Australian Capital Territory Consolidated Acts

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SALE OF MOTOR VEHICLES ACT 1977 - SECT 32D

Search certificates and notice

    (1)     For this Act and any other Territory law, a person who obtains a certificate under the NSW Act, section 8 for a motor vehicle—

        (a)     is taken to have made, on the date of the certificate, a proper search of the register of interests, for registrable interests in the vehicle, if the result of the search is correctly reflected in the certificate; and

        (b)     is not affected by notice of information (other than the information in the certificate) about a registrable interest in the vehicle only because the person fails to do a further search in the register of interests before the end of the day after the day the certificate is issued.

    (2)     For this Act or any other Territory law, a person is not taken to be affected by notice of a registrable interest in a motor vehicle only because the person or anyone else fails—

        (a)     to search a register or record kept under any law in force in the ACT (other than a search under the NSW Act); or

        (b)     to make any other search, inquiry or inspection.

    (3)     For subsection (2), it does not matter that the person ought reasonably to have made the search, inquiry or inspection.

    (4)     In a proceeding—

        (a)     a certificate that appears to be issued under the NSW Act, section 8 (1) or (5) is evidence of the matters stated in the certificate; and

        (b)     a document that appears to be a certificate issued under the NSW Act, section 8 (1) or (5) is taken to be a certificate, unless the contrary is proved.

    (5)     An action does not lie against the Territory, New South Wales, the director-general or a person engaged in the administration of this Act or the NSW Act, for the reliability of any information given by the director-general or an administrator in relation to a matter that may be recorded under the NSW Act, section 5 (3).



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