Australian Capital Territory Numbered Acts

SALE OF MOTOR VEHICLES (AMENDMENT) ACT (NO. 48 OF 1995) - SECT 68

68. (1) Notwithstanding the amendments effected by this Act, where immediately before the commencement of section 5, 2 or more persons carried on the business of a dealer in partnership, those persons—

        (a)     may, subject to subsection (2), continue on and after that commencement to carry on the business on that basis until the expiration of the licence; and

        (b)     are not eligible for the renewal of the licence on that basis.

(2) The business shall be carried on subject to the following provisions (in subsection (3) called “the applicable provisions”):

        (a)     sections 33, 41, 42 and 86 of the Principal Act;

        (b)     the Principal Act as amended by this Act (other than sections 33, 41, 42 and 86 of the Principal Act as so amended).

(3) The applicable provisions apply to and in relation to each partner as if—

        (a)     the business were carried on by the partner alone; and

        (b)     anything done or omitted to be done by 1 of the partners in connection with that business had been done or omitted to be done by each of the partners.

(4) Nothing in subsection (3) renders a partner guilty of an offence as a result of the doing of an act by another partner.

(5) For the purposes of the Principal Act as amended by this Act, where immediately before the commencement of section 9 a person held a licence under the Principal Act—

        (a)     the licence shall, in respect of the unexpired portion of its term after the commencement of this Act be taken to be a vehicle sale licence; and

        (b)     an address shall be taken to have been specified in that licence under subsection 14 (1A).

(6) Subsection (5) does not affect the identity of a licence or any rights or liabilities that had accrued immediately before the commencement of this Act.

(7) Where after the commencement of this Act—

        (a)     the Registrar approves an application for the renewal of a licence referred to in subsection (5); and

        (b)     the licence specifies a principal place at which the business is to be carried on and 1 or more other places at which the business is to be carried on;

the Registrar shall grant a renewal of the licence in respect of the principal place of business in accordance with subsection 14D (1) of the Principal Act as amended by this Act and issue additional vehicle sale licences in respect of each of the other places at which the business is to be carried on in accordance with subsection 14 (1) of the Principal Act as amended by this Act as if the licence holder had lodged an application for those licences.

(8) Notwithstanding the repeal of section 23 of the Principal Act, that section continues to apply in relation to a motor vehicle sold before the commencement of section 24 as if this Act had not been passed.