Second-hand Vehicle Dealers Act 1995

Licensing as a gating mechanism. The Act makes carrying on business as a second‑hand vehicle dealer conditional on holding a licence (s 7). Licensing includes statutory entitlement criteria for natural persons and bodies corporate (s 9), application formality and fees (s 8), annual fees and returns (s 11), and insurance obligations as prescribed by regulation (s 12). Incorporated dealers must ensure that their business is properly managed and supervised by a natural person who is a licensed dealer (s 13). Salespersons are subject to personal eligibility requirements (s 13A).

Disclosure and standardised transactions. Dealers must attach prescribed notices to vehicles exposed for sale and provide those notices to purchasers before possession is taken (ss 16, 18, 20, 21). Contracts for sale by dealers must be written, single‑document and signed, and must present specified particulars (s 17). The Act prescribes content such as dealer name and address, vehicle identification, price and breakdown of fees, registration/engine numbers, odometer reading at acquisition and certain statements about odometer accuracy (s 16(3), s 17(1)(d)). The Act voids purported exclusions or waivers of rights unless expressly authorised (s 33(1)), while allowing prospective purchasers over 18 to waive specified rights in accordance with regulations (s 33(2)).

Cooling-off. A discrete cooling-off regime applies to contracts for sale to natural persons (subject to exclusions by regulation) where purchasers may rescind by written notice within the cooling-off period defined as the day of contract plus two clear business days (s 3 definition; ss 18A-18B). The Act caps deposits prior to cooling-off expiry at 10% of contract price (s 18B(5)); on rescission the dealer must refund amounts paid less 2% of contract price or $100, whichever is less, within the next clear business day (s 18B(7)). Legal title may be retained by the dealer during cooling-off unless an approved-form agreement provides otherwise (s 18C).

Duty to repair and thresholds. Part 4 creates a dealer’s duty to repair defects that are present at sale or that appear after sale, subject to several exclusions and temporal/distance thresholds tied to the sale price (s 23). The duty requires repairs to conform to accepted trade standards (s 23(2)). Exemptions include sales to dealers, auctions in certain circumstances, motorcycles, defects caused deliberately or materially by the purchaser after sale, cosmetic issues apparent at sale, vehicles sold after prior possession, and specified mileage/age/price thresholds (ss 23(3)-(7)). The Act enables the purchaser to request delivery for repair, requires dealers to accept delivery or face Commissioner conference and possible Magistrates Court orders for repair, reimbursement or compensation (s 24).

Odometer integrity. The Act prohibits interference with odometers (s 34), imposes stiff penalties for repeat offences including imprisonment risk, and creates a specific offence for knowing false or misleading statements about odometer accuracy (s 34A). The Commissioner may direct an owner to rectify the odometer and to refrain from selling the vehicle until rectification (s 34B), with review rights to the Tribunal and potential cost recovery by the Commissioner (s 34B(4), (10)).

Compensation Fund. Schedule 3 continues the Second‑hand Vehicles Compensation Fund, provides the Commissioner with claim and adjudication powers (Sch 3 cl 2), authorises licensed‑dealer contributions (Sch 3 cl 4), establishes subrogation rights for the Commissioner where the Fund pays out (Sch 3 cl 5), and allows the Minister to draw on Consolidated Account if the Fund is insufficient (Sch 3 cl 3). The Schedule may be set to expire by regulation (Sch 3 cl 7).

Regulatory and administrative discretion. The Commissioner has broad administrative authority: licensing determinations and conditions (Part 2), urgent suspension or conditions where significant harm or loss is likely (s 14A), cancellation/suspension where entitlement would not be met (s 14B), convening conferences (s 24(3)), and being a party to Tribunal proceedings (s 40). The Minister may grant exemptions (s 38) and approve agreements between the Commissioner and professional organisations to assist administration (s 37), subject to limits (s 37(3)). Regulations may set insurance, fees, codes of conduct, waiver processes and other procedural details (s 53).

Enforcement channels. The Act mixes administrative, civil and criminal enforcement. Criminal offences with monetary penalties and imprisonment appear across licensing breaches, false statements, odometer interference and contraventions of Tribunal orders (e.g. ss 7, 16, 17, 34, 47, 32). Civil enforcement and remedial orders for repair, reimbursement and compensation can be sought in the Magistrates Court after Commissioner conference or where conference is not appropriate (s 24). The Tribunal hears disciplinary complaints and may impose fines and licence sanctions (Part 5, ss 28-31). Prosecutions are limited to the Commissioner, authorised officers, or those with Ministerial consent (s 49(2)).

Evidence and presumptions. The Act creates evidential presumptions that ease proof of dealer status (s 50(1)) and allows certified Commissioner documents to prove licensing or premises status (s 50(2)). Corporations face directors’ liability regimes for offences committed by the corporate dealer (s 47).

Interlocking legal references. The Act expressly incorporates standards from the Motor Vehicles Act 1959 (registration), the Heavy Vehicle National Law (South Australia), and the National Consumer Credit Protection Act for credit provider definitions (s 3 and s 23(10)). Regulations may further prescribe classes exempted or amounts for thresholds defined in the Act (s 53).

