South Australian Current Acts South Australian Current ActsNotes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation amended by principal Act
The Second-hand Vehicle Dealers Act 1995 amended the
following:
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1995 |
9 |
16.3.1995 |
Sch 5—30.6.1995 (Gazette 29.6.1995 p2977); remainder of
Act—30.11.1995 (Gazette 2.11.1995 p1232) |
|
|
1996 |
34 |
Statutes Amendment and Repeal (Common Expiation Scheme)
Act 1996 |
2.5.1996 |
Sch (cl 31)—3.2.1997 (Gazette 19.12.1996 p1923) |
|
1996 |
67 |
Statutes Amendment (Attorney-General's Portfolio)
Act 1996 |
15.8.1996 |
s 26—17.10.1996 (Gazette 17.10.1996 p1361) |
|
1997 |
58 |
Second-hand Vehicle Dealers (Compensation Fund) Amendment
Act 1997 |
31.7.1997 |
31.7.1997 |
|
1998 |
21 |
Statutes Amendment (Consumer Affairs) Act 1998 as amended by
22/1998 |
2.4.1998 |
|
|
1998 |
22 |
Statutes Amendment (Consumer Affairs) Amendment
Act 1998 |
2.4.1998 |
2.4.1998 |
|
1999 |
21 |
Second-hand Vehicle Dealers (Compensation Fund) Amendment
Act 1999 |
1.4.1999 |
1.5.1999 (Gazette 22.4.1999 p2170) |
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 (cl 36)—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2001 |
47 |
Statutes Amendment (Consumer Affairs) Act 2001 |
11.10.2001 |
|
|
2009 |
39 |
Statutes Amendment and Repeal (Fair Trading) Act 2009 |
23.7.2009 |
Pt 8 (ss 52—54)—3.9.2009 (Gazette 3.9.2009
p4367) |
|
2009 |
62 |
Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Act
2009 |
26.11.2009 |
Pt 2 (ss 4(5) & 31(9))—1.9.2010 (Gazette 26.8.2010
p4418); ss 4(1)—(4), (6) &
5—31(1)—(8)—29.11.2010 (Gazette 14.10.2010
p5087) |
|
2010 |
3 |
24.6.2010 |
Sch 1 (cl 4)—1.7.2010 (Gazette 1.7.2010 p3337) |
|
|
2011 |
36 |
Statutes Amendment (Directors' Liability) Act 2011 |
22.9.2011 |
|
|
2013 |
16 |
Statutes Amendment (Directors' Liability) Act 2013 |
23.5.2013 |
Pt 44 (s 94)—17.6.2013 (Gazette 6.6.2013
p2498) |
|
2013 |
35 |
Statutes Amendment (Heavy Vehicle National Law)
Act 2013 |
1.8.2013 |
Pt 4 (s 79)—10.2.2014 (Gazette 6.2.2014 p551) |
|
2013 |
71 |
Statutes Amendment (Occupational Licensing) Act 2013 |
21.11.2013 |
|
|
2017 |
7 |
Statutes Amendment and Repeal (Simplify) Act 2017 |
15.3.2017 |
Pt 30 (ss 107—117)—1.7.2017 (Gazette 22.6.2017
p2224) |
|
2019 |
14 |
Statutes Amendment (SACAT) Act 2019 |
11.7.2019 |
Pt 25 (ss 149 to 160)—4.5.2020 (Gazette 27.2.2020
p442) |
|
2023 |
39 |
7.12.2023 |
Sch 1 (cl 20)—1.1.2024: s 2 |
|
|
2024 |
16 |
Second-hand Vehicle Dealers (Miscellaneous) Amendment
Act 2024 |
23.5.2024 |
uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
|
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
|
|
|
|
|
|
business day |
inserted by 62/2009 s 4(1) |
29.11.2010 |
|
|
amended by 39/2023 Sch 1 cl 20 |
1.1.2024 |
|
close associate |
inserted by 62/2009 s 4(1) |
29.11.2010 |
|
cooling-off period |
inserted by 62/2009 s 4(2) |
29.11.2010 |
|
credit contract |
amended by 47/2001 s 18(a) |
1.11.2001 |
|
|
deleted by 62/2009 s 4(2) |
29.11.2010 |
|
credit provider |
amended by 47/2001 s 18(b) |
1.11.2001 |
|
|
substituted by 3/2010 Sch 1 cl 4 |
1.7.2010 |
|
District Court |
deleted by 14/2019 s 149(1) |
4.5.2020 |
|
dealer |
amended by 62/2009 s 4(3) |
29.11.2010 |
|
notified premises |
inserted by 7/2017 s 107(1) |
1.7.2017 |
|
offer for sale |
inserted by 62/2009 s 4(4) |
29.11.2010 |
|
registered premises |
deleted by 7/2017 s 107(2) |
1.7.2017 |
|
salesperson |
inserted by 62/2009 s 4(5) |
1.9.2010 |
|
sell |
amended by 62/2009 s 4(6) |
29.11.2010 |
|
Tribunal |
inserted by 14/2019 s 149(2) |
4.5.2020 |
|
inserted by 62/2009 s 5 |
