sec.96Obligation to give clear title

### sec.96 Obligation to give clear title This section applies if a used motor vehicle is to be sold by or for a motor dealer (the selling agent ) to someone else (the buyer ), other than by auction. For a sale by auction, see section 142 . 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 motor vehicle or is appointed to sell the vehicle on consignment for someone other than another motor dealer or chattel auctioneer—the selling agent; if the selling agent is selling the motor vehicle for another motor dealer or chattel auctioneer—the other motor dealer or chattel auctioneer for whom the selling agent is selling 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 motor dealer or chattel auctioneer for an offence against this section does not affect any civil liability of any person, including the motor dealer or chattel auctioneer, 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. In this section— sold includes sold on consignment. (sec.96-ssec.1) This section applies if a used motor vehicle is to be sold by or for a motor dealer (the selling agent ) to someone else (the buyer ), other than by auction. For a sale by auction, see section 142 . (sec.96-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 motor vehicle or is appointed to sell the vehicle on consignment for someone other than another motor dealer or chattel auctioneer—the selling agent; if the selling agent is selling the motor vehicle for another motor dealer or chattel auctioneer—the other motor dealer or chattel auctioneer for whom the selling agent is selling 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.96-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.96-ssec.4) A proceeding against a motor dealer or chattel auctioneer for an offence against this section does not affect any civil liability of any person, including the motor dealer or chattel auctioneer, arising out of the same facts that constitute the offence. (sec.96-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. (sec.96-ssec.6) In this section— sold includes sold on consignment. - (a) if the selling agent owns the motor vehicle or is appointed to sell the vehicle on consignment for someone other than another motor dealer or chattel auctioneer—the selling agent; - (b) if the selling agent is selling the motor vehicle for another motor dealer or chattel auctioneer—the other motor dealer or chattel auctioneer for whom the selling agent is selling the vehicle.