Sale of Motor Vehicles Act 1977
32Offences by vendors
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32 Offences by vendors (1) A person (the vendor) shall not, in relation to a second-hand motor vehicle that the vendor offers or displays for sale— (a) make any statement to a purchaser or prospective purchaser of the vehicle that the vendor knows, or ought reasonably to know, is false; or (b) if the vendor is not a dealer and an odometer is fitted to the vehicle—alter the distance recorded on the odometer or replace the odometer without disclosing the alteration or replacement to a purchaser or prospective purchaser of the vehicle. (2) For subsection (1) (a), a statement made by an agent or employee of a dealer in his or her business of a dealer shall be deemed to be the statement of the dealer.
Part 4A Security interests in motor vehicles Part 4A Security interests in motor vehicles 32A Liability of dealer to creditor if security interest defeated (a) a motor vehicle is purchased from a dealer by a non-dealer; and (b) at any time before payment of the purchase price, the dealer had notice that the vehicle was subject to a security interest within the meaning of the PPS Act; and (c) immediately before payment of the purchase price, the security interest had not been discharged or cancelled. (2) The dealer is liable to the person who had the security interest for any loss of the person because of the operation of the PPS Act, part 2.5 (Taking personal property free of security interests) in relation to the interest. (3) However, the dealer is not liable to the person if the dealer purchased the motor vehicle free from the security interest of the person because of the operation of the PPS Act, part 2.5 in relation to the interest. (4) In this section: non-dealer means a person who is not a dealer. payment, of a purchase price, means— (a) if the purchase is not by an exchange—giving valuable consideration for the purchase price; or (b) if all of the purchase price is not paid at the same time—the first payment of part of the purchase price; or (c) if the purchase is by an exchange—making the exchange. PPS Act means the Personal Property Securities Act 2009 (Cwlth)
Security interests in motor vehicles Part 4A purchase, of a motor vehicle, means acquiring the vehicle from a person selling or exchanging the vehicle who has, or appears to have, authority to dispose of the vehicle in that way.