South Australia
Second-hand Vehicle Dealers Regulations 1995
under the Second-hand Vehicle Dealers Act 1995

Contents
1	Short title
2	Commencement
3	Revocation
4	Interpretation
5	Exemptions
5A	Fees
6	Forms
7	Annual fee and return
8	Notification of change in circumstances
9	Return etc of licence or certificate of registration
10	Display of licences, registration etc
11	Notices to be displayed (section 16)
12	Form of contract (section 17)
13	Notices to be provided to purchasers of second-hand vehicles (section 18)
14	Sale of vehicle and Dealer's Copy of Section 16 Notice
15	Notices to be displayed in case of auction (section 20)
16	Notices to be provided to purchasers of second-hand vehicles (section 21)
17	Sale of vehicle and Auctioneer's Copy of Auction Notice
18	Trade auctions (section 22)
19	Sales between dealers
20	Advertisements
21	Dealers not under duty to repair certain defects (section 23)
22	Second-hand Vehicles Compensation Fund (Schedule 3 of Act)
23	Waiver of rights (section 33)
Schedule 1—Fees
Schedule 2—Forms
Schedule 3—Advertisements for sale of second-hand vehicles
Schedule 4—Defects in vehicles
Part 1—Defects in accessories
Part 2—Left-hand drive configuration
Schedule 5—Contributions to second-hand vehicles compensation fund
Schedule 6—Waiver of rights
Legislative history

1—Short title
These regulations may be cited as the Second-hand Vehicle Dealers Regulations 1995.
2—Commencement
These regulations will come into operation on the day on which the Second-hand Vehicle Dealers Act 1995 comes into operation.
3—Revocation
The Second-hand Motor Vehicles Regulations 1985 (see Gazette 7.11.1985 p1375), as varied, are revoked.
4—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Second-hand Vehicle Dealers Act 1995;
Auction Notice means—
	(a)	if the auctioneer is conducting an auction on the auctioneer's own behalf or on behalf of a dealer—
	(i)	for the sale of a second-hand vehicle other than a motorcycle—a notice in the form set out in Form 4;
	(ii)	for the sale of a second-hand motorcycle—a notice in the form set out in Form 4A;
	(b)	if the auctioneer is conducting an auction on behalf of another person not being a dealer—
	(i)	for the sale of a second-hand vehicle other than a motorcycle—a notice in the form set out in Form 6;
	(ii)	for the sale of a second-hand motorcycle—a notice in the form set out in Form 6A;
compliance plate means an identification plate authorised by the Australian Motor Vehicle Certification Board for affixing to a particular vehicle or class of vehicle;
duty to repair means the duty to repair imposed on a dealer under Part 4 of the Act;
Section 16 Notice means—
	(a)	in relation to the offer or exposure for sale of a second-hand vehicle other than a motorcycle—a notice in the form set out in Form 1;
	(b)	in relation to the offer or exposure for sale of a second-hand motorcycle—a notice in the form set out in Form 1A;
year of manufacture means—
	(a)	the year of the date referred to on the compliance plate (if any) affixed to the vehicle; or
	(b)	the year (if any) impressed on or affixed to the vehicle by the manufacturer as the year in which the vehicle was manufactured; or
	(c)	the year during which the manufacture of the vehicle was completed to a stage that would have enabled the vehicle to be registered,
whichever year is the earliest.
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 2.
5—Exemptions
The following activities are exempt from the application of the Act:
	(a)	the selling or exposing for sale of vehicles with an unladen mass exceeding 3 000 kg;
	(b)	the selling or exposing for sale of vehicles manufactured or adapted solely for agricultural or industrial use;
	(c)	the selling or exposing for sale of vehicles by an executor or trustee on behalf of the estate of a deceased person.
5A—Fees
	(1)	The fees set out in Schedule 1 are prescribed for the purposes of the Act.
	(2)	The Commissioner may waive, reduce or refund a fee (or part of a fee) if satisfied that it is appropriate to do so in a particular case.
6—Forms
A notice must, in order to be in a form set out in Schedule 2—
	(a)	contain particulars and statements and be completed as required or indicated by the form; and
	(b)	not contain any particulars or statements other than those required or indicated under the Act or these regulations; and
	(c)	be printed in characters not smaller than the corresponding characters in that form as set out in Schedule 2; and
	(d)	not include any printing or handwriting (other than a signature) that is not clear and legible.
