New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 46

46 Certificate of inspection

(1) This section does not apply to or in respect of the sale of:

(a) a motor vehicle to a trade owner,

(a1) a substantially demolished or substantially dismantled motor vehicle by an auto-dismantler,

(b) a motor vehicle by bona fide auction, or

(c) a motor vehicle if, at any time within 1 month preceding the sale, the vehicle was registered for the first time under and in accordance with the regulations or the registration of the vehicle was renewed under and in accordance with the regulations.

(2) Subject to subsection (3), a dealer shall not sell a motor vehicle to which any number-plate is attached unless, at or before the time of the sale, an inspection report issued in respect of the vehicle not more than 1 month (or such other period as may be prescribed by the regulations) before the sale of the vehicle which states that the vehicle has been found to be roadworthy is delivered to the purchaser for retention by the purchaser.

(2A) Subject to subsection (3), a car market operator shall not permit a motor vehicle to which any number-plate is attached to be offered or displayed for sale at a place at which the operator, at the time of the offer or display, carries on the business of a car market operator, unless an inspection report issued in respect of the motor vehicle not more than 1 month (or such other period as may be prescribed by the regulations) before the date on which the car market operator first permitted the vehicle to be offered or displayed for sale which states that the vehicle has been found to be roadworthy is in the possession of the person offering or displaying the vehicle for sale.

(3) In proceedings for an offence under subsection (2) or (2A) it is a defence if the accused person proves that the motor vehicle concerned was sold to an auto-dismantler or motor vehicle parts reconstructor for the purpose of being demolished or dismantled.

(3A) A dealer shall not offer or display for sale or sell a motor vehicle to which no number-plate is attached unless there is displayed with the vehicle:

(a) a certificate or receipt as to the surrender of the number-plates issued by the Roads and Traffic Authority or by a person authorised under a law in force in any other State, or a Territory, of the Commonwealth to issue any such certificate or receipt, or

(b) a declaration by the dealer in or to the effect of the prescribed form.