New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 163

163 Evidence of carrying on business as motor dealer and advertising

(1) If in any proceedings for an offence under this Act or the regulations it is proved that a person sold, or offered or displayed for sale, more than 4 motor vehicles within a 12 month period to any other person or persons (other than a motor dealer), it is presumed in the absence of evidence to the contrary that the person was carrying on business as a motor dealer during that period.

(2) Nothing in subsection (1) precludes a person who sells, or offers or displays for sale, 4 or less motor vehicles within a 12 month period to any other person or persons from being found to be a motor dealer.

(3) If in any proceedings for an offence under this Act or the regulations it is proved that a statement has been published containing identifying particulars of a person, or the agent of a person, who is a person specified in subsection (4), the person is presumed in the absence of evidence to the contrary to have caused the statement to be published on the day on which it was published.

(4) The specified persons are as follows--

(a) the owner or supplier of any motor vehicle, substantially demolished or substantially dismantled motor vehicle or parts of or accessories for motor vehicles that the statement promotes or is intended to promote,

(b) the supplier of any services relating to motor vehicles, parts or accessories referred to in paragraph (a) that the statement promotes or is intended to promote,

(c) a person who has, otherwise than as an owner, an interest in any motor vehicles, parts or accessories referred to in paragraph (a) or the supply of any services referred to in paragraph (b) that the statement promotes or is intended to promote.