35Dealings book

35 Dealings book S. 35(1) amended by No. 4/2008 s. 11. (1) A motor car trader must cause a dealings book in the prescribed form to be kept at the premises at which the business of trading in motor cars is carried on. S. 35(2) amended by No. 74/1996 s. 50(c). (2) A motor car trader— (a) must make, or cause to be made, in the dealings book entries as to the prescribed matters required under the regulations to be entered in the dealings book at the time of purchase, sale or exchange of a motor car by a motor car trader or at the time of receiving a motor car into the custody or possession of a motor car trader for the purpose of sale or exchange; and (b) must ensure that entries are signed as prescribed. S. 35(3) amended by No. 74/1996 s. 50(d). (3) A motor car trader must not make a false or misleading entry in a dealings book. S. 35(4) repealed by No. 91/2005 s. 3(1). (5) If a used motor car is bought or taken in exchange by a licensed motor car trader acting on behalf of another motor car trader and the licensed motor car trader complies with this section, the motor car trader on whose behalf the purchase or exchange was made is deemed to have complied with this section. (6) For the purposes of this section, a motor car is deemed to be in possession of a motor car trader when it is in any place occupied by the motor car trader or has been removed with the knowledge and permission of the motor car trader to any other place without a sale or exchange in good faith having been made by the motor car trader. (7) A person must not give false information to a motor car trader in respect of any matter which the motor car trader is required by this Act to keep or enter in any prescribed records. 1. 5 penalty units. S. 35(8) inserted by No. 74/1996 s. 22, substituted by No. 91/2005 s. 3(2). (8) It is sufficient compliance with subsection (2)(b) if— (a) a motor car trader keeps a paper document— (i) that identifies in the prescribed manner the name and address of the person from whom the motor car was acquired and that is signed as prescribed; or (ii) if a used motor car is acquired by the motor car trader at auction, that identifies in the prescribed manner the name and address of the auctioneer and that is signed as prescribed; and (b) the dealings book identifies that document in relation to that transaction in the prescribed manner; and (c) the motor car trader stores that paper document with all the other documents required under this Act to be kept in relation to that transaction. S. 35(9) inserted by No. 91/2005 s. 3(3). (9) If a dealings book is kept in an electronically readable form and the motor car trader does not comply with subsection (8) in relation to a transaction, then for the purposes of subsection (2), the motor car trader must ensure that— (a) the entries relating to a transaction are copied on to paper; and (b) the paper is then signed as prescribed; and (c) all such papers are stored together. S. 35A inserted by No. 74/1996 s. 23.