MOTOR VEHICLE DEALERS

WESTERN AUSTRALIA.

MOTOR VEHICLE DEALERS.

No. 101 of 1973.

AN ACT to regulate Dealing in Motor Vehicles, torepeal the Used Car Dealers Act, 1964, and forrelated purposes.

[Assented to 28th December, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the LegislativeAssembly of Western Australia, in this presentParliament assembled, and by the authority of thesame, as follows:—

PART I.-PRELIMINARY.

1. This Act may be cited as the Motor Vehicle Short title.

Dealers Act, 1973.

2. The provisions of this Act shall come into Commence-

operation on such day or days as is or are, meat.

respectively, fixed by proclamation.

No. 101.] Motor Vehicle Dealers. [1973.

Arrange-ment. 3. This Act is divided into Parts as follows—

PART I.—PRELIMINARY, ss. 1-6.

PART II.—MOTOR VEHICLE DEALERS LICENSINGBOARD, ss. 7-31.

PART III.—DEALINGS IN SECOND-HAND VEHICLES,ss. 32-40.

PART IV.—MISCELLANEOUS, ss. 41-56.

Repeal. 4. The Used Car Dealers Act, 1964 is herebyrepealed.

Interpre-tation. 5. (1) In this Act, unless the contrary intention

appears

"approved" means approved by the Board;

"authorized officer" means a person who isappointed to be an authorized officer undersection 6;

"cash price" in relation to the sale of a second-hand vehicle means the price for whichthe vendor is willing to sell the vehicle forcash complete with all accessories andother attachments then fitted to or suppliedwith the vehicle;

"Chairman" means Chairman of the Board;

"Commissioner" means the Commissioner forConsumer Protection appointed undersection 15 of the Consumer Protection Act,1971;

"dealer" means a person who carries on thebusiness of buying or selling vehicles; andincludes a financier and a person whoengages in the business of auctioningvehicles;

1973.] Motor Vehicle Dealers. [No. 101.

"dealer's licence" means a vehicle dealer'slicence granted under section 15;

"financier" means a person whose ordinarybusiness is not that of buying or sellingvehicles but who carries on or acts in thatbusiness only for one or more of the fol-lowing purposes, that is to say

(a) for the purpose of the hiring, undera hire purchase agreement, of thevehicle bought or sold;

(b) for the purpose of effectuating asecurity over the vehicle bought orsold;

(c) for the purpose of the hiring, wherethe right to purchase the vehicle isnot included in that hiring, of thevehicle bought or sold; or

(d) for the purpose of disposing ofvehicles acquired by him in connec-tion with the purposes referred toin paragraphs (a), (b) or (c) of thisinterpretation;

"hire-purchase agreement" includes any trans-action or agreement which is a hire-purchase agreement within the interpreta-tion given to that term from time to timeby the Hire-Purchase Act, 1959, and whereused in paragraph (a) of the interpretation"financier", includes an agreement whichwould, but for paragraph (e) of the inter-pretation of the term in the Hire-PurchaseAct, 1959, be a hire-purchase agreement;

"licence" means a licence granted under thisAct;

"member" means any member of the Board,including the Chairman;

No. 101.1 Motor Vehicle Dealers. [1973.

"model designation" in relation to a vehicle ofa particular model, means the words orsymbols (if any) applied by the manufac-turer of that vehicle to identify a vehicleof that model;

"salesman" means a person who is employed orengaged by or on behalf of a dealer in thebuying or selling of motor vehicles otherthan in the capacity of yard manager;

"salesman's licence" means a salesman'slicence granted under section 17;

"second-hand vehicle" includes a vehicle thathas, at any time before being offered orexposed for sale, been licensed or registeredwhether under the law of this State or ofany other State or Territory of the Com-monwealth or any other country regulatingthe use of vehicles;

"secretary" means the secretary to the Board;

"section" means section of this Act;

"sell" in relation to a vehicle, includes theentering into as owner of a hire-purchaseagreement and a disposal of any interest inthat vehicle, but does not include the hiringof that vehicle where a right to purchasethe vehicle is not included in that hiring,and the expressions "sale" and "sold"should be construed accordingly;

"the Board" means the Motor Vehicle DealersLicensing Board established under section7;

"trade owner" in relation to a vehicle means anyperson who acquires that vehicle for thepurposes of reselling that vehicle or for thepurpose of the hiring of that vehicle wherethe right to purchase that vehicle is notincluded in that hiring;


"yard manager" means a person who isemployed or engaged by or on behalf of adealer to manage or supervise the carryingon of that dealer's business of buying orselling vehicles at one of the premises atwhich the dealer carries on that business;

"yard manager's licence" means a yard man-ager's licence granted under section 16;

"year of first registration" in relation to avehicle, means the year in which thatvehicle was first licensed or registered underthe law of this State or elsewhere, for thetime being in force regulating the use ofvehicles;

"year of manufacture" in relation to a vehicle,means the year in which the vehicle wasmanufactured.

(2) In sections 26, 28 and 29, and in subsections(1) and (2) of section 27, "vehicle" means

(a) a motor vehicle within the meaning giventhereto by the Traffic Act, 1919; and

(b) a trailer, semi-trailer or caravan designedto be attached to a motor vehicle.

(3) In this Act, other than in the provisions speci-fied in subsection (2) of this section, "vehicle"means

(a) a passenger car;(b) a passenger car derivative;(c) a motor cycle;(d) a camper van; or(e) a vehicle of a type or class that is prescribed

to be a type or class of vehicle to which thisAct applies.

(4) For the purposes of subsection (3) of thissection

"passenger car" means a vehicle (other than amotor cycle) constructed principally for theconveyance of persons;

No. 1011 Motor Vehicle Dealers. [1973.

"passenger car derivative" means a vehicle ofthe same make as a factory producedpassenger car and in which the forwardpart of the body form and the greater partof the mechanical equipment are the sameas those in the passenger car;

"motor cycle" means a self-propelled vehiclethat has two wheels, or, where a side caris attached thereto, has three wheels;

"camper van" means a vehicle specially fittedfor camping or touring purposes and whichis equipped with sleeping facilities andcooking facilities.

(5) Unless the contrary intention appears, anyreference in this Act to the grant or issue of alicence or to an application therefor shall be read asincluding a reference to the grant or issue of therenewal of a licence or to an application therefor, asthe case requires.

(6) For the purposes of the provisions of this Actother than section 39, where a dealer sells a second-hand vehicle to a financier in the expectation thatthe financier will sell that vehicle to a third personand the financier so sells that vehicle to that thirdperson, the dealer shall be deemed to have sold thevehicle to that third person.

g.rnistra- 6. (1) Without limiting any of the provisions ofsections 19 to 25, both inclusive, of the ConsumerProtection Act, 1971, those sections apply, with suchmodifications as are necessary, to and in relationto the exercise of the functions, powers, and dutiesof the Commissioner under this Act and persons andmatters affected thereby as if those sections madeexpress provision to that effect.

(2) The Minister may appoint persons to beauthorized officers for the purposes of this Act.


PART II.-MOTOR VEHICLE DEALERS LICENSINGBOARD.

7. (1) For the purposes of this Act there shall be The Board.

a board to be known as the "Motor Vehicle DealersLicensing Board".

(2) The Board

(a) shall be a body corporate with perpetualsuccession and a common seal; and

(b) shall have the powers, duties, functions andauthorities conferred, imposed or prescribedby or under this Act.

(3) Where in any judicial proceedings, whetherunder this Act or not, a document is produced bear-ing a seal purporting to be the common seal of theBoard the Court or tribunal before which those pro-ceedings are brought shall in the absence of proofto the contrary presume that

(a) the seal is the common seal of the Board;and

(b) the common seal was duly affixed.

