Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"relevant sale" means a sale referred to in section 23 (1).
(2) Section 23 (1) does not apply in relation to a defect—
(a) occurring in—
(i) a tyre or battery; or
(ii) an accessory fitted to a motor vehicle; or
(b) arising from or incidental to any accidental damage to a motor vehicle that occurred after the relevant sale when the vehicle was not in the possession of the dealer; or
(c) arising from misuse or negligence on the part of a driver of a motor vehicle, or arising from the use of a motor vehicle for motor racing or motor rallying, that occurred after the relevant sale of the vehicle; or
(d) appearing or occurring in an accessory that was not fitted to or supplied with a motor vehicle at the time of the relevant sale of the vehicle.
(3) For a second-hand motor vehicle, section 23 (1) does not apply in relation to any superficial damage to the paintwork or upholstery of the vehicle that would have been apparent on a reasonable inspection of the vehicle carried out at the time of the relevant sale of the vehicle.
(4) Section 23 (1) does not apply in relation to the sale of—
(a) a second-hand motor vehicle if the purchaser has been in possession of the vehicle for not less than 3 months immediately before the day of the relevant sale; or
(b) a commercial vehicle; or
(c) a substantially demolished or substantially dismantled motor vehicle.
(5) If the proposed purchaser (the buyer ) of a new motor vehicle is in possession of the vehicle for a period immediately before the day when the buyer purchases the vehicle from a dealer then, for section 23 (1), the buyer shall be taken to have purchased the vehicle on the day when the buyer first acquired that possession.
(6) Section 23 (1) does not apply in relation to a motor vehicle if—
(a) the motor vehicle or a class of motor vehicles that include the motor vehicle has been declared by the Minister, in writing, to be a motor vehicle or a class of motor vehicles in relation to which section 23 (1) does not apply; and
(b) a copy of the notice is attached to the vehicle at all material times when the vehicle is offered or displayed for sale by the dealer.
(7) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(8) If, because of a declaration by the Minister under subsection (6), a dealer would not be liable under section 23 (1) in relation to a defect in a motor vehicle if the dealer were to sell that vehicle, a licensed dealer shall not offer or display that vehicle for sale unless a notice in accordance with the exemption notice form approved under section 93 (Approved forms) that complies with the requirements of subsection (9) is attached to the motor vehicle.
Maximum penalty: 10 penalty units.
(9) The notice shall contain letters at least 5mm in height and shall in all other respects comply with the requirements of section 24 (6) as if it were a notice attached to a motor vehicle in accordance with section 24 (2).
(10) If a licensed dealer sells a motor vehicle referred to in subsection (8), the dealer shall—
(a) sign 2 copies of the notice referred to in that subsection; and
(b) keep 1 copy of the notice for 3 years from the date of the sale; and
(c) give the purchaser the other copy of the notice.
Maximum penalty: 5 penalty units.
(11) For subsection (10), if the motor vehicle has been sold to the purchaser by the employee or agent of the dealer, compliance by the employee or agent with a requirement of that subsection shall be taken to be compliance by the dealer with that requirement.