Australian Capital Territory Consolidated Acts

SALE OF MOTOR VEHICLES ACT 1977 - SECT 31

    (1)     A dealer shall not—

        (a)     sell a second-hand motor vehicle or an interest in a
second-hand motor vehicle for or on behalf of a person who is not a trade owner; or

        (b)     offer or display for sale a second-hand motor vehicle for or on behalf of such a person;

unless he or she is authorised in writing in that behalf in accordance with this section by the owner of the vehicle or interest.

Maximum penalty: 10 penalty units.

    (2)     A written authority under this section shall be prepared in duplicate and shall—

        (a)     be signed by the owner and by or on behalf of the dealer; and

        (b)     bear the date when it is signed by the owner; and

        (c)     contain a full statement of the terms of the authority to sell the motor vehicle or interest; and

        (d)     sufficiently describe the vehicle; and

        (e)     contain a full statement of the commission or other remuneration to which the dealer is or is to be entitled.

    (3)     A dealer who is given a written authority under this section—

        (a)     shall return 1 copy to the owner; and

        (b)     shall keep 1 copy until the end of 3 years after any sale is effected by him or her in reliance on the written authority.

Maximum penalty: 5 penalty units.

    (4)     A written authority under this section shall cease to have effect on the end of 90 days from the day when it is signed by the owner.

    (5)     A dealer shall not be entitled to any commission or other remuneration in relation to a sale of a second-hand motor vehicle or an interest in a second-hand motor vehicle effected by the dealer for or on behalf of another person unless—

        (a)     the sale is effected in accordance with a written authority complying with this section; and

        (b)     the dealer, in relation to that sale has complied with subsection (3) (a).