Schedule 2 Reviewable decisions
Schedule 2 Reviewable decisions
(see pt 8)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 15 (4) refuse to approve
computer system for
maintaining dealings
register
licensee proposing to use
computer system
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• Australian Consumer Law (ACT)
• civil partnership
• civil union
• corporation
• director-general (see s 163)
• disallowable instrument (see s 9)
• Executive
• home address
• individual
• lawyer
• Minister (see s 162)
• National Credit Code
• notifiable instrument (see s 10)
• occupational discipline order
• penalty unit (see s 133)
• police officer
• reviewable decision notice
• State
• the Territory.
accessory, in relation to a motor vehicle, means any of the following:
(a) a radio;
(b) a cassette player;
(c) a compact disc player;
(d) a telephone and in-car telephone kit;
(e) a car aerial;
(f) a clock;
(g) a cigarette lighter;
(h) body hardware that is not standard to the motor vehicle;
(i) a power outlet, including a cigarette light socket;
(j) tools, other than a jack or wheel brace;
(k) a light globe;
(l) sealed beam lights;
(m) fog lights that are not standard to the motor vehicle;
(n) an alarm that is not standard to the motor vehicle;
(o) a digital video disc player or video display panel;
(p) MP3 or MP4 player and dock;
(q) a computerised navigation system;
Examples
• global positioning system
• satellite navigation system
(r) a keyless entry system and remote key pad that is not standard
to the motor vehicle;
(s) anything else prescribed by regulation.
body number, in relation to a motor vehicle, means the figures, letters
or other symbols (if any) recorded on the body of a vehicle by the
manufacturer of the vehicle as a means of identification of that
business, in relation to—
(a) a person who is the holder of a licence—means the business
carried on under the licence; or
(b) a person who is an applicant for a licence—means the business
that the person would be entitled to carry on if the person were
granted that licence.
cash price—
(a) in relation to a motor vehicle (including all accessories fitted,
carried in or attached to the vehicle at the time of the offer or
display) offered or displayed for sale—means the price at which
the vendor is willing to sell the vehicle for cash; and
(b) in relation to the sale of a motor vehicle—
(i) means the price at which the vehicle is sold; or
(ii) if any part of the consideration that passes or is to pass from
the purchaser is represented by another motor vehicle or
other thing—means the amount that is equal to the sum of
the price paid, or that is to be paid, by the purchaser and
the value of the other vehicle or thing as ascribed to it for
the purposes of the sale by the parties or, if no agreed value
is so ascribed, the market value of the other vehicle or thing
at the time of the sale; or
(iii) if all of the consideration that passes or is to pass from the
purchaser is represented by another motor vehicle or other
thing—means the value of the other vehicle or thing as
ascribed to it for the purposes of the sale by the parties or,
if no agreed value is so ascribed, the market value of the
other vehicle or thing at the time of the sale.
charge means a charge that has not been dealt with by a court, but
does not include a charge that has been withdrawn or otherwise not
proceeded with.
commercial vehicle means a motor vehicle for use wholly or
principally for—
(a) the carriage of goods; or
(b) the carriage of more than 10 adult persons; or
(c) industrial or agricultural purposes;
and includes a motor vehicle, or a motor vehicle included in a class
of motor vehicles, prescribed for this definition but does not
include—
(d) a motor vehicle—
(i) of a kind known as a utility, station wagon or panel van that
is the same make as a factory-produced motor car; and
(ii) in which the front part of the body, and the mechanical
equipment of which, are the same, or substantially the
same, as in that motor vehicle;
(e) a motor vehicle that is adapted for camping use; or
(f) a four-wheel drive motor vehicle with at least 1 forward-facing
rear passenger seat (other than a motor vehicle of a kind known
as a dual cab or a crew-cab); or
(g) a motor vehicle, or a class of motor vehicles, prescribed not to
be a motor vehicle, or a class of motor vehicles, as the case may
be, for this definition.
commissioner means the commissioner for fair trading.
compensation fund means the motor vehicle dealers compensation
fund.
connected with an offence, for part 10A (Enforcement)—see
section 70.
corporate licensee means a corporation that holds a licence.
dealer—
(a) means a person who—
(i) buys, sells or exchanges motor vehicles as a business; or
(ii) sells more than 6 vehicles in any 12-month period; but
(b) does not include—
(i) a person whose business consists exclusively of buying
motor vehicles for the purpose of demolishing or
dismantling those vehicles; or
(ii) a wholesaler; or
(iii) a financier; or
(iv) a person who is exempted by the commissioner by written
notice.
