Particulars to be displayed
52 Particulars to be displayed
S. 52(1) amended by No. 74/1996 s. 50(b).
A motor car trader must not offer or display for sale, or authorize or permit to be so offered or displayed, a used motor car (not being a commercial vehicle, veteran motor car, vintage motor car or classic and historic motor car) unless there is attached to that motor car a notice in the prescribed form containing the required particulars.
- 10 penalty units.
The following are the required particulars—
S. 52(2)(a) substituted by No. 4/2008 s. 18(1).
the name and business address of the current owner of the motor car;
S. 52(2)(b) amended by No. 6/1989 s. 15, substituted by No. 4/2008 s. 18(1), repealed by No. 50/2014 s. 40.
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S. 52(2)(ba) inserted by No. 4/2008 s. 18(1), repealed by No. 50/2014 s. 40.
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if the motor car is equipped with an odometer, the distance travelled by the motor car entered by the motor car trader in the dealings book when the trader acquired the motor car or received custody or possession of the motor car for the purpose of sale (as the case may be);
except in the case of a motor car offered or displayed for sale at a public auction, the cash price of the motor car;
S. 52(2)(e) repealed by No. 12/2015 s. 14.
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the model designation (if any) of the motor car;
such other particulars as are prescribed.
S. 52(3) amended by No. 52/1998 s. 165.
If the Director is satisfied that—
a used motor car has been brought from a place outside Victoria for the purpose of sale; and
any of the required particulars are not available to the motor car trader—
the Director may, by notice in writing, direct that such of the required particulars referred to in that notice need not be contained in the notice required by subsection (1) and the omission by a person of those required particulars does not constitute an offence against the provisions of subsection (1).
A person must not insert, or authorize or permit to be inserted, in any notice under subsection (1) any statement or representation that is false or misleading in a material particular.
- 10 penalty units.
If a motor car is offered or displayed for sale by a licensed motor car trader on behalf of another motor car trader and the licensed motor car trader complies with subsection (1), the other motor car trader is deemed to have complied with that subsection.
S. 52(6) amended by No. 74/1996 s. 50(b).
On the sale of a used motor car to which subsection (1) applies, the motor car trader must ensure that the purchaser signs a copy of the prescribed form referred to in that subsection and, subject to and in accordance with the regulations, must retain the copy.
Penalty applying to this subsection: 10 penalty units.
S. 52(7) inserted by No. 4/2008 s. 18(2).
In this section commercial vehicle does not include a motor car that has a vehicle category code of NA stamped on its compliance plate (regardless of whether that code appears by itself or in combination with one or more numbers).
S. 53 repealed by No. 74/1996 s. 51(a), new s. 53 inserted by No. 4/2008 s. 19, repealed by No. 50/2014 s. 41.
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This provision refers to the regulations (prescribed form
, the regulations
). Made under this Act:
- Motor Car Traders (Fees) Regulations 2018 · under section 90
- Motor Car Traders Regulations 2018 · under section 90
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