Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 52

Particulars to be displayed

52. Particulars to be displayed



(1) A motor car trader must not offer or display for sale, or authorize or
permit to be so offered or displayed, a used motor car (not being a commercial
vehicle, veteran motor car, vintage motor car or classic and historic motor
car) unless there is attached to that motor car a notice in the prescribed
form containing the required particulars.

Penalty: 10 penalty units.

(2) The following are the required particulars-

   (a)  the name and business address of the current owner of the motor car;

   (b)  if the last owner of the motor car was a motor car trader or a special
        trader, the name and business address of that trader or special
        trader;

(ba) if the last owner of the motor car was neither a motor car trader nor a
special trader and the name and address of the last owner are known to the
motor car trader, the words "Name and address available upon request";

   (c)  if the motor car is equipped with an odometer, the distance travelled
        by the motor car entered by the motor car trader in the dealings book
        when the trader acquired the motor car or received custody or
        possession of the motor car for the purpose of sale (as the case may
        be);

   (d)  except in the case of a motor car offered or displayed for sale at a
        public auction, the cash price of the motor car;

   (e)  the year of first registration of the motor car;

   (f)  the model designation (if any) of the motor car;

   (g)  such other particulars as are prescribed.

(3) If the Director is satisfied that-

   (a)  a used motor car has been brought from a place outside Victoria for
        the purpose of sale; and

   (b)  any of the required particulars are not available to the motor car
        trader-

the Director may, by notice in writing, direct that such of the required
particulars referred to in that notice need not be contained in the notice
required by subsection (1) and the omission by a person of those required
particulars does not constitute an offence against the provisions of
subsection (1).

(4) A person must not insert, or authorize or permit to be inserted, in any
notice under subsection (1) any statement or representation that is false or
misleading in a material particular.

Penalty: 10 penalty units.

(5) If a motor car is offered or displayed for sale by a licensed motor car
trader on behalf of another motor car trader and the licensed motor car trader
complies with subsection (1), the other motor car trader is deemed to have
complied with that subsection.

(6) On the sale of a used motor car to which subsection (1) applies, the motor
car trader must ensure that the purchaser signs a copy of the prescribed form
referred to in that subsection and, subject to and in accordance with the
regulations, must retain the copy.

Penalty applying to this subsection: 10 penalty units.

(7) In this section commercial vehicle does not include a motor car that has a
vehicle category code of NA stamped on its compliance plate (regardless of
whether that code appears by itself or in combination with one or more
numbers).