(a) the vehicle standards (Australian Design Rules) determined under the MVSA and as amended or replaced from time to time; or
(b) a national road vehicle standard determined under section 12 of the RVSA and as amended or replaced from time to time;
Australian Fuel Consumption Guide means –
(a) the Green Vehicle Guide produced by the Commonwealth Department of Environment and Heritage, as amended or substituted from time to time, together with the Fuel Consumption Guide Database 1986-2003 kept and published by that Department; or
(b) a prescribed document;
authorised officer means a person who is an authorized officer within the meaning of the Consumer Affairs Act 1988 ;
chief executive officer, in relation to a body corporate, means –
(a) the chief executive officer of the body corporate; or
(b) an individual who holds an office in the body corporate that is substantially the same as that of chief executive officer of a body corporate, regardless of the name of that office; or
(c) an individual acting in the office of chief executive officer or an office referred to in paragraph (b) ;
(a) if manufactured or imported on or after 1 July 1988, has a vehicle category code of MD, ME, NA, NB or NC stamped, engraved or otherwise placed on its compliance plate; or
(b) if manufactured or imported before 1 July 1988, has the capacity to carry 1 200 kilograms or more and is constructed or adapted to be used principally for –
director, in relation to a body corporate, means –
(a) a director of the body corporate; or
(b) an individual who holds an office in the body corporate that is substantially the same as that of a director of a body corporate, regardless of the name of that office; or
(c) an individual acting in the office of director or in an office referred to in paragraph (b) ; or
(d) an individual not referred to in paragraph (a) , (b) or (c) but who is concerned in the management of the body corporate;
finance agreement means an agreement under which a person agrees to provide finance to another person in respect of a motor vehicle and the other person –
(a) agrees to pay or repay the amount of finance provided at a later time, whether the time for repayment is fixed or indeterminate; or
(b) obtains a right to use the motor vehicle (whether or not a right of purchase is also obtained) and agrees to make successive payments for that use before, during or after any period of use; or
(c) agrees to give to the person who agrees to provide finance a negotiable instrument under which payment is not to be made by the person against whom the negotiable instrument is drawn until a later date;
finance provider means a person who carries on the business of buying, selling or exchanging motor vehicles only for one or more of the following purposes:
(a) selling motor vehicles on instalment terms;
(b) hiring motor vehicles under hire-purchase agreements;
(c) taking or enforcing securities over motor vehicles;
(d) letting or hiring motor vehicles with or without granting a right to purchase them;
(e) a prescribed purpose;
(f) disposing of motor vehicles acquired by the person in connection with any of the purposes referred to in paragraph (a) , (b) , (c) , (d) or (e) ;
fit and proper person to hold a motor vehicle trader licence has the meaning given by section 7 ;
(b) for profit, allows other persons to park motor vehicles on that land for the purpose of offering them for sale and selling them;
partner, in relation to a partnership, means –
(a) an individual who is a partner in the partnership; or
(b) an individual who is not a partner in the partnership but is concerned in the management of the partnership; or
(c) if a partner in the partnership is another partnership, an individual who is a partner in, or is concerned in the management of, that other partnership; or
(d) if a partner in the partnership is a body corporate, a director or other individual concerned in the management of that body corporate;
pre-sale disclosure statement means the pre-sale disclosure statement in respect of a motor vehicle required to be displayed by a licensed motor vehicle trader under section 37 ;
purchaser, in relation to a motor vehicle, includes –
(a) a person who receives the motor vehicle as part of an exchange arrangement; and
(b) a person who is entitled to the use of the motor vehicle if a finance agreement is entered into in respect of the vehicle at the time of its sale;
recondition, in relation to an engine, means the process of reconditioning an engine set out in –
(a) the definition of "Reconditioned (remanufactured) engine" in "AS 4182-1994: Automotive repairs – Code of practice for reconditioning reciprocating spark ignition engines" published on 21 March 1994 by Standards Australia, as amended or substituted from time to time; or
(b) if another standard or other document is prescribed in the regulations for the purposes of this definition, that other standard or other document, as amended or substituted from time to time;
regulations means regulations made and in force under this Act;
repair includes replace and recondition;
statutory warranty means the warranty given by a licensed motor vehicle trader to the purchaser of a warrantied vehicle by reason of section 43(2) ;
trade-in, in relation to an item, means to transfer ownership of the item from a purchaser of a motor vehicle to a licensed motor vehicle trader who credits the value of the item against the purchase price of the motor vehicle;
vehicle category code, in relation to a vehicle, means the code for that type of vehicle specified in the Australian Design Rules;
vendor, in relation to a motor vehicle, includes a person who gives the motor vehicle under an exchange arrangement;
warrantied vehicle has the meaning given by section 42 .
(2) For the avoidance of doubt, a reference in this Act to buying, selling or exchanging a motor vehicle includes a reference to buying, selling or exchanging a motor vehicle on consignment.
(3) If –
(a) the Commonwealth Department of Environment and Heritage has a name change or ceases to exist; or
(b) the production and publication of the Green Vehicle Guide referred to in the definition of "Australian Fuel Consumption Guide" in subsection (1) , or a document that is substituted for that Guide, is assigned to another Commonwealth Department; or
(c) the name of that Guide is changed; or
(d) the keeping and publication of the Fuel Consumption Guide Database 1986-2003 referred to in the definition of "Australian Fuel Consumption Guide" in subsection (1) is assigned to another Commonwealth Department; or
(e) the name of that Database is changed –
the Minister, by order, may amend that definition.
(4) An order under subsection (3) that amends the definition of "Australian Fuel Consumption Guide" is a statutory rule for the purposes of the Rules Publication Act 1953 .