South Australia Second-hand Vehicle Dealers (Roadworthiness Certificates) Amendment Bill 2024 A Bill For An Act to amend the Second-hand Vehicle Dealers Act 1995 and to make related amendments to the Motor Vehicles Act 1959. Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Second‑hand Vehicle Dealers Act 1995 3 Insertion of section 32A 32A Certificates of roadworthiness Schedule 1—Amendment of Motor Vehicles Act 1959 1 Amendment of section 56—Duty of transferor on transfer of vehicle 2 Amendment of section 57—Duty of transferee on transfer of vehicle 3 Amendment of section 58—Transfer of registration The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Second‑hand Vehicle Dealers (Roadworthiness Certificates) Amendment Act 2024. 2—Commencement This Act comes into operation 9 months after the day on which it is assented to by, or on behalf of, the Crown. Part 2—Amendment of Second‑hand Vehicle Dealers Act 1995 3—Insertion of section 32A Before section 33 insert: 32A—Certificates of roadworthiness (1) A person must not sell a designated second‑hand vehicle unless an authorised assessor has issued a certificate of roadworthiness in respect of the vehicle within the 3 months immediately preceding the date of the sale of the vehicle in accordance with a scheme prescribed by the regulations. Maximum penalty: $5 000. Expiation fee: $700. (2) Subsection (1) does not apply— (a) to a licensed dealer; or (b) to an auctioneer; or (c) to a person selling a designated second‑hand vehicle— (i) to a licensed dealer; or (ii) to an auctioneer or through the services of an auctioneer; or (iii) that is registered under section 25 of the Motor Vehicles Act 1959 as a historic vehicle; or (d) in relation to a designated second‑hand vehicle, or class of designated second‑hand vehicles, prescribed by the regulations; or (e) in any other circumstances prescribed by the regulations. (3) For the purposes of this section— (a) the regulations must set out a scheme for the issuing of certificates of roadworthiness in relation to designated second‑hand vehicles; and (b) an authorised assessor may, in accordance with the scheme, issue a certificate of roadworthiness in respect of a designated second‑hand vehicle. (4) Without limiting subsection (3), the regulations prescribing the scheme must set out— (a) the manner in which inspections are to be conducted under the scheme; and (b) the standards against which the roadworthiness of a vehicle will be assessed under the scheme; and (c) the form of a certificate of roadworthiness under the scheme. (5) A person selling a designated second‑hand vehicle to which subsection (1) applies must, on the sale of the vehicle, provide the purchaser with a copy of the certificate of roadworthiness required under that subsection. Maximum penalty: $5 000. Expiation fee: $700. (6) A person selling a designated second‑hand vehicle must not— (a) require a purchaser or prospective purchaser to obtain a certificate of roadworthiness; or (b) require a purchaser or prospective purchaser to pay the cost of obtaining a certificate of roadworthiness. Maximum penalty: $5 000. Expiation fee: $700. (7) In this section— authorised assessor means a person, or person of a class, appointed by the Registrar as an authorised assessor for the purposes of this section; designated second‑hand vehicle means— (a) a second‑hand vehicle which was manufactured more than 5 years prior; or (b) a second‑hand vehicle that has an odometer reading of more than 100 000 kilometres; or (c) a second‑hand vehicle, or class of second‑hand vehicles, prescribed by the regulations; Registrar has the same meaning as in the Motor Vehicles Act 1959. Schedule 1—Amendment of Motor Vehicles Act 1959 1—Amendment of section 56—Duty of transferor on transfer of vehicle Section 56—after its present contents (now to be designated as subsection (1)) insert: (2) In this section— prescribed documents means— (a) the documents prescribed by the regulations for the purposes of this section; and (b) in the case of a transfer of registration occurring in connection with the sale of a vehicle to which section 32A(1) of the Second-hand Vehicle Dealers Act 1995 applies—a certificate of roadworthiness issued pursuant to that section. 2—Amendment of section 57—Duty of transferee on transfer of vehicle Section 57—After subsection (8) insert: (9) In this section— prescribed documents means— (a) the documents prescribed by the regulations for the purposes of subsection (2); and (b) in the case of a transfer of registration occurring in connection with the sale of a vehicle to which section 32A(1) of the Second-hand Vehicle Dealers Act 1995 applies—a certificate of roadworthiness issued pursuant to that section. 3—Amendment of section 58—Transfer of registration Section 58—after subsection (6) insert: (7) In this section— prescribed documents means— (a) the documents prescribed by the regulations for the purposes of subsection (1); and (b) in the case of a transfer of registration occurring in connection with a sale of a vehicle to which section 32A(1) of the Second-hand Vehicle Dealers Act 1995 applies—a certificate of roadworthiness issued pursuant to that section.