Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the contrary intention appears —
approved means approved by the Commissioner;
authorisation means —
(a) a
dealer’s licence; or
(b) a
yard manager’s licence; or
(c) a
salesperson’s licence; or
(d)
registration as a car market operator;
authorised officer means an authorised person as
defined in the Fair Trading Act 2010 section 63;
authorised premises —
(a) in
relation to a dealer, means premises —
(i)
particulars of which are included in the dealer’s
licence in accordance with section 20E(5); or
(ii)
for which a temporary permit is in force under
section 20H;
and
(b) in
relation to a car market operator, means premises particulars of which are
included in the registration of the operator in accordance with
section 21A(5);
buying or selling , in relation to vehicles,
includes acting as agent for persons in connection with the buying or selling
of vehicles;
car hire operator means a person who carries on
the business of hiring vehicles, where the right to purchase the vehicle is
not included in that hiring;
car market means a market for the sale, or offer,
exposure or display for sale, of second-hand vehicles by persons other than
the person providing the premises for the market but does not include an
auction;
car market operator means a person who carries on
the business of providing premises for a car market whether or not those
premises are used for any other purpose;
cash price in relation to the sale of a
second-hand vehicle means the price for which the vendor is willing to sell
the vehicle for cash complete with all accessories and other attachments then
fitted to or supplied with the vehicle;
certificate of registration means a certificate of
registration under section 17B(4);
Commissioner has the meaning given in the
Fair Trading Act 2010 section 6;
dealer means —
(a) a
person who carries on any class or description of business of —
(i)
buying or selling vehicles; or
(ii)
acting as agent for other persons in relation to the
buying or selling of vehicles,
(including a business
of selling vehicles by auction) that is prescribed by regulations referred to
in section 5A; or
(b) a
financier; or
(c) a
car hire operator;
dealer’s licence means a vehicle
dealer’s licence granted under section 15;
demonstration vehicle means a vehicle —
(a) in
respect of which a licence has been granted under the Road Traffic (Vehicles)
Act 2012 to the dealer by whom it is being sold or offered or exposed for sale
and has been used by that dealer for the purposes of demonstration; and
(b) in
respect of which there remains an obligation on the part of the manufacturer
to the purchaser of the vehicle from the dealer greater than the obligation
which would be imposed on a dealer by the provisions of section 34 were that
vehicle to be sold by him at the material time;
Department means the department of the Public
Service principally assisting in the administration of this Act;
financier means a person whose ordinary business
is not that of buying or selling vehicles but who carries on or acts in that
business only for one or more of the following purposes, that is to say
—
(a) for
the purpose of the hiring, under a hire-purchase agreement, of the vehicle
bought or sold; or
(b) for
the purpose of effectuating a security over the vehicle bought or sold; or
(c) for
the purpose of the hiring, where the right to purchase the vehicle is not
included in that hiring, of the vehicle bought or sold; or
(d) for
the purpose of disposing of vehicles acquired by him in connection with the
purposes referred to in paragraphs (a), (b) or (c) of this interpretation;
grant , in relation to an authorisation, means
—
(a) the
grant of a licence to a person or to persons constituting a firm; or
(b) the
registration of a person, or persons constituting a firm, under section 17B;
hire-purchase agreement includes any transaction
or agreement which is a hire-purchase agreement within the interpretation
given to that term from time to time by the Hire-Purchase Act 1959 , and where
used in paragraph (a) of the interpretation financier , includes an agreement
which would, but for paragraph (e) of the interpretation of the term in the
Hire-Purchase Act 1959 , be a hire-purchase agreement;
hold , in relation to an authorisation, means
—
(a) to
hold a licence; or
(b) to
be registered under section 17B;
licence means a licence granted under this Act;
model designation in relation to a vehicle of a
particular model, means the words or symbols (if any) applied by the
manufacturer of that vehicle to identify a vehicle of that model;
salesperson means a person who is employed or
engaged by or on behalf of a dealer in the buying or selling of motor vehicles
other than in the capacity of yard manager;
salesperson’s licence means a
salesperson’s licence granted under section 17;
section means section of this Act;
sell in relation to a vehicle, includes the
entering into as owner of a hire-purchase agreement and a disposal of any
interest in that vehicle, but does not include the hiring of that vehicle
where a right to purchase the vehicle is not included in that hiring, and the
expressions sale and sold should be construed accordingly;
trade owner in relation to a vehicle means any
person who acquires that vehicle for the purposes of reselling that vehicle or
for the purpose of the hiring of that vehicle where the right to purchase that
vehicle is not included in that hiring;
yard manager means a person who is employed or
engaged by or on behalf of a dealer to manage or supervise the carrying on of
that dealer’s business of buying or selling vehicles at one of the
premises at which the dealer carries on that business;
yard manager’s licence means a yard
manager’s licence granted under section 16;
year of first registration in relation to a
vehicle, means the year in which that vehicle was first licensed or registered
under the law of this State or elsewhere, for the time being in force
regulating the use of vehicles;
year of manufacture in relation to a vehicle,
means the year in which the vehicle was manufactured.
