, salespersons or members of the public;\n\t(e)\tany amount required to be paid into the Consolidated Account under subclause (4).\n\t(3)\tWhere the Fund is insufficient to meet an amount that may be authorised to be paid under clause 2, the Minister may, with the approval of the Treasurer, authorise the payment of an amount specified by the Minister out of the Consolidated Account which is appropriated by this clause to the necessary extent.\n\t(4)\tThe Minister may authorise payment from the Fund into the Consolidated Account of an amount paid into the Fund from the Consolidated Account if the Minister is satisfied that the balance remaining in the Fund will be sufficient to meet any amounts that may be authorised to be paid under clause 2.\n\t(5)\tAny amounts standing to the credit of the Fund that are not immediately required for the purposes of this Act may be invested in a manner approved by the Minister.\n4—Licensed dealers may be required to contribute to Fund\n\t(1)\tEach licensed dealer must pay to the Commissioner for payment into the Fund such contribution as the licensee is required to pay under the regulations.\n\t(2)\tIf a licensee fails to pay a contribution within the time allowed for payment by the regulations, the licence is suspended until the contribution is paid.\n5—Right of Commissioner where claim allowed\n\t(1)\tOn payment out of the Fund of an amount authorised by the Commissioner, the Commissioner is subrogated to the extent of the payment to the rights of the person to whom the payment was made in respect of the claim in relation to which the payment was made.\n\t(2)\tIf the Commissioner is subrogated to rights arising from an act or omission of a body corporate occurring on or after the commencement of this subclause, the persons who were directors of the body corporate at the time of the act or omission will be jointly and severally liable together with the body corporate for any amount recoverable by the Commissioner from the body corporate in pursuance of those rights.\n\t(3)\tA director of a body corporate will not have a liability under subclause (2) in respect of an act or omission of the body corporate if the director proves, on the balance of probabilities, that the act or omission occurred without the director's express or implied authority or consent.\n6—Accounts and audit\n\t(1)\tThe Commissioner must cause proper accounts of receipts and payments to be kept in relation to the Fund.\n\t(2)\tThe Auditor-General may at any time, and must at least once in every year, audit the accounts of the Fund.\n7—Expiry of Schedule\n\t(1)\tThis Schedule will expire on a day fixed by regulation for that purpose.\n\t(2)\tThe regulations may provide for the payment or distribution of money remaining in the Fund on the expiry of this Schedule and make any other provision that the Governor considers necessary or appropriate in consequence of the expiry of this Schedule.\n","sortOrder":13},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Repeal and transitional provisions","content":"Schedule 4—Repeal and transitional provisions\n1—Repeal\nThe Second-hand Motor Vehicles Act 1983 (the repealed Act) is repealed.\n2—Licensing\nA person who held a licence as a dealer under the repealed Act immediately before the commencement of this Act will be taken to have been licensed as a dealer under this Act.\n3—Registered premises\nPremises registered in the name of a dealer under the repealed Act immediately before the commencement of this Act will be taken to have been registered in the dealer's name under this Act.\n4—Duty to repair\nA duty to repair that arose under Part 4 of the repealed Act continues as if it were a duty to repair under this Act.\n5—Disciplinary matters\nWhere an order or decision of the Commercial Tribunal is in force or continues to have effect under Division 3 of Part 2 of the repealed Act immediately before the commencement of this Act, the order or decision has effect as if it were an order of the District Court under Part 5 of this Act.\n5A—Effect of disqualification\n\t(1)\tIf a person—\n\t(a)\twho was disqualified from holding a licence as a dealer under the repealed Act immediately before the commencement of this Act; and\n\t(b)\twho remains disqualified at the commencement of this clause,\nis employed or otherwise engaged in the business of a dealer during the period of that disqualification, both that person and the dealer are guilty of an offence.