29.11.2010 |
|
|
|
|
|
|
amended by 62/2009 s 6 |
29.11.2010 |
|
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
|
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 7(1) |
29.11.2010 |
|
|
amended by 71/2013 s 30 |
1.11.2014 |
|
amended by 47/2001 s 19 |
1.11.2001 |
|
|
|
amended by 62/2009 s 7(2) |
29.11.2010 |
|
|
|
|
|
amended by 47/2001 s 20(a) |
1.11.2001 |
|
|
s 8(3)—(5) |
inserted by 47/2001 s 20(b) |
1.11.2001 |
|
|
|
|
|
amended by 47/2001 s 21(a) |
1.11.2001 |
|
|
|
amended by 39/2009 s 52 |
3.9.2009 |
|
amended by 47/2001 s 21(b) |
1.11.2001 |
|
|
|
|
|
|
substituted by 14/2019 s 150(1) |
4.5.2020 |
|
|
1.6.2000 |
||
|
|
substituted by 14/2019 s 150(1) |
4.5.2020 |
|
amended by 14/2019 s 150(2) |
4.5.2020 |
|
|
1.6.2000 |
||
|
1.6.2000 |
||
|
|
|
|
|
amended by 7/2017 s 108 |
1.7.2017 |
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 8 |
29.11.2010 |
|
inserted by 62/2009 s 9 |
29.11.2010 |
|
|
Pt 2 Div 2 before substitution by 7/2017 |
|
|
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 10(1) |
29.11.2010 |
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 10(2) |
29.11.2010 |
|
Pt 2 Div 2 |
substituted by 7/2017 s 109 |
1.7.2017 |
|
Pt 2A |
inserted by 71/2013 s 31 |
1.11.2014 |
|
|
|
|
|
s 14A(4) and (5) |
substituted by 14/2019 s 151(1) |
4.5.2020 |
|
amended by 14/2019 s 151(2) |
4.5.2020 |
|
|
substituted by 14/2019 s 151(3) |
4.5.2020 |
|
|
deleted by 14/2019 s 151(3) |
4.5.2020 |
|
|
Pt 2B |
inserted by 71/2013 s 31 |
1.11.2014 |
|
|
|
|
|
s 14B(4) and (5) |
substituted by 14/2019 s 152(1) |
4.5.2020 |
|
amended by 14/2019 s 152(2) |
4.5.2020 |
|
|
substituted by 14/2019 s 152(3) |
4.5.2020 |
|
|
deleted by 14/2019 s 152(3) |
4.5.2020 |
|
|
Pt 3 |
|
|
|
Pt 3 Div 1 |
|
|
|
Pt 3 Div 1 Subdiv 1 |
|
|
|
heading |
inserted by 62/2009 s 11 |
29.11.2010 |
|
|
|
|
|
amended by 62/2009 s 12(1) |
29.11.2010 |
|
|
amended by 62/2009 s 12(2) |
29.11.2010 |
|
|
Pt 3 Div 1 Subdiv 2 |
|
|
|
heading |
inserted by 62/2009 s 13 |
29.11.2010 |
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 14(1), (2) |
29.11.2010 |
|
amended by 62/2009 s 14(3)—(5) |
29.11.2010 |
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 14(6) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 14(7) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 14(8) |
29.11.2010 |
|
|
|
|
|
amended by 62/2009 s 15(1) |
29.11.2010 |
|
|
|
amended by 7/2017 s 110 |
1.7.2017 |
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 15(2) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 15(3) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 15(4) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 15(5) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 16 |
29.11.2010 |
|
Pt 3 Div 1 Subdiv 3 |
inserted by 62/2009 s 17 |
29.11.2010 |
|
Pt 3 Div 2 |
|
|
|
|
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 18(1) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 18(2) |
29.11.2010 |
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 18(3) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 18(4) |
29.11.2010 |
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 19 |
29.11.2010 |
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 20(1) |
29.11.2010 |
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 20(2) |
29.11.2010 |
|
Pt 4 |
|
|
|
|
|
|
|
(c) deleted by 21/1998 s 28(a) |
28.5.1998 |
|
|
amended by 21/1998 s 28(b) |
28.5.1998 |
|
|
|
amended by 35/2013 s 79(1) |
10.2.2014 |
|
|
|
|
|
defect |
amended by 35/2013 s 79(2) |
10.2.2014 |
|
Heavy Vehicle National Law (South Australia) |
inserted by 35/2013 s 79(3) |
