New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 63

63 Sale notices for second-hand motor vehicles

(1) Application This section does not apply to any of the following--

(a) a demonstrator motor vehicle,

(b) a second-hand motor cycle,

(c) a second-hand trailer,

(d) a second-hand towable recreation vehicle.

(2) Offences A motor dealer must not offer or display for sale a second-hand motor vehicle unless a dealer's notice is attached to the motor vehicle.

(3) A motor dealer must not sell a second-hand motor vehicle unless--

(a) at or before the sale, the motor dealer and the purchaser sign the dealer's notice required by this section, or a copy of the notice, and

(b) the motor dealer gives the purchaser the notice, or a copy, to keep.

Maximum penalty (subsections (2) and (3)): 20 penalty units.

(4) Motor vehicles on premises presumed to be for sale In any proceedings for an offence under subsection (2), it is presumed in the absence of evidence to the contrary, that a second-hand motor vehicle found at a place at which a motor dealer is licensed to carry on business as a motor dealer is offered or displayed for sale, unless--

(a) the motor vehicle has attached to it, in the manner prescribed by the regulations, a notice in the approved form complying with the requirements of the regulations (if any) and specifying that the motor vehicle is not for sale, and

(b) the motor vehicle does not have any other notice attached to it, or any marking on it, that purports to be the price of the motor vehicle or otherwise suggests that the motor vehicle is being offered or displayed for sale.