Motor Vehicle Dealers Act
21. Dealer's premises and advertisements to bear name and number
A dealer must include the business name and dealer's licence number:
On a sign of reasonable dimensions at every authorised premises, and,
In every advertisement published by him or on his behalf.
Penalty: $1 500.
27. Inspection of second-hand vehicles
Except in certain circumstances, dealers must keep their second-hand, trade owned vehicles at their authorised premises.
Penalty: $5 000.
31A and 31B. Yard managers to be licensed
A person cannot work for a dealer as a Yard Manager or a Salesperson, unless he or she holds a Yard Managers or Salespersons licence, or an Interim Authorisation.
Penalty: $5 000 and a daily penalty of $100.
31C. Unlicensed person not to be employed
A dealer cannot employ or engage an unlicensed Yard Manager or Salesperson.
Penalty: $5 000 and a daily penalty of $100.
Division 2, Sales on consignment
The obligations on dealers selling vehicles on consignment are extensive. Any dealer doing so should be conversant with the whole of Division 2 of the Motor Vehicle Dealers Act, and Part 3 - Trust Accounts in the Motor Vehicle Dealers (Sales) Regulations 1974.
Maximum penalties of up to $5 000 apply to offences under these provisions.
32B and 42A. Agreements for sale of vehicles by dealer
A dealer cannot sell a vehicle, unless the contract or agreement for the sale of that vehicle is in writing, signed by all parties, and includes the prescribed particulars, terms and conditions.
Penalty: $5 000.
45. Odometer tampering
It is an offence for any person to willfully and with intent to deceive another person, alter, cause to be altered, or connive in the alteration of the reading of an odometer on the vehicle.
Penalty $50 000.
Motor Vehicle Dealers (Sales) Regulations 1974
Where a dealer advertises a second-hand vehicle for sale, the advertisement must contain;
- The registration number of the second-hand vehicle,
- The year of manufacture,
- The cash price, and
- The address of the dealer's authorised premises.
Penalty $2 000.