New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 164

164 Meaning of "failure to account" by motor dealer

(1) In this Part, a reference to a
"failure to account" by a motor dealer is a reference to a failure by the motor dealer to account for money or other valuable property entrusted to the motor dealer or an associate of the motor dealer in the course of the carrying on of the motor dealer's business as a motor dealer.

(2) Without limiting subsection (1), the failure of a motor dealer to return a deposit, or other money or thing, given to the dealer by a person in respect of the purchase of a motor vehicle that did not proceed is a failure to account.

(3) This Part applies only to a failure to account that arises from an act or omission of the motor dealer or an associate of the motor dealer.

(4) In this section--

"associate" of a motor dealer means--

(a) an employee or agent of the motor dealer, or

(b) a person who has the apparent control or charge for the time being of the business of the motor dealer or of any place at which that business is being carried on.