52Odometer tampering

#### 52 Odometer tampering 52 Odometer tampering > > (1) Offence A person must not— > > > > > (a) alter the reading on the odometer of a motor vehicle, or > > > > > (b) remove or replace the odometer of a motor vehicle, or > > > > > (c) render the odometer of a motor vehicle inoperative or inaccurate by any means. > > > > Maximum penalty—500 penalty units. > > > (2) It is presumed, in the absence of evidence to the contrary, that a defendant in proceedings for an offence under this section committed the offence if it is proved in those proceedings that— > > > > > (a) the defendant had possession of the motor vehicle, and > > > > > (b) at that time or soon after the motor vehicle ceased to be in the defendant’s possession, the odometer reading was less than the reading at the time the defendant acquired possession of the motor vehicle. > > > (3) Defence It is a defence in proceedings for an offence under this section if the defendant proves that— > > > > > (a) the action was not taken by the defendant with the intent of enhancing the apparent value of the motor vehicle for the purpose of sale, and > > > > > (b) the action was not taken by the defendant for any other fraudulent purpose. > > > (4) Repairs permitted Despite any other provision of this section, the holder of a motor vehicle repairer’s licence may repair or replace an odometer if— > > > > > (a) the holder notifies the Secretary in the approved form of the repair or replacement, and > > > > > (b) the reading on the repaired or replacement odometer is restored so that it shows an accurate reading for the motor vehicle. > > > (5) Despite any other provision of this section, any person may repair or replace an odometer if the repair or replacement— > > > > > (a) is approved by the Secretary or a person prescribed by the regulations for the purposes of this section, and > > > > > (b) is in accordance with the approval. > > > (5A) An approval by the Secretary under subsection (5)(a) may be given subject to conditions, including in circumstances in which an odometer cannot be reset or has reached its operational limit. > > > (6) Compensation orders A court that convicts a person of an offence under this section or section 53 may, on its own motion or on application by the prosecutor or a person who purchased the motor vehicle relying on the odometer reading of the motor vehicle, order the convicted person to pay to the purchaser an amount determined by the court as being the amount of the difference between the sale price of the motor vehicle and its fair price at the time of the sale. > > **s 52:** Am 2023 No 28, Sch 1\[34\] \[35\].