7—Annual fee and return
	(1)	For the purposes of section 11(2) of the Act, the date for payment of an annual fee and for lodging an annual return is—
	(a)	in the case of a dealer who held a licence immediately before the commencement of this paragraph—
	(i)	the last day of the month in each year nominated in writing to the dealer by the Commissioner; or
	(ii)	if the Commissioner does not nominate a month—30 November in each year;
	(b)	in the case of a dealer who is granted a licence after the commencement of this paragraph—
	(i)	the last day of the month in each year nominated in writing to the dealer by the Commissioner; or
	(ii)	if the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the dealer's licence was granted.
	(2)	For the purposes of section 11(3) of the Act, the penalty for default in paying the annual fee or lodging the annual return is as set out in Schedule 1.
8—Notification of change in circumstances
	(1)	If there is any change in—
	(a)	the residential address of a licensed dealer; or
	(b)	the name in which a licensed dealer carries on business; or
	(c)	the address of the registered corporate office of a licensed dealer that is a body corporate; or
	(d)	the address for service of a licensed dealer,
the dealer must, within 14 days after that change, give written notice to the Commissioner of the new address or name (as the case may be).
Maximum penalty: $2 500.
Expiation fee: $160.
	(2)	A licensed dealer must, within 14 days after ceasing to carry on business as a dealer, give written notice to the Commissioner of that fact.
Maximum penalty: $2 500.
Expiation fee: $160.
	(3)	A licensed dealer must, within 14 days after entering into partnership to carry on business as a dealer or ceasing to be in such a partnership, give written notice to the Commissioner of that fact, together with the names and addresses of the members of the new or former partnership.
Maximum penalty: $2 500.
Expiation fee: $160.
	(4)	If a person is appointed as a director of a body corporate that is a licensed dealer, the dealer must, within 14 days after the appointment—
	(a)	notify the Commissioner in the manner and form approved by the Commissioner of the appointment of the new director; and
	(b)	provide the Commissioner with any information required by the Commissioner for the purposes of determining whether the new director meets the requirements for directors under section 9(2) of the Act.
Maximum penalty: $2 500.
Expiation fee: $160.
9—Return etc of licence or certificate of registration
	(1)	If—
	(a)	the licence of a dealer is surrendered, suspended or cancelled; or
	(b)	the registration of premises at which a licensed dealer carries on business as a dealer is cancelled; or
	(c)	a licensed dealer ceases to carry on business as a dealer at premises registered in the dealer's name,
the dealer must, at the direction of the Administrative and Disciplinary Division of the District Court or the Commissioner, return the licence or a certificate of registration issued in respect of the premises (as the case may be) to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
	(2)	If, on an application under section 8 of the Act, a licence has been issued to a dealer and (if applicable) premises have been registered in the dealer's name but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the dealer must, at the direction of the Commissioner, return the licence and (if applicable) the certificate of registration issued in respect of the premises to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
	(3)	If, on an application under section 14 of the Act, premises have been registered in the name of a licensed dealer but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the dealer must, at the direction of the Commissioner, return the certificate of registration issued in respect of the premises to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
	(4)	The Commissioner may issue to a licensed dealer a licence or certificate of registration in replacement of a current licence or certificate of registration (as the case requires) if satisfied that—
	(a)	the current licence or certificate has been lost, destroyed or damaged; or
	(b)	any particulars appearing on the current licence or certificate are incorrect.
	(5)	If the Commissioner issues to a licensed dealer a replacement licence or certificate of registration, the dealer must, at the direction of the Commissioner, return the original (or previous duplicate) licence or certificate of registration (as the case may be) to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
10—Display of licences, registration etc
A licensed dealer must ensure—
	(a)	that—
	(i)	a copy of the dealer's licence; and
	(ii)	if the registration of premises is not endorsed on the licence—a copy of the certificate of registration of the premises,
is prominently displayed at each of the premises registered in the dealer's name in an area accessible to the public; and
	(b)	that—
	(i)	the name under which the dealer carries on business as a dealer; and
	(ii)	the words "Licensed Second-hand Vehicle Dealer" (which may be abbreviated to "LVD") immediately followed by the dealer's licence number, or, if two or more licensed dealers are conducting a business in partnership, the licence number of each of the partners,
is prominently and permanently displayed at the main public entrance to each of the premises registered in the dealer's name.