\n\t(2)\tSubclause (1) applies after the commencement of this clause, whether the contract of employment or other engagement was entered into before or after the commencement of this clause.\n6—Application of Second-hand Vehicles Compensation Fund at end of claims\nWhen the Minister is satisfied that no more valid claims can be made which may require payment out of the Second-hand Vehicles Compensation Fund, any amount remaining to the credit of the Fund may—\n\t(a)\tbe paid to an organisation representing the interests of dealers; or\n\t(b)\tbe otherwise dealt with,\nas the Minister thinks fit.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Second-hand Vehicle Dealers Act 1995 amended the following:\nMagistrates Court Act 1991\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Second-hand Vehicle Dealers Act 1995\n16.3.1995\nSch 5—30.6.1995 (Gazette 29.6.1995 p2977); remainder of Act—30.11.1995 (Gazette 2.11.1995 p1232)\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 31)—3.2.1997 (Gazette 19.12.1996 p1923)\n Statutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\ns 26—17.10.1996 (Gazette 17.10.1996 p1361)\n Second-hand Vehicle Dealers (Compensation Fund) Amendment Act 1997\n Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998\nPt 11 (ss 28—32) & Sch—28.5.1998 (Gazette 28.5.1998 p2292)\n Statutes Amendment (Consumer Affairs) Amendment Act 1998\n Second-hand Vehicle Dealers (Compensation Fund) Amendment Act 1999\n1.4.1999\n1.5.1999 (Gazette 22.4.1999 p2170)\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\n Sch 1 (cl 36)—1.6.2000 (Gazette 18.5.2000 p2554)\n Statutes Amendment (Consumer Affairs) Act 2001\n11.10.2001\nPt 6 (ss 18—21)—1.11.2001 (Gazette 25.10.2001 p4686)\n Statutes Amendment and Repeal (Fair Trading) Act 2009\n23.7.2009\nPt 8 (ss 52—54)—3.9.2009 (Gazette 3.9.2009 p4367)\n Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Act 2009\n26.11.2009\nPt 2 (ss 4(5) & 31(9))—1.9.2010 (Gazette 26.8.2010 p4418); ss 4(1)—(4), (6) & 5—31(1)—(8)—29.11.2010 (Gazette 14.10.2010 p5087)\n Credit (Transitional Arrangements) Act 2010\n24.6.2010\nSch 1 (cl 4)—1.7.2010 (Gazette 1.7.2010 p3337)\n Statutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 19 (ss 24 & 25)—1.1.2012 (Gazette 15.12.2011 p4988)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 44 (s 94)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Heavy Vehicle National Law) Act 2013\n1.8.2013\nPt 4 (s 79)—10.2.2014 (Gazette 6.2.2014 p551)\n Statutes Amendment (Occupational Licensing) Act 2013\n21.11.2013\nPt 7 (ss 30—33)—1.11.2014 (Gazette 9.10.2014 p6095)\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 30 (ss 107—117)—1.7.2017 (Gazette 22.6.2017 p2224)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 25 (ss 149 to 160)—4.5.2020 (Gazette 27.2.2020 p442)\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 20)—1.1.2024: s 2\nSecond-hand Vehicle Dealers (Miscellaneous) Amendment Act 2024\n23.5.2024\n1.7.2025 (Gazette 12.6.2025 p1408) except ss 3, 5 to 11, 14, 15 & Sch 1—1.9.2025 (Gazette 31.7.2025 p2818)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\nbusiness day\ninserted by 62/2009 s 4(1)\n\namended by 39/2023 Sch 1 cl 20\n1.1.2024\nclose associate\ninserted by 62/2009 s 4(1)\ncooling-off period\ninserted by 62/2009 s 4(2)\ncredit contract\namended by 47/2001 s 18(a)\n\ndeleted by 62/2009 s 4(2)\ncredit provider\namended by 47/2001 s 18(b)\n\nsubstituted by 3/2010 Sch 1 cl 4\n1.7.2010\nDistrict Court\ndeleted by 14/2019 s 149(1)\ndealer\namended by 62/2009 s 4(3)\nnotified premises\ninserted by 7/2017 s 107(1)\noffer for sale\ninserted by 62/2009 s 4(4)\nregistered premises\ndeleted by 7/2017 s 107(2)\nsalesperson\ninserted by 62/2009 s 4(5)\nsell\namended by 62/2009 s 4(6)\nTribunal\ninserted by 14/2019 s 149(2)\ns 3(1)\ns 3 redesignated as s 3(1) by 16/2024 s 3\ns 3(2)\ninserted by 16/2024 s 3\ns 3A\ninserted by 62/2009 s 5\ns 4\n\ns 4(2)\namended by 62/2009 s 6\nPt 2\n\nPt 2 Div 1\n\ns 7\n\ns 7(1)\n\namended by 62/2009 s 7(1)\n\namended by 71/2013 s 30\n\namended by 16/2024 s 4\ns 7(2)\namended by 47/2001 s 19\n\namended by 62/2009 s 7(2)\ns 8\n\ns 8(2)\namended by 47/2001 s 20(a)\ns 8(3)—(5)\ninserted by 47/2001 s 20(b)\ns 9\n\ns 9(1)\namended by 47/2001 s 21(a)\n\namended by 39/2009 s 52\ns 9(2)\namended by 47/2001 s 21(b)\ns 10\n\ns 10(1)\nsubstituted by 14/2019 s 150(1)\ns 10(2)\namended by 4/2000 s 9(1) (Sch 1 cl 36(a))\n\nsubstituted by 14/2019 s 150(1)\ns 