Simplified procedure concerning proof that person traded in motor cars
85A Simplified procedure concerning proof that person traded in motor cars
S. 85A(1) amended by No. 91/2005 s. 6(1).
In a prescribed class of hearing a statement by a relevant person—
that an address, telephone number or post office box number is a person's address, telephone number or post office box number is evidence of that fact;
that a person was registered in relation to a business name on a specified date is evidence of that fact;
that an advertisement (or invitation to treat) for the purchase, sale or exchange of a motor car contained—
the name, address, telephone number or post office box number of the person charged or an agent of the person charged; or
a business name in relation to which the person charged or an agent of the person charged is registered—
is evidence that the person charged offered to buy, sell or exchange the motor car (as the case may be);
that such an advertisement (or invitation to treat) was published is evidence that the advertisement (or invitation) was published;
that such an advertisement (or invitation to treat) was published on a specified date is evidence that the advertisement (or invitation) was published on that date.
Nothing in this section prevents the asking of any question concerning the basis on which a statement was made under this section.
S. 85A(3) inserted by No. 91/2005 s. 6(2).
In this section—
S. 85A(3) def. of prescribed class of hearing amended by No. 21/2012 s. 239(Sch. 6 item 28.7).
prescribed class of hearing means—
a hearing of a charge for an offence against section 7; or
a hearing in a proceeding under a provision of the Australian Consumer Law and Fair Trading Act 2012 as applied by section 82I of this Act;
relevant person means—
in the case of a hearing of a charge for an offence against section 7, the prosecutor or the informant; and
in any other case, the Director.
S. 86 substituted by No. 74/1996 s. 40.
This provision refers to the regulations (prescribed class
). 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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