Maximum penalty: $2 500.
11—Notices to be displayed (section 16)
	(1)	For the purposes of section 16 of the Act, the notice required by that section to be attached to a second-hand vehicle offered or exposed for sale is a Section 16 Notice.
	(2)	A dealer must, in respect of a Section 16 Notice, ensure that—
	(a)	subject to this regulation, three identical copies of the Notice are prepared;
	(b)	the copy to be attached to the vehicle—
	(i)	is endorsed with the statement "Display Copy"; and
	(ii)	—
	(A)	in the case of a motorcycle—is folded in half and inserted (in such a manner that the contents are clearly visible) in a plastic envelope that is attached to the handle bars of the motorcycle to which it relates;
	(B)	in the case of any other vehicle—is attached to the inside of a window of the vehicle to which it relates (in such a manner that the contents of the notice are clearly visible through the window);
	(c)	the second copy is endorsed with the statement "Purchaser's Copy" and has the form set out in Form 2 or Form 2A (as the case requires) printed on the reverse side;
	(d)	the third copy (the Dealer's Copy) is endorsed with the statement "Dealer's Copy" and—
	(i)	in the case of a motorcycle—has the form set out in Form 2A printed on the reverse side;
	(ii)	in the case of any other vehicle—has the part of the form set out in Part 1 of Form 2 printed on the reverse side;
	(e)	the second and third copies are kept at the registered premises of the dealer at which the vehicle to which the Section 16 Notice relates is being offered or exposed for sale.
Maximum penalty: $2 500.
12—Form of contract (section 17)
For the purposes of section 17(1)(d) of the Act—
	(a)	the particulars to be contained in a contract for the sale of a second-hand vehicle by a dealer must be set out in the contract in the manner shown in Form 3 or Form 3A (as the case requires); and
	(b)	the particulars required to be included in the contract are as required or indicated by that Form.
13—Notices to be provided to purchasers of second-hand vehicles (section 18)
For the purposes of section 18(b) of the Act, the notice required by that section to be given by a dealer to the purchaser of a second-hand vehicle must be in the form set out in Form 2 or Form 2A (as the case requires).
14—Sale of vehicle and Dealer's Copy of Section 16 Notice
	(1)	On the sale of a second-hand vehicle by a dealer (being a sale to which Division 1 of Part 3 of the Act applies), the dealer must complete the Dealer's Copy of the Section 16 Notice relating to the vehicle as required or indicated—
	(a)	in the case of a motorcycle—by Form 2A;
	(b)	in the case of any other vehicle—by Part 1 of Form 2.
Maximum penalty: $2 500.
	(2)	A licensed dealer must keep the Dealer's Copy of a Section 16 Notice for a period of not less than 12 months from the date of sale of the vehicle to which the Notice relates.
Maximum penalty: $2 500.
15—Notices to be displayed in case of auction (section 20)
	(1)	For the purposes of section 20 of the Act, the notice required by that section to be attached to a second-hand vehicle when the vehicle is available for inspection by prospective bidders at an auction for the sale of the vehicle is an Auction Notice.
	(2)	An auctioneer must, in respect of an Auction Notice, ensure that—
	(a)	subject to this regulation, three identical copies of the Notice are prepared;
	(b)	the copy to be attached to the vehicle—
	(i)	is endorsed with the statement "Display Copy"; and
	(ii)	—
	(A)	in the case of a motorcycle—is folded in half and inserted (in such a manner that the contents are clearly visible) in a plastic envelope that is attached to the handle bars of the motorcycle to which it relates;
	(B)	in the case of any other vehicle—is attached to the inside of a window of the vehicle to which it relates (in such a manner that the contents of the notice are clearly visible through the window);
	(c)	the second copy—
	(i)	is endorsed with the statement "Purchaser's Copy"; and
	(ii)	has printed on the reverse side—
	(A)	if the auctioneer is conducting the auction on the auctioneer's own behalf or on behalf of a dealer—the form set out in Form 5 or Form 5A (as the case requires);
	(B)	if the auctioneer is conducting the auction on behalf of another person not being a dealer—the form set out in Form 7 or Form 7A (as the case requires);
	(d)	the third copy (the Auctioneer's Copy)—
	(i)	is endorsed with the statement "Auctioneer's Copy"; and
	(ii)	has printed on the reverse side—
	(A)	if the auctioneer is conducting the auction on the auctioneer's own behalf or on behalf of a dealer—
	•	in the case of a motorcycle—the form set out in Form 5A;
	•	in the case of any other vehicle—the part of the form set out in Part 1 of Form 5;
	(B)	if the auctioneer is conducting the auction on behalf of another person not being a dealer—
	•	in the case of a motorcycle—the form set out in Form 7A;
	•	in the case of any other vehicle—the part of the form set out in Part 1 of Form 7;
	(e)	the second and third copies are kept at the premises of the auctioneer at which the vehicle to which the Auction Notice relates is available for inspection by prospective bidders.
