Australian Capital Territory Numbered Acts

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SALE OF MOTOR VEHICLES (AMENDMENT) ACT (NO. 48 OF 1995) - SECT 57

Substitution

57. Sections 79 and 80 of the Principal Act are repealed and the following sections substituted:

“79. (1) A licensed dealer shall not cause or permit to be published an advertisement relating to, or in connection with, the business carried on under that licence unless the dealer specifies in the advertisement—

        (a)     that the dealer is a licensed dealer; and

        (b)     the address of the place or 1 of the places at which the dealer carries on business.

Penalty:

        (a)     if the offender is a natural person—10 penalty units;

        (b)     if the offender is a body corporate—50 penalty units.

“(2) A licensed dealer shall not, in an advertisement that the dealer causes or permits to be published in relation to, or in connection with, the business of the dealer, make any statement that is false or misleading.

Penalty:

        (a)     if the offender is a natural person—30 penalty units;

        (b)     if the offender is a body corporate—150 penalty units.

“(3) A licensed dealer shall not in an advertisement that the dealer causes or permits to be published in relation to, or in connection with, the sale of second-hand vehicles—

        (a)     convey any information in respect of a motor vehicle that the dealer offers for sale that is inconsistent with information relating to that vehicle contained in the dealer's Dealings Register or in the notice attached to the vehicle under section 20;

        (b)     refer to or describe a motor vehicle unless the vehicle is identified by its registered number or, where the vehicle has no registered number, by its engine number; or

        (c)     specify the deposit payable on, or periodical payments payable in respect of, a motor vehicle unless the cash price in respect of the vehicle is also specified.

Penalty:

        (a)     if the offender is a natural person—30 penalty units;

        (b)     if the offender is a body corporate—150 penalty units.

“(4) A licensed dealer shall include in each advertisement that the dealer causes or permits to be published in relation to, or in connection with, the business of the dealer the number of the licence or licences held by the dealer.

Penalty:

        (a)     if the offender is a natural person—10 penalty units;

        (b)     if the offender is a body corporate—50 penalty units.

“79A. A licensed car market operator shall not cause or permit to be published an advertisement relating to, or in connection with, the business carried on under that licence unless the operator specifies in the advertisement—

        (a)     that the licensee is a licensed car market operator; and

        (b)     the address of the place or 1 of the places at which the operator carries on business.

Penalty:

        (a)     if the offender is a natural person—10 penalty units;

        (b)     if the offender is a body corporate—50 penalty units.

“80. The Registrar shall, as soon as practicable after the thirtieth day of June each year, cause to be published in the Gazette a list in alphabetical order of persons who are licensees as at that date and the place or places of business, as the case may be, of each of those persons.”.



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