South Australian Current Acts

SECOND-HAND VEHICLE DEALERS ACT 1995 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"auctioneer" means a person who carries on the business of conducting auctions for the sale of goods, and includes a dealer who in the course of business conducts an auction for the sale of a second-hand vehicle;

"authorised officer" means an authorised officer under the Fair Trading Act 1987 ;

"business day" means a day other than a Sunday or public holiday;

"close associate"—see section 3A;

"Commissioner" means the Commissioner for Consumer Affairs;

"cooling-off period", in relation to a contract for the sale of a second-hand vehicle, means the period commencing when the contract is made and concluding at the end of the second clear business day after the day on which the contract is made;

"credit provider" means a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth;

"dealer" means a person who carries on the business of buying or selling second-hand vehicles;

"director" of a body corporate includes—

            (a)         a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

            (b)         any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;

"licence" means a licence under Part 2 and "licensed" and "licensee" have corresponding meanings;

"Magistrates Court" means the Civil (Consumer and Business) Division of the Magistrates Court;

"model designation" means the words and symbols (if any) used by the manufacturer of a vehicle to identify the model of the vehicle;

"notified premises", in relation to a dealer, means premises in relation to which the dealer has given notice to the Commissioner as required by section 14;

"offer for sale"—an offer for sale includes exposure for sale, an invitation to treat and the publishing, or authorising the publication, of an advertisement;

"registered", in relation to a vehicle, means registered under the Motor Vehicles Act 1959 , or under a corresponding Act or law of another State or a Territory of the Commonwealth;

"salesperson" means a person who, for or on behalf of a dealer—

            (a)         buys or sells second-hand vehicles; or

            (b)         induces or attempts to induce, or negotiates with a view to inducing, a person to buy or sell a second-hand vehicle; or

            (c)         performs a function of a kind prescribed by regulation for the purposes of this paragraph;

"second-hand vehicle" means a vehicle that has been used for a purpose not connected with its manufacture or sale, including a vehicle that has been used for the purpose of demonstration in connection with the sale of another vehicle;

"sell" includes exchange, and sell on behalf of another person; and "sale", "offer for sale" and "expose for sale have corresponding meanings;

"Tribunal" means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 ;

"vehicle" means a vehicle—

            (a)         that is used or capable of being used for transportation on land; and

            (b)         that is designed to be wholly or partly propelled by an engine;

"vehicle leasing agreement" means an agreement under which a vehicle is let on hire for a period exceeding four months;

"vehicle leasing business" means a business in which vehicles are let on hire under vehicle leasing agreements;

"year of first registration", in relation to a vehicle, means the year in which the vehicle was first registered.