New South Wales Consolidated Acts

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MOTOR DEALERS ACT 1974 - SECT 26

Defences

26 Defences

In proceedings for an offence under section 24 it is a defence if:

(a) in the case of the omission of any prescribed particular from a notice referred to in that section, the accused person proves that the motor vehicle concerned was brought into New South Wales for the purpose of resale and that the prescribed particular omitted was unknown to the person and could not, with reasonable diligence, be ascertained by the person, or
(b) in the case of the inclusion in any such notice of a prescribed particular that is false or misleading in a material particular, the accused person proves that the accused person took all reasonable steps to ascertain the true particulars and that those included were, to the best of the person’s knowledge and belief, true.



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