Motor Vehicle Traders Act 2011

A person deals in motor vehicles if – the person carries on, or holds himself or herself out as carrying on, a business of dealing in motor vehicles that is located in this State, or another State or a Territory, that deals in motor vehicles that are located in this State; or the person during the immediately preceding 12-month period buys, sells or exchanges, or offers to buy, sell or exchange, a total of 6 or more motor vehicles located in this State otherwise than as an employee of a licensed motor vehicle trader.

For the purposes of subsection (1)(b), an offer to sell a motor vehicle includes – an invitation to treat in respect of the sale of the vehicle; and the publication of, or the authorisation of the publication of, an advertisement in respect of the sale of the vehicle.

Despite subsection (1), the following persons are not dealing in motor vehicles:a finance provider, or an employee of a finance provider, who buys, sells or exchanges motor vehicles for the purposes of carrying on the business of the finance provider; a person who buys motor vehicles for the purpose of dismantling them; the Crown; a person who auctions motor vehicles on behalf of the persons who own them; a park and sell operator; a person who buys, sells or exchanges motor vehicles as a collector of motor vehicles and those vehicles are intended to form, or formed, part of that person's collection.

A person – referred to in subsection (3)(a) may still be dealing in motor vehicles if he or she buys, sells or exchanges motor vehicles otherwise than for the purposes of carrying on the business of finance provider; or referred to in subsection (3)(b) may still be dealing in motor vehicles if he or she buys motor vehicles otherwise than for the purpose of dismantling them; or referred to in subsection (3)(d) may still be dealing in motor vehicles if he or she buys motor vehicles for the purpose of auctioning or onselling them; or referred to in subsection (3)(e) may still be dealing in motor vehicles if he or she buys, sells or exchanges motor vehicles from the land on which he or she, as a park and sell operator, allows other persons to park motor vehicles for the purposes of offering them for sale and selling them; or referred to in subsection (3)(d) may still be dealing in motor vehicles if he or she, as an auctioneer, buys, sells or exchanges motor vehicles otherwise than on behalf of the persons who own them; or referred to in subsection (3)(f) may still be dealing in motor vehicles if he or she buys, sells or exchanges motor vehicles otherwise than as a collector of motor vehicles for the purposes of the collection.