Australian Capital Territory Consolidated Acts

SALE OF MOTOR VEHICLES ACT 1977 - SECT 3

For this Act—

        (a)     if—

              (i)     a motor vehicle is made the subject of a hire-purchase agreement; or

              (ii)     a person enters into an agreement with another person for the letting out on hire to that person of a new motor vehicle;

then—

              (iii)     the motor vehicle shall be deemed to be sold to the hirer by the owner of the motor vehicle; and

              (iv)     the sale shall be taken to be made when the agreement is entered into; and

              (v)     the hirer shall be taken to be the purchaser of the vehicle; and

        (b)     if a financier sells, or is deemed to have sold, a motor vehicle to a person other than a trade owner (the purchaser ), any other person—

              (i)     who sold that vehicle to the financier in the expectation that the financier would sell the vehicle to the purchaser or would, in relation to that vehicle, enter into an agreement with the purchaser of a kind referred to in paragraph (a); or

              (ii)     by whom or on whose behalf negotiations leading to the making of the sale were carried out; or

              (iii)     by whom or on whose behalf the transaction leading to the sale was arranged;

shall be deemed to have sold the vehicle to the purchaser as the agent of the financier; and

        (c)     if—

              (i)     a corporation enters into an agreement with a person for the letting out on hire to that person of a new motor vehicle; and

              (ii)     that corporation is not a dealer but is, for the Corporations Act, deemed to be related to another corporation and that other corporation is a dealer;

the corporation that enters into the agreement shall be liable to the hirer in all respects as if the corporation were a dealer unless, in accordance with paragraph (b), another person who is a dealer is deemed to have sold the vehicle as agent of that corporation; and

        (d)     a motor vehicle shall be deemed to have been manufactured on or after a particular date if any process in the manufacture of the vehicle is carried out on or after that date; and

        (e)     a motor vehicle shall be taken to have been sold notwithstanding that all or part of the consideration that passed from the purchaser in relation to the sale is represented by another vehicle or other thing.