Western Australian Current Acts Western Australian Current Acts (1) A dealer, yard
manager or salesperson shall not —
(a)
offer or display a second-hand vehicle for sale; or
(b)
cause, suffer or permit a second-hand vehicle to be offered or displayed for
sale,
unless there is
attached to the vehicle in the manner specified in subsection (6) a notice in
the prescribed form containing the prescribed particulars.
Penalty: $2 000.
(2) Where the
Commissioner is satisfied that —
(a) a
second-hand vehicle referred to in subsection (1) has been brought into this
State from a place outside this State for the purposes of sale; and
(b) any
one or more of the required particulars are not available to the person
referred to in subsection (1),
he may by notice in
writing direct that such of the required particulars as are referred to in
that notice need not be contained in the prescribed form referred to in that
subsection and the omission by a person of those required particulars will not
constitute an offence against the provisions of that subsection if in any
proceedings for such an offence that person proves that the omission of those
particulars was authorised by a notice under this subsection.
(3) For the purposes
of this section the following are the required particulars —
(a) the
name and business address of the dealer by whom the vehicle is offered or
exposed for sale; and
(b)
where the vehicle is equipped with an odometer, the reading on the odometer of
the vehicle at the time the vehicle was acquired from the last owner of the
vehicle; and
(c) the
cash price of the vehicle; and
(d) the
year of first registration of the vehicle and the year of manufacture of the
vehicle; and
(e) the
licence plate number of the vehicle or, if a licence has not been granted in
respect of the vehicle under the Road Traffic (Vehicles) Act 2012 , the word
“unlicensed”; and
[(f) deleted]
(g) such
other particulars as are prescribed.
(4) A person shall not
insert, or suffer or permit to be inserted, in any notice referred to in
subsection (1) any statement or representation that is false or misleading in
a material particular.
Penalty: $5 000.
(5) In any proceedings
for an offence that is a contravention of subsection (4) where the
contravention consists of a false or misleading statement as to the year of
first registration of the vehicle it shall be a defence for the accused to
prove that —
(a) he
took reasonable steps to ascertain the year of first registration of the
vehicle; and
(b) to
the best of his knowledge and belief the statement made as to the year of
first registration was a true and accurate one.
(6) For the purposes
of subsection (1), the notice shall —
(a)
except as provided in paragraph (b), be placed inside the vehicle where it can
be clearly read through the windscreen; and
(b)
where the vehicle is a motor cycle or is a vehicle not equipped with a
windscreen, be attached to the vehicle in such a way and place as to cause the
particulars contained in the notice to be clearly visible to a person standing
near the vehicle.
(7) Where a dealer
sells a vehicle, he shall —
(a)
cause not less than 2 copies of the notice attached to the vehicle pursuant to
the provisions of this section to be made out and signed by him or a yard
manager or salesperson acting on his behalf; and
(b)
cause at least 2 of the copies of the notice made out pursuant to paragraph
(a) to be signed by the purchaser; and
(c)
cause one of the copies of the notice made out pursuant to paragraph (a) and
signed by the purchaser pursuant to paragraph (b) to be given to the
purchaser; and
(d)
retain for a period of not less than 2 years the notice displayed on the
vehicle and one copy of the notice made out pursuant to paragraph (a) and
signed by the purchaser pursuant to paragraph (b).
Penalty: $1 000.
[Section 33 amended: No. 74 of 1975 s. 15; No. 49
of 1979 s. 14; No. 4 of 2002 s. 31(1) and 43; No. 73 of 2003 s. 19; No. 84 of
2004 s. 82; No. 8 of 2012 s. 145.]
[Heading inserted: No. 4 of 2002 s. 58.]