New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 51

51 Misrepresentations about manufacture, registration or model of motor vehicle

(1) False representations A person must not, in connection with offering or displaying a motor vehicle for sale or the sale of a motor vehicle, make a false representation of a kind specified in subsection (2) knowing it to be false or misleading.

: Maximum penalty--20 penalty units.

(2) The false representations are as follows--

(a) a representation that the year of manufacture of the motor vehicle is a year other than the actual year of manufacture of the motor vehicle,

(b) a representation that the year in which the motor vehicle was first registered is a year other than the year in which the motor vehicle was actually first registered,

(c) a representation that the model designation of the motor vehicle is a model designation other than the actual model designation of the motor vehicle.

(3) Effect of other laws This section does not affect the operation of Part 5 of the Fair Trading Act 1987 (as in force before its repeal by the Fair Trading Amendment (Australian Consumer Law) Act 2010 ), or Part 4-1 of the Australian Consumer Law (NSW) . However, a person cannot be prosecuted in respect of the same matter for an offence under this section and either of those Parts.

(4) Compensation orders A court that convicts a person of an offence under this section may, on its own motion or on application by the prosecutor or a person who purchased the motor vehicle relying on the false representation, order the convicted person to pay to the purchaser an amount determined by the court as being the amount of the difference between the sale price of the motor vehicle and its fair price at the time of the sale.

(5) Definition In this section--

"model designation" means any words, figures, letters or symbols used by the manufacturer of a motor vehicle to identify a motor vehicle of that model.