Second-Hand Vehicle Dealers Act 1995

A contract for the sale of a second-hand vehicle by a dealer must—

be in writing; and

be comprised in one document; and

be signed by the parties to the sale; and

contain the following information set out in the prescribed manner:

the name in which the dealer is licensed and the business address of the dealer; and

a brief description or identification of the vehicle; and

if the contract is subject to a cooling‑off period—

when the cooling‑off period will expire; and

prescribed information about the rights and obligations of the parties to the sale under Subdivision 3; and

if the vehicle is registered—the vehicle's registration number; and

if the vehicle is not registered—the vehicle's engine number; and

the price for which the vehicle is being sold and the amount of any other fees and charges payable by the purchaser (being fees or charges payable to the dealer or of a kind prescribed by regulation) together with a description of each such fee or charge; and

if all or part of the consideration passing from the purchaser is represented by a vehicle or other thing—the monetary value ascribed to that vehicle or thing; and

if a place has been agreed on as the place at which the vehicle may be delivered for the purpose of repair under Part 4—the address of the agreed place; and

if a place has not been agreed on as the place at which the vehicle may be delivered for the purpose of repair under Part 4—a statement that the vehicle may be delivered to any business premises of the dealer for that purpose; and

such other particulars as are prescribed; and

contain a statement to the effect that a purported exclusion, limitation, modification or waiver of the rights conferred by this Act is void unless expressly provided for by this Act.

Without limiting subsection (1), nothing in that subsection prevents a dealer from including such other information as the dealer thinks fit in a contract for the sale of a second‑hand vehicle by the dealer.

If a contract for the sale of a second-hand vehicle by a dealer is not in writing signed by the parties, the contract is not enforceable against the purchaser.

If a contract for the sale of second-hand vehicle by a dealer does not comply with subsection (1), the dealer is guilty of an offence.

The dealer must ensure that the document intended to constitute the contract is not submitted to the purchaser for signature unless—

it contains all the material terms of the contract including the particulars required under this section; and

if the document is not to be signed by the parties in each other's presence—a copy of the document is at the same time given to the purchaser for retention.

If the parties sign the contract document in each other's presence, the dealer must ensure that a copy of the signed document is immediately given to the purchaser for retention.

If a party signs the contract document when not in the presence of the purchaser, the dealer must ensure that a copy of the signed document is, within seven days, given or sent to the purchaser for retention.

This section does not apply to the sale of a second-hand vehicle negotiated by an auctioneer immediately after the conduct of an auction for the sale of the vehicle unless the sale is made on the auctioneer's own behalf or on behalf of another person who is a dealer.