(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
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
(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.]