10(4)\namended by 14/2019 s 150(2)\ns 10(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 36(b))\ns 10(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 36(c))\ns 11\n\ns 11(3)\namended by 7/2017 s 108\ns 13\n\namended by 62/2009 s 8\ns 13A\ninserted by 62/2009 s 9\nPt 2 Div 2 before substitution by 7/2017\n\ns 14\n\ns 14(1)\n\namended by 62/2009 s 10(1)\ns 14(5)\n\namended by 62/2009 s 10(2)\nPt 2 Div 2\nsubstituted by 7/2017 s 109\nPt 2A\ninserted by 71/2013 s 31\ns 14A\n\ns 14A(4) and (5)\nsubstituted by 14/2019 s 151(1)\ns 14A(6)\namended by 14/2019 s 151(2)\ns 14A(7)\nsubstituted by 14/2019 s 151(3)\ns 14A(8)\ndeleted by 14/2019 s 151(3)\nPt 2B\ninserted by 71/2013 s 31\ns 14B\n\ns 14B(4) and (5)\nsubstituted by 14/2019 s 152(1)\ns 14B(6)\namended by 14/2019 s 152(2)\ns 14B(7)\nsubstituted by 14/2019 s 152(3)\ns 14B(8)\ndeleted by 14/2019 s 152(3)\nPt 3\n\nPt 3 Div 1\n\nPt 3 Div 1 Subdiv 1\n\ninserted by 62/2009 s 11\ns 15\n\ns 15(1)\namended by 62/2009 s 12(1)\ns 15(2)\namended by 62/2009 s 12(2)\nPt 3 Div 1 Subdiv 2\n\ninserted by 62/2009 s 13\ns 16\n\ns 16(1)\n\namended by 62/2009 s 14(1), (2)\ns 16(3)\namended by 62/2009 s 14(3)—(5)\n\namended by 16/2024 s 5(1)\ns 16(5)\n\namended by 62/2009 s 14(6)\n\nsubstituted by 16/2024 s 5(2)\ns 16(6)\n\namended by 62/2009 s 14(7)\ns 16(7)\n\namended by 62/2009 s 14(8)\ns 17\n\ns 17(1)\namended by 62/2009 s 15(1)\n\namended by 7/2017 s 110\ns 17(1a)\ninserted by 16/2024 s 6\ns 17(3)\n\namended by 62/2009 s 15(2)\ns 17(4)\n\namended by 62/2009 s 15(3)\ns 17(5)\n\namended by 62/2009 s 15(4)\ns 17(6)\n\namended by 62/2009 s 15(5)\ns 18\n\namended by 62/2009 s 16\nPt 3 Div 1 Subdiv 3\ninserted by 62/2009 s 17\ns 18B\n\ns 18B(3)\namended by 16/2024 s 7\nPt 3 Div 2\n\ns 20\n\namended by 16/2024 s 8(1)\ns 20(1)\n\namended by 62/2009 s 18(1)\ns 20(2)\namended by 16/2024 s 8(2)\ns 20(3)\n\namended by 62/2009 s 18(2)\n\nsubstituted by 16/2024 s 8(3)\ns 20(5)\n\namended by 62/2009 s 18(3)\ns 20(6)\n\namended by 62/2009 s 18(4)\ns 21\n\namended by 62/2009 s 19\ns 22\n\ns 22(1)\n\namended by 62/2009 s 20(1)\ns 22(2)\n\namended by 62/2009 s 20(2)\nPt 4\n\ns 23\n\ns 23(3)\n(c) deleted by 21/1998 s 28(a)\ns 23(7)\namended by 21/1998 s 28(b)\n\namended by 35/2013 s 79(1)\n\namended by 16/2024 s 9\ns 23(10)\n\ndefect\namended by 35/2013 s 79(2)\nHeavy Vehicle National Law (South Australia)\ninserted by 35/2013 s 79(3)\nHeavy Vehicle National Regulations (South Australia)\ninserted by 35/2013 s 79(3)\ns 23A\ninserted by 16/2024 s 10\ns 24\n\ns 24(1)\namended by 7/2017 s 111\ns 25\namended by 21/1998 s 29\nPt 4A\ninserted by 39/2009 s 53\n\ndeleted by 71/2013 s 32\nPt 5\n\ns 26\n\nsalesperson\ninserted by 62/2009 s 21\ns 27\n\ns 27(1)\n(g) deleted by 7/2017 s 112\ns 27(1a)\ninserted by 62/2009 s 22\ns 28\namended by 14/2019 s 153\ns 29\n\ns 29(1)\namended by 14/2019 s 154(1)\ns 29(2)\namended by 14/2019 s 154(2)\ns 30\namended by 21/1998 s 30\n\nsubstituted by 14/2019 s 155\ns 31\n\ns 31(1)\n\namended by 62/2009 s 23\n\namended by 71/2013 s 33\n\n(c)(iii) and (iv) deleted by 7/2017 s 113\n\namended by 14/2019 s 156(1)\ns 31(2)\namended by 14/2019 s 156(2)\ns 32\n\ns 32(1)\n\namended by 62/2009 s 24(1)\n\namended by 14/2019 s 157(1)\ns 32(2)\n\namended by 62/2009 s 24(2)\n\namended by 14/2019 s 157(2)\nPt 6\n\ns 33\n\ns 33(2)\namended by 16/2024 s 11\ns 33(2a)\ninserted by 62/2009 s 25(1)\ns 33(3)\n\namended by 62/2009 s 25(2)\ns 33(4)\n\namended by 62/2009 s 25(3)\ns 33(5)\n\namended by 62/2009 s 25(4)\ns 33(5a)—(5c)\ninserted by 62/2009 s 25(5)\ns 34\n\ns 34(1)\n\namended by 62/2009 s 26\n\namended by 16/2024 s 12(1)\ns 34(6)\namended by 16/2024 s 12(2)—(4)\nss 34A and 34B\ninserted by 16/2024 s 13\ns 39\n\ns 39(1)\nsubstituted by 7/2017 s 114(1)\ns 39(2)\namended by 7/2017 s 114(2)\ns 39(2a)\ninserted by 39/2009 s 54\ns 40\n\ns 40(1)\namended by 14/2019 s 158(1)\ns 40(3)\ninserted by 14/2019 s 158(2)\ns 41\n\namended by 62/2009 s 27\ns 42\n\namended by 62/2009 s 28\ns 45\n\ns 45(1)\ns 45 redesignated as s 45(1) by 36/2011 s 24\ns 45(2)\ninserted by 36/2011 s 24\ns 47\nsubstituted by 36/2011 s 25\ns 47(2)\namended by 16/2013 s 94(1)\ns 47(3)\namended by 16/2013 s 94(2)\ns 47(3a)\ninserted by 16/2013 s 94(3)\ns 49\n\ns 49(1)\nsubstituted by 21/1998 Sch cl 8 as substituted by 22/1998 s 3\ns 50\n\ns 50(1)\nsubstituted by 62/2009 s 29\ns 50(2)\namended by 7/2017 s 115\ns 51\n\ns 51(1)\namended by 16/2024 s 14\ns 53\n\ns 53(2)\n\namended by 62/2009 s 30(1)—(3)\nSch 