Dealers and potential dealers. The primary regulated group is any person who carries on the business of buying or selling second‑hand motor vehicles, defined as a dealer (s 3). Operating as a dealer without a licence is an offence (s 7). Bodies corporate seeking to act as dealers must satisfy corporate‑level entitlement criteria that include fitness of each director (s 9(2)(c)). Incorporated dealers must be managed and supervised by a natural person who is a licensed dealer (s 13), creating a compliance obligation for corporate governance and managerial structure.

Salespersons and employees. The Act directly regulates salespersons: dealers may not employ a salesperson who fails the honesty and suspension/disqualification tests (s 13A(1)); a person must not act as a salesperson unless they meet the same eligibility tests (s 13A(2)). The Act defines salesperson roles and makes those persons subject to disciplinary provisions (s 26). Directors and senior managers of corporate dealers are potentially liable for corporate breaches under s 47.

Purchasers and consumers. Natural persons who purchase second‑hand vehicles from dealers are beneficiaries of statutory consumer protections: mandatory notice and contract content (ss 16-18, 20-21), cooling-off rights for eligible contracts to which s 18B applies (ss 18B-18E), and the right to require repairs or seek Court orders if repairs are not carried out (s 24). Consumers are also beneficiaries of the Second‑hand Vehicles Compensation Fund where they have unsatisfied valid claims arising from transactions with dealers (Sch 3 cl 2).

Former owners and consignors. Persons who sell vehicles to dealers or leave vehicles with dealers to be offered for sale may make claims against the Compensation Fund for unsatisfied claims arising from the transaction (Sch 3 cl 2(1)(c)-(d)). The Act requires disclosure of the last non‑dealer owner’s name and address on request (s 16(3)(d), s 20(2)(c)).

Financial intermediaries and credit providers. Sales to credit providers are dealt with: where a dealer sells to a credit provider on the understanding that the vehicle will be sold or let to a third person and that occurs, the Act applies as if the dealer had sold the vehicle to the third person (s 4(1)). The Act excludes specified sections for such sales (s 4(2)), and the definition of credit provider follows the National Consumer Credit Protection Act (s 3).

Auctioneers and auctions. Auctioneers are treated differently depending on whether auctions are trade auctions (bids accepted from dealers only) or general auctions. For non‑trade auctions, auctioneers must attach prescribed notices to each vehicle and provide purchasers with the notice before possession (ss 19-21). Trade auctions have separate notice requirements (s 22). Auctioneers acting purely as agents may change which obligations apply (s 20(2)(ii)-(iii); Sch 3 cl 2(3)(b)).

Regulatory actors. The Commissioner for Consumer Affairs is the act’s administrative hub (s 6). The Commissioner sets licence forms, decides entitlement questions, can suspend or cancel licences in urgent or non‑urgent circumstances (ss 14A, 14B), convene conferences (s 24), and administer the Compensation Fund (Sch 3 cl 1). The Minister has reserve powers to direct the Commissioner and to grant exemptions (ss 6, 38), and to approve agreements under s 37. The Tribunal hears licensing reviews and disciplinary complaints (ss 10, 28-31). Magistrates Court enforces repair orders and adjudicates appeals from the Commissioner against determinations under the Fund (s 24; Sch 3 cl 2(10)).

Third parties and service providers. Repairers who perform repairs may be engaged by purchasers under s 24(9) where repair by the dealer is impractical. Assessors (expert panel members) may sit with the Magistrates Court for Part 4 proceedings and with the Tribunal for disciplinary matters (s 25; s 30; Schedule 1). Professional organisations may be contracted to help administer the Act subject to ministerial approval and limits on delegation (s 37).

Creditors, insurers and investors. Dealers must maintain insurance as required by regulation (s 12). Licensed dealers also fund the Compensation Fund through contributions prescribed by regulation (Sch 3 cl 4). Directors and officers of corporations may face liability for acts or omissions of the corporate dealer (s 47), which is relevant to insurers and creditors assessing corporate risk.

Who bears costs. Economic costs fall primarily on dealers: licensing fees, insurance, compliance costs for notices and contract forms, possible contributions to the Compensation Fund (Sch 3 cl 4), repair costs for duty-to-repair obligations (s 23), restitution to purchasers (s 24), fines and criminal penalties for breaches (multiple sections). The Commissioner and Tribunal allocate liability through administrative and adjudicative decisions.

Excluded parties. The Crown is excluded from the licensing requirement (s 7(2)(c)). Auctioneers selling on behalf of others by auction or in immediate post-auction negotiated sales and not otherwise carrying on buying/selling are also carved out of the licence requirement (s 7(2)(b)). There are regulatory and ministerial powers to exempt classes or persons from specified provisions (s 53(2)(e); s 38).

Dealers’ principal duties. Licensing and eligibility: a person must hold a licence to carry on business as a dealer (s 7). Dealers must comply with licence application and renewal processes (ss 8, 11), be insured as prescribed (s 12), and ensure incorporated dealers are properly managed by a licensed natural person (s 13). Dealers must notify the Commissioner of business premises before commencing business at them (s 14) and meet salesperson eligibility rules when employing or permitting persons to act as salespersons (s 13A).

