South Australian Current Acts South Australian Current Acts20—Notices to be displayed in case of auction
(1) An auctioneer must
not conduct an auction for the sale of a second-hand vehicle (other than a
trade auction) unless a notice in the prescribed form containing the required
particulars and statements relating to the vehicle is attached to the vehicle
and has been attached to the vehicle at all times when the vehicle has been
available for inspection by prospective bidders.
Maximum penalty: $5 000.
(2) For the purposes
of subsection (1), the required particulars and statements are—
(a) the
name and business address of the auctioneer; and
(b) if
the auctioneer is conducting the auction—
(i)
on the auctioneer's own behalf, a statement—
(A) that the auctioneer will be liable to
discharge the duty to repair under Part 4; or
(B) if there is no duty to repair under
Part 4—that there is no duty to repair the vehicle; or
(ii)
on behalf of a dealer—
(A) the name in which the dealer is
licensed and business address of the dealer; and
(B) a statement—
• that the
dealer will be liable to discharge the duty to repair under Part 4; or
• if there is no
duty to repair under Part 4that there is no duty to repair the vehicle; or
(iii)
on behalf of another person (not being a dealer)—a
statement that no duty to repair will apply under Part 4; and
(i)
the name and address of the last owner of the vehicle who
was not a dealer; or
(ii)
if the last owner who was not a dealer has instructed the
auctioneer in writing not to disclose his or her name and address on the
notice—a statement that the last owner's name and address are available
on request from the auctioneer; and
(d) if
the owner referred to in paragraph (c) carried on a vehicle leasing
business and let the vehicle on hire to another person under a vehicle leasing
agreement—
(i)
the name and address of that other person; or
(ii)
if that other person has instructed the auctioneer in
writing not to disclose his or her name and address on the notice—a
statement that the other person's name and address are available on request
from the auctioneer; and
(e) the
vehicle's year of manufacture (as determined by the regulations); and
(f) the
vehicle's year of first registration; and
(g) the
vehicle's manufacturer and model designation; and
(h) if
the vehicle is registered—the vehicle's registration number; and
(i)
if the vehicle is not registered—the vehicle's
engine number; and
(j) if
the vehicle is equipped with an odometer—the reading of the odometer at
the time the vehicle was acquired from the last owner of the vehicle who was
not a dealer; and
(k) if
the vehicle is equipped with an odometer and the auctioneer is conducting the
auction on the auctioneer's own behalf or on behalf of a dealer—
(i)
if it is more likely than not that the reading of the
odometer is a reasonably accurate measure of the distance travelled by the
vehicle—a statement that the odometer reading may be regarded as
reasonably accurate; or
(ii)
if that is not the case—the statement required by
the regulations; and
(l) such
other particulars and statements as are prescribed.
(3) If a notice
attached to a vehicle under this section states that the name and address of
the last owner (or lessee) of the vehicle are available on request from the
auctioneer, the auctioneer must, on request by a potential purchaser, disclose
the name and address to the potential purchaser before a contract is made for
the purchase of the vehicle.
Maximum penalty: $5 000.
(4) In proceedings for
an offence relating to a failure to include in a notice all the particulars
and statements required under this section or the inclusion of any incorrect
particulars or statement, it is a defence to prove that the defendant, having
made reasonable inquiries and a proper examination of the vehicle, complied
with the requirements of the subsection to the best of the defendant's
knowledge, information and belief.
(5) An auctioneer must
not, in an advertisement published in connection with an auction for the sale
of a second-hand vehicle (being an auction that the auctioneer is conducting
on the auctioneer's own behalf or on behalf of a dealer), refer directly or
indirectly to the odometer reading of the vehicle or the distance travelled by
the vehicle unless a notice is attached to the vehicle under this section and
the notice contains a statement by the auctioneer that the odometer reading of
the vehicle may be regarded as reasonably accurate.
Maximum penalty: $5 000.
Expiation fee: $315.
(6) A person from whom
an auctioneer acquires ownership of a second-hand vehicle or on whose behalf a
second-hand vehicle is to be auctioned must not give the auctioneer any
information as to any of the matters referred to in subsection (2) that
is to that person's knowledge false or misleading in a material particular.
Maximum penalty: $2 500.