1\n\nscl (4)\namended by 21/1998 s 31\nSch 2 before deletion by 14/2019\n\nscl (4)\namended by 21/1998 s 32\nSch 2\ndeleted by 14/2019 s 159\nSch 3\nwill expire by regulation: cl 7\n\ncl 2 before substitution by 7/2017\namended by 58/1997 s 2\n\nsubstituted by 21/1999 s 3(a)\ncl 2(1)\namended by 62/2009 s 31(1)—(4)\ncl 2(2)\namended by 62/2009 s 31(5), (6)\ncl 2(3)\ninserted by 62/2009 s 31(7)\ncl 2\nsubstituted by 7/2017 s 116(1)\ncl 2A\ninserted by 62/2009 s 31(8)\n\ndeleted by 7/2017 s 116(1)\ncl 3\n\ncl 3(2)\namended by 21/1999 s 3(b)\n\nsubstituted by 62/2009 s 31(9)\n\namended by 16/2024 s 15\ncl 5\n\ncl 5(1)\ncl 5 amended and redesignated as cl 5(1) by 21/1999 s 3(c), (d)\n\namended by 7/2017 s 116(2), (3)\ncl 5(2) and (3)\ninserted by 21/1999 s 3(d)\ncl 7\n\ncl 7(1)\ncl 7 redesignated as cl 7(1) by 21/1999 s 3(e)\ncl 7(2)\ninserted by 21/1999 s 3(e)\nSch 4\n\ncl 5A\ninserted by 67/1996 s 26\n17.10.1996\ncl 5A(1)\nSch 5\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment and Repeal (Simplify) Act 2017\n117—Transitional provision\nA person licensed under the Second-hand Vehicle Dealers Act 1995 (the Act) as a dealer immediately before the commencement of this section is not required to give notice under section 14(1) of the Act in relation to premises that were, immediately before that commencement, registered under the Act in the name of that person.\nStatutes Amendment (SACAT) Act 2019, Part 25\n160—Transitional provisions\n\t(1)\tA right of appeal to the Administrative and Disciplinary Division of the District Court under sections 10, 14A and 14B of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tA right to lodge a complaint under Part 5 of the principal Act with respect to a matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Administrative and Disciplinary Division of the District Court, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be lodged with the Tribunal rather than the District Court.\n\t(3)\tA decision or order of the Administrative and Disciplinary Division of the District Court under Part 5 of the principal Act in force immediately before the relevant day (including a decision or order of the Commercial Tribunal that has effect as if it were an order of the District Court by virtue of the operation of Schedule 4 clause 5 of the principal Act) will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(5)\tA member of each panel of persons who may sit as assessors established under Schedule 2 of the principal Act (as in force immediately before the relevant day) will cease to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(6)\tIn this section—\nprincipal Act means the Second-hand Vehicle Dealers Act 1995;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\nSecond-hand Vehicle Dealers (Miscellaneous) Amendment Act 2024, Sch 1—Transitional provision\n1—Duty to repair\nSection 23 of the Second-hand Vehicle Dealers Act 1995 as amended by section 9 of this Act applies in relation to a vehicle whether the sale of the vehicle occurred before or after the commencement of section 9.\nHistorical versions\nReprint No 1—17.10.1996\n\nReprint No 2—3.2.1997\n\nReprint No 3—31.7.1997\n\nReprint No 4—28.5.1998\n\nReprint No 5—1.5.1999\n\nReprint No 6—1.6.2000\n\nReprint No 7—1.11.2001\n\n1.7.2010\n\n1.1.2024\n\n","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been extended and adjusted since the original enactment through a series of amendments. Notable changes visible in the text include: the addition of a statutory consumer cooling‑off regime (inserted as ss 18A–18E by the 2009 amendment (see legislative history entries for 2009; s 18B references)), expanded Commissioner powers and administrative pathways (urgent suspension powers inserted by 71/2013 — s 14A; Tribunal references substituted by 14/2019 — ss 10 and related provisions), and newer odometer enforcement and direction powers (ss 34A and 34B inserted by the 2024 amendments). The duty to repair has also been adjusted and clarified by later amendments (s 23 and the transitional provision in the 2024 Amendment Act Sch 1). Schedule 3 (Compensation Fund) has been modified over time (various amendments noted in legislative history). These amendments change the instrument's scope by adding consumer protections, expanding administrative enforcement tools, and updating technical offences and remedies (see ss 18B, 14A, 34A–34B, s 23 and Schedule 3)."