8. (1) Subject to this section, the Board shallconsist of five members appointed by the Governor, Board.

of whom(a) one shall be appointed to be a member and

Chairman of the Board;

(b) one shall be a person nominated forappointment by the Minister from a panelof names submitted by the body known asthe Western Australian Automobile Cham-ber of Commerce (Inc). in accordance withsubsection (2) of this section;

(c) one shall be a person nominated forappointment by the Minister from a panelof names submitted by the body known asChamber of Automotive Industries of W.A.(Inc). in accordance with subsection (2) ofthis section;


(d) one shall be a person nominated forappointment by the Minister from a panelof names submitted by the body known asThe Royal Automobile Club of W.A. (Incor-porated) in accordance with subsection (2)of this section; and

(e) one shall be a person nominated forappointment by the Minister to representthe interests of purchasers of vehicles.

(2) Prior to the first occasion on which anappointment is to be made to an office of memberreferred to in paragraph (b), (c) or (d) of sub-section (1) of this section, and on each occasionthereafter when such an office becomes vacant bythe effluxion of time, the Minister shall, in writing,request the body referred to in the appropriate para-graph to submit to him, in writing, a panel con-taining the names of not fewer than three personswilling to act as members of the Board.

(3) Where a body has been requested, pursuant tosubsection (2) of this section, to submit a panel ofnot fewer than three names to the Minister, theMinister

(a) shall, if such a panel is submitted to himwithin twenty-one days of the body receiv-ing the request, nominate one of the personswhose names appear on the panel forappointment to the office of member; and

(b) may, if default is made within that timein submitting such a panel to him, nomi-nate for appointment to the office ofmember such person as he thinks fit.

Terms of°face, etc. 9. (1) Subject to the succeeding provisions of

this section(a) a person appointed chairman shall hold

office for a term of three years;(b) a person appointed a member, other than

as chairman, shall hold office for suchperiod, not exceeding three years, as isspecified in the instrument of his appoint-ment.


(2) If a member of the Board

(a) is an undischarged bankrupt or personwhose property is subject to an order orarrangement under the laws relating tobankruptcy;

(b) becomes permanently incapable of perform-ing his duties as a member;

(c) resigns his office by writing under his handaddressed to the Governor;

(d) absents himself, except on leave dulygranted by the Minister, from three con-secutive meetings of the Board,

the office of that member becomes vacant.

(3) Where the office of a member has becomevacant otherwise than by effluxion of time, theGovernor may appoint a person to the vacant officefor the unexpired part of the term of the officewhich so became vacant.

(4) The Governor may appoint a person to be adeputy of a member and may terminate such anappointment at any time.

(5) A person so appointed is, in the event of theabsence from a meeting of the Board of the memberof whom he is the deputy, entitled to attend thatmeeting and, when so attending, has all the powers,functions and duties of a member.

10. (1) The Board shall hold meetings at such Netegag8times and places as are necessary to enable it to Board.

discharge its functions and duties under this Actand the Minister may at any time require theChairman to convene a meeting of the Board.

(2) The Chairman shall preside at all meetingsof the Board at which he is present, and his deputyshall preside at all meetings at which he, but notthe Chairman, is present, but where neither the


Chairman nor his deputy is present at a meetingof the Board, the members present shall appointone of their number present to act as chairman atthe meeting.

(3) At a meeting of the Board, three membersconstitute a quorum.

(4) Any question arising at a meeting of theCouncil shall be decided by a majority of the votesof the members present and voting.

(5) At a meeting of the Board at which theChairman or his deputy presides, the Chairman orhis deputy has a deliberative vote, and in the eventof an equality of votes being cast on any question,that question shall remain unresolved until asubsequent meeting of the Board.

(6) The Board shall cause accurate minutes tobe kept of its proceedings at its meetings.

Validity ofacts ofBoard.

Remunera-tion ofmembers.

11. No act, proceeding or determination of theBoard shall be invalid on the ground only of anyvacancy in the office of any member of the Boardor of any defect in the appointment of any memberof the Board or in the appointment of any deputyof a member of the Board.

12. The members of the Board shall be paid suchfees and allowances as may from time to time befixed by the Governor.

Secretaryto theBoard, etc.

13. (1) There shall be a secretary to the Boardwho shall be appointed by the Minister on therecommendation of the Public Service Board, butthe office of secretary may be held in conjunctionwith any other office in the Public Service of theState.


(2) The secretary shall have such powers, dutiesand functions as are conferred on him by this Actor as are, subject to any direction of the Minister,conferred on him or directed to be performed byhim by the Board.

(3) The Commissioner of Police may at therequest of the Chairman, cause his officers to makeany investigations and reports relevant to anymatter before the Board and the Commissioner ofPolice may cause such reports to be forwarded tothe secretary.

(4) With the approval of the Minister and of thePublic Service Board, the Board may make use ofthe services of any person employed in the PublicService of the State.

Powers ofBoard indealing withapplica-tions, etc.

14. (1) For the purposes of considering or dealingwith any matter the Board may

(a) by summons under the hand of theChairman or of the secretary require theattendance of any witness;

(b) by notice in writing signed by theChairman or the secretary, require theproduction of any books, papers or docu-ments relevant to the matter before theBoard;

(c) inspect any books, papers and documentsproduced before it and make copies of orextracts from matters therein that arerelevant to the matter before the Board;and

(d) examine witnesses on oath or affirmationwhich may be administered by any memberof the Board or by the secretary.

(2) A person into whose conduct the Board isconducting any inquiry is entitled to be representedat the inquiry by counsel or solicitor and the Boardshall give such person or his counsel or solicitoran opportunity of making to the Board suchrepresentations as, in the opinion of the Board, arerelevant to the inquiry.


(3) If any person-

(a) who has been personally served with asummons referred to in paragraph (a) ofsubsection (1) of this section to attendbefore the Board fails without lawfulexcuse (proof whereof shall lie on him), toattend in obedience to such summons;

(b) wilfully interrupts the proceedings of theBoard; or

(c) being called or examined as a witness inany proceeding or inquiry before theBoard, refuses to be sworn or to affirm or,without lawful excuse (proof whereof shalllie on him), fails to produce any books,papers or documents mentioned in a noticereferred to in paragraph (b) of subsection(1) of this section, and personally servedupon him, or knowingly or wilfully makesa -false statement to the Board,

he shall be guilty of an offence and liable to apenalty not exceeding four hundred dollars.

Applicationfor vehicledealer'slicence.

15. (1) Subject to this Act, a person, not beinga body corporate, who applies to the Board in theapproved form for a vehicle dealer's licence and paysto the Board the prescribed fee therefor shall begranted such a licence upon satisfying the Board

(a) that he is of or over the age of eighteenyears;

(b) that he is a person of good character andrepute and a fit and proper person to holdsuch a licence;

(c) that he has sufficient material and financialresources available to him to enable him tocomply with the requirements of this Act;and

(d) that he understands fully the duties andobligations imposed by this Act on dealers,yard managers and salesmen.


(2) Subject to this Act, two or more persons con-stituting a firm who apply to the Board in theprescribed form for a vehicle dealer's licence and payto the Board the prescribed fee therefor shall begranted such a licence upon satisfying the Board

(a) that all of the natural persons (if any) bywhom the firm is constituted and all of thepersons concerned in the management orconduct of any body corporate by which thefirm is constituted are persons of goodcharacter and repute and are persons fit tobe concerned in the management or controlof the business of buying or selling vehicles;

(b) that the persons by whom or by which thefirm is constituted have sufficient materialand financial resources available to themto enable them to comply with the require-ments of this Act; and

(c) that at least one of the natural personsreferred to in paragraph (a) of this subsec-tion understands fully the duties andobligations imposed by this Act on dealers,yard managers and salesmen.

