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).