},"complexity_factors":["Multiple interlocking regimes: licensing (Part 2), consumer transaction rules (Part 3), post‑sale duty to repair (Part 4), disciplinary process (Part 5), and a compensation fund (Schedule 3) — each with distinct procedures and remedies.","Frequent exceptions and condition‑based rules: exclusions for auctions, dealer‑to‑dealer sales, price bands, kilometres and vehicle age (s 15; s 23(3)–(7)).","Significant delegated rule‑making and administrative discretion: numerous matters left to regulations and to the Commissioner (ss 8, 36, 37, 53), increasing interpretive complexity.","Mixed enforcement and review routes: combination of Commissioner conferences, Magistrates Court orders (s 24), Tribunal disciplinary hearings (Part 5) and rights of review (ss 10, 14A(4), 14B(4), 34B(4)).","Detailed documentary and display requirements with criminal and civil penalties (ss 16–18, 20–21, 41), creating compliance‑sensitive obligations across sales and advertising.","Complex liability regimes for corporate actors: director liability provisions (s 47) and provisions treating acts of officers/agents as acts of the entity (s 46).","Layered amendments and transitional rules across many years, producing multiple cross‑references and time‑dependent provisions (Legislative history and Schedule 4)."],"plain_english_summary":"What this law does (mechanically)\n\n- The Act sets rules for people and businesses who buy and sell second-hand motor vehicles in South Australia. It makes it an offence to carry on business as a second-hand vehicle dealer unless you hold a licence (s 7). It creates an administrative system run by the Commissioner for Consumer Affairs to grant, suspend, vary and cancel licences (ss 6, 8, 14A, 14B), and it requires licensed dealers to meet ongoing obligations (insurance (s 12), annual fee and return (s 11), premises notification (s 14), and supervision where the dealer is a corporation (s 13)).\n\n- The Act prescribes how dealers must present vehicles for sale (a prescribed notice attached to the vehicle with specified particulars (s 16); similar obligations for auctions (s 20)), and it sets mandatory requirements for written contracts (s 17) and for providing purchasers with certain notices (s 18, s 21).\n\n- It creates a statutory \"duty to repair\" for dealers after sale in specified circumstances (s 23) with procedures for enforcement by conference with the Commissioner and by application to the Magistrates Court (s 24). It also contains exclusions and time/usage limits on that duty (s 23(3)–(7)).\n\n- The Act gives a purchaser a cooling-off right for many consumer sales to rescind a dealer contract within the cooling-off period and sets refund mechanics and limitations (ss 18A–18E). Contracts subject to cooling-off are also governed as to legal title and possession during the cooling-off period (s 18C).\n\n- It creates penalties for interfering with odometers, for false or misleading statements about odometers, and gives the Commissioner power to direct rectification and to restrict sale pending correction (ss 34, 34A, 34B).\n\n- It establishes a disciplinary regime before the South Australian Civil and Administrative Tribunal for misconduct by dealers, salespersons and directors, with a range of orders and sanctions (Part 5, ss 26–32). The Commissioner may be joined to tribunal proceedings (s 40).\n\n- The Act continues a compensation fund for unpaid claims against dealers (Schedule 3). Licensed dealers may be required by regulation to contribute to that Fund and a claimant may apply to the Commissioner for payment where there is an unsatisfied claim (Schedule 3 cl 2–4).\n\nWho it affects, who pays and who decides (practical allocation of costs and authority)\n\n- Dealers and prospective dealers: must obtain and maintain licences (s 7), meet documentary and identity checks (s 8), pay licence/annual fees (s 8(1)(b), s 11(2)(a)), hold insurance (s 12) and comply with display/contract/advertising obligations (ss 16–17, 20). Licensed dealers may also be required to pay contributions to the Compensation Fund (Schedule 3 cl 4). The Act makes dealers liable for repairing certain defects after sale (s 23) and for admin and offence penalties (numerous provisions).\n\n- Salespersons: the Act restricts who may be employed or act as a salesperson by requiring absence of certain convictions or disqualifications (s 13A).