10.2.2014 |
|
Heavy Vehicle National Regulations (South Australia) |
inserted by 35/2013 s 79(3) |
10.2.2014 |
|
|
|
|
|
amended by 7/2017 s 111 |
1.7.2017 |
|
|
amended by 21/1998 s 29 |
28.5.1998 |
|
|
Pt 4A |
inserted by 39/2009 s 53 |
3.9.2009 |
|
|
deleted by 71/2013 s 32 |
1.11.2014 |
|
Pt 5 |
|
|
|
|
|
|
|
salesperson |
inserted by 62/2009 s 21 |
29.11.2010 |
|
|
|
|
|
(g) deleted by 7/2017 s 112 |
1.7.2017 |
|
|
inserted by 62/2009 s 22 |
29.11.2010 |
|
|
amended by 14/2019 s 153 |
4.5.2020 |
|
|
|
|
|
|
amended by 14/2019 s 154(1) |
4.5.2020 |
|
|
amended by 14/2019 s 154(2) |
4.5.2020 |
|
|
amended by 21/1998 s 30 |
28.5.1998 |
|
|
|
substituted by 14/2019 s 155 |
4.5.2020 |
|
|
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 23 |
29.11.2010 |
|
|
amended by 71/2013 s 33 |
1.11.2014 |
|
|
(c)(iii) and (iv) deleted by 7/2017 s 113 |
1.7.2017 |
|
|
amended by 14/2019 s 156(1) |
4.5.2020 |
|
amended by 14/2019 s 156(2) |
4.5.2020 |
|
|
|
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 24(1) |
29.11.2010 |
|
|
amended by 14/2019 s 157(1) |
4.5.2020 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 24(2) |
29.11.2010 |
|
|
amended by 14/2019 s 157(2) |
4.5.2020 |
|
Pt 6 |
|
|
|
|
|
|
|
inserted by 62/2009 s 25(1) |
29.11.2010 |
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 25(2) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 25(3) |
29.11.2010 |
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 25(4) |
29.11.2010 |
|
s 33(5a)—(5c) |
inserted by 62/2009 s 25(5) |
29.11.2010 |
|
|
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 26 |
29.11.2010 |
|
|
|
|
|
substituted by 7/2017 s 114(1) |
1.7.2017 |
|
|
amended by 7/2017 s 114(2) |
1.7.2017 |
|
|
inserted by 39/2009 s 54 |
3.9.2009 |
|
|
|
|
|
|
amended by 14/2019 s 158(1) |
4.5.2020 |
|
|
inserted by 14/2019 s 158(2) |
4.5.2020 |
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
amended by 62/2009 s 27 |
29.11.2010 |
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 28 |
29.11.2010 |
|
|
|
|
|
1.1.2012 |
||
|
inserted by 36/2011 s 24 |
1.1.2012 |
|
|
substituted by 36/2011 s 25 |
1.1.2012 |
|
|
amended by 16/2013 s 94(1) |
17.6.2013 |
|
|
amended by 16/2013 s 94(2) |
17.6.2013 |
|
|
inserted by 16/2013 s 94(3) |
17.6.2013 |
|
|
|
|
|
|
substituted by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
|
|
|
|
substituted by 62/2009 s 29 |
29.11.2010 |
|
|
amended by 7/2017 s 115 |
1.7.2017 |
|
|
|
|
|
|
amended by 34/1996 s 4 (Sch cl 31) |
3.2.1997 |
|
|
|
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
|
amended by 62/2009 s 30(1)—(3) |
29.11.2010 |
|
Sch 1 |
|
|
|
scl (4) |
amended by 21/1998 s 31 |
28.5.1998 |
|
Sch 2 before deletion by 14/2019 |
|
|
|
scl (4) |
amended by 21/1998 s 32 |
28.5.1998 |
|
Sch 2 |
deleted by 14/2019 s 159 |
4.5.2020 |
|
Sch 3 |
will expire by regulation: cl 7 |
|
|
cl 2 before substitution by 7/2017 |
amended by 58/1997 s 2 |
31.7.1997 |
|
|
substituted by 21/1999 s 3(a) |
1.5.1999 |
|
cl 2(1) |
amended by 62/2009 s 31(1)—(4) |
29.11.2010 |
|
cl 2(2) |
amended by 62/2009 s 31(5), (6) |
29.11.2010 |
|
cl 2(3) |
inserted by 62/2009 s 31(7) |
29.11.2010 |
|
cl 2 |
substituted by 7/2017 s 116(1) |
1.7.2017 |
|
cl 2A |
inserted by 62/2009 s 31(8) |
29.11.2010 |
|
|
deleted by 7/2017 s 116(1) |
1.7.2017 |
|
cl 3 |
|
|
|
cl 3(2) |
amended by 21/1999 s 3(b) |
1.5.1999 |
|
|
substituted by 62/2009 s 31(9) |
1.9.2010 |
|
cl 5 |
|
|
|
cl 5(1) |
cl 5 amended and redesignated as cl 5(1) by 21/1999 s 3(c),
(d) |
1.5.1999 |
|
|
amended by 7/2017 s 116(2), (3) |
1.7.2017 |
|
cl 5(2) and (3) |
inserted by 21/1999 s 3(d) |