Disclosure and transactional duties. Dealers must attach prescribed notices to every vehicle offered for sale containing particulars such as dealer identity, who bears repair liability, price (cash), year of manufacture and first registration, engine or registration number, odometer reading at acquisition, and other prescribed particulars (s 16(1)-(3)). Dealers must provide copies of the notice and a prescribed form notice to purchasers before possession (s 18). Dealers must use the written single‑document contract form containing specified particulars and must provide copies to purchasers under the time rules in s 17(4)-(6). Dealers must not include references to odometer readings in advertisements unless the vehicle has a notice attached that the odometer reading may be regarded as reasonably accurate (s 16(6)).

Duty to repair and standards. On sale by a dealer, the dealer is under a duty to repair defects present at sale or appearing after sale, and must carry out repairs to accepted trade standards (s 23(1)-(2)). The duty excludes certain transactions (sales to dealers, some auctions, motorcycles) and defects or vehicles meeting age/mileage/price thresholds unless the defect makes the vehicle unsafe or non‑compliant with statutory roadworthiness standards (ss 23(3)-(7)). Where a defect is covered and the purchaser requires repair, the purchaser must deliver the vehicle to the dealer at an agreed place or business premises and give a reasonable opportunity for repair (s 24(1)). If the dealer refuses or fails to repair expeditiously, the purchaser may seek a Commissioner‑convened conference and, if unresolved, the Magistrates Court may order repairs, reimbursement, compensation or enforcement of conference agreements (s 24(2)-(5), (7)).

Cooling-off rights and title. Where s 18B applies, purchasers may rescind a contract by giving written notice during the cooling-off period (s 18B(2)). The Act limits dealers from demanding or requiring payments prior to cooling-off expiry except permissible deposits (up to 10%; s 18B(5)). On rescission, dealers must refund amounts paid less the lesser of 2% of contract price or $100 (s 18B(7)). Unless the dealer and purchaser agree in the approved form, legal title remains with the dealer during the cooling-off period and the dealer may retain possession (s 18C). Trade‑in vehicles are similarly treated: the purchaser retains possession during cooling-off and title to the trade‑in vehicle does not pass until expiry of the cooling‑off period (s 18D).

Odometer integrity obligations. Interfering with an odometer is an offence (s 34(1)) and includes altering readings or removing/replacing odometers (s 34(2)). The Act sets out presumptions of interference where the odometer reading decreases during possession and provides defences based on lack of intent to fraudulently enhance value or other fraudulent purposes (s 34(4)-(5)). Knowingly providing false or misleading information about odometer accuracy is a separate offence with a maximum penalty including imprisonment (s 34A). The Commissioner may direct rectification and temporary or conditional bans on sale where the odometer is believed to have been interfered with or is substantially inaccurate (s 34B).

Contractual non-waiver and waiver process. The Act makes most purported exclusion, limitation or waiver of rights conferred by the Act void (s 33(1)). It allows a prospective purchaser aged 18 or older to waive certain rights in accordance with regulations (s 33(2)). A prescribed form and witness requirements apply for waiving the cooling-off right under s 18B (s 33(2a)). Dealers must not induce waiver or condition sales on waiver (s 33(5)-(5a)), and offending dealers may be fined and subject to compensation orders (s 33(3), (5b)).

Discipline and sanctions. The Tribunal may take disciplinary action where proper cause exists (s 27) and has an array of remedies: reprimand, fines up to $100,000, licence conditions, suspension, cancellation, disqualification, prohibitions on employment or directorship and other conduct conditions (s 31). Contravention of Tribunal orders attracts separate criminal penalties (s 32).

Compensation Fund and subrogation. Eligible persons may claim from the Compensation Fund for unsatisfied claims arising out of transactions with dealers who were licensed or reasonably believed to be (Sch 3 cl 2(1), (3)(a)). Where the Commissioner pays out of the Fund the Commissioner is subrogated to the claimant’s rights to pursue recovery (Sch 3 cl 5).

Administrative rights and review. Applicants refused a licence may seek review to the Tribunal within a month of decision (s 10). Licence-holders affected by urgent suspension or the imposition of conditions may apply to the Tribunal for review (s 14A(4)-(7)). A person directed by the Commissioner under the odometer powers may apply to the Tribunal for review; s 34B(4) provides for a stay of rectification directions pending review for odometer rectification directions (s 34B(4)). The Commissioner must give reasons on request (s 10(3); s 14A(6)-(7); s 14B(6)-(7); s 34B(6)).

Limits on prosecution and evidential presumptions. Only the Commissioner, authorised officers under the Fair Trading Act 1987, or persons with Ministerial consent may commence prosecutions under the Act (s 49(2)). The Act includes legal presumptions that facilitate proof that a person was dealing as a dealer based on transaction volume within 12 months and that transfers of registration imply sale and purchase (s 50(1)).

