36Clear title for used motor vehicle

36 Clear title for used motor vehicle

(1)  In this section –

encumbrance means a security interest, within the meaning of the Personal Property Securities Act 2009 of the Commonwealth as in force from time to time, in relation to a motor vehicle.

(2)  If a licensed motor vehicle trader sells, or supplies on exchange, a used motor vehicle, he or she must pass the title to the motor vehicle free from all encumbrances and interests.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) an individual, a fine not exceeding 200 penalty units.

(3)  Subsection (2) does not apply to the sale, or supply on exchange, of a motor vehicle by a licensed motor vehicle trader acting on consignment.