Offence
30 Offence
A dealer shall not supply any goods in the course of a business without first procuring the discharge of any inventory security interest created by the dealer in the goods.
Penalty: $2 500.
Subsection (1) does not apply in relation to the sale, exchange or disposition of a vehicle as defined in section 5(2) of the Motor Vehicle Dealers Act 1973 that is subject to an inventory security interest by a licensed motor vehicle dealer as defined in that Act if the sale, exchange or disposition is authorised by and in accordance with the terms of the inventory security interest.
A dealer shall not supply any goods in the course of a business without first procuring the discharge of —
any security interest of which the dealer has notice; and
any registered security interest whether or not the dealer has notice of the interest; and
if the vehicle is not licensed under the Road Traffic (Vehicles) Act 2012 but is registered or licensed under the law of another State or a Territory, any security interest in the vehicle registered under the provisions of a law of that State or Territory corresponding to the provisions of this Act (whether or not those provisions are declared under section 3(8) to be a corresponding law of that State or Territory for the purposes of this Act).
Penalty: $2 500.
Without affecting the operation of subsection (2), subsections (1) and (3) do not apply to the extent or in the circumstances prescribed by the regulations.
[Section 30 amended: No. 8 of 2012 s. 52.]
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