(3) Subject to this Act, a body corporate whichapplies to the Board in the prescribed form for avehicle dealer's licence and pays to the Board theprescribed fee therefor shall be granted such alicence upon satisfying the Board

(a) that all of the persons concerned in themanagement or conduct of the body cor-porate are persons of good character andrepute and are persons fit to be concernedin the management or control of thebusiness of buying or selling vehicles;

(b) that it has sufficient material and financialresources available to it to enable it to com-ply with the requirements of this Act; and

(c) that at least one of the persons referred toin paragraph (a) of this subsection under-stands fully the duties and obligationsimposed by this Act on dealers, yard man-agers and salesmen.

Applicationfor yardmanager'slicence.

Applicationsforsalesman'slicence.

Matterswhich maybe con-sidered bythe Boardin refusingthe grantor renewalof alicence.


16. Subject to this Act, a person who applies tothe Board in the approved form for a yard manager'slicence and pays to the Board the prescribed feetherefor shall be granted such a licence upon satis-fying the Board


(b) that he is a person of good character andrepute and a fit and proper person to holdsuch a licence; and

(c) that he understands fully the duties andobligations imposed by this Act on dealers,yard managers and salesmen.

17. Subject to this Act, a person who applies tothe Board in the approved form for a salesman'slicence and pays to the Board the prescribed feetherefor shall be granted such a licence upon satis-fying the Board


(b) that he is a person of good character andrepute and a fit and proper person to holdsuch a licence; and

(c) that he understands fully the duties andobligations imposed by this Act on salesmenand has sufficient knowledge of the dutiesand obligations so imposed on dealers andyard managers.

18. (1) Without limiting its power to refuse anapplication for any other cause, the Board mayrefuse an application for a licence on any groundupon which the holder of a licence may be disquali-fied from holding or obtaining such a licence.

(2) Without limiting the right of the Board todetermine applications under sections 15, 16, 17 and19 in such manner as it thinks fit, the Board shallafford the Commissioner an opportunity to submitto it any matters he considers relevant to any suchapplication.


19. (1) Subject to this Act, a licence shall be validand effectual for the purposes of this Act for suchperiod not exceeding twelve months as shall bestated therein.

(2) When the Board grants a licence, other thanby way of renewal, to a person, the licence may begranted for such period being not less than ninemonths and not more than twenty-one months asthe Board thinks fit, and in that event

(a) there shall, where the licence is granted fora period of less than twelve months, berefunded to the applicant an amountrepresenting one-twelfth of the applicationfee paid for each complete month by whichthat period is less than twelve months; or

(b) there shall, where the licence is granted fora period of more than twelve months, bepaid by the applicant within twenty-eightdays of the grant of the licence, a furtheramount representing one-twelfth of theapplication fee paid for each completemonth by which that period exceeds twelvemonths,

as the case requires.

(3) A licence may, upon application being madeto the Board and payment of the prescribed feetherefor not more than one month before the dateof expiration thereof, be renewed by the Board fromtime to time and a licence so renewed shall, subjectto this Act, in the case of each renewal, be valid andeffectual for a further period of twelve months com-mencing from the time it would have expired had itnot been renewed, but, without limiting the applica-tion of section 18 and subsection (5) of this sectionin relation to applications for renewals of licences,the Board shall not renew a licence unless theapplicant satisfies the requirements of section 15, 16or 17, as the c? qe requires.


(4) A licence shall cease to be valid and effectualfor the purposes of this Act

(a) upon the expiration thereof or, if it has beenrenewed, upon the expiration of the periodfor which it has been renewed; and

(b) during any period in which the holderthereof is disqualified from holding orobtaining such a licence.

(5) A person is not entitled to be granted a licenceat any time during which he is disqualified fromholding or obtaining such a licence.

Disqualifica-tion. 20. (1) The Board may on its own motion, or

on the application of the Commissioner, by order,disqualify any person (whether or not he is theholder of a licence) from holding or obtaining alicence for any period named in the order or untila further order of the Board

(a) if the licence or any renewal thereof hadbeen obtained by fraud, dishonesty ormisrepresentation;

(b) if the person is convicted of any offence,the commission of which would in theopinion of the Board render him unfit tobe the holder of the licence;

(c) if the person has been found, by any courtor other tribunal, or, after due inquiry, bythe Board, to have been guilty of fraudulentconduct or dishonesty in connection withthe business of buying or selling vehicles;

(d) if the person has been found by the Boardafter due inquiry, to have failed to carryout his obligations under section 34 to thesatisfaction of the Board or to have failedto carry out those obligations with dueexpedition;


(e) if the person being the holder of a dealer'slicence has been found by the Board, afterdue inquiry, not to have sufficient materialand financial resources to enable him tocomply with the requirements of this Act;or

(f) if the person being the holder of a dealer'slicence has, without the prior writtenconsent of the Board employed in thebusiness of buying or selling vehicles anyperson who has been disqualified fromholding or obtaining a licence under thisAct, during any period of such disqualifi-cation,

and upon the making of an order against a personbeing the holder of a licence and during the periodof disqualification or until a further order of theBoard, that person shall cease to be the holderthereof.

(2) Before making an order referred to in sub-section (1) of this section the Board shall conductan inquiry and give the person concerned anopportunity of showing cause why the order shouldnot be made.

(3) Where the Board makes an order under thissection disqualifying a person who was at that timethe holder of a licence, from holding or obtaininga licence for a period or until further order, thatorder shall, unless the Board otherwise specifies inits order, also disqualify that person from holding orobtaining any other kind of licence during thatperiod or until further order.

(4) Where the Board makes an order under thissection disqualifying a person who was not at thattime the holder of any licence, from holding orobtaining a licence for a period or until furtherorder, that order shall, unless the Board otherwisespecifies in its order, disqualify the person fromholding or obtaining any kind of licence during thatperiod or until further order.

Premiseson whichdealers maycarry onbusiness.


21. (1) An applicant for the grant of a dealer'slicence shall specify in his application each of thepremises at which he proposes to carry on businessunder the authority of that licence.

(2) Where the Board grants an application fora dealer's licence, it shall then consider whethereach of the premises specified in the applicationpursuant to subsection (1) of this section is suitablefor the purpose of the carrying on thereat of thebusiness of a dealer and shall issue a certificate ofregistration in the approved form in respect of eachof the premises which it considers suitable for thatpurpose.

(3) A dealer may at any time during the currencyof his dealer's licence apply to the Board in theapproved form for the issue of a certificate inrespect of any premises at which he proposes tocarry on business under the authority of his licencebut in respect of which a certificate was not issuedwhen that licence was granted, and where such anapplication is duly made, the Board

(a) shall consider whether the premises aresuitable for the purpose of carrying onthereat the business of a dealer; and

(b) shall, if it considers the premises to besuitable for that purpose, issue a certificateof registration in the approved form inrespect of the premises.

Appeal. 22. (1) When the Board makes a decision or anorder

(a) refusing an application by a person for alicence;

(b) disqualifying a person from holding orobtaining a licence; or

(c) refusing to issue a certificate under section21,

the Board shall give that person its reasons for thedecision or order, and the person may, within thirtydays after the reasons for the decision or order havebeen so given, appeal to a Local Court.