Range and allocation of penalties. The Act imposes a mixture of fines, expiation fees and, for some repeat or serious offences, imprisonment. Operating as a dealer without a licence attracts substantial maximum penalties: for individuals $150,000 for a first or second offence, $250,000 or two years imprisonment or both for a third or subsequent offence, and for a body corporate $500,000 (s 7(1)). Failure to attach required notices, failure to provide contract copies, and other disclosure and form breaches attract maximum penalties of $5,000 with prescribed expiation fees for specified offences (e.g. s 16 maximum penalty $5,000, expiation fee $315). Odometer interference carries steep penalties, with repeat offences attracting potential imprisonment (s 34(1)). False or misleading statements about odometer accuracy carry a maximum penalty of $30,000 or two years imprisonment under s 34A.

Tribunal disciplinary sanctions. The Tribunal may impose administrative and pecuniary sanctions after hearing a complaint on the balance of probabilities: reprimands, fines up to $100,000, licence conditions, suspension or cancellation of licences, disqualification from being licensed, prohibition from employment in the dealer business, and prohibitions on being a director or holding an interest in a dealer body corporate (s 31(1)(a)-(g)). The Tribunal may apply time limits, conditions and future-effect terms (s 31(2)). Contravention of Tribunal-imposed conditions or prohibitions is a criminal offence with maximum penalties up to $175,000 or one year imprisonment (s 32(1)-(2)).

Magistrates Court enforcement. The Magistrates Court has power to make orders enforcing the duty to repair where a dealer refuses or fails to repair expeditiously or fails to enforce a conference agreement (s 24(5)). The Court may order that the dealer repair or cause the repair of the defect (or that another person do so at the dealer’s expense), order reimbursement of reasonable repair costs (s 24(5)(c)-(d)), award compensation for loss or damage suffered (s 24(5)(e)), and enforce conference agreements (s 24(5)(f)). If a dealer fails to comply with a Court order, the purchaser may seek further orders for compensation or costs (s 24(7)).

Criminal prosecutions and limitations. Prosecutions must be commenced by the Commissioner, an authorised officer under the Fair Trading Act 1987, or a person with Ministerial consent (s 49(2)). The Act prescribes time limits for commencing proceedings: expiable offences within Summary Procedure Act time limits; other offences within two years of the alleged commission or, with Ministerial authorisation, up to five years (s 49(1)). The Act provides a general defence of lack of intent and reasonable care for many offences (s 45(1)), with limits for certain sections (s 45(2) excludes s 47 offences).

Continuing offences and daily penalties. For offences consisting of continuing acts or omissions, a convicted person faces additional penalties for each day the offence continues of up to one‑tenth of the maximum penalty for the principal offence (s 48(1)(a)). If the act continues after conviction, there is potential repeat offence liability and further daily penalties (s 48(1)(b)). An omission to do something required is treated as continuing while the required act remains undone (s 48(2)).

Director liability and corporate offences. Where a body corporate commits a prescribed offence under the Act, each director is guilty of the offence and liable to the same penalty unless the director proves due diligence to prevent it (s 47(1)). For other offences by bodies corporate, directors may be held criminally liable where the prosecution proves knowledge or reasonable foresight of significant risk, capacity to influence, and failure to exercise due diligence (s 47(2)), with certain section exclusions (s 47(3)).

Administrative remedies and compensation. The Commissioner administers the Compensation Fund under Sch 3; when the Commissioner authorises payment from the Fund, the Commissioner is subrogated to the claimant’s rights and may recover amounts (Sch 3 cl 5). The Magistrates Court may order a dealer to reimburse a purchaser who pays for repairs carried out by others where the dealer had a repair duty (s 24(8)). The court may also order compensation for advantage lost because of odometer interference where a conviction for that offence has been entered (s 34(6)).

Evidential presumptions and procedural facilitation. The Act facilitates enforcement with evidential presumptions that a person who buys or sells at least four second‑hand vehicles within 12 months is a dealer (s 50(1)(a)), and that transfers of registration are sales (s 50(1)(c)), aiding regulators and prosecutors in proving dealer status. Certificates from the Commissioner certifying licence status or notified premises status are accepted as proof in the absence of contrary evidence (s 50(2)). The Commissioner may require statutory declarations verifying information (s 43).

Enforcement actors and limits. The Commissioner is the central enforcement actor: licensing, urgent suspensions (s 14A), cancellations and conditions (s 14B), conferences for repair enforcement (s 24), administration of the Compensation Fund (Sch 3). The Commissioner may delegate functions to public servants or specified organisations under defined limits (ss 36-37), but cannot delegate functions under Part 2 or the power to commence prosecutions (s 37(3)). Prosecutions are restricted to the Commissioner, authorised officers, or those with Ministerial consent (s 49(2)).

Integration with vehicle and heavy vehicle laws. The Act cross-references vehicle registration and roadworthiness regimes. “Registered” is defined by reference to registration under the Motor Vehicles Act 1959 or corresponding laws (s 3). The definition of “defect” for the duty to repair includes failure to comply with the Road Traffic Act 1961, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia) (s 23(10)), linking repair obligations to statutory compliance standards under those laws.

