New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 23B

23B Sale by auction of vehicles to which number-plates are attached

(1) A person must not, by auction or in relation to a proposed auction, offer or display for sale, or sell, a motor vehicle to which any number-plate is attached unless there is attached to the vehicle, in the prescribed manner, an inspection report, issued in respect of the vehicle not more than 1 month before the date of the auction or proposed auction, to the effect that the vehicle was found to be roadworthy at the time of the issue of the report.

(2) Subsection (1) does not have effect in relation to a motor vehicle offered or displayed for sale, or sold, at an auction or in relation to a proposed auction if:

(a) at the times when the vehicle is offered or displayed for sale there is attached to the vehicle or displayed at the place where the vehicle is offered or displayed for sale, in the prescribed manner, a notice in the prescribed form, and

(b) the terms of the notice are complied with, and

(c) the purchase price of the vehicle is not altered from that which was bid at the auction or which was subsequently negotiated, and

(d) the purchaser is not required to meet any part of the cost of repairs to the vehicle required before it is possible to comply with the terms of the notice.

(3) This section does not have effect in relation to:

(a) a motor vehicle offered or displayed for sale, or sold, at an auction or proposed auction if, at any time within 1 month before the auction or proposed auction, the vehicle was registered for the first time (or the registration of the vehicle was renewed) under the Road Transport (Vehicle Registration) Act 1997 , or

(b) the offer or display to a trade owner of a motor vehicle for sale at an auction or proposed auction, or

(c) the sale of a motor vehicle to a trade owner by the acceptance of an offer referred to in paragraph (b).