Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Second-hand Vehicle Dealers Act 1995. 3—Interpretation (1) In this Act, unless the contrary intention appears— auctioneer means a person who carries on the business of conducting auctions for the sale of goods, and includes a dealer who in the course of business conducts an auction for the sale of a second-hand vehicle; authorised officer means an authorised officer under the Fair Trading Act 1987; business day means a day other than a Sunday or public holiday; close associate—see section 3A; Commissioner means the Commissioner for Consumer Affairs; cooling-off period, in relation to a contract for the sale of a second‑hand vehicle, means the period commencing when the contract is made and concluding at the end of the second clear business day after the day on which the contract is made; credit provider means a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth; dealer means a person who carries on the business of buying or selling second-hand vehicles; director of a body corporate includes— (a) a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; licence means a licence under Part 2 and licensed and licensee have corresponding meanings; Magistrates Court means the Civil (Consumer and Business) Division of the Magistrates Court; model designation means the words and symbols (if any) used by the manufacturer of a vehicle to identify the model of the vehicle; notified premises, in relation to a dealer, means premises in relation to which the dealer has given notice to the Commissioner as required by section 14; offer for sale—an offer for sale includes exposure for sale, an invitation to treat and the publishing, or authorising the publication, of an advertisement; registered, in relation to a vehicle, means registered under the Motor Vehicles Act 1959, or under a corresponding Act or law of another State or a Territory of the Commonwealth; salesperson means a person who, for or on behalf of a dealer— (a) buys or sells second‑hand vehicles; or (b) induces or attempts to induce, or negotiates with a view to inducing, a person to buy or sell a second‑hand vehicle; or (c) performs a function of a kind prescribed by regulation for the purposes of this paragraph; second-hand vehicle means a vehicle that has been used for a purpose not connected with its manufacture or sale, including a vehicle that has been used for the purpose of demonstration in connection with the sale of another vehicle; sell includes exchange, and sell on behalf of another person; and sale, offer for sale and expose for sale have corresponding meanings; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vehicle means a vehicle— (a) that is used or capable of being used for transportation on land; and (b) that is designed to be wholly or partly propelled by an engine; vehicle leasing agreement means an agreement under which a vehicle is let on hire for a period exceeding four months; vehicle leasing business means a business in which vehicles are let on hire under vehicle leasing agreements; year of first registration, in relation to a vehicle, means the year in which the vehicle was first registered. (2) A reference in this Act to repairing a defect will, in relation to a defect in the battery of a prescribed electric vehicle or prescribed hybrid vehicle, be taken to be a reference to replacing the battery. 3A—Close associates (1) 2 persons are close associates if— (a) 1 is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (e) they are related bodies corporate; or (f) 1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or (g) 1 is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (h) 1 is a body corporate whose shares are quoted on a prescribed financial market and the other is a substantial shareholder (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or (i) 1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (j) 1 is in a position to exercise control or significant influence over the conduct of the other. (2) For the purposes of subsection (1)— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; spouse—a person is the spouse of another if they are legally married. 4—Application of Act (1) Subject to this section, if a dealer sells a second-hand vehicle to a credit provider on the understanding that the vehicle will be sold or let on hire to a third person and it is sold or let on hire to the third person, this Act applies as if the dealer had sold the vehicle to the third person. (2) Section 171 and Part 3 Division 1 Subdivision 3 do not apply to such a sale by a dealer. Note—