Consumer credit and credit provider connections. The Act adopts the definition of credit provider from the National Consumer Credit Protection Act via the National Credit Code (s 3). Section 4 treats sales to credit providers on particular understandings as if sold to the third person, preserving consumer protections in those indirect sales. Section 18B deals with connected credit contracts: if a purchase contract is rescinded, any associated credit contract is void and associated security discharged, and a credit contract entered in connection with an uncancelled purchase does not take effect until the purchaser has waived cooling-off or the cooling-off period has expired (s 18B(9)).

Fair Trading Act authorised officers and restraints. The Act defines authorised officer by reference to the Fair Trading Act 1987 (s 3), and authorised officers under that Act may initiate prosecutions under the Second‑hand Vehicle Dealers Act 1995 (s 49(2)(b)). The Commissioner may accept assurances under the Fair Trading Act and take disciplinary action for acts contrary to those assurances (s 27(1)(b)).

Administrative law and Tribunal jurisdiction. Rights of review and disciplinary jurisdiction have been allocated to the Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 (s 3 defines Tribunal). The Act provides review rights to the Tribunal for licence refusal decisions (s 10), for decisions to suspend or impose conditions in urgent or non‑urgent circumstances (ss 14A(4), 14B(4)), and for odometer rectification directions with stay in some cases (s 34B(4)). The Tribunal’s procedures and power to appoint assessors are engaged (ss 29-31; s 30; Schedule 1).

Criminal procedure and Magistrates Court. The Magistrates Court (Civil Consumer and Business Division), where specified remedies are available, is the forum for repair enforcement under Part 4 and for appeals under the Compensation Fund (s 24; Sch 3 cl 2(10)). Rules of Court under the Magistrates Court Act 1991 may regulate procedures for compensation orders in odometer conviction cases (s 34(7)).

Corporations and directors’ duties. The Act overlays corporate governance with regulatory liability: a body corporate may be licensed, but each director must be a fit and proper person (s 9(2)(c)); directors may be criminally liable for corporate offences under s 47 where they knew, ought to have known, could influence and failed to exercise due diligence. Insolvency regimes interact: an applicant must not be an insolvent under administration (s 9(1)(d)) and corporate entitlements are tested against winding up and official management statuses (s 9(2)(b)).

Other consumer law instruments. The Act expressly preserves other civil remedies and does not derogate from other Acts (s 5). It references the Australian Consumer Law and the Fair Trading Act in s 34B(15) as not being limited by the odometer-direction powers. Regulations under s 53 may provide for a code of conduct, require compliance certificates (s 53(2)(a)-(b)), and may operate by reference to external codes.

Compensation Fund and public finance. Schedule 3 contemplates payments from the Consolidated Account if the Fund is insufficient, with Ministerial and Treasurer approvals (Sch 3 cl 3(3)). The Fund is audited by the Auditor-General (Sch 3 cl 6(2)). The Schedule may be set to expire by regulation (Sch 3 cl 7), and transitional provisions address application of the Fund at the end of claims (Sch 4 cl 6).

Delegation, contracting and ministerial oversight. The Commissioner may delegate many functions to public servants or, subject to ministerial approval and limits, to organisations representing affected persons (ss 36-37). The Minister must be provided with copies of agreements with professional organisations within specified sittings (s 37(5)). The Minister may grant exemptions from specified provisions (s 38), an administrative power that overlays the operation of the Act.

Evidentiary and procedural cross-references. The Act enables certified Commissioner documents to be accepted as proof in other proceedings (s 50(2)). It also embeds the Fair Trading Act’s authorised officers and references to the National Credit Code, the Heavy Vehicle National Law and motor vehicle registration laws, aligning regulatory enforcement across relevant statutory regimes.

The Act contains a comprehensive legislative history within the provided text. The Second‑hand Vehicle Dealers Act 1995 (No 9 of 1995) commenced in stages in 1995 (Sch 5,30.6.1995; remainder 30.11.1995) and has been amended repeatedly. Major amendment milestones recorded in the source include:

• 1996-2001: early statutory amendments and procedural changes including the Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 and amendments affecting offences and expiation (entries for 1996 and 1997), and the Statutes Amendment (Attorney‑General's Portfolio) Act 1996 (No 67) and Statutes Amendment (Consumer Affairs) Act 1998 (No 21 and No 22), which adjusted various penalty and administration provisions (legislative history listing entries for 1996-1998).

• 1997-1999: creation and modification of the Compensation Fund provisions through the Second‑hand Vehicle Dealers (Compensation Fund) Amendment Acts 1997 and 1999 (entries for 1997, 1999).

• 2000-2001: interface with District Court and administrative divisions via the District Court (Administrative and Disciplinary Division) Amendment Act 2000 and Statutes Amendment (Consumer Affairs) Act 2001 with adjustments to definitions and the treatment of credit contracts (2000, 2001 entries).

• 2009-2010: introduction of the statutory cooling‑off rights with the Second‑hand Vehicle Dealers (Cooling‑off Rights) Amendment Act 2009 (No 62) with staged commencements (26.11.2009; various commencement dates). That amendment inserted the cooling‑off definitions, subdivision and related contract rules (ss 18A-18E).

• 2013-2014: amendments tying defect definitions to the Heavy Vehicle National Law (South Australia) and other modifications through the Statutes Amendment (Heavy Vehicle National Law) Act 2013 and the Statutes Amendment (Occupational Licensing) Act 2013 (2013 entries).

