New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 46A

46A Loss of or damage to vehicle being repaired under warranty

(1) Where a motor vehicle is delivered by a person to a dealer for the purpose of enabling the dealer to carry out any obligation under section 27 on the part of the dealer with respect to the vehicle or to investigate and assess the nature and extent of any such obligation, the dealer shall, except as provided by subsection (2), be liable for any loss of or damage to the vehicle occurring between the time of delivery by the person of the vehicle to the dealer and the time of delivery by the dealer of the vehicle to the person, whether or not, at the time at which the loss or damage occurred, the vehicle was in the possession of the dealer or any other person employed by, associated with or engaged by the dealer.

(2) A dealer shall not be liable under subsection (1) if the dealer proves that he or she took all such measures as were reasonably practicable to prevent the loss of or damage to the vehicle.