Queensland Numbered Acts

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PROPERTY AGENTS AND MOTOR DEALERS AND OTHER ACTS AMENDMENT ACT 2006 No. 10 - SECT 69

69 Amendment of s 320 (Buyer's obligations under statutory warranty)

(1) Section 320(1)--

omit, insert--

'(1) If the buyer of a warranted vehicle believes the vehicle has a defect the warrantor of the vehicle is obliged to repair under this part, the buyer must give the warrantor written notice of the defect (defect notice) before the end of the warranty period and--

(a) if the warranted vehicle is 200km or less from the warrantor's place of business when the defect notice is given, deliver the vehicle to--
(i) the warrantor to repair the defect; or
(ii) a qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect; or
(b) if the warranted vehicle is more than 200km from the warrantor's place of business when the defect notice is given--
(i) deliver the warranted vehicle to the qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle and nearest to the vehicle to repair the defect; or
(ii) deliver, at the warrantor's expense, the warranted vehicle to another qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect.'.

(2) Section 320(2), 'or the person'--

omit, insert--

'or the qualified repairer'.

(3) Section 320(3), 'subsection (1)(b)(ii)'--

omit, insert--

'subsection (1)(a)(ii)'.

(4) Section 320(4)--

insert--

'qualified repairer, in relation to a warranted vehicle the subject of a defect notice, means a person who is, or holds the qualifications necessary to be appointed under the Transport Operations (Road Use Management) Act 1995, section 2112 to be, an accredited person to perform vehicle safety inspections for the vehicle.'.



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