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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 164
Meaning of "failure to account" by motor dealer
164 Meaning of "failure to account" by motor dealer
(1) In this Part, a reference to a
"failure to account" by a motor dealer is a reference to a failure by the
motor dealer to account for money or other valuable property entrusted to the
motor dealer or an associate of the motor dealer in the course of the carrying
on of the motor dealer's business as a motor dealer.
(2) Without limiting
subsection (1), the failure of a motor dealer to return a deposit, or other
money or thing, given to the dealer by a person in respect of the purchase of
a motor vehicle that did not proceed is a failure to account.
(3) This Part
applies only to a failure to account that arises from an act or omission of
the motor dealer or an associate of the motor dealer.
(4) In this section--
"associate" of a motor dealer means-- (a) an employee or agent of the
motor dealer, or
(b) a person who has the apparent control or charge for the
time being of the business of the motor dealer or of any place at which that
business is being carried on.
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