126Other rules for interpreting Part 10

126 Other rules for interpreting Part 10 (1) For the purposes of this Part, a person who sells 4 or more motor vehicles during any period of 12 months is to be presumed until the contrary is proved as having sold them in the course of carrying on a business of selling motor vehicles. (2) Where: (a) a motor vehicle is made the subject of a hire-purchase agreement; or (b) one person enters into an agreement with another for the hire or leasing to that other of a motor vehicle other than a second- hand vehicle; the motor vehicle is to be treated for the purposes of this Part as having been sold by its owner to the hirer by a sale made at the time when the agreement was entered into, but this does not by itself constitute the owner a dealer for the purposes of this Part. (3) Where: (a) a dealer sells a motor vehicle to a financier in the expectation that the vehicle will be sold, or treated by virtue of subsection (2) as having been sold, by the financier to a particular third person; and (b) the vehicle is so sold or treated as having been so sold; the dealer shall be treated for the purposes of this Part as having sold the vehicle to that third person.

Consumer Affairs and Fair Trading Act 1990 53 (4) Where: (a) a body corporate enters into an agreement with a person for the letting on hire to that person of a motor vehicle other than a second-hand motor vehicle; and (b) that body corporate is not a dealer, but is, for the purposes of the Corporations Act 2001, to be deemed to be related to another body corporate which is a dealer; the first-mentioned body corporate is liable to the hirer in all respects as if it were a dealer unless another person who is a dealer is to be treated by virtue of subsection (3) as having sold the vehicle to the hirer. (5) For the purposes of this Part, a motor vehicle is to be treated as having been sold notwithstanding that all or part of the consideration which passed from the purchaser in respect of the sale is represented by another vehicle or some other thing.