30Misrepresentations

30 Misrepresentations

(1)  In this section –

build plate means a plate which describes the build specifications of a motor vehicle and was placed on the motor vehicle by the manufacturer at the time of its manufacture;

model designation means the model identification code stamped on a motor vehicle at the time of manufacture.

(2)  A licensed motor vehicle trader must not –

(a) conceal or misrepresent the condition of a motor vehicle that is offered for sale or exchange; or

(b) make a statement in relation to the condition of a motor vehicle that is offered for sale or exchange knowing or believing that the statement is or may be false or misleading; or

(c) make a statement or representation that a motor vehicle is available for sale or exchange knowing or believing that the motor vehicle is not available for sale or exchange; or

(d) make a statement or representation in relation to the year in which a motor vehicle that is offered for sale or exchange was manufactured knowing or believing that –

(i) in the case of a motor vehicle fitted with a silver compliance plate, the year so stated or represented is not or may not be the year specified on the compliance plate as the year in which the compliance plate was fitted to the motor vehicle; or

(ii) in the case of a motor vehicle fitted with a green, yellow, magenta or blue compliance plate, the year so stated or represented is not or may not be the year specified on the build plate fitted to the motor vehicle; or

(iii) [Section 30 Subsection (2) amended by No. 34 of 2020, Sched. 1, Applied:01 Jul 2021] in the case of a vehicle that is entered on the RAV via an entry pathway under section 15(2) of the RVSA, the year so stated or represented is not or may not be the year in which the vehicle was entered on the RAV; or

(e) make a statement or representation in relation to the year in which a motor vehicle that is offered for sale or exchange complied with the Australian Design Rules knowing or believing that the motor vehicle did not or may not have complied with those Rules in that year; or