(2) The Local Court shall have jurisdiction tohear and determine the appeal and may review thedecision or order appealed against and the reasonstherefor, and may, having regard to all matterswhich it considers relevant, including the interestsof the public, confirm, vary or reverse the decisionor order, but it shall lie upon the appellant to satisfythe court that the decision or order should be variedor reversed.

(3) Subject to the rules of court at the hearingof any appeal under this Act, the appellant, theBoard and the Commissioner shall be entitled toappear personally or by counsel or solicitor.

(4) The Local Court may order the appellant,the Board or the Commissioner to pay costs inconnection with any appeal.

(5) Where the Local Court by its determinationof an appeal varies or reverses a decision or an orderof the Board, the Board shall, as soon as practicableafter receiving notice of the determination, giveeffect to that determination as if it were a decisionor an order of the Board.

(6) The Local Court may, at any time after anappeal against a decision or order of the Boarddisqualifying a person from holding or obtaining alicence has been lodged, and on the application ofthe appellant, make an order postponing the effectof the decision or order appealed against until theappeal is determined by it or until such other timeas may be fixed by it and the order shall have effectaccording to the tenor thereof.

23. (1) Where a licence is granted under subsec-tion (2) of section 15-

(a) the licence shall be endorsed with the fullname, address and description of everyperson who is a member of the firm and, inaddition in the case of a corporate member,with the full name, address and descriptionof all persons concerned in the managementand conduct of the corporate member; and

Particularsto beendorsedon licencesand changestherein to benotified.


(b) where any change occurs in-

(i) the membership of the firm; or

(ii) the person or persons concerned inthe management and conduct of anycorporate member of the firm,

full particulars thereof shall be sent to thesecretary within fourteen days of thatchange occurring, together with the licence,and the secretary shall cause such altera-tions to be made in the endorsements onthe licence as the case requires.

(2) Where a licence is granted under subsection(3) of section 15-

(a) the licence shall be endorsed with the fullname, address and description of everyperson who is concerned in the manage-ment and conduct of the body corporate;and

(b) where any change occurs in the personsconcerned in the management and conductof the body corporate, full particularsthereof shall be sent to the secretary withinfourteen days of that change occurring,together with the licence, and the secretaryshall cause such alterations to be made inthe endorsements on the licence as the caserequires.

Register tobe kept. 24. (1) The secretary shall cause a register to be

kept, and there shall be set out in the register allsuch particulars, matters and things, relating to thelicences, licence holders and registered premises andany changes thereof, as may be prescribed.

(2) Any entry in the register is prima facieevidence of the facts thereby recorded and, wherethe name of a person is not recorded in the register,as a holder of a licence of any particular kind, thereis a presumption that the person is not the holderof a valid licence of that kind.


25. (1) Every dealer, not being a financier, shallkeep or cause to be kept a register, in the prescribedform, at any registered premises in respect of whichthe licence is issued; and shall record or cause to berecorded in that register the prescribed particularsof every transaction entered into, in the course ofdealing at those premises.

(2) A dealer or yard manager shall produce theregister kept pursuant to this section, for inspection,on demand, by any authorized officer, any memberof the Police Force or any authorized officer of theDepartment of Motor Vehicles, or by a trafficinspector duly appointed for the district whereinthe premises are situated.

(3) Every person who knowingly makes a falseentry, or who causes a false entry to be made, in anyregister kept pursuant to this section commits anoffence.

26. (1) Every dealer, not being a financier,acquiring a second-hand vehicle or selling a second-•hand vehicle other than to a financier shall, forth-with after the acquisition or sale, send to theauthority that licensed or registered the vehicle, ifwithin the State, such particulars of the transactionas may be prescribed; and, where that authority isnot within the State, shall forthwith deliver thenumber plates (if any) attached to the vehicle tothe nearest licensing or registering authority.

(2) Upon the expiration or cancellation of thelicence or registration of a second-hand vehicle thatis in the possession of a dealer, the dealer shall,unless renewing the licence or registration, returnany number plates attached to that vehicle to thenearest licensing or registering authority.

(3) Nothing in this section affects the obligationof a person to apply for the transfer of the licenceor registration of a vehicle, under the provisionsof any other Act.

Register tobe kept bylicenceholders.

Transactionsin second-handvehiclesto benotified.

Inspection ofsecond-handvehicles.


27. (1) Every dealer and every yard managerand salesman acting for a dealer shall permit anymember of the Police Force, any authorized officerof the Department of Motor Vehicles or any trafficinspector, at all reasonable hours, to enter upon anyregistered premises of the dealer, with such personsas he may require to assist him, and there toexamine any second-hand vehicle; and where in theopinion of that member, authorized officer or trafficinspector, it is necessary to road-test any suchvehicle, the dealer, yard manager or salesman shallpermit him, or such other person as that member,authorized officer or traffic inspector may nominate,to remove the vehicle from the premises and drive it,for that purpose, but nothing in this subsectionauthorizes any such member, authorized officer,traffic inspector, or person so nominated, to removeor drive any agricultural implement for thatpurpose.

(2) Notwithstanding the provisions of any otherAct, an unlicensed vehicle may be driven on a roadby a person acting under the authority of subsection(1) of this section.

(3) Subject to subsection (4) of this section adealer, or a yard manager or salesman acting onbehalf of a dealer, shall not, during any hours whenthe dealer is lawfully able to keep his registeredpremises open to the public, cause or permit asecond-hand vehicle of which the dealer is the tradeowner to be kept or parked elsewhere than at theregistered premises of the dealer.

(4) In any proceedings for an offence againstsubsection (3) of this section it is a defence toprove

(a) that the vehicle was kept or parked ator adjacent to the residence or place ofbusiness or employment of a particularprospective purchaser for the purpose ofdisplaying it to that prospective purchaser;or


(b) that during the period for which thevehicle was kept or parked elsewherethan at the registered premises-

(i) it was not so kept or parked for thepurpose of causing the vehicle to beoffered or displayed for sale exceptas described in paragraph (a) of thissubsection; and

(ii) it was not so kept or parked for thepurpose of avoiding the provisions ofthis section or of any other sectionof this Act.

28. (1) Where, in the opinion of any member yaZtsof the Police Force, authorized officer of the =mealDepartment of Motor Vehicles or traffic inspector sale.

examining or testing a second-hand vehicle, underthe provisions of section 27, the vehicle requiresany repair, adjustment or re-conditioning, or thesupply, fitting or removal of any equipment or anyother attention, in order to make it comply withany law relating to the equipment, serviceability orroadworthiness of vehicles, he may attach to thevehicle a notice, in the prescribed form, prohibitingthe sale of that vehicle, except for the purpose ofbeing broken up, until

(a) the repair, adjustment or re-conditioning,or the supply, fitting or removal of theequipment or the other attention has beeneffected, made or given; and

(b) the vehicle has again been inspected,and the notice has, subsequent to thatinspection, been removed, by a member ofthe Police Force, authorized officer of theDepartment of Motor Vehicles or a trafficinspector.

(2) A person who wilfully removes, damages orobliterates a notice affixed to a vehicle, pursuantto the provisions of subsection (1) of this section,or who permits or suffers any of those things to bedone, commits an offence.

Restrictionon sale ofunroad-worthyvehicles.

Unlicenseddealingsprohibited.


29. (1) Except where he has reasonable groundsfor believing that the vehicle is being acquired forthe purpose of being broken up (the proof whereofshall lie upon him), a dealer shall not sell, and ayard manager or salesman shall not assist in thesale of, a second-hand vehicle of which the sale hasbeen prohibited by a notice affixed to the vehicleunder the provisions of section 28, until the noticehas been removed, as provided in subsection (1) ofthat section.