1.5.1999 |
|
cl 7 |
|
|
|
cl 7(1) |
cl 7 redesignated as cl 7(1) by 21/1999 s 3(e) |
1.5.1999 |
|
cl 7(2) |
inserted by 21/1999 s 3(e) |
1.5.1999 |
|
Sch 4 |
|
|
|
cl 5A |
inserted by 67/1996 s 26 |
17.10.1996 |
|
cl 5A(1) |
amended by 21/1998 Sch cl 8 as substituted by 22/1998
s 3 |
28.5.1998 |
|
Sch 5 |
omitted under Legislation Revision and Publication
Act 2002 |
|
Transitional etc provisions associated with Act or
amendments
Statutes Amendment and Repeal (Common Expiation
Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force
immediately prior to the repeal or amendment coming into operation) to an
expiation notice issued under the repealed or amended Act.
Statutes Amendment and Repeal (Simplify) Act
2017
117—Transitional provision
A person licensed under the Second-hand Vehicle Dealers
Act 1995 (the Act) as a dealer immediately before the
commencement of this section is not required to give notice under
section 14(1) of the Act in relation to premises that were, immediately
before that commencement, registered under the Act in the name of that
person.
Statutes Amendment (SACAT) Act 2019, Part
25
160—Transitional provisions
(1) A right of appeal to the Administrative and Disciplinary Division of
the District Court under sections 10, 14A and 14B of the principal Act in
existence before the relevant day (but not exercised before that day) will be
exercised as if this Part had been in operation before that right arose, so that
the relevant proceedings may be commenced before the Tribunal rather than the
District Court.
(2) A right to lodge a complaint under Part 5 of the principal Act with
respect to a matter in existence before the relevant day, with the effect that
the relevant proceedings would have been commenced before the Administrative and
Disciplinary Division of the District Court, will be exercised as if this Part
had been in operation before the right arose, so that the complaint may be
lodged with the Tribunal rather than the District Court.
(3) A decision or order of the Administrative and Disciplinary Division of
the District Court under Part 5 of the principal Act in force immediately before
the relevant day (including a decision or order of the Commercial Tribunal that
has effect as if it were an order of the District Court by virtue of the
operation of Schedule 4 clause 5 of the principal Act) will, on and
from the relevant day, be taken to be a decision or order of the
Tribunal.
(4) Nothing in this section affects any proceedings before the
Administrative and Disciplinary Division of the District Court commenced before
the relevant day.
(5) A member of each panel of persons who may sit as assessors established
under Schedule 2 of the principal Act (as in force immediately before the
relevant day) will cease to hold office on the commencement of this subsection
and any contract of employment, agreement or arrangement relating to the office
held by that member is terminated by force of this subsection at the same
time.
(6) In this section—
principal Act means the Second-hand Vehicle Dealers
Act 1995;
relevant day means the day on which this Part comes into
operation;
Tribunal means the South Australian Civil and Administrative
Tribunal.
Historical versions
|
Reprint No 1—17.10.1996 |
|
|
Reprint No 2—3.2.1997 |
|
|
Reprint No 3—31.7.1997 |
|
|
Reprint No 4—28.5.1998 |
|
|
Reprint No 5—1.5.1999 |
|
|
Reprint No 6—1.6.2000 |
|
|
Reprint No 7—1.11.2001 |
|
|
3.9.2009 |
|
|
1.7.2010 |
|
|
1.9.2010 |
|
|
29.11.2010 |
|
|
1.1.2012 |
|
|
17.6.2013 |
|
|
10.2.2014 |
|
|
1.11.2014 |
|
|
1.7.2017 |
|
|
4.5.2020 |
|