Western Australian Current Acts

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MOTOR VEHICLE DEALERS ACT 1973 - SECT 32

32 .         Application of this Part

        (1)         Without limiting Division 2, the provisions of this Part do not apply to or in relation to the sale of a vehicle —

            (a)         to a dealer; or

            (b)         by auction, unless that vehicle is owned by a trade owner.

        (1a)         The provisions of section 33(3)(c) do not apply where a vehicle owned by a trade owner is sold by auction.

        (2)         Where a vehicle is sold by a financier or car hire operator, this Part does not apply to the financier or car hire operator or to any of his employees or agents, but the provisions of this subsection do not affect the duties or obligations under this Part of or attaching to a dealer who is not a financier or car hire operator, or to any yard manager or salesperson of such a dealer, in relation to any transaction or transactions by or under which the dealer is, pursuant to section 5(6), deemed to have sold a vehicle to a person.

        (3)         Where in relation to the sale of a second-hand vehicle, the vehicle was delivered prior to the time at which the offer to purchase the vehicle was accepted, the time at which the vehicle was sold shall, for the purposes of sections 33, 34 and 35, be deemed to be the time at which the vehicle was so delivered.

        [Section 32 amended: No. 74 of 1975 s. 14; No. 73 of 1994 s. 4; No. 4 of 2002 s. 27, 31(1) and 56.]

        [Heading inserted: No. 4 of 2002 s. 57.]



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