Maximum penalty: $2 500.
16—Notices to be provided to purchasers of second-hand vehicles (section 21)
For the purposes of section 21(d) of the Act, the notice required by that section to be given by an auctioneer to the purchaser of a second-hand vehicle must—
	(a)	if the vehicle was sold on the auctioneer's own behalf or on behalf of a dealer—be in the form set out in Form 5 or Form 5A (as the case requires);
	(b)	if the vehicle was sold on behalf of another person not being a dealer—be in the form set out in Form 7 or Form 7A (as the case requires).
17—Sale of vehicle and Auctioneer's Copy of Auction Notice
	(1)	On the sale of a second-hand vehicle by an auctioneer (being a sale referred to in section 21 of the Act), the auctioneer must complete the Auctioneer's Copy of the Auction Notice relating to the vehicle as required or indicated—
	(a)	if the auctioneer conducted the auction on the auctioneer's own behalf or on behalf of a dealer—
	(i)	in the case of a motorcycle—by Form 5A;
	(ii)	in the case of any other vehicle—by Part 1 of Form 5;
	(b)	if the auctioneer conducted the auction on behalf of another person not being a dealer—
	(i)	in the case of a motorcycle—by Form 7A;
	(ii)	in the case of any other vehicle—by Part 1 of Form 7.
Maximum penalty: $2 500.
	(2)	An auctioneer must keep the Auctioneer's Copy of an Auction Notice for a period of not less than 12 months from the date of sale of the vehicle to which the Notice relates.
Maximum penalty: $2 500.
18—Trade auctions (section 22)
	(1)	For the purposes of section 22 of the Act—
	(a)	the notice required by that section to be attached to a second-hand vehicle when the vehicle is available for inspection by prospective bidders at a trade auction for the sale of the vehicle must be in the form set out in Form 8;
	(b)	the prescribed form of the statement required to be included in any advertisement of a trade auction is—
	(i)	if the advertisement is in a newspaper, magazine, leaflet or other printed or written material—the statement "Trade Auction—Bids Accepted from Licensed Dealers Only" in print, type or letters no smaller than the largest print, type or letters used elsewhere in the advertisement excepting the print, type or letters used in spelling the name or the business name of the person so advertising;
	(ii)	in any other case—the statement referred to in subparagraph (i) included in such a way and with such prominence that it is likely to come to the attention of the persons seeing or hearing the advertisement.
	(2)	If an auctioneer is required to attach a notice to a second-hand vehicle under section 22(1) of the Act, the auctioneer must ensure that the notice is attached to the inside of a window of the vehicle to which it relates in such a manner that the contents of the notice are clearly visible through the window.
Maximum penalty: $2 500.
19—Sales between dealers
If a second-hand vehicle is sold by a dealer to another dealer, the following provisions must be complied with:
	(a)	the sale must be evidenced by instrument in writing in the form set out in Form 9 (the Dealer Sale form) completed and signed by the dealers in duplicate within seven days of the purchasing dealer taking possession of the vehicle pursuant to the sale;
	(b)	one copy of the Dealer Sale form must be kept by the selling dealer for a period not less than two years from the date of sale of the vehicle;
	(c)	the other copy of the Dealer Sale form must be kept by the purchasing dealer for the period for which the dealer retains ownership of the vehicle and, if the vehicle is subsequently sold by the purchasing dealer, for a period of not less than 12 months from the date of the subsequent sale of the vehicle.
