Victorian Repealed Regulations Victorian Repealed RegulationsThis legislation has been repealed.
Advertisements
22. 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 include in the advertisement
or statement the letters "LMCT" followed by the licence number of the motor
car trader and where the advertisement or statement is presented in visual
form, the letters "LMCT" and the licence number must be printed or typed
clearly and legibly and, 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) Where 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 in the advertisement-
(a) the cash price of the motor car; and
(b) whichever of the following is applicable-
(i) if the motor car is registered, the registration number; or
(ii) if the motor car is unregistered-
(A) the engine number of the vehicle; or
(B) the chassis number of the vehicle; or
(C) the vehicle identification number; or
(D) the registration number (if any) last assigned to the
vehicle; or
(E) if none of those numbers are reasonably ascertainable,
any other number by which the vehicle may be identified.
Penalty: 10 penalty units.
(3) Subregulation (2)(b) does not apply if the motor car trader, servant or
agent publishes or causes to be published an advertisement on television,
movie film or radio 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 in the
advertisement-
(a) the cash price of the motor car; and
(b) whichever of the following is applicable-
(i) if the motor car is registered, the registration number; or
(ii) if the motor car is unregistered-
(A) the engine number of the vehicle; or
(B) the chassis number of the vehicle; or
(C) the vehicle identification number; or
(D) the registration number (if any) last assigned to the
vehicle; or
(E) if none of those numbers are 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) and (4)(b) 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) For the purposes of subregulation (7)(a) businesses are associated if-
(a) they are carried on by the same person; or
(b) one business is carried on by a person and the other business is
carried on by a person who is-
(i) a spouse or defacto partner of that person; or
(ii) a business partner of that person; or
(iii) directly receiving any income derived from the business carried on by
the other; or
(c) one business is carried on by a body corporate and the other business
is carried on by a person who-
(i) is a director or secretary of the body corporate or a spouse or
defacto partner of such a director or secretary; or
(ii) holds or will hold any relevant financial interest, or is or will be
entitled to exercise any relevant power (whether in his or her own
right or on behalf of any other person), in the business of the body
corporate and thereby is able or will be able to exercise a
significant influence over or with respect to the management or
operation of that business; or
(iii) holds or will hold any relevant position (whether in his or her own
right or on behalf of any other person) in the business of the body
corporate; or
(iv) is a related body corporate within the meaning of section 9 of the
Corporations Act or a director or secretary, or a spouse or defacto
partner of a director or secretary, of a related body corporate.
(9) 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.