21Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)

21 Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)

21 Advertising sale of damaged or defective motor vehicles—the Act, s 186(2)(h)

(1) A motor dealer who advertises for sale a damaged motor vehicle referred to in the Act, section 65 must state in the advertisement—

(a) that the vehicle has been damaged, and

(b) whether or not the damage has been repaired.

Maximum penalty—20 penalty units.

(2) A motor dealer who advertises for sale a motor vehicle the subject of a defect notice referred to in the Act, section 74 must include in the advertisement—

(a) the words “DEFECTIVE VEHICLE—REPAIR COST $”, and

(b) the repair cost, being the amount estimated in the defect notice as the reasonable cost of repairing the defects specified in the notice.

Maximum penalty—20 penalty units.

(3) A motor dealer must not publish an advertisement offering for sale a motor vehicle the subject of a dealer guarantee if the vehicle has a defect that—

(a) the dealer must repair or make good under the dealer guarantee, and

(b) the dealer knew or ought to have known of when the dealer published the advertisement.

Maximum penalty—20 penalty units.

(4) Subsection (3) does not apply to an advertisement if the advertisement states that the motor vehicle has the defect.

(5) Information required by this section to appear in an advertisement in relation to a motor vehicle must, unless the advertisement only comprises an audio message, appear in writing of a size that is clearly legible to a person who sees the advertisement.