(1a) For the purposes
of this Act, second-hand vehicle includes a vehicle that has, at any time
before being offered or exposed for sale, been licensed or registered whether
under the law of this State or of any other State or Territory of the
Commonwealth regulating the use of vehicles but does not include a
demonstration vehicle.
(2) In sections 25,
26, 28 and 29, and in section 27(1), (1a) and (2), vehicle means —
(a) a
motor vehicle as defined in the Road Traffic (Administration) Act 2008
section 4; and
(b) a
trailer, semi-trailer or caravan designed to be attached to a motor vehicle.
(3) In this Act, other
than in the provisions specified in subsection (2), vehicle means —
(a) a
passenger car; or
(b) a
passenger car derivative; or
(c) a
motor cycle; or
(d) a
camper van; or
(e) a
vehicle of a type or class that is prescribed to be a type or class of vehicle
to which this Act applies.
(4) For the purposes
of subsection (3) —
camper van means a vehicle specially fitted for
camping or touring purposes and which is equipped with sleeping facilities and
cooking facilities;
motor cycle means a self-propelled vehicle that
has 2 wheels, or, where a side car is attached thereto, has 3 wheels;
passenger car means a vehicle (other than a motor
cycle) constructed principally for the conveyance of persons;
passenger car derivative means a vehicle of the
same make as a factory produced passenger car and in which the forward part of
the body form and the greater part of the mechanical equipment are the same as
those in the passenger car.
(5) Unless the
contrary intention appears, any reference in this Act to the grant or issue of
any of the authorisations provided for by this Act or to an application
therefor shall be read as including a reference to the grant or issue of the
renewal of that authorisation or to an application therefor, as the case
requires.
(6) For the purposes
of this Act, where a dealer sells a second-hand vehicle to a financier in the
expectation that the financier will sell that vehicle to a third person and
the financier so sells that vehicle to that third person, the dealer shall be
deemed to have sold the vehicle to that third person.
(7) In this Act a
reference to the conduct of a car market at premises pursuant to a
registration of a person as a car market operator is a reference to the
conduct of a car market at the premises while the premises are being provided
under the authority of the registration.
(8) Where —
(a) a
licence is granted to 2 or more persons under section 15(2); or
(b) 2 or
more persons are registered under section 17B(2),
references in this Act
to the holder of a licence or authorisation, to a registered person or to a
person who is registered, as the case may be, are references to those persons
jointly, unless a contrary intention appears .
[Section 5 amended: No. 74 of 1975 s. 3; No. 66 of
1976 s. 2; No. 49 of 1979 s. 3; No. 87 of 1981 s. 4; No. 6 of 1982 s. 3; No. 1
of 1985 s. 25; No. 73 of 1994 s. 4; No. 57 of 1997 s. 39(10); No. 4 of 2002 s.
4, 31(2)-(3) and 54; No. 73 of 2003 s. 5 and 23(1) and (2); No. 28 of 2006 s.
107; No. 58 of 2010 s. 34 and 50; No. 8 of 2012 s. 143; No. 23 of 2014 s. 26.]