Maximum penalty: $2 500.
20—Advertisements
	(1)	An advertisement relating to the sale of a second-hand vehicle by a dealer must contain the information and particulars referred to in Schedule 3.
	(2)	An advertisement relating to the sale of a second-hand vehicle by a person other than a dealer must contain the information and particulars referred to in paragraph (c) of Schedule 3.
	(3)	A person who publishes an advertisement relating to the sale of a second-hand vehicle that does not comply with this regulation, or who causes or permits such an advertisement to be published, is guilty of an offence.
Maximum penalty: $2 500.
21—Dealers not under duty to repair certain defects (section 23)
	(1)	A dealer is not under a duty to repair a defect under section 23 of the Act—
	(a)	if the defect is listed in Part 1 or 2 of Schedule 4 and the dealer has complied with the conditions set out in that Part of the Schedule; or
	(b)	if the purchaser, without reasonable excuse, fails to give the dealer (being a licensed dealer) proper notice (written or oral) of the defect within the prescribed period; or
	(c)	if the purchaser must, in order to require the dealer to discharge such a duty, deliver or make reasonable efforts to deliver the vehicle to the dealer in accordance with section 24(1) and (2) of the Act, but fails to do so, without reasonable excuse, within five business days of the end of the prescribed period.
	(2)	In this regulation—
business day means any day except a Saturday or a Sunday or other public holiday;
prescribed period, in relation to a defect in a vehicle, means the period within which the defect must (according to section 23(4) of the Act) appear in order for the dealer to be under a duty to repair the defect.
22—Second-hand Vehicles Compensation Fund (Schedule 3 of Act)
	(1)	Clause 2 of Schedule 3 of the Act does not apply to a claim in respect of the provision by a dealer of goods or services that do not relate directly to the second-hand vehicle1 purchased or sold by the dealer or left in the dealer's possession.
	(2)	For the purposes of clause 4 of Schedule 3 of the Act, each licensed dealer is required to pay to the Commissioner the contribution referred to in Schedule 5 of these regulations in accordance with the provisions of that Schedule.
Note—
1	Goods or services not relating directly to the vehicle may include, for example, travel, accommodation, household goods, entry tickets to certain events etc or a scheme whereby goods or services may be redeemed in the future.
23—Waiver of rights (section 33)
	(1)	A person who purchases a second-hand vehicle from a dealer may waive his or her rights under Part 4 of the Act in relation to the repair of a defect in the vehicle if—
	(a)	the person signs a waiver document in the form set out in Schedule 6 before a witness of a kind specified in that Schedule; and
	(b)	the witness signs a certificate as required or indicated by that Schedule.
	(2)	A witness must not sign a witness certificate—
	(a)	if the witness is—
	(i)	the dealer; or
	(ii)	employed by the dealer as an employee or under a contract for the performance of services; or
	(iii)	related by blood or marriage to the dealer; or
	(iv)	indebted to or owed money by the dealer; and
	(b)	unless the witness has made reasonable inquiries to satisfy himself or herself that the person proposing to sign the form understands the effect of completing the form.
Maximum penalty: $2 500.

Schedule 1—Fees

1	Application fee for licence (section 8(1)(b) of the Act)	$179	
2	Licence fee—payable before the granting of a licence under Part 2 Division 1 of the Act—		
		(a)	for a natural person—		
		(i)	for carrying on the business of selling second-hand vehicles consisting only of motorcycles	$131	
		(ii)	in any other case	$275	
		(b)	for a body corporate—		
		(i)	for carrying on the business of selling second-hand vehicles consisting only of motorcycles	$190	
		(ii)	in any other case	$410	
	If the period between the grant of the licence and the next date for payment of a fee under section 11 of the Act is less than or more than 12 months, a pro rata adjustment is to be made to the amount of the additional fee by applying the proportion that the length of that period bears to 12 months.		
