4Meaning of "dealing in motor vehicles"

4 Meaning of "dealing in motor vehicles"

(1)  A person deals in motor vehicles if –

(a) [Section 4 Subsection (1) amended by No. 29 of 2022, s. 26, Applied:14 Dec 2022] the person carries on, or holds himself or herself out as carrying on, a business of dealing in motor vehicles that is located in this State, or another State or a Territory, that deals in motor vehicles that are located in this State; or

(b) [Section 4 Subsection (1) amended by No. 29 of 2022, s. 26, Applied:14 Dec 2022] the person during the immediately preceding 12-month period buys, sells or exchanges, or offers to buy, sell or exchange, a total of 6 or more motor vehicles located in this State otherwise than as an employee of a licensed motor vehicle trader.

(2)  For the purposes of subsection (1)(b) , an offer to sell a motor vehicle includes –

(a) an invitation to treat in respect of the sale of the vehicle; and

(b) the publication of, or the authorisation of the publication of, an advertisement in respect of the sale of the vehicle.

(3)  Despite subsection (1) , the following persons are not dealing in motor vehicles:

(a) a finance provider, or an employee of a finance provider, who buys, sells or exchanges motor vehicles for the purposes of carrying on the business of the finance provider;

(b) a person who buys motor vehicles for the purpose of dismantling them;

(c) the Crown;

(d) a person who auctions motor vehicles on behalf of the persons who own them;

(e) a park and sell operator;

(f) a person who buys, sells or exchanges motor vehicles as a collector of motor vehicles and those vehicles are intended to form, or formed, part of that person's collection.

(4)  A person –