sec.142Obligation to give clear title

### sec.142 Obligation to give clear title This section applies if a used motor vehicle is to be sold by a chattel auctioneer (the selling agent ) at auction to someone else (the buyer ). The following person (the responsible licensee ) must ensure the buyer has clear title to the motor vehicle at the time property in the vehicle passes to the buyer— if the selling agent owns the vehicle or is auctioning the vehicle for someone other than a motor dealer or another chattel auctioneer—the selling agent; if the selling agent is auctioning the vehicle for a motor dealer or another chattel auctioneer—the motor dealer or other chattel auctioneer for whom the selling agent is auctioning the vehicle. Maximum penalty—200 penalty units. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this subsection. In a proceeding for an offence against subsection (2) , it is a defence for the defendant to prove that the defendant took all reasonable steps to ensure subsection (2) was complied with. A proceeding against a chattel auctioneer or motor dealer for an offence against this section does not affect any civil liability of any person, including the chattel auctioneer or dealer, arising out of the same facts that constitute the offence. Subsection (2) does not apply to the extent that a security interest in the motor vehicle is registered under the Personal Property Securities Act 2009 (Cwlth) . The Personal Property Securities Act 2009 (Cwlth) provides for circumstances in which a buyer of a motor vehicle takes the vehicle free of a security interest under that Act. (sec.142-ssec.1) This section applies if a used motor vehicle is to be sold by a chattel auctioneer (the selling agent ) at auction to someone else (the buyer ). (sec.142-ssec.2) The following person (the responsible licensee ) must ensure the buyer has clear title to the motor vehicle at the time property in the vehicle passes to the buyer— if the selling agent owns the vehicle or is auctioning the vehicle for someone other than a motor dealer or another chattel auctioneer—the selling agent; if the selling agent is auctioning the vehicle for a motor dealer or another chattel auctioneer—the motor dealer or other chattel auctioneer for whom the selling agent is auctioning the vehicle. Maximum penalty—200 penalty units. A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this subsection. (sec.142-ssec.3) In a proceeding for an offence against subsection (2) , it is a defence for the defendant to prove that the defendant took all reasonable steps to ensure subsection (2) was complied with. (sec.142-ssec.4) A proceeding against a chattel auctioneer or motor dealer for an offence against this section does not affect any civil liability of any person, including the chattel auctioneer or dealer, arising out of the same facts that constitute the offence. (sec.142-ssec.5) Subsection (2) does not apply to the extent that a security interest in the motor vehicle is registered under the Personal Property Securities Act 2009 (Cwlth) . The Personal Property Securities Act 2009 (Cwlth) provides for circumstances in which a buyer of a motor vehicle takes the vehicle free of a security interest under that Act. - (a) if the selling agent owns the vehicle or is auctioning the vehicle for someone other than a motor dealer or another chattel auctioneer—the selling agent; - (b) if the selling agent is auctioning the vehicle for a motor dealer or another chattel auctioneer—the motor dealer or other chattel auctioneer for whom the selling agent is auctioning the vehicle.