(2) Where, by a representation that it is beingacquired for the purpose of being broken up, aperson induces another to sell a second-hand vehicleof which the sale would, but for that representation,be unlawful under this Act, and does so knowingthe representation to be false, the person makingthe representation commits an offence.

(3) A dealer selling a second-hand vehicle thathe is led to believe is being acquired for the purposeof being broken up shall, before yielding uppossession of it, remove from the vehicle anynumber plates attached to it and shall, forthwith,return them to the nearest licensing or registeringauthority, with the advice that the vehicle in respectof which they were issued is to be broken up.

(4) The provisions of subsection (3) of thissection apply, mutatis mutandis, to a dealeracquiring a second-hand vehicle, from a person whois not a dealer, for the purpose of breaking it up.

(5) A dealer shall not break up a motor vehicle,or cause it to be broken up, unless and until it hasbeen in his possession for seven days.

30. (1) On and after the appointed day a personwho is not the holder of a valid dealer's licence andwho carries on or acts in the business of a dealercommits an offence unless

(a) he so acts in the business of a dealer onlyin the capacity of a yard manager or sales-man for that dealer;


(b) he so carries on or acts in the business of adealer only in the capacity of a financierand he has been exempted from compliancewith the provisions of this Act by the Boardunder subsection (2) of this section; or

(c) he so carries on or acts in the business ofa dealer only in the capacity of anauctioneer and he has been exempted fromcompliance with the provisions of this Actby the Board under subsection (2) of thissection.

Penalty: One thousand dollars, and in addition afurther penalty of one hundred dollars a day foreach day on which the offence continues.

(2) Where, after having made application in theapproved form and paid the prescribed fee therefor

(a) a financier satisfies the Board that heordinarily disposes of vehicles which he hasrepossessed, directly to dealers; or

(b) an auctioneer satisfies the Board that theauctioning of vehicles does not compriseany significant part of his business as anauctioneer,

the Board may, in writing, exempt him from com-pliance with the provisions of this Act.

(3) Any exemption granted under subsection (2)of this section

(a) may be granted subject to such conditions,if any, as the Board thinks fit;

(b) operates so as to exempt the financier orauctioneer to whom it is granted and anyemployee or agent of the financier orauctioneer acting in his capacity as suchfrom complying with any of the provisionsof this Act other than section 39; and

(c) may be revoked at any time by the Board.


(4) On and after the appointed day a person shallnot act in the capacity of a yard manager (otherthan for or on behalf of a financier) unless he isthe holder of a valid yard manager's licence.

Penalty: Two hundred dollars, and in addition afurther penalty of twenty dollars a day for eachday on which the offence continues.

(5) On and after the appointed day a person shallnot act in the capacity of a salesman (other thanfor or on behalf of a financier) unless he is theholder of a valid salesman's licence.

Penalty: One hundred dollars, and in addition afurther penalty of ten dollars a day for each dayon which the offence continues.

(6) In this section "appointed day" means suchday as is fixed by the Minister by notice publishedin the Government Gazette to be the appointed dayfor the purposes of this section.

(7) Notwithstanding any other provision of thisAct, where an application for a yard manager'slicence or a salesman's licence is received by theBoard, the secretary may, unless the Chairmanotherwise directs, issue to the applicant a permitauthorizing the applicant to act as a yard manageror salesman, as the case requires, until the applica-tion has been determined by the Board or for suchlesser period as is specified in the permit.

(8) Where a permit has been issued to an appli-cant for a yard manager's licence or salesman'slicence under subsection (7) of this section theperson to whom the permit has been granted shall,for all of the purposes of this Act and so long as thepermit remains in force, be deemed to be the holderof a yard manager's licence or a salesman's licence,as the case requires.

Dealersnot tocarry onbusinessexcept atregisteredpremises.

31. A dealer shall not carry on his business assuch except at premises registered in his name undersection 21.

Penalty: Four hundred dollars.


PART III.-DEALINGS IN SECOND-HAND VEHICLES.

32. (1) The provisions of this Part do not applyto or in relation to the sale of a vehicle by auctionor the sale of a vehicle to a dealer.

Applicationof thisPart.

(2) Where a vehicle is sold by a financier, theprovisions of this Part, other than section 39, do notapply to the financier or to any of his employees oragents, but the provisions of this subsection do notaffect the duties or obligations under this Part of orattaching to a dealer who is not a financier, or toany yard manager or salesman of such a dealer, inrelation to any transaction or transactions by orunder which the dealer is, pursuant to subsection(3) of section 5, deemed to have sold a vehicle to aperson.

(3) Where in relation to the sale of a second-handvehicle, the vehicle was delivered prior to the timeat which the offer to purchase the vehicle wasaccepted, the time at which the vehicle was soldshall, for the purposes of sections 33, 34 and 35, bedeemed to be the time at which the vehicle was sodelivered.

33. (1) A dealer, yard manager or salesman who MIculars

offers or displays for sale or causes, suffers or displayed.

permits to be so offered or displayed, a second-handvehicle commits an offence unless there is attachedto that vehicle in the manner specified in subsection(6) of this section a notice in the prescribed formcontaining the required particulars.

Penalty: Two hundred dollars.

(2) Where the Commissioner is satisfied that(a) a second-hand vehicle referred to in sub-

section (1) of this section has been broughtinto this State from a place outside thisState for the purposes of sale; and


(b) any one or more of the required particularsare not available to the person referred toin subsection (1) of this section,

he may by notice in writing direct that such of therequired particulars as are referred to in that noticeneed not be contained in the prescribed formreferred to in that subsection and the omission bya person of those required particulars will notconstitute an offence against the provisions of thatsubsection if in any proceedings for such an offencethat person proves that the omission of thoseparticulars was authorized by a notice under thissubsection.

(3) For the purposes of this section the followingare the required particulars

(a) the name and business address of the dealerby whom the vehicle is offered or exposedfor sale;

(b) where the vehicle is equipped with anodometer, the reading on the odometer ofthe vehicle at the time the vehicle wasacquired from the last owner of the vehiclewho was not a trade owner;

(c) the cash price of the vehicle;

(d) the year of first registration of the vehicle,and, where the vehicle is fitted with a com-pliance plate or other identification platefrom which the year of manufacture of thevehicle may be ascertained, the year ofmanufacture of the vehicle;

(e) the licence plate number of the vehicleor, where the vehicle is not then licensedunder the Traffic Act, 1919, the word"unlicensed";

1973. Motor Vehicle Dealers. [No. 101.

(f) where the vehicle is or was previouslylicensed as a taxi-car, the expression "ex-taxi"; and

(g) such other particulars as are prescribed.

(4) A person shall not insert, or suffer or permitto be inserted, in any notice referred to in subsection(1) of this section any statement or representationthat is false or misleading in a material particular.

Penalty: Five hundred dollars.

(5) In any proceedings for an offence that is acontravention of subsection (4) of this sectionwhere the contravention consists of a false ormisleading statement as to the year of firstregistration of the vehicle it shall be a defence forthe defendant to prove that

(a) he took reasonable steps to ascertain theyear of first registration of the vehicle;and

(b) to the best of his knowledge and belief thestatement made as to the year of firstregistration was a true and accurate one.

(6) For the purposes of subsection (1) of thissection, the notice shall

(a) except as provided in paragraph (b) ofthis subsection, be attached to the lowerpart of the windscreen of the vehicle sothat all of the particulars contained in thenotice are clearly visible from outside thevehicle; and

(b) where the vehicle is a motor cycle or is avehicle not equipped with a windscreen, beattached to the vehicle in such a way andplace as to cause the particulars containedin the notice to be clearly visible to a personstanding near the vehicle.


