The Motor Vehicle Dealers Act allows Police and 'Authorised Officers' to enter the premises of a dealer and examine any second-hand vehicle. The Act also allows these officers to remove vehicles for road testing if required.
Should an inspecting officer find any defect that renders the vehicle unsafe or unroadworthy, he or she may issue an "Order To Remedy Defects" and may attach a notice prohibiting the sale of the vehicle ("the green sticker").
Any Order issued to dealers declaring a vehicle unfit for sale will specify the date by which the vehicle is required to be repaired. These vehicles must be repaired by the date specified in the order and presented to a Department of Transport vehicle inspection facility where it will be examined fully.
Alternatively, the dealer can choose to de-licence the vehicle by returning the number plates to a Department of Transport Driver and Vehicle Service Centre.
Note: It is an offence for a dealer to park a vehicle (of which he or she is the trade owner), at a place other than his or her authorised premises during any hours when the dealer is lawfully able to keep their authorised premises open to the public.
- A penalty of $2,000 applies for failing to comply with a work order or for removing or obliterating a notice attached to a vehicle.
- A penalty of $5,000 applies if a vehicle is sold before it is repaired and the order cleared.
- If the order is not cleared, the vehicle can only be sold for the purposes of breaking-up (wrecking).
- A penalty of $5,000 applies for a dealer who causes or permits a second-hand vehicle to be kept or parked elsewhere, other than at the authorised premises.
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