\n\n- Purchasers (natural persons): the Act grants statutory rights — a cooling-off rescission right for many consumer purchases (s 18B), the right to have certain notices and contract information before possession (ss 17–18), and potential compensation through the Commissioner or the Compensation Fund (s 24; Schedule 3).\n\n- The Commissioner: empowered to license, require information, suspend/cancel licences in urgent or other circumstances (ss 6, 8, 14A, 14B), convene conferences for duty-to-repair disputes (s 24), direct odometer rectification and sale restrictions (s 34B), and administer the Compensation Fund (Schedule 3 cl 1, cl 3). The Commissioner can delegate many powers (s 36) and enter agreements with representative organisations (s 37).\n\n- Courts and Tribunal: dispute resolution and enforcement are split between the Magistrates Court (orders to enforce repairs, compensation; s 24) and the South Australian Civil and Administrative Tribunal for licensing and disciplinary reviews (ss 10, 14A(4), 14B(4), Part 5).\n\nWhy it matters / official purpose and an evidence‑based test of costs and trade‑offs\n\n- The Act's stated object (long title) is to regulate dealing in second‑hand motor vehicles and to provide remedies/controls where dealers behave improperly. That purpose implies consumer protection and market integrity.\n\n- Costs and who bears them: the statutory design puts most direct regulatory costs on dealers. They pay licence and annual fees (s 8, s 11), insurance costs (s 12), compliance costs for notices, contracts and record-keeping (ss 16–18, 39), and potential repair costs under the duty to repair (s 23). Dealers may also bear contributions to the Compensation Fund if required by regulation (Schedule 3 cl 4). Penalties and criminal liability (many provisions) create additional financial and personal risk for dealers and directors (ss 7, 34, 47).\n\n- Incentives and behaviour changes: licensing, display and contract requirements (ss 7, 16, 17) create administrative barriers that make ongoing, ordinary retailing activities more traceable and document‑heavy. The duty to repair (s 23) gives buyers a post‑sale claim on dealers for safety‑related or material defects, which creates an incentive for dealers to inspect and disclose vehicle condition and may raise the marginal cost of offering vehicles with latent defects. The cooling‑off right (s 18B) constrains dealers' ability to finalise sales immediately and affects how dealers manage deposits and options (s 18E).\n\n- Effects on private enterprise, competition and prices: the Act imposes entry and ongoing regulatory costs (licensing, insurance, compliance). Those costs are concentrated on licensed dealers and will tend to be built into pricing or business models. Exceptions in the Act (e.g. auctions, sales between dealers; s 15) allow alternative sales channels that avoid certain obligations, creating substitution effects between retail dealer sales and auction or intra‑dealer markets. The net competitive effect depends on how regulations (fees/contributions/insurance) are set by the Commissioner and the regulations (s 53), and how strictly enforcement is applied.\n\n- Limits on contract freedom and advertising: the Act voids attempts to waive statutory rights except where regulation permits (s 33) and restricts advertising about odometer readings unless prescribed statement conditions are satisfied (s 16(6), s 20(5)). That reduces contractual discretion for dealers and places formal disclosure obligations on advertising and sale documents.\n\n- Implementation and administrative discretion risks: many operational matters are left to delegated regulation and Commissioner's discretion — e.g. forms and fees (s 8), what the Commissioner may require to determine an application (s 8(2)), exemptions by Minister (s 38), regulations made under s 53 (including powers to make waivers and determine fees), and the Commissioner's power to direct odometer rectification (s 34B). Delegation and the ability to enter agreements with organisations (s 37) create administrative flexibility but also concentrate decision‑making in the Commissioner and the Minister.\n\n- Enforcement architecture and dispute resolution: remedies for purchasers mix administrative conciliation (Commissioner conferences, s 24) and court enforcement (Magistrates Court orders, s 24). Licensing and disciplinary sanctions are handled by the Tribunal with a broad range of powers (Part 5). The dual pathway (administrative/tribunal plus court) imposes different procedural obligations on parties and distributes enforcement costs between public bodies, courts and private parties.