Second-hand Vehicle Dealers Act 1995 (SA)

South Australia Second-hand Vehicle Dealers Act 1995 An Act to regulate dealing in second-hand motor vehicles; to repeal the Second-hand Motor Vehicles Act 1983; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 3A Close associates 4 Application of Act 5 Non-derogation 6 Commissioner responsible for administration of Act Part 2—Licensing of dealers Division 1—Grant of licences 7 Dealers to be licensed 8 Application for licence 9 Entitlement to be licensed 10 Reviews 11 Duration of licence and annual fee and return 12 Requirements for insurance 13 Incorporated dealer's business to be properly managed and supervised 13A Salespersons Division 2—Notification of dealer's business premises 14 Notification of business premises Part 2A—Suspension or variation of licence in urgent circumstances 14A Commissioner may suspend or impose conditions on licence in urgent circumstances Part 2B—Cancellation, suspension or variation of licence 14B Commissioner may cancel, suspend or impose conditions on licence Part 3—Dealing in second-hand vehicles Division 1—Sales other than by auction Subdivision 1—Application of Division 15 Application of Division Subdivision 2—Notices and form of contract 16 Notices to be displayed 17 Form of contract 18 Notices to be provided to purchasers of second-hand vehicles Subdivision 3—Cooling‑off 18A Interpretation 18B Cooling‑off 18C Legal title to vehicle remains with dealer during cooling‑off period 18D Trade‑in vehicles 18E Option to purchase vehicle subject to contract for sale Division 2—Sales by auction 19 Interpretation 20 Notices to be displayed in case of auction 21 Notices to be provided to purchasers of second-hand vehicles 22 Trade auctions Part 4—Dealer's duty to repair second-hand vehicles 23 Duty to repair 24 Enforcement of duty to repair 25 Participation of assessors in proceedings Part 5—Discipline 26 Interpretation 27 Cause for disciplinary action 28 Complaints 29 Hearing by Tribunal 30 Participation of assessors in disciplinary proceedings 31 Disciplinary action 32 Contravention of orders Part 6—Miscellaneous 33 No waiver of rights 34 Interference with odometers prohibited 35 Certain agreements to indemnify dealer void 36 Delegations 37 Agreement with professional organisation 38 Exemptions 39 Register of dealers 40 Commissioner and proceedings before Tribunal 41 False or misleading information 42 Name in which dealer may carry on business 43 Statutory declaration 44 Investigations 45 General defence 46 Liability for act or default of officer, employee or agent 47 Offences by bodies corporate 48 Continuing offence 49 Prosecutions 50 Evidence 51 Service of documents 52 Annual report 53 Regulations Schedule 1—Appointment and selection of assessors for Magistrates Court Schedule 3—Second-hand Vehicles Compensation Fund 1 Second-hand Vehicles Compensation Fund continues 2 Claim against Fund 3 Management of Fund 4 Licensed dealers may be required to contribute to Fund 5 Right of Commissioner where claim allowed 6 Accounts and audit 7 Expiry of Schedule Schedule 4—Repeal and transitional provisions 1 Repeal 2 Licensing 3 Registered premises 4 Duty to repair 5 Disciplinary matters 5A Effect of disqualification 6 Application of Second-hand Vehicles Compensation Fund at end of claims Legislative history