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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 52
Odometer tampering
52 Odometer tampering
(1) Offence A person must not-- (a) alter the reading on the odometer of a
motor vehicle, or
(b) remove or replace the odometer of a motor vehicle, or
(c) render the odometer of a motor vehicle inoperative or inaccurate by any
means.
: Maximum penalty--500 penalty units.
(2) It is presumed, in the
absence of evidence to the contrary, that a defendant in proceedings for an
offence under this section committed the offence if it is proved in those
proceedings that-- (a) the defendant had possession of the motor vehicle, and
(b) at that time or soon after the motor vehicle ceased to be in the
defendant's possession, the odometer reading was less than the reading at the
time the defendant acquired possession of the motor vehicle.
(3) Defence It
is a defence in proceedings for an offence under this section if the defendant
proves that-- (a) the action was not taken by the defendant with the intent of
enhancing the apparent value of the motor vehicle for the purpose of sale, and
(b) the action was not taken by the defendant for any other fraudulent
purpose.
(4) Repairs permitted Despite any other provision of this section,
the holder of a motor vehicle repairer's licence may repair or replace an
odometer if-- (a) the holder notifies the Secretary in the approved form of
the repair or replacement, and
(b) the reading on the repaired or replacement
odometer is restored so that it shows an accurate reading for the
motor vehicle.
(5) Despite any other provision of this section, any person
may repair or replace an odometer if the repair or replacement-- (a) is
approved by the Secretary or a person prescribed by the regulations for the
purposes of this section, and
(b) is in accordance with the approval.
(5A)
An approval by the Secretary under subsection (5)(a) may be given subject to
conditions, including in circumstances in which an odometer cannot be reset or
has reached its operational limit.
(6) Compensation orders A court that
convicts a person of an offence under this section or section 53 may, on its
own motion or on application by the prosecutor or a person who purchased the
motor vehicle relying on the odometer reading of the motor vehicle, 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.
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