\n\n- Areas where the Act changes relative incentives or creates substitution: the Act excludes certain transactions (e.g. dealer-to-dealer sales, auctions) from parts of the retail consumer regime (s 15), which may shift marginal activity towards those channels. The duty to repair has thresholds tied to price ranges, kilometres and age (s 23(4)–(7)), which mechanically distinguishes lower-priced, older, or high‑mileage vehicles from newer or more expensive ones and shapes inventory choices by dealers.\n\n- Administrative and compliance burden summary: dealers must keep and make available prescribed notices and contract documents (ss 16–18), maintain insurance and pay fees (ss 11–12), ensure salespersons meet eligibility (s 13A), notify premises (s 14), and be prepared to engage in Commissioner conferences, Tribunal hearings or court proceedings (ss 24, 29–31). The Commissioner can require statutory declarations to verify information (s 43). These are recurring, enforceable obligations with specified penalties for non‑compliance.\n\nConcrete trade‑offs and implementation risks\n\n- Concentrated vs diffuse effects: the immediate, concentrated costs fall on dealers (licensing, insurance, repair liability, penalties). The benefits — consumer protection, safer vehicles, accurate odometer information — are more diffuse across purchasers and the public. The Act provides a Compensation Fund mechanism (Schedule 3) that pools some risk, but the Fund's financing and contribution rules are left to regulation (Schedule 3 cl 3–4).\n\n- Discretion and legal remedies: the Commissioner has broad powers (licensing decisions, urgent suspensions, odometer directions) subject to review by the Tribunal (ss 8, 14A(4), 34B(4)). The combination of administrative action and judicial review creates implementation risk around timing and consistency of decisions.\n\n- Substitution effects and exemptions: statutory carve-outs (auctions, dealer sales between dealers — s 15) can be used to structure transactions to avoid certain obligations. The Act explicitly recognises those substitution possibilities by excluding those channels from parts of the consumer regime.\n\nCitations: key provisions cited above are s 7 (licensing), ss 8 & 11 (applications, fees), s 12 (insurance), s 13/13A (corporate supervision and salespersons), s 14 (premises notification), ss 14A/14B (urgent and ordinary suspension/cancellation powers), ss 16–17 (display and contract form), ss 18B–18E (cooling‑off), s 23 (duty to repair) and s 24 (enforcement), ss 34/34A/34B (odometer offences and directions), Part 5 (discipline) and Schedule 3 (Compensation Fund)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was an error page from the SA Legislation website, not the content of the Second-hand Vehicle Dealers Act 1995."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual provisions, definitions, schedules, or regulatory mechanisms","Complexity score of 1 reflects absence of content, not simplicity of the underlying Act","Website migration (pre-24 March 2026 links now broken) caused the retrieval failure"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Second-hand Vehicle Dealers Act 1995* (South Australia) returned a **Page Not Found** error from the SA Legislation website. This appears to be because the bookmark or hyperlink was created before a website update on 24 March 2026, making it incompatible with the current site structure.\n\n**What we do know about this Act in general terms:**\nThe *Second-hand Vehicle Dealers Act 1995* (SA) is a South Australian consumer protection law that regulates businesses that buy and sell used cars, motorcycles, and other second-hand vehicles. It typically covers:\n- **Licensing requirements** for dealers (who needs a licence to legally sell second-hand vehicles)\n- **Consumer protections** (rights buyers have when purchasing a used vehicle from a dealer)\n- **Dealer obligations** (record-keeping, disclosure of vehicle history, cooling-off rights)\n- **Penalties** for unlicensed dealing or misleading conduct\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act title."