• 2017: the Statutes Amendment and Repeal (Simplify) Act 2017 affected registered premises and notification mechanics (1.7.2017).

• 2019-2020: amendments transitioning jurisdiction to the South Australian Civil and Administrative Tribunal (SACAT) are recorded in the Statutes Amendment (SACAT) Act 2019, affecting review rights and Tribunal jurisdiction (2019 entry; Pt 25 transitional provisions in the source).

• 2023-2025: administrative updates and more recent amendments include changes under the Public Holidays Act 2023 (affecting the definition of business day from 1.1.2024) and the Second‑hand Vehicle Dealers (Miscellaneous) Amendment Act 2024 (No 16) with staged commencement: most of the Act commencing 1.7.2025 and certain sections commencing 1.9.2025 (2023 and 2024 entries). The 2024 amendment inserted new odometer provisions (ss 34A-34B inserted by 16/2024 s 13 commencing 1.7.2025) and other modifications including s 3(2) insertion concerning electric vehicle battery replacement references (16/2024 s 3(2) commencing 1.9.2025), and added s 23A (no duty to repair where defect disclosed prior to sale) commencing 1.9.2025.

Schedules and transitional provisions. Schedule 3 (Second‑hand Vehicles Compensation Fund) has been amended multiple times (1997-2017 entries) and contains a clause (cl 7) providing for expiry of the Schedule by regulation. Schedule 4 contains repeal and transitional provisions preserving existing licences and duties to repair under the repealed Second‑hand Motor Vehicles Act 1983 (Sch 4 cll 2-6). The legislative history lists multiple reprints and dates where parts of the Act were consolidated or modified.

Amendment mechanics and regulatory flexibility. The Act delegates significant detail to regulation (s 53). The regulations have been used historically to adjust practical thresholds (prescribed amount, prescribed range), expiation fees, and to create or modify classes of exemption (s 53(2), s 23(7) references to prescribed amounts/ranges). The legislative history shows iterative regulatory and statutory change over three decades, including substantive consumer protection additions (cooling‑off, odometer offences) and administrative jurisdictional changes.

Transitional timing. The 2024 Miscellaneous Amendment Act contains transitional provisions that apply certain amendments (e.g. s 23 amendments) to sales occurring before or after commencement (Second‑hand Vehicle Dealers (Miscellaneous) Amendment Act 2024, Sch 1,Transitional provision cl 1). The source gives precise commencement dates for various amendments and indicates that some later amendments have staggered commencement dates (notably 1.7.2025 and 1.9.2025 for 2024 Act items).

Ministerial and Commissioner implementation. Several amendments provide or modify delegations, ministerial exemption powers and Commissioner procedural rules (e.g. s 36-38, s 37(5) requiring Minister to table agreements), so later policy directions are often implemented administratively through the Commissioner and regulations rather than by primary legislation changes.

The source provided does not list judicial decisions or case law under the Act. The legislative text and the accompanying legislative history include procedural transitions from the District Court administrative and disciplinary jurisdiction to Tribunal jurisdiction (Statutes Amendment (SACAT) Act 2019 and transitional provisions), but no cases are named in the material supplied. Where the Act creates review rights and court remedies (e.g. licence review to the Tribunal under s 10, Magistrates Court powers under s 24, and Tribunal disciplinary jurisdiction under Part 5), the source describes the procedures and powers but does not reference any reported judicial determinations applying or interpreting the provisions.

Given the absence of case law in the text supplied, practitioners should treat the statutory provisions and their amendment and transitional history as the operative primary‑law source in this briefing. For authoritative judicial interpretation or precedent references, consult South Australian court and Tribunal databases and legal reporting services for decisions applying ss 23-24 (duty to repair), ss 16-18 and 20-21 (notice/contract/cooling‑off) and the odometer provisions under ss 34-34B, particularly following the 2024 amendments which inserted new odometer powers and offences.

Prescribed forms, notices and timing are mandatory. The Act prescribes detailed content for the notice attached to each vehicle (s 16(3)) and specific contract particulars (s 17(1)(d)), with criminal penalties for non‑compliance (s 16(1), s 17(3)). The dealer must provide copies of the attached notice and a prescribed-form notice to the purchaser before possession is taken (s 18). Failure to supply documents on the timetable required by s 17(4)-(6) carries maximum penalties. Practical risk: relying on generic or non-prescribed forms, failing to provide immediate copies when signing in each other’s presence (s 17(5)), or delaying delivery of contract copies beyond seven days where signing occurs away from the purchaser (s 17(6)) creates offence exposure.

Cooling‑off intricacies. The cooling-off period is defined as the day of contract plus two clear business days (s 3 definition; ss 18A-18B). Counting “two clear business days” and correctly treating public holidays and weekends matters; a miscalculation may lead a dealer to wrongly accept payments or assume title has passed. The Act caps pre‑expiry deposits a dealer may demand to 10% of contract price (s 18B(5)). On rescission, the dealer must refund all amounts except the lesser of 2% of the contract price or $100 within the next clear business day after receiving rescission notice (s 18B(7)). Practical risk areas: retaining larger deposits, delayed refunds, not observing permitted methods of refund (s 18B(8) sets out methods), or failing to ensure legal title remains with the dealer if no approved‑form agreement exists (s 18C).

