Australian Capital Territory Numbered Acts

SALE OF MOTOR VEHICLES (AMENDMENT) ACT (NO. 48 OF 1995) - SECT 4

4. Section 3 of the Principal Act is amended—

    (a)     by inserting “(including all accessories fitted, carried in or attached to the vehicle at the time of the offer or display)” after “motor vehicle” in paragraph (a) of the definition of “cash price” in subsection (1);

    (b)     by omitting “person who holds a licence” from the definition of “licensed dealer” in subsection (1) and substituting “dealer who holds a vehicle sale licence”;

    (c)     by inserting “or” after paragraph (a) of the definition of “trade owner” in subsection (1);

    (d)     by omitting “or” from paragraph (b) of the definition of “trade owner” in subsection (1);

    (e)     by omitting paragraph (c) from the definition of “trade owner” in subsection (1);

    (f)     by omitting from subsection (1) the definitions of “accessory”, “commercial vehicle”, “dealer” and “licence” and substituting the following definitions:

“ ‘accessory', in relation to a motor vehicle, means—

        (a)     a car radio, sound reproducing equipment or an air conditioning unit fitted to the vehicle; or

        (b)     a spare wheel or any other thing carried in or attached to the vehicle;

‘commercial vehicle' means a motor vehicle for use wholly or principally for—

        (a)     the carriage of goods;

        (b)     the carriage of more than 10 adult persons; or

        (c)     industrial or agricultural purposes;

and includes a motor vehicle, or a motor vehicle included in a class of motor vehicles, prescribed for the purposes of this definition but does not include—

        (d)     a motor vehicle—

              (i)     of a kind known as a utility, station wagon or panel van that is the same make as a factory-produced motor car; and

              (ii)     in which, the front part of the body, and the mechanical equipment, of which are the same, or substantially the same, as in that motor vehicle;

        (e)     a motor vehicle that is adapted for camping use;

        (f)     a four-wheel drive motor vehicle with at least 1 forward-facing rear passenger seat (not being a motor vehicle of a kind known as a dual cab or a crew-cab); or

        (g)     a motor vehicle, or a class of motor vehicles, prescribed not to be a motor vehicle, or a class of motor vehicles, as the case may be, for the purposes of this definition;

‘dealer' has the meaning given by section 6A;

‘licence' means a vehicle sale licence or a car market operator licence and, if such a licence is varied under section 14E, includes the licence as so varied;”;

    (g)     by omitting from subsection (1) the definitions of “demonstrator vehicle”, “exempt trader” and “prescribed fee”;

    (h)     by inserting in subsection (1) the following definitions:

“ ‘business', in relation to—

        (a)     a person who is the holder of a licence—means the business carried on under the licence; or

        (b)     a person who is an applicant for a licence—means the business that the person would be entitled to carry on in the event that the person were granted that licence;

‘car market operator' means a person who carries on the business of providing a site for a market for the sale by other persons of second-hand motor vehicles, whether or not that site is used for any other purpose;

‘car market operator licence' means a licence issued under section 7B;

‘charge' means a charge that has not been dealt with by a court, but does not include a charge that has been withdrawn or otherwise not proceeded with;

‘Chief Police Officer' means the police officer who is responsible to the Commissioner of Police for the day-to-day administration and control of police services in the Territory;

‘convicted' includes being discharged under section 556A of the Crimes Act 1900 or an equivalent provision of a law of the Commonwealth, a State, another Territory or another country, but does not include a reference to a conviction that has been set aside on appeal or review;

‘demonstrator', in relation to a motor vehicle, means a vehicle—

        (a)     that has been sold only to a dealer or wholesaler;

        (b)     that has been registered only in the name of any 1 of the following persons:

              (i)     a dealer or wholesaler or any person on behalf of a dealer or wholesaler;

              (ii)     a person in anticipation of the sale of the vehicle to that person; and

        (c)     that has not been used for any purpose other than—

              (i)     a purpose in connection with its manufacture or sale; or

              (ii)     the purpose of demonstrating the motor vehicle, or another vehicle of the same type, to a potential buyer of that vehicle;

‘determined fee' means the fee determined under section 90A for the purposes of the provision in which the expression occurs;

‘good fame and character' has the meaning given by section 71;

‘licensed car market operator' means a person who holds a car market operator licence;

‘licensed wholesaler' means a person who holds a vehicle sale licence to carry on business as a wholesaler;

‘new motor vehicle' means a motor vehicle other than a second-hand motor vehicle;

‘premises' includes a parcel of vacant land;

‘qualified accountant' means—

        (a)     a member of the Institute of Chartered Accountants in Australia, the National Institute of Accountants or the Australian Society of Certified Practising Accountants; or

        (b)     a person registered as a registered company auditor under the Corporations Law;

‘vehicle sale licence' means a licence issued under section 7 or 7A;

‘wholesaler' means a person who carries on the business of buying motor vehicles from any person and selling those vehicles to, or exchanging those vehicles with, persons who are financiers or holders of licences (other than car market operators' licences) and only those persons.”; and

    (j)     by omitting subsection (3).