Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 38

Odometer tampering

38. Odometer tampering



(1) A person must not-

   (a)  tamper with any instrument or device in a motor car for the recording
        of distance travelled by a motor car; or

   (b)  install in substitution for an instrument or device in a motor car for
        recording the distance travelled by the motor car another instrument
        or device for recording the distance travelled by the motor car.

Penalty: In the case of a natural person-240 penalty units or imprisonment for
2 years or both. In the case of a body corporate-1000 penalty units.

(2) If it is proved that any instrument or device in a motor car for recording
the distance travelled by the motor car has been tampered with or substituted
whilst the motor car has been on the premises of a motor car trader or in the
possession, custody or control of a motor car trader, the tampering or
substitution shall be deemed to have been done by or on behalf of the motor
car trader.

(3) It is a defence to a prosecution under subsection (1) for the person
charged to prove that the tampering or substitution was not done with intent
to deceive by or on behalf of the person charged.

(4) A person must not, in the course of selling or exchanging a motor car,
falsely represent the accuracy of an odometer reading of the car.

Penalty: In the case of a natural person, 100 penalty units. In the case of a
body corporate, 500 penalty units.