Western Australian Current Acts

MOTOR VEHICLE DEALERS ACT 1973 - SECT 45

45 .         Acts with intent to deceive, offences as to

        (1)         A person shall not —

            (a)         alter or cause to be altered or connive in the alteration of the reading of an odometer on the vehicle; or

            (aa)         state or represent as the reading of an odometer on the vehicle a reading other than the reading that is the same as the reading at the time the vehicle was acquired from the last owner of the vehicle, increased by the distance travelled by the vehicle since it was so acquired; or

            (b)         state or represent as the year of manufacture of the vehicle a year other than the actual year of manufacture of the vehicle; or

            (c)         state or represent as the year of first registration of the vehicle a year other than the actual year of first registration of the vehicle; or

            (d)         state or represent as the model designation of the vehicle a model designation other than the actual model designation of the vehicle; or

            (e)         state or represent in any way that a vehicle which has been used as a taxi-car has not been so used,

                wilfully and with intent to deceive another person.

        Penalty applicable to paragraph (a): $50 000.

        Penalty applicable to other paragraphs: $5 000.

        (2)         If in any proceedings for an offence that is a contravention of subsection (1) it is proved that —

            (a)         a second-hand vehicle, being a vehicle to which Part III applies, was offered or displayed for sale by a dealer; and

            (b)         the distance travelled by the vehicle as ascertained by reference to the reading of the odometer of the vehicle is less than that distance as ascertained by reference to the reading of the odometer of the vehicle set out in the notice displayed pursuant to section 33 in relation to that vehicle,

                it shall be presumed in the absence of proof to the contrary that the dealer who so offered or displayed the vehicle has wilfully altered or caused to be altered or connived in the alteration of the odometer of the vehicle with intent to enhance the value of the vehicle.

        (3)         Where a dealer or a person concerned in management or conduct of the business of a dealer, including but not necessarily being a yard manager or dealer, is convicted of an offence that is a contravention of subsection (1) a purchaser who purchased the second-hand vehicle in respect of which that offence was committed from that dealer relying on —

            (a)         the reading of the odometer of the vehicle as altered; or

            (b)         the statement or representation as to the year of manufacture of the vehicle; or

            (c)         the statement or representation as to the year of first registration of the vehicle or as to the model designation of the vehicle,

                as the case may be, may sue for and recover from the dealer so convicted as a debt due to him an amount equal to 3 times the prescribed amount.

        (4)         In subsection (3) the prescribed amount means the amount determined by the court hearing the matter as being the difference between the sale price of the vehicle and its fair value at the time of the sale.

        [Section 45 amended: No. 49 of 1979 s. 24; No. 4 of 2002 s. 49.]