Australian Capital Territory Consolidated Acts

SALE OF MOTOR VEHICLES ACT 1977

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   2A.     Notes  
   3.      When is a motor vehicle sold or manufactured etc  
   4A.     Application of Act to motor dealings by Territory  
   5.      Registrar of Motor Vehicle Dealers  
   5A.     Deputy Registrar of Motor Vehicle Dealers  
   5B.     Inspectors  
   5C.     Identity cards  
   6.      Register of licences  
   6AA.    Keeping of register  

   PART 2--LICENCES TO CARRY ON BUSINESS AS DEALER, WHOLESALER OR CAR MARKET OPERATOR

   6A.     Meaning of dealer  
   7.      Licensing of dealers  
   7A.     Licensing of wholesalers  
   7B.     Licensing of car market operators  
   8.      Eligibility for grant of licences to individuals  
   9.      Eligibility for the grant of licences to corporations  
   10.     Applications for licences by individuals  
   11.     Applications for licences by corporations  
   11A.    Identification of applicant or executive officer  
   11B.    Notification of application  
   13.     Grant or refusal of licence  
   14.     Issue of licences  
   14A.    Eligibility for renewal of licences  
   14B.    Applications for renewal of licences  
   14C.    Grant or refusal of renewal of licences  
   14D.    Renewal of licences  
   14E.    Variation of licences  

   PART 3--DEALINGS IN MOTOR VEHICLES

   15.     Licensees to maintain dealings register  
   16.     Information to be recorded in dealings register  
   17.     Giving incorrect information to licensee  
   18.     Telling people about Act's requirements  
   19.     Dealings with persons under 18 years  
   20.     Dealer to attach notice to second-hand vehicle  
   21.     Action by dealer on sale of second-hand motor vehicle  
   22.     Sale of vehicle if odometer replaced or distance altered  
   23.     Obligations of dealer to repair defects in motor vehicles  
   24.     Excluded defects  
   25.     Exceptions  
   25A.    Obligations of dealer to repair defects in motorcycles  
   25B.    Cooling-off period  
   26.     Sales between dealers and wholesalers  
   27.     Registrar may give opinion on disputes  
   31.     Authority to dealer to sell as agent  

   PART 4--SALE OF SECOND-HAND MOTOR VEHICLES GENERALLY

   32.     Offences by vendors  

   PART 4A--REGISTRATION OF INTERESTS IN MOTOR VEHICLES

   32A.    Definitions for pt 4A  
   32B.    Expressions in pt 4A have same meanings as in NSW Act  
   32C.    Registration of interests  
   32D.    Search certificates and notice  
   32E.    Purchasing motor vehicle with registrable interest  
   32F.    Liability of dealer to creditor if registrable interest defeated  
   32G.    Effect of part payment at time of acquisition  
   32H.    Revival of registrable interest on rescission of contract  
   32I.    Contracting out of operation of pt 4A etc  

   PART 5--TRUST ACCOUNTS

   33.     Payment of money into trust account  
   34.     Procedure if part of consideration is not money  
   35.     Application of money in trust account  
   36.     Protection of trust money  
   37.     Provisions applying to banks etc  
   38.     Accounting records  
   39.     Receipts for trust money  
   40.     Audit of trust accounts  
   41.     Auditor's report  
   42.     Qualification of auditors  
   43.     Withdrawals—deficiency suspected  

   PART 6--CHANGE OF EXECUTIVE OFFICERS OF CORPORATE LICENSEES

   45.     Intended change of executive officers—notification and  
   46.     Change of executive officers  
   47.     Cancellation of licences by registrar  

   PART 6A--DISCIPLINARY PROCEEDINGS

   48.     When registrar may take action in relation to licences  
   48A.    Procedures for registrar taking action in relation to licences  

   PART 7--INQUIRIES BY REGISTRAR

   49.     Inquiries  
   50.     Power to summon witnesses  
   51.     Failure to attend or to produce documents  
   52.     Refusal to be sworn or give evidence  
   53.     Protection of representatives, witnesses etc  
   54.     Protection of registrar and deputy registrar  
   55.     Fees and expenses to witnesses  
   56.     Registrar may inspect books etc  

   PART 8--REVIEW BY THE ADMINISTRATIVE APPEALS TRIBUNAL

   57.     Review by administrative appeals tribunal  

   PART 9--MOTOR VEHICLE DEALERS COMPENSATION FUND

   60.     Certain persons may apply for compensation  
   61.     Registrar to determine applications  
   62.     Registrar to notify applicant of determination  
   63.     Review of determination  
   64.     Payment of compensation  
   65.     Subrogation  

   PART 10--OFFENCES

   68.     Offence by employee—liability of employer  
   69.     Institution of proceedings  

   PART 10A--ENFORCEMENT

           Division 10A--.1 General

   70.     Definitions—pt 10A  

           Division 10A--.2 Powers of inspectors

   70A.    Power to enter premises  
   70B.    Production of identity card  
   70C.    Consent to entry  
   70D.    General powers on entry to premises  
   70E.    Power to seize things  
   70F.    Power to require name and address  

           Division 10A--.3 Search Warrants

   70G.    Warrants generally  
   70H.    Warrants—application made other than in person  
   70I.    Search warrants—announcement before entry  
   70J.    Details of search warrant to be given to occupier etc  
   70K.    Occupier entitled to be present during search etc  
   70L.    Use of electronic equipment at premises  
   70M.    Person with knowledge of computer or computer system to assist access  
   70N.    Securing electronic equipment  
   70O.    Copies of seized things to be provided  

           Division 10A--.4 Return and forfeiture of things seized

   70P.    Receipt for things seized  
   70Q.    Moving things to another place for examination or processing under search  
   70R.    Access to things seized  
   70S.    Return of things seized  
   70T.    Forfeiture of seized things  
   70U.    Application for order disallowing seizure  
   70V.    Order for return of seized thing  

           Division 10A--.5 Miscellaneous

   70W.    Damage etc to be minimised  
   70X.    Compensation for exercise of enforcement powers  

   PART 11--MISCELLANEOUS

   72.     Issue of copy of licence  
   73.     Display of licence and notice  
   73A.    Return of licence  
   74.     Notification of beginning or ceasing of business at a place  
   79.     Advertisements by licensed dealers  
   79A.    Advertisements by licensed car market operators  
   81.     Submission of documents for signature  
   82.     Licensed dealer not to be indemnified by antecedent owner  
   83.     Contracting out  
   84.     Other rights and remedies preserved  
   88.     Evidence of licensing  
   89.     Requirement by registrar or inspector  
   89A.    Temporary revival of licence following death of licensee  
   91.     Determination of fees and charges  
   92.     Exemption of vehicles from Act  
   93.     Approved forms  
   94.     Delegation by registrar  
   95.     Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES