Western Australian Current Acts

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27 .         Second-hand vehicles, powers of police etc. to inspect etc., where to be kept by dealers etc.

        (1)         Every dealer and every yard manager and salesperson acting for a dealer shall permit any member of the Police Force, any authorised officer or any traffic inspector, at all reasonable hours to enter upon any authorised premises of the dealer, with such persons as he may require to assist him, and there to examine any second-hand vehicle; and where in the opinion of that member, authorised officer or traffic inspector, it is necessary to road-test any such vehicle, the dealer, yard manager or salesperson shall permit him, or such other person as that member, authorised officer or traffic inspector may nominate, to remove the vehicle from the premises and drive it, for that purpose, but nothing in this subsection authorises any such member, authorised officer, traffic inspector, or person so nominated, to remove or drive any agricultural implement for that purpose.

        Penalty: $5 000.

        (1a)         In subsection (1) dealer includes any person carrying on the business of a wrecker of motor vehicles or of buying or selling vehicles for which a dealer’s licence is not required under this Act, and in relation to such a person —

            (a)         the terms yard manager and salesperson mean an employee of the person; and

            (b)         the term authorised premises means the premises at which that person carries on business.

        (2)         Notwithstanding the provisions of any other Act, an unlicensed vehicle may be driven on a road by a person acting under the authority of subsection (1).

        (3)         Subject to subsection (4) a dealer, or a yard manager or salesperson acting on behalf of a dealer, shall not, during any hours when the dealer is lawfully able to keep his authorised premises open to the public, cause or permit a second-hand vehicle of which the dealer is the trade owner to be kept or parked elsewhere than at the authorised premises of the dealer.

        Penalty: $5 000.

        (4)         In any proceedings for an offence against subsection (3) it is a defence to prove —

            (a)         that the vehicle was kept or parked at or adjacent to the residence or place of business or employment of a particular prospective purchaser for the purpose of displaying it to that prospective purchaser; or

            (b)         that during the period for which the vehicle was kept or parked elsewhere than at the authorised premises —

                  (i)         it was not so kept or parked for the purpose of causing the vehicle to be offered or displayed for sale except as described in paragraph (a); and

                  (ii)         it was not so kept or parked for the purpose of avoiding the provisions of this section or of any other section of this Act.

        [Section 27 amended: No. 58 of 1974 s. 20 and 21; No. 106 of 1981 s. 16; No. 68 of 1982 s. 3; No. 4 of 2002 s. 31(1), 32, 41 and 67.]

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