(7) Where a dealer sells a vehicle, he shall causea copy of the notice attached to the vehicle pursuantto the provisions of this section to be made out andsigned by him or a yard manager or salesman actingon his behalf and shall

(a) retain for a period of not less than sixmonths the notice which was displayed onthe vehicle; and

(b) forthwith cause a copy of the notice somade out to be given to the purchaser.

Obligationsof dealer. 34. (1) Except as provided in this section, where

any second-hand vehicle is, on or after the com-mencement of this Act, sold by a dealer to anyperson who does not by reason of that sale becomea trade owner of that vehicle

(a) at a cash price of or over one thousanddollars or such other amount as is fromtime to time prescribed and-

(i) before that vehicle has been drivenfor five thousand kilometres after thesale; or

(ii) before the expiration of the period ofthree months next following the dayof the sale,

whichever event first occurs, a defect whichrenders or is likely to render the vehicleunroadworthy or unserviceable appears inthat vehicle, whether or not that defectexisted at the time of the sale, the dealerwho sold that vehicle shall, at his ownexpense, repair or make good, or cause tobe repaired or made good, that defect so asto make the vehicle roadworthy and toplace that vehicle in a reasonable conditionhaving regard to its age; or


(b) at a cash price of less than one thousanddollars or such other amount as is fromtime to time prescribed and

(i) before that vehicle has been drivenfor three thousand kilometres afterthe sale; or

(ii) before the expiration of the period oftwo months next following the dayof the sale,

whichever event first occurs, a defect whichrenders or is likely to render the vehicleunroadworthy or unserviceable appears inthat vehicle, whether or not that defectexisted at the time of the sale, the dealerwho sold that vehicle shall, at his ownexpense, repair or make good, or cause to berepaired or made good, that defect so as tomake the vehicle roadworthy and to placethat vehicle in a reasonable condition hav-ing regard to its age.

(2) For the purposes of calculating the periodreferred to in subparagraph (ii) of paragraph (a)or subparagraph (ii) of paragraph (b) of subsection(1) of this section, no regard shall be paid to anyperiod during which the dealer has the vehicle inhis possession for the purpose or purported purposeof ascertaining or carrying out his obligations underthis section.

(3) Subsection (1) of this section does not applyto or in relation to any defect

(a) that is a defect to which, pursuant tosection 35, that subsection does not apply;

(b) arising from or incidental to any accidentaldamage to the vehicle that occurred afterthe sale referred to in that subsection;

(c) arising from misuse or negligence on thepart of a driver of the vehicle that occurredafter the sale referred to in that subsection;

(d) occurring in the tyres, battery or any pre-scribed accessory to the vehicle;

No. 101.]

Motor Vehicle Dealers. [1973.

Excludeddefects.

(e) occurring in any vehicle the cash price ofwhich at the time of the sale referred to inthat subsection did not exceed five hundreddollars or such other amount as is, fromtime to time prescribed; or

(f) occurring in a vehicle that has, for the timebeing, been exempted from the provisionsof subsection (1) of this section by noticeunder subsection (5) of this section.

(4) This section does not apply to or in relationto the sale of a vehicle where the proposed purchaserhas been in possession of that vehicle for a periodof not less than three months immediately precedingthe day of that sale.

(5) The Minister may, by notice published in theGazette, exempt a vehicle or a vehicle of a classfrom the provisions of subsection (1) of this sectionand may by notice published in a like mannerrevoke or amend any such exemption.

35. (1) A dealer may affix or attach to anysecond-hand vehicle offered or displayed for sale anotice, in the prescribed form, setting out withreasonable particularity any defect that he believesto exist in that vehicle together with, in relation toeach such defect his estimate of the fair cost ofrepairing or making good that defect.

(2) If(a) a notice referred to in subsection (1) of

this section has, at all material times, beenattached to a second-hand vehicle in thesame manner as is specified under sub-section (6) of section 33; and

(b) at or before the time of sale a copy of thatnotice has been signed by the purchaserand upon the sale a true copy of thatnotice as so signed has been delivered tothe purchaser for retention by him,

then subsection (1) of section 34 shall not applyto and in relation to that defect.


(3) If in any notice referred to in subsection (1)of this section the amount estimated by the dealeras the fair cost of repairing or making good anydefect is less than the amount of the fair cost ofrepairing or making good that defect the purchasermay sue for and recover the difference betweenthose fair costs as a debt due to the purchaser fromthe dealer.

36. If a dispute arises between a purchaser and Disputes.

dealer as to

(a) the extent of the obligations of the dealerunder section 34;

(b) the manner of the carrying out by thedealer of those obligations;

(c) the amount of the fair cost of repairing ormaking good any defect referred to insubsection (1) of section 35; or

(d) any other matter or thing, whether or notof the same kind as the foregoing, arisingout of the application of this Act,

the Commissioner may advise in writing both thedealer and the purchaser that he proposes todetermine the dispute under section 37 unless eitheror both of them object in writing to his so doing,within fourteen days.

37. (1) Where the Commissioner has advisedthe parties to a dispute that he proposes todetermine the dispute under this section and neitherparty has, within the time limited by section 36objected to his so doing, the Commissioner may hearand determine the dispute or the Commissioner mayappoint some person to hear and determine thedispute.

Hearing ofdispute byCommis-sioner.


(2) Without limiting the generality of the powersconferred on the Commissioner or person pursuantto subsection (1) of this section, where theCommissioner or person is satisfied

(a) that an obligation lies on the dealer undersection 34; and

(b) that the dealer has unreasonably-

(i) refused or failed to carry out thatobligation; or

(ii) delayed or prevaricated in the carry-ing out of that obligation,

the Commissioner or person may order that anydefect required to be repaired or made good undersection 34 shall be repaired or made good by aperson named in the order being a person otherthan the dealer, but the Commissioner or personshall not so order until

(c) not fewer than two quotations of the costof repairing or making good the defecthave been obtained; and

(d) where the dealer has alleged that neitherof those quotations is reasonable, thedealer has been afforded an opportunity topresent, within such time as the Commis-sioner or other person allows, anotherquotation of that cost.

(3) Where an order is made pursuant to subsection(2) of this section and the purchaser has pursuantto an order under that subsection contracted tohave the defect repaired or made good by a personother than the dealer, the dealer against whom thatorder was made shall be liable to indemnify thepurchaser against all costs or expenses payable bythe purchaser pursuant to that contract and theamount of such indemnity may be sued for andrecovered by the purchaser as a debt due from thedealer to the purchaser.


(4) Where an order is made pursuant to subsec-tion (2) of this section, notwithstanding any Act orlaw to the contrary the dealer shall not have a lienover the vehicle to which the order relates in rela-tion to any work done or purported to have beendone in repairing or making good any defect towhich the order relates.

(5) A person shall not wilfully make any false ormisleading statement or claim in or in relation toany hearing or determination under this section.

Penalty: Two hundred dollars.

38. (1) Where a dispute arises as to any matter lgielerenee

or thing referred to in section 36 and the dealer or tiilAtnt.

the purchaser has objected to the determination ofthe dispute by the Commissioner pursuant to thatsection, either party may apply to a Local Court forthe dispute to be heard and determined as a pro-ceeding in that court and upon such an applicationbeing made the court shall hear and determine thematter as expeditiously as possible.

(2) For the purposes of a proceeding referred toin subsection (1) of this section and subject to thissubsection the Local Court shall have and mayexercise all the powers and functions conferred onthe Commissioner under section 37 and that sectionshall apply and have effect as if in that section therewere substituted for each reference to the Commis-sioner a reference to the Local Court, but nothingin this section shall authorize or empower the LocalCourt to appoint some other person to hear anddetermine the dispute.

