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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 51
Misrepresentations about manufacture, registration or model of motor vehicle
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.
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