Victorian Numbered Regulations

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MOTOR CAR TRADERS REGULATIONS 2008 (SR NO 144 OF 2008) - REG 19

Advertisements

    (1)     A motor car trader, or a servant or agent of the trader, who publishes or causes to be published an advertisement or statement in relation to the trader's business of trading in motor cars must—

        (a)     include in the advertisement or statement the letters "LMCT" followed by the licence number of the motor car trader; and

        (b)     if the advertisement or statement is presented in visual form, the letters "LMCT" and the licence number must be—

              (i)     printed or typed clearly and legibly; and;

              (ii)     except where comprised within a business logo of the trader appearing in the advertisement or statement, in point type no smaller than the smallest point type otherwise appearing in the advertisement or statement or 5 point type, whichever is the larger.

Penalty:     10 penalty units.

    (2)     If a motor car trader, or a servant or agent of the trader, publishes or causes to be published an advertisement offering a used motor car for sale, the person must include the following information in the advertisement in at least 4 point type—

        (a)     the cash price of the motor car followed by the statement "not including stamp duty and transfer fees";

        (b)     if the motor car is registered, the registration number;

        (c)     if the motor car is unregistered—

              (i)     the engine number of the vehicle; or

              (ii)     the chassis number of the vehicle; or

              (iii)     the vehicle identification number; or

              (iv)     the registration number (if any) last assigned to the vehicle; or

              (v)     if none of those numbers is reasonably ascertainable, any other number by which the vehicle may be identified.

Penalty:     10 penalty units.

    (3)     Subregulations (2)(b) and 2(c) do not apply if the motor car trader, servant or agent publishes or causes to be published an advertisement on television, movie film, radio or in any other electronic and broadcast communication offering for sale a batch of six or more used motor cars of the same model.

    (4)     If a person (other than a motor car trader or a servant or an agent of a motor car trader) publishes or causes to be published an advertisement offering a used motor car for sale in a newspaper generally circulating in the whole or any part of Victoria or in a motor car specialist magazine generally circulating in the whole of Victoria, the person must include the following information in the advertisement—

        (a)     the cash price of the motor car;

        (b)     if the motor car is registered, the registration number; or

        (c)     if the motor car is unregistered—

              (i)     the engine number of the vehicle; or

              (ii)     the chassis number of the vehicle; or

              (iii)     the vehicle identification number; or

              (iv)     the registration number (if any) last assigned to the vehicle; or

              (v)     if none of those numbers is reasonably ascertainable, any other number by which the vehicle may be identified.

Penalty:     10 penalty units.

    (5)     Subregulations (2)(a) and (4)(a) do not apply in relation to a used motor car being advertised for sale by auction.

    (6)     Subregulations (2)(b), 2(c), (4)(b) and 4(c)do not apply in relation to a used motor car being advertised for sale by auction if the details required by those paragraphs are provided in writing on request to persons attending the auction.

    (7)     A used motor car is not to be regarded as being advertised for sale by auction for the purposes of subregulation (5) or (6) if—

        (a)     the motor car is owned by the auction business or by an associated business; or

        (b)     the motor car is available for purchase before the auction.

    (8)     In this regulation—

"auction" means—

        (a)     public auction; or

        (b)     an auction at which only licensed motor car traders or persons acting on their behalf may bid;

"auction business", in relation to a used motor car, means the business selling, or offering to sell, the motor car by auction in the course of its business.



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