39. (1) Where

(a) a second-hand vehicle has been sold by adealer, not being a financier, to a pur-chaser; or

Rescissionof sale.


(b) a second-hand vehicle has been sold by afinancier to a purchaser and a dealer, notbeing a financier, arranged or procured thesale of the vehicle,

and the Commissioner is of opinion that the vehicleas so sold was substantially different from the vehicleas represented in a notice under section 33 or whereno such notice was displayed in relation to thevehicle, that the vehicle as so sold was substantiallydifferent from the vehicle as represented by thedealer, the Commissioner may apply to the LocalCourt for an order for rescission of the sale of thevehicle.

(2) An application under this section shall set outthe grounds on which it is made.

(3) After hearing the Commissioner or a repre-sentative of the Commissioner and affording anyother person likely to be affected by any order madeunder this section an opportunity of being heard,the Local Court may

(a) order that the sale be rescinded; and(b) make such further or consequential orders

(including an order as to the payment ofthe costs of the application) as to it seemnecessary or desirable.

(4) The power to make further or consequentialorders conferred on the Local Court by subsection(3) of this section shall extend to the making oforders concerning any collateral credit agreementassociated with the sale.

(5) In making any orders under subsection (3)of this section, the Local Court shall so far as ispossible apply the following principles in the follow-ing order:

(a) That there should be returned to thepurchaser-

(i) any moneys or other considerationpaid or provided by him under anyagreement for the sale (not being


moneys or other considerationobtained by him under a collateralcredit agreement associated with thesale for the purpose of being so paidor provided); and

(ii) any moneys or other considerationpaid or provided by him under anycollateral credit agreement associ-ated with the sale.

(b) That-

(i) where the vehicle was sold by a finan-cier, that financier; and

(ii) any person who has provided financeunder any collateral credit agree-ment associated with the sale,

should be indemnified by the dealer referredto in subsection (1) of this section againstany loss suffered by the financier or personin consequence of any order made by theLocal Court.

(c) That the vehicle should be returned to thedealer or the financier.

(6) Notwithstanding any Act or law to the con-trary, upon an order rescinding a sale being made,the rights and obligations of the parties under anycontract or agreement relating to the sale or underany contract or agreement relating to a collateralcredit agreement connected with the sale and, whereapplicable, of any dealer referred to in subsection(1) of this section who is not such a party, shall beas provided for in that order or in any order ancil-lary to or consequential upon that order and withoutlimiting the generality of the foregoing it shall notbe a bar, to the making of an order rescinding a sale,that one or more of those persons cannot be restoredto the position or positions that existed prior to thesale.


(7) In this section "collateral credit agreement"means a contract or agreement for the provision ofcredit by a person other than the dealer referred toin subsection (1) of this section for the purposes ofthe sale of a second-hand vehicle where that con-tract or agreement was arranged or procured by thatdealer.

Certificatesof road-worthiness.

40. (1) Where

(a) a dealer sells, or causes or permits the saleof, a second-hand vehicle to a purchaser;and

(b) by reason of the operation of section 20Bof the Traffic Act, 1919, the licence issuedunder that Act for the vehicle could notbe transferred to the purchaser unless acertificate of roadworthiness has beenobtained and is presented with the applica-tion for the transfer,

the dealer commits an offence unless, at the timethe sale is effected

(c) there is in force such a certificate ofroadworthiness for the vehicle which isvalid for not less than seven days after thattime; and

(d) that certificate is given to the purchaser.Penalty: One hundred dollars.

(2) Without affecting the liability of a person tobe proceeded against under subsection (1) of thissection, where in relation to the sale of a vehiclea dealer fails to comply with that subsection

(a) the transaction shall not by reason thereofonly be void or voidable; and

(b) the dealer is liable to pay the purchaser theamount of any costs reasonably incurredby the purchaser in obtaining such acertificate, including any costs reasonablyincurred in making the vehicle conform tothe standards necessary to enable such acertificate of roadworthiness to be obtained.


PART IV.---MISCELLANEOUS.

41. (1) A person shall not, in relation to thebusiness of buying or selling vehicles, carry out orgive effect to any undesirable practice.


(2) In this section an undesirable practice meansa practice prescribed to be an undesirable practiceby regulation under this Act.

42. For the purposes of this Act, any statementor representation made by an employee of a dealeror a person appearing to act on behalf of a dealer,including but not necessarily being a yard manageror salesman, in relation to the quality, descriptionor history of a vehicle offered or displayed for saleby that dealer shall be deemed to be such arepresentation or statement of the dealer.

43. (1) Where in respect of a contract oragreement in relation to a sale all or portion ofthe consideration passing from the purchaser isrepresented by a vehicle or other thing the dealershall give to the purchaser a note in writing ofthe monetary value he ascribes to that vehicle orthing.

Penalty: One hundred dollars.

Representa-tion byemployee ofdealer.

Value ofvehicle orthingtraded in.

(2) For the purposes of this Act or of anyproceedings under section 39 the value ascribedpursuant to subsection (1) of this section shall bethe value of that vehicle or thing.

44. (1) A person shall not submit or tender or Tender ofsuffer or permit to be submitted or tendered a Zrmentedocument, to which this section applies, to any signature.

person for his signature unless at the time of thesubmission or tendering all material particulars inthat document have been completed.



(2) This section applies to any document evidenc-ing or recording any contract or agreement for thesale of a vehicle or evidencing or recording anycollateral credit agreement as defined in section 39connected with such a sale.

45. (1) A person shall not, wilfully and withintent to enhance the value of a second-handvehicle

(a) alter or cause to be altered or connive inthe alteration of the reading of an odometeron the vehicle;

(b) state or represent as the year of manufac-ture of the vehicle a year other than theactual year of manufacture of the vehicle;

(c) state or represent as the year of firstregistration of the vehicle a year other thanthe actual year of first registration of thevehicle;

(d) state or represent as the model designationof the vehicle a model designation otherthan the actual model designation of thevehicle; or

(e) state or represent in any way that a vehiclewhich has been used as a taxi-car has notbeen so used.


(2) If in any proceedings for an offence that isa contravention of subsection (1) of this section itis proved that

(a) a second-hand vehicle, being a vehicle towhich Part III of this Act applies, wasoffered or displayed for sale by a dealer;and

(b) the distance travelled by the vehicle asascertained by reference to the reading ofthe odometer of the vehicle is less than thatdistance as ascertained by reference to thereading of the odometer of the vehicle setout in the notice displayed pursuant tosection 33 in relation to that vehicle,


it shall be presumed in the absence of proof to thecontrary that the dealer who so offered or displayedthe vehicle has wilfully altered or caused to bealtered or connived in the alteration of theodometer of the vehicle with intent to enhance thevalue of the vehicle.

(3) Where a dealer or a person concerned inmanagement or conduct of the business of a dealer,including but not necessarily being a yard manageror dealer, is convicted of an offence that is acontravention of subsection (1) of this section apurchaser who purchased the second-hand vehiclein respect of which that offence was committed fromthat dealer relying on

(a) the reading of the odometer of the vehicleas altered;

(b) the statement or representation as to theyear of manufacture of the vehicle; or

(c) the statement or representation as to theyear of first registration of the vehicle oras to the model designation of the vehicle,

as the case may be, may sue for and recover fromthe dealer so convicted as a debt due to him anamount equal to three times the prescribed amount.

(4) In subsection (3) of this section "theprescribed amount" means the amount determinedby the court hearing the matter as being thedifference between the sale price of the vehicle andits fair value at the time of the sale.