Note A person must not carry on the activities of a dealer unless the person is
licensed as a motor vehicle dealer under the Traders (Licensing)
Act 2016.
dealings register, of a licensed dealer, means a dealings register
maintained by the dealer under section 15 (Licensees to maintain
dealings register).
demonstrator, in relation to a motor vehicle, means a vehicle—
(a) that has been sold only to a dealer or wholesaler; and
(b) that has been registered only in the name of any 1 of the
following persons:
(i) a dealer or wholesaler or any person on behalf of a dealer
or wholesaler;
(ii) a person in anticipation of the sale of the vehicle to that
person; and
(c) that has not been used for any purpose other than—
(i) a purpose in connection with its manufacture or sale; or
(ii) the purpose of demonstrating the motor vehicle, or another
vehicle of the same type, to a potential buyer of that
executive officer, of a corporation, means a person, by whatever
named called and whether or not the person is a director of the
corporation, who is concerned with, or takes part in, the corporation’s
management.
Examples
1 A director of the corporation
2 An employee of, or a person associated with, the corporation who is involved
in activities that involve policy and decision making, related to the business
affairs of the corporation, to the extent that the consequences of the formation
of the policies, or the making of the decisions, may have some significant
bearing on the financial standing of the corporation or the conduct of its affairs.
financier means a person who carries on the business of buying,
selling or exchanging motor vehicles only—
(a) for the purpose of hiring motor vehicles under hire-purchase
agreements; or
(b) for the purpose of selling motor vehicles on instalment terms; or
(c) for the purpose of taking or enforcing securities over motor
vehicles; or
(d) for the purpose of letting out on hire motor vehicles without
granting a right to purchase them; or
(e) for any purpose that may be prescribed; or
(f) for the purpose of disposing of motor vehicles acquired by him
or her in connection with any of the purposes referred to in, or
prescribed in relation to, this definition;
or for 2 or more of those purposes, but does not include—
(g) a person who, otherwise than by an agent who is a licensed
dealer, offers or displays motor vehicles for sale to the public,
other than for the purpose referred to in paragraph (f); or
(h) a person who holds himself or herself out as ready to purchase
motor vehicles from the public; or
(i) a person or a person included in a class of persons declared by
the regulations to be excluded from this definition.
hire-purchase agreement, in relation to a motor vehicle, means—
(a) a letting of the vehicle with an option to purchase the vehicle; or
(b) an agreement for the purchase of the vehicle by instalments
(whether described as rent or hire or otherwise), other than an
agreement under which the property in the vehicle passes at the
time of the agreement or on, or at any time before, delivery of
the vehicle.
individual licensee means an individual who holds a licence.
inspector means an inspector under section 5B.
licence means a licence under the Traders (Licensing) Act 2016.
licensed means licensed under the Traders (Licensing) Act 2016.
light rail vehicle—see the Road Transport (General) Act 1999,
dictionary.
manufacturer means a person who carries on the business of making
or assembling motor vehicles.
model designation means, in relation to a motor vehicle of a
particular model, the words, figures, letters or other symbols (if any)
applied by the manufacturer of that motor vehicle to describe or
identify a motor vehicle of that model.
motorcycle means a motor vehicle that has less than 4 wheels and is
steered by means of handlebars.
motor vehicle means any motor car, motorcycle, or other vehicle used
on land that is propelled wholly or partly by any volatile spirit, steam,
gas, oil or electricity, or by any means other than human or animal
power, whether or not that vehicle is in working condition or is
incomplete but does not include a light rail vehicle or any other
vehicle used on a railway or tramway or a vehicle included in a class
of vehicles that the Minister has, under section 92, declared not to be
a motor vehicle for this Act.
new motor vehicle means a motor vehicle other than a second-hand
motor vehicle.
occupier, of premises, for part 10A (Enforcement)—see section 70.
odometer means an instrument or device that measures and records
the distance travelled by a motor vehicle, but does not include an
instrument or device that is designed so as to permit, as part of its
normal functioning, manual alteration of the distance so recorded.
offence, for part 10A (Enforcement)—see section 70.
owner, in relation to a motor vehicle—
(a) includes a person—
(i) who is the sole owner, joint owner or part owner of the
motor vehicle; or
(ii) who has possession of the motor vehicle under a
hire-purchase agreement, or bill of sale or similar
instrument; or
(iii) who has possession of the motor vehicle under a contract
or hire; but
(b) does not include a person—
(i) mentioned in paragraph (a) (i) who does not have
possession of the motor vehicle; or
(ii) who is entitled under a contract of hire, hire-purchase
agreement, or bill or sale of similar instrument, to
possession of the motor vehicle but who does not have
possession of it.