Odometer and advertisement traps. Dealers and auctioneers cannot reference odometer readings in advertisements unless a notice is attached to the vehicle and that notice contains a statement that the odometer reading may be regarded as reasonably accurate (s 16(6); s 20(5)). There is a separate, serious criminal offence for making a statement that is false or misleading about odometer accuracy (s 34A). The Act creates a presumption of odometer interference if odometer reading is lower than when the defendant acquired possession (s 34(4)), placing the evidential burden on defendants to rebut. The Commissioner also has coercive powers to direct odometer rectification and prohibit sale pending correction (s 34B), and can recover costs where rectification is undertaken at public expense (s 34B(10)).

Duty to repair thresholds and exclusions. The duty to repair in s 23 is not absolute. There are price bands and mileage/time thresholds: defects are excluded after 3,000 km or two months for vehicles sold within the prescribed range, and after 5,000 km or three months for vehicles sold above the prescribed range (s 23(4)). There are further exclusions for vehicles sold below a prescribed amount, vehicles older than 15 years since first registration or with more than 200,000 km, tyre defects, and certain battery defects (s 23(7)). However, the duty still applies where a defect is present at possession and makes the vehicle unsafe or non‑compliant (s 23(7)(c)). Practical consequence: dealers and purchasers must classify vehicles correctly by price band, age and mileage, and maintain accurate acquisition odometer readings (s 16(3)(l)) to determine repair liability.

No indemnities from sellers to dealers. Agreements indemnifying a dealer for costs arising under this Act are void (s 35). Practical effect: dealers cannot shift statutory repair or other Act‑derived liabilities onto the original non‑dealer seller by contractual indemnity; costs will fall on the dealer or may be met via the Compensation Fund under limited circumstances (Sch 3).

Compensation Fund limitations and contribution obligations. The Fund applies only to claims where the dealer was licensed or claimant reasonably believed the dealer to be licensed at the time of the transaction (Sch 3 cl 2(3)(a)) and excludes auction sales in certain circumstances (Sch 3 cl 2(3)(b)). Licensed dealers are required to contribute as prescribed by regulation and may face licence suspension for non‑payment (Sch 3 cl 4). Practical issues: potential insufficiency of Fund reserves, Ministerial draws upon Consolidated Account (Sch 3 cl 3), and the Schedule’s possible expiry by regulation (Sch 3 cl 7).

Director liability exposures. Directors of dealer body corporates can be criminally liable for corporate offences unless they prove due diligence to prevent the offence (s 47(1)). For other offences, the prosecution must show knowledge or reasonable foreseeability of significant risk, capacity to influence and failure to exercise due diligence (s 47(2)). Directors should therefore ensure compliance systems, fit‑and‑proper director vetting (s 9(2)(c)) and oversight consistent with s 13 (management by licensed natural person where incorporated).

Commissioner discretion and administrative uncertainty. The Act vests broad discretion with the Commissioner , licensing decisions (s 8), urgent suspension where significant harm is likely (s 14A), cancellation/suspension where entitlement no longer exists (s 14B), and determinations on Compensation Fund claims (Sch 3 cl 2(9)). Ministerial exemption power (s 38) can alter individual obligations. Practical consequence: regulatory risk is determined both by statutory criteria and administrative discretion; licence applicants and holders should document compliance and be prepared to use Tribunal review rights within tight timeframes (typically one month; ss 10(2), 14A(5), 14B(5), s 34B(5)).

Prosecution bottlenecks and discretionary enforcement. Prosecutions can only be commenced by the Commissioner, authorised officers, or with Ministerial consent (s 49(2)), concentrating prosecutorial authority. This can create an enforcement bottleneck or selective enforcement. Evidence presumptions (s 50(1)) can simplify proving dealer status, but enforcement action remains tightly controlled by who brings the prosecution.

Overlap and ambiguity in cross‑references. The Act references other statutes and regulations (Motor Vehicles Act 1959, Heavy Vehicle National Law, National Credit Code, Fair Trading Act 1987). Practitioners must ensure consistent application of those laws; ambiguity arises where the Act refers to “Section 171” in s 4(2) without context in the supplied text. The legislative history shows repeated amendments; changes can have staggered commencements necessitating careful attention to dates and transitional provisions (Sch 4).

Record‑keeping and statutory declarations. The Commissioner can require statutory-declaration verification of information (s 43). False or misleading information in records provided under the Act is penalised (s 41), and there are strict service and notification rules (s 51). Administrative non‑conformity can result in licence cancellation (s 11(3)-(5)).

Licensing and organisational steps. Before operating as a dealer, obtain a licence from the Commissioner in the approved manner and pay the fee fixed by regulation (ss 7-8). Ensure that application materials include evidence of identity, age and address and any other information requested (s 8(2)). For incorporated dealers, appoint a natural person who is a licensed dealer to properly manage and supervise the business (s 13). Confirm that directors meet the fit‑and‑proper criteria and are not disqualified, insolvent under administration or have relevant convictions as set out in s 9. Maintain currency of licence: pay annual fees and lodge returns by the date fixed by regulation (s 11(2)); failure after notice may lead to cancellation (s 11(3)-(5)).