Sale ofvehicles bydescription,and impliedundertakingsas toquality orfitness.

46. (1) Subject to subsection (3) of this sec-tion

(a) where there is a contract for the sale bya dealer of a vehicle to a person bydescription, there is an implied conditionthat the vehicle will correspond with thedescription, and the sale of a vehicle is not


prevented from being a sale by descriptionfor the purposes of this paragraph byreason only that, being exposed for sale,the vehicle is selected by the purchaser;

(b) where a dealer sells a new vehicle to aperson, there is an implied condition thatthe vehicle is of merchantable quality,except that there is no such condition byvirtue only of this section-

(i) as regards defects specifically drawnto that person's attention before thecontract is made; or

(ii) if the person examines the vehiclebefore the contract is made, asregards defects which that examina-tion ought to reveal.

(2) Any term of a contract or agreement for thesale or supply of a vehicle to a person by a dealer(including a term that is not set out in thecontract or agreement, but is incorporated thereinby another term thereof) that purports to exclude,restrict or modify, or has the effect of excluding,restricting or modifying

(a) the application to that contract or agree-ment of all or any of the provisions ofsubsection (1) of this section;

(b) the exercise of a right conferred by sucha provision; or

(c) any liability of the dealer for breach of acondition or warranty implied by such aprovision,

is void.

(3) The provisions of subsection (1) of thissection do not extend to or in relation to

(a) any contract or agreement for the sale, orfor the hire and sale, of a vehicle which isin the form of a hire-purchase agreementto which the Hire-Purchase Act, 1959applies; or


(b) any contract or agreement for the sale ofa vehicle which-

(i) is not a vehicle to which Part III ofthis Act applies; or

(ii) is acquired by that person for thepurposes of re-sale.

47. Except as is expressly provided in this Act, ghetrs o rnothing in this Act shall have the effect of limiting, remedies.

restricting or otherwise affecting any right orremedy a person would have had had this Act notbeen enacted.

48. A person shall not without the prior consent 12 r=rof the Commissioner be competent to waive anyrights conferred on him by this Act.

49. Where a dealer incurs any costs or expensesby virtue of the operation of this Act in relation tothe sale of a second-hand vehicle, the dealer shallnot be entitled to be indemnified in respect of thosecosts or expenses by any antecedent owner, otherthan a trade owner, of that vehicle and anypurported contract or agreement of such indemnityshall, by force of this section, be void and of noeffect.

50. A member of the Board shall not otherwisethan in the exercise of his powers, duties orfunctions as such a member, disclose any informa-tion that has come to his knowledge in his capacityas such a member.


51. (1) The Chairman shall, on behalf of theBoard and of the Commissioner, as soon aspracticable after the first day of July in each year,submit to the Minister a report on the activitiesunder this Act of the Board and of the Commissionerfor the year ending on the thirtieth day of Junelast preceding.

Noindemnityfor dealer.

Disclosureby memberof theBoard.

Annualreports.


(2) The Minister shall cause the report to be laidon the Table of each House of Parliament withinfourteen days of its receipt, or if at that timeParliament is not in session, then within fourteendays of the commencement of the next session ofParliament.

Genera/provisionsrelating tooffences.

52. (1) Where any person contravenes or failsto comply with a provision of this Act, that personis guilty of an offence against this Act.

(2) A person who is guilty of an offence againstthis Act for which no specific penalty is providedelsewhere in this Act is liable to a penalty of twohundred dollars.

(3) Except as provided in subsection (3) ofsection 45, where a person, being a dealer (in thissubsection referred to as "the defendant"), isconvicted of an offence against this Act and thecourt by which he is convicted is of opinion thatsome other person was defrauded or sufferedpecuniary loss by reason of the commission of theoffence, the court may, in addition to imposing apenalty for the offence, order the defendant to payto that other person by way of recoupment of hisloss, such sum as the court thinks fit and specifiesin its order.

Liabilityof yardmanagerfor offencesby otherpersons atpremisesunder hissupervision.

53. (1) Notwithstanding any other law or ruleof law, where an offence against section 28 orsubsection (5) of section 30 is committed at anyregistered premises or in relation to the sale of avehicle which was offered or exposed for sale at anyregistered premises by a person (in this sectionreferred to as "the other person") other than theperson acting in the capacity of dealer or yardmanager for those premises, the yard manager isguilty of an offence against this Act in like manneras that person and may be proceeded against andconvicted accordingly unless he proves that he hadno knowledge of the commission of the offence andcould not, by the exercise of due diligence, haveprevented the commission of the offence.


(2) The yard manager may be proceeded againstand convicted pursuant to subsection (1) of thissection notwithstanding that the other person hasnot been proceeded against or has not been convictedunder this Act.

(3) Nothing in subsection (1) of this sectionprejudices or affects any liability imposed by orunder this Act on any person by whom an offenceagainst this Act is actually committed.

54. (1) Notwithstanding any other law or rule oflaw, where any person in the capacity of yardmanager or salesman employed or engaged by adealer or otherwise in the capacity as an employeeof a dealer commits an offence against this Act, thedealer is guilty of an offence against this Act in likemanner as the yard manager, salesman or employee(whether or not the offence was committed with-out the dealer's authority or contrary to the dealer'sorders or instructions) and may be proceededagainst and convicted accordingly unless he provesthat he had no knowledge of the commission of theoffence and could not, by the exercise of due dili-gence, have prevented the commission of the offence.

(2) The dealer may be proceeded against andconvicted pursuant to subsection (1) of this sectionnotwithstanding that the yard manager, salesmanor employee has not been proceeded against or hasnot been convicted under this Act.

(3) Nothing in subsection (1) of this sectionprejudices or affects any liability imposed by orunder this Act on any person by whom an offenceagainst this Act is actually committed.

Liabilityof dealer foroffences byemployees,etc.

55. (1) Where a corporation is convicted of an Offences by

offence against this Act, every person who at the corporations.

time of the commission of the offence was adirector or member of the governing authority of


the corporation or an officer concerned in themanagement of the corporation and who authorizedor permitted the commission of the offence is guiltyof the like offence.

(2) A person referred to in subsection (1) of thissection may, on the request of the complainant,be convicted on the proceedings on which thecorporation is convicted if the court is satisfiedthat the person had reasonable notice that thecomplainant intended to make that request.

Regulations. 56. (1) The Governor may make such regula-tions as are necessary or expedient for the purposesof giving effect to the provisions or objects of thisAct.

(2) Without limiting the generality of theprovisions of subsection (1) of this section, theregulations may

(a) prescribe any practice relating to thebusiness of buying or selling second-handvehicles that in the opinion of the Governoris an undesirable practice;

(b) prescribe the information and particularsthat shall be included in any advertisingmaterial relating to second-hand vehiclesand the form and manner in which thatinformation or those particulars shall beset out in that advertising material;

(c) prescribe fees to be payable and providefor and prescribe the forms to be used forthe purposes of this Act;

(d) prescribe the manner in which any noticeunder this Act shall be attached or affixedto a vehicle;

(e) provide for the form of a notice that shallbe affixed to a vehicle indicating thatthe vehicle has been exempted from theprovisions of subsection (1) of section 34;


(f) provide for and prescribe the method ofevidencing and the documents required toeffectuate sales of second-hand vehiclesbetween trade owners;

(g) require yard managers and salesmen togive notice of changes of employment orplaces of employment; and

(h) provide for and prescribe penalties notexceeding, in each case, two hundreddollars, for a contravention of or failureto comply with any provision of theregulations.

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MOTOR VEHICLE DEALERS