Australian Capital Territory Numbered Acts

SALE OF MOTOR VEHICLES (AMENDMENT) ACT (NO 48 OF 1995)

TABLE OF PROVISIONS

           Long Title

   1.      This Act may be cited as the Sale of Motor Vehicles (Amendment) Act 1995.  
   3.      In this Act, “Principal Act” means the Sale of Motor Vehicles Act 1977.1  
   4.      Section 3 of the Principal Act is amended—  
   5.      Section 4 of the Principal Act is repealed.  
   6.      Section 5B of the Principal Act is amended by adding at the end of subsection (3) the following paragraph:  
   7.      The heading to Part II of the Principal Act is amended by omitting “DEALERS” and substituting “A DEALER, WHOLESALER OR CAR MARKET OPERATOR”.  
   8.      Before section 7 of the Principal Act the following section is inserted in Part II:  
   9.      Sections 7, 8 and 9 of the Principal Act are repealed and the following sections substituted:  
   10.     Section 10 of the Principal Act is amended—  
   11.     Section 11 of the Principal Act is amended—  
   12.     Section 12 of the Principal Act is repealed and the following sections are substituted:  
   13.     Section 13 of the Principal Act is amended—  
   14.     Section 14 of the Principal Act is amended—  
   15.     After section 14 of the Principal Act the following sections are inserted in Part II:  
   16.     Section 15 of the Principal Act is repealed and the following section substituted:  
   17.     Section 16 of the Principal Act is amended—  
   18.     Section 17 of the Principal Act is amended—  
   19.     Section 18 of the Principal Act is amended by omitting “licensed dealer” (wherever occurring) and substituting “licensee”.  
   20.     Section 19 of the Principal Act is amended—  
   21.     Section 20 of the Principal Act is amended—  
   22.     Section 21 of the Principal Act is amended—  
   23.     Section 22 of the Principal Act is amended by omitting the penalty provision and substituting the following penalty provision:  
   24.     (1) Sections 23, 24 and 25 of the Principal Act are repealed and the following sections substituted:  
   25.     Section 26 of the Principal Act is amended—  
   26.     Section 31 of the Principal Act is amended—  
   27.     Section 32 of the Principal Act is amended by omitting the penalty provision at the foot of subsection (1) and substituting the following penalty provision:  
   28.     Section 33 of the Principal Act is amended—  
   29.     Section 34 of the Principal Act is amended by adding at the foot of the section the following penalty provision:  
   30.     Section 35 of the Principal Act is amended by adding at the foot of the section the following penalty provision:  
   31.     Section 38 of the Principal Act is amended—  
   32.     Section 39 of the Principal Act is amended by adding at the foot of the section the following penalty provision:  
   33.     Section 40 of the Principal Act is amended by adding at the foot of the section the following penalty provision:  
   34.     Section 41 of the Principal Act is amended—  
   35.     Section 42 of the Principal Act is amended—  
   36.     Section 43 of the Principal Act is amended by adding at the foot of subsection (2) the following penalty provision:  
   37.     Section 45 of the Principal Act is amended—  
   38.     After section 45 of the Principal Act the following section is inserted:  
   39.     Section 46 of the Principal Act is amended—  
   40.     Section 47 of the Principal Act is amended—  
   41.     Section 49 of the Principal Act is amended—  
   42.     Section 51 of the Principal Act is amended by omitting the penalty provision at the foot of subsection (1) and substituting the following penalty provision:  
   43.     Section 52 of the Principal Act is amended by omitting the penalty provision at the foot of subsection (1) and substituting the following penalty provision:  
   44.     Section 55 of the Principal Act is amended—  
   45.     Section 57 of the Principal Act is repealed and the following section substituted:  
   46.     Section 58 of the Principal Act is amended by omitting “the Australian Capital Territory Motor Vehicle Dealers Compensation Fund established under section 62A of the Audit Act 1901 of the Commonwealth” and substituting “the Trust Account known as the Australian Capital Territory Motor Vehicle Dealers Compensation Fund as affected by section 15 of the A.C.T. Self-Government (Consequential Provisions) Act 1988 of the Commonwealth”.  
   47.     Section 59 of the Principal Act is amended by omitting “or renew a licence” and substituting “to a dealer or renew a licence held by a dealer”.  
   48.     Section 64 of the Principal Act is amended by omitting from subsections (1) and (2) “the Commonwealth” and substituting “the Territory”.  
   49.     Section 65 of the Principal Act is amended by omitting “the Commonwealth” (wherever occurring) and substituting “the Territory”.  
   50.     Part X of the Principal Act is repealed and the following Part substituted:  

   PART X--ENFORCEMENT INTERPRETATION

   51.     Before section 72 of the Principal Act the following section is inserted in Part XI:  
   52.     Section 72 of the Principal Act is amended by omitting “prescribed” and substituting “determined”.  
   53.     Sections 73, 74 and 75 of the Principal Act are repealed and the following sections substituted:  
   54.     Section 76 of the Principal Act is repealed and the following section substituted:  
   55.     Section 77 of the Principal Act is amended by omitting from subsection (2) the definition of “relevant person” and substituting the following definition:“ ‘relevant person', in relation to the performance of a function by an inspector under section 76 at the premises of a licensee, means the licensee or another person referred to in subsection 76 (3) or (4).”.  
   56.     Section 78 of the Principal Act is amended by omitting “prescribed” and substituting “determined”.  
   57.     Sections 79 and 80 of the Principal Act are repealed and the following sections substituted:  
   58.     Section 81 of the Principal Act is amended by omitting the penalty provision and substituting the following penalty provision:  
   59.     Section 83 of the Principal Act is amended by omitting “licensed dealer” and substituting “licensee”.  
   60.     Sections 85 and 86 of the Principal Act are repealed.  
   61.     Section 87 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:  
   62.     After section 89 of the Principal Act the following section is inserted:  
   63.     Section 91 of the Principal Act is repealed.  
   64.     The Principal Act is amended by inserting after section 92 the Schedule set out in Schedule 1 to this Act.  
   65.     The Schedule at the end of the Principal Act is amended—  
   66.     The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.  
   67.     The Principal Act is further amended as set out in Schedule 3.  
   68.     (1) Notwithstanding the amendments effected by this Act, where immediately before the commencement of section 5, 2 or more persons carried on the business of a dealer in partnership, those persons—  
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