premises includes a parcel of vacant land.
qualified accountant means—
(a) a member of the Institute of Chartered Accountants in Australia,
the Institute of Public Accountants or CPA Australia; or
(b) a person registered as a registered company auditor under the
Corporations Act.
reviewable decision, for part 8 (Notification and review of
decisions)—see section 50.
sell, in relation to a motor vehicle, means to sell as principal or agent.
trade owner means—
(a) a dealer; or
(b) a financier.
wholesaler means a person who carries on the business of buying
motor vehicles from any person and selling those vehicles to, or
exchanging those vehicles with, persons who are financiers or holders
of licences and only those persons.
Note A person must not carry on the activities of a wholesaler unless the person
is licensed as a motor vehicle dealer under the Traders (Licensing)
Act 2016.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
This Act was originally a Commonwealth ordinance—the Sale of Motor Vehicles
Ordinance 1977 A1977-29) (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989
(self-government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Sale of Motor Vehicles Act 1977 A1977-29
notified 4 July 1977
s 1, s 2 commenced 4 July 1977 (s 2 (1))
ss 3, 5, 6, 32, 76-78, 84, 85, 89, 90 and 92 commenced 18 July 1977
(Cwlth Gaz 1977 No S140)
ss 4, 7-14, 33-65, 72, 73, 75, 79 (2), 80, 86-88 and 91 commenced
2 September 1977 (Cwlth Gaz 1977 No S181)
ss 15-26, 31 and 81-83 commenced 4 October 1977 (Cwlth Gaz 1977
No S210)
ss 27 and 66-71 sub before commencement
ss 28-30 om before commencement
ss 74, 79 (1) commenced 24 April 1978 (Cwlth Gaz 1978 No S70)
as amended by
Ordinances Revision Ordinance 1978 Ord1978-46 sch 2
notified 28 December 1978
commenced 28 December 1978
Sale of Motor Vehicles (Amendment) Ordinance 1980 Ord1980-39
notified 17 October 1980
commenced 17 October 1980
Ordinances Revision (Companies Amendments) Ordinance 1982
Ord1982-38 sch 4
notified 30 June 1982
commenced 1 July 1982 (s 2)
Sale of Motor Vehicles (Amendment) Ordinance 1983 Ord1983-16
notified 19 August 1983
commenced 19 August 1983
Sale of Motor Vehicles (Amendment) Ordinance (No 2) 1983
Ord1983-38
notified 29 September 1983
commenced 1 October 1983 (s 2)
Magistrates Court Ordinance 1985 Ord1985-67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Sale of Motor Vehicles (Amendment) Ordinance 1985 Ord1985-70
notified 19 December 1985
commenced 19 December 1985
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Legislation after becoming Territory enactment
Acts Revision (Position of Crown) Act 1993 A1993-44 sch 1
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2 and see Gaz 1993 No S165)
Administrative Appeals (Consequential Amendments) Act 1994
A1994-60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch
pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994
No S293)
Annual Reports (Government Agencies) (Consequential Provisions)
Act 1995 A1995-25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Statute Law Revision Act 1995 A1995-46 sch
notified 18 December 1995 (Gaz 1995 No S306)
commenced 18 December 1995 (s 2)
Sale of Motor Vehicles (Amendment) Act 1995 A1995-48
notified 18 December 1995 (Gaz 1995 No S306)
ss 1-23, 24 (1), 25-68 commenced 18 December 1995 (s 2 (1))
s 24 (2) commenced 1 November 1996 (s 2 (2))
Financial Institutions (Removal of Discrimination) Act 1997 A1997-88
sch
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96
sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Road Transport Legislation Amendment Act 1999 A1999-79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
sch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)
Sale of Motor Vehicles Amendment Act 2001 A2001-13
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
s 3, s 4 and s 6 commenced 5 April 2001 (s 2 (2))
s 5 commenced 5 October 2001 (s 2 (1) and LA s 79)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 355
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
amdt 1.3842, amdt 1.3845, amdt 1.3850, amdts 1.3863-1.3866
commenced 14 March 2002 (amdt 1.3842, amdt 1.3845, amdt 1.3850,
amdts 1.3863-1.3866)
pt 355 remainder commenced 12 September 2001 (s 2 and see Gaz
Schedule Sch 2 - Sale of Motor Vehicles Act 1977 - Reviewable decisions | Zoe