Australian Capital Territory Consolidated Acts

SALE OF MOTOR VEHICLES ACT 1977 - SECT 27

    (1)     Subject to this section, if in relation to the sale of a motor vehicle by a licensed dealer—

        (a)     a dispute arises between the purchaser and the licensed dealer; and

        (b)     the purchaser or the licensed dealer requests the registrar to give his or her opinion in relation to the dispute;

the registrar shall—

        (c)     consider the request and any books, documents or writings submitted to the registrar, and any oral or written submissions made to the registrar, by the purchaser or the licensed dealer; and

        (d)     give his or her opinion in relation to the dispute.

    (2)     A request under subsection (1) shall be in writing signed by the person making the request and shall contain full details of the subject matter of the dispute in relation to which the opinion of the registrar is sought.

    (3)     For the purpose of giving an opinion under subsection (1), the registrar may consult with any person who, in the opinion of the registrar, has knowledge or skills that would be of assistance to the registrar.

    (4)     An opinion of the registrar under subsection (1) shall be in writing signed by the registrar and shall contain a statement of the registrar's findings in relation to the dispute and the action that the registrar recommends should be taken to determine the dispute.

    (5)     If the registrar gives an opinion under subsection (1), the registrar shall send a copy of the opinion by post to each of the purchaser and the licensed dealer at his or her place of residence or business last known to the registrar.

    (6)     The registrar shall not give an opinion under subsection (1) in relation to a dispute if—

        (a)     proceedings in relation to that dispute are pending in a court; or

        (b)     the subject matter of the dispute has previously been determined by a court.

    (7)     An action or proceeding, civil or criminal, does not lie against the registrar or the deputy registrar for or in relation to any act or thing done honestly by the registrar or the deputy registrar in, or in connection with, the giving of an opinion under this section.