},"kimi_summary":{"_metrics":{"completionTokens":871},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1995 form. Major additions include: the 2009 cooling-off rights regime (Part 3 Division 1 Subdivision 3), the 2009 'close associate' provisions to prevent licence circumvention, the 2013 urgent suspension powers (Parts 2A and 2B), the 2014 salesperson regulation (section 13A), the 2017 premises notification overhaul, the 2019 transfer to SACAT jurisdiction, and the 2024 odometer enforcement provisions (sections 34A-34B) and electric vehicle battery repair clarification. The Compensation Fund has also been repeatedly modified. What began as primarily a licensing and repair obligation scheme now encompasses comprehensive consumer protection, industry discipline, and financial compensation mechanisms."},"complexity_factors":["Multiple overlapping exemption regimes (sections 7(2), 23(3), 23(7), 38, Schedule 3 clause 2(3))","Nested conditional logic in cooling-off provisions (sections 18B-18E with multiple sub-conditions)","Extensive cross-referencing to other legislation (National Consumer Credit Protection Act, Corporations Act, Heavy Vehicle National Law, etc.)","47+ defined terms in interpretation section including complex 'close associate' definition with 10 relationship categories","Duty to repair section (23) contains 10 subsections with multiple exceptions, thresholds, and time/distance calculations","Dual disciplinary pathways: Commissioner urgent powers (Part 2A/2B) plus Tribunal disciplinary proceedings (Part 5)","Schedule 3 Compensation Fund with 7 clauses including complex subrogation and director liability provisions","Multiple review mechanisms with varying time limits (sections 10, 14A, 14B, 34B)","Transitional provisions across 4 schedules with multiple amendment histories"],"plain_english_summary":"This South Australian law regulates the sale of second-hand motor vehicles to protect consumers from dodgy dealers. Here's what it does:\n\n**Who needs a licence**\n- Anyone buying and selling second-hand vehicles as a business must be licensed by the Commissioner for Consumer Affairs\n- Salespeople working for dealers must also meet integrity requirements (no recent dishonesty convictions)\n- Corporate dealers must have a licensed individual properly managing the business\n\n**Consumer protections when buying**\n- **Cooling-off period**: Buyers get 2 clear business days to change their mind and cancel the contract (with a small fee of 2% or $100, whichever is less)\n- **Written contracts required**: All sales must be in writing with specific details including price, vehicle identification, and repair obligations\n- **Display notices**: Vehicles for sale must have notices showing price, odometer reading, previous owner details, and whether repair obligations apply\n- **Odometer protection**: Tampering with odometers is a serious offence (up to $150,000 fine or 2 years jail for repeat offenders), and false statements about odometer accuracy are prohibited\n\n**Dealer obligations**\n- **Duty to repair**: Dealers must fix defects that make vehicles unsafe or non-roadworthy, generally for 2-3 months or 3,000-5,000km depending on price (with many exceptions for older vehicles, motorcycles, tyres, disclosed defects, etc.)\n- **Insurance**: Dealers must maintain prescribed insurance or their licence is automatically suspended\n- **Premises notification**: Dealers must notify the Commissioner of business premises before operating there\n\n**Enforcement and discipline**\n- The Commissioner can urgently suspend licences if dealers pose ongoing harm risks\n- The South Australian Civil and Administrative Tribunal can fine dealers up to $100,000, suspend or cancel licences, and disqualify individuals from the industry\n- Directors can be personally liable for corporate offences\n\n**Compensation Fund**\n- A fund exists to compensate buyers or sellers who lose money due to dealer misconduct when they can't recover from the dealer directly\n- Funded by dealer contributions, with government backup if needed\n\nThe Act also includes detailed rules for auctions, trade-ins during cooling-off periods, and enforcement through the Magistrates Court for repair disputes."}},"importantCases":[],"_links":{"self":"/api/acts/second-hand-vehicle-dealers-act-1995","history":"/api/acts/second-hand-vehicle-dealers-act-1995/history","analysis":"/api/acts/second-hand-vehicle-dealers-act-1995/analysis","conflicts":"/api/acts/second-hand-vehicle-dealers-act-1995/conflicts","importantCases":"/api/acts/second-hand-vehicle-dealers-act-1995/important-cases","documents":"/api/acts/second-hand-vehicle-dealers-act-1995/documents"}}