Insurance and financial preparedness. Maintain insurance as required by regulation at all times while carrying on dealer business; absence of required insurance results in automatic licence suspension (s 12). Budget for possible contributions to the Second‑hand Vehicles Compensation Fund as prescribed by regulation (Sch 3 cl 4), and ensure timely payment to avoid licence suspension.

Premises and notification. Notify the Commissioner of premises before commencing business at them in the approved form (s 14(1)). Keep the Commissioner notified within 14 days of ceasing to carry on business at notified premises (s 14(4)). Use temporary exemptions for motor shows or organised vehicle exhibitions where allowable (s 14(2)). Keep accurate “address for service” details on file for service of documents (s 51).

Contractual and disclosure compliance. Attach the prescribed notice to every vehicle offered for sale containing the required particulars as set out in s 16(3) and ensure it is displayed while the vehicle is exposed for sale (s 16(1)). Provide potential purchasers, on request, with the name and address of the last non‑dealer owner before contract formation (s 16(5)). Do not refer to odometer readings in advertisements unless the vehicle has a compliant notice stating odometer reading may be regarded as reasonably accurate (s 16(6)). Use the written single‑document contract form required by s 17 containing all prescribed particulars and deliver copies to purchasers in accordance with s 17(4)-(6). Ensure any waiver document for cooling‑off rights conforms to s 33(2a): plain English, statements of rights and consequences, signed by purchaser and witnessed by a person other than the dealer.

Cooling‑off and title arrangements. For contracts to which the cooling‑off provisions apply (s 18B), permit rescission by notice within the cooling‑off period and observe deposit limits (no demand for more than a 10% deposit prior to expiry; s 18B(5)). If a purchaser rescinds, refund within the next clear business day any amount paid less permitted retention (lesser of 2% of contract price or $100; s 18B(7)). Use the approved form agreement under s 18C if legal title is to pass before cooling‑off expiry; otherwise assume legal title remains with dealer during cooling‑off and allow reasonable access for test drives/inspection (s 18C).

Duty to repair readiness. Establish clear processes for dealing with repair claims under Part 4. Maintain records of odometer readings at acquisition (s 16(3)(l)) and consensual delivery/repair place arrangements (s 17(1)(d)(vii)-(viii); s 24(1)). Train staff to accept delivery of vehicles for repair and to carry out repairs to accepted trade standards (s 23(2)). Where a purchaser applies for a Commissioner conference under s 24(2), comply with notices to attend conferences and negotiate in good faith. If repairs cannot be completed promptly, document timelines that extend the defect‑exclusion periods as per s 23(5). Keep accurate, dated records demonstrating timely action to avoid Magistrates Court orders or compensation.

Odometer protocols. Do not interfere with odometers (s 34(1)-(2)). Keep documented procedures for legitimate odometer modification or replacement that require written Commissioner approval where applicable (s 34(3)). Avoid making statements to purchasers that could be false or misleading about odometer accuracy; implement verification steps for odometer history and document inquiries made when acquiring vehicles (s 16(4) defence requires evidence of reasonable enquiries and proper examination). If the Commissioner issues a rectification or sale prohibition direction under s 34B, comply or seek timely Tribunal review within one month (s 34B(4)-(5)); note that rectification directions under s 34B(1)(a) are stayed pending review.

Record‑keeping, statutory declarations and evidence. Keep contemporaneous records of transactions, notices, contracts and odometer readings and be prepared to verify information by statutory declaration if requested by the Commissioner (s 43). Ensure record accuracy to avoid s 41 false‑information offences; correct errors promptly and notify the Commissioner when required. Preserve documents that can rebut evidential presumptions under s 50 (e.g. frequency of vehicle transactions) to avoid being presumed a dealer inadvertently.

Disciplinary and enforcement preparedness. Maintain compliance programmes, staff vetting for salespersons (s 13A), and a register of premises and licence details for inspection (s 39). If the Commissioner issues conditions, urgent suspension or cancellation (ss 14A-14B), be ready to apply to the Tribunal within one month for review and ensure the Commissioner provides reasons when requested (ss 14A(6)-(7), 14B(6)-(7)). For Tribunal disciplinary matters, record interactions at Commissioner conferences and agreements, as the Tribunal can critique conference conduct (s 27(1)(e)) and enforce agreements (s 24(5)(f)).

Insurance, codes and delegated arrangements. Keep evidence of insurance coverage required by regulation and lodge certificates with the Commissioner as may be prescribed (ss 12; s 53(2)(b)). Monitor and comply with any code of conduct required by regulation (s 53(2)(a)). If the Commissioner enters an agreement with a professional organisation under s 37, understand the scope of any delegated functions and the limits of delegation (s 37(3)).

Prosecutions and statutory deadlines. Note that prosecutions are initiated only by specified actors (s 49(2)) but maintain compliance to avoid disciplinary action and civil claims. Be mindful of limitation periods for reviews and appeals: typically one month for Tribunal review of licence