3	Annual fee (section 11(2)(a) of the Act)—		
		(a)	for a natural person—		
		(i)	for carrying on the business of selling second-hand vehicles consisting only of motorcycles	$131	
		(ii)	in any other case	$275	
		(b)	for a body corporate—		
		(i)	for carrying on the business of selling second-hand vehicles consisting only of motorcycles	$190	
		(ii)	in any other case	$410	
	If the period between a date for payment of a fee under section 11 of the Act and the next date for payment of the fee under that section (as nominated by the Commissioner) is less than or more than 12 months, a pro rata adjustment is to be made to the amount of the fee by applying the proportion that the length of that period bears to 12 months.		
4	Default penalty fee (section 11(3) of the Act)	$243	
5	Application fee for separate application to register premises (section 14(2) of the Act)	$34	
6	Application fee for permission to carry on business as a dealer at a place other than the registered premises of the licensee (section 14(4) of the Act)	$34	
7	Application fee with respect to a duty to repair a vehicle (section 24(3) of the Act)	$34	
8	Fee for replacement of licence or certificate of registration	$17	

Schedule 2—Forms

Schedule 3—Advertisements for sale of second-hand vehicles
(regulation 20)
An advertisement relating to the sale of a second-hand vehicle by a dealer must contain the following information:
	(a)	the words "Licensed Second-hand Vehicle Dealer" (which may be abbreviated to "LVD") immediately followed by the dealer's licence number, or, where two or more licensees are conducting a business in partnership, the licence number of at least one of the licensees;
	(b)	the price at which the vehicle, in the condition which it is offered or exposed for sale, may be purchased for cash, including all dealer charges but not including any statutory charges or fees;
	(c)	the registration number of the vehicle or, if the vehicle is not registered, the engine number. Such number is to be printed adjacent to or immediately after any description, photograph or illustration of the vehicle appearing in the advertisement.

Schedule 4—Defects in vehicles
(regulation 21)
Part 1—Defects in accessories
A dealer is not under a duty to repair a defect in any of the following accessories:
	(a)	any camping or recreational accessory;
	(b)	a radio;
	(c)	a cassette player;
	(d)	a compact disc player;
	(e)	a refrigerated air-conditioner;
	(f)	a sunroof;
	(g)	a supplementary restraint system ("airbag");
	(h)	an accessory specified by the dealer, other than an accessory originally fitted by the vehicle's manufacturer or produced or approved by the manufacturer for fitting to vehicles of that kind,
if the dealer has stated in the Section 16 Notice or in the Auction Notice (as the case may be) that the dealer does not accept a duty to repair a defect in that accessory.
Part 2—Left-hand drive configuration
A dealer is not under a duty to modify a vehicle that is in left-hand drive configuration so that it complies with the Road Traffic Act 1961 if the dealer has stated in the Section 16 Notice or in the Auction Notice (as the case may be) that the vehicle cannot be registered until it has been converted to right-hand drive configuration to the standard required by the Registrar of Motor Vehicles and that the dealer does not accept a duty to perform those modifications.

Schedule 5—Contributions to second-hand vehicles compensation fund
(regulation 22)
1	(1)	Subject to this Schedule, a contribution of the prescribed amount for each registered premises from which a licensed dealer carries on business as a dealer must be paid to the Commissioner by the dealer when the dealer makes application to register the premises under section 14 of the Act.
	(2)	If the Commissioner refuses the application, the Commissioner must refund the amount of the contribution to the licensed dealer.
2	If a licensed dealer—
	(a)	notifies the Commissioner in writing that the dealer has ceased or will cease within 14 days to carry on business at registered premises; and
	(b)	applies to register other premises,
a contribution is not payable under clause 1 in respect of the other premises provided that the dealer does not apply to register a greater number of premises than the number of premises in respect of which the dealer has given notice under section 14(5) of the Act.
3	If a licensed dealer, on making application to register premises, satisfies the Commissioner that the dealer is joining in partnership with another licensed dealer and the premises the dealer is applying to register are currently registered in the name of the other dealer, a contribution is not payable under clause 1 in respect of the premises.
4	Where 11 complete months or less would elapse from the date of payment of the contribution first payable by a licensed dealer in respect of any registered premises until the next due date, the contribution is a proportion of the prescribed amount, being the proportion that the number of whole months (portion of a month being treated as a whole month) in the period between the date of payment of the contribution and the next due date bears to 12.
5	Subject to clause 6, an additional contribution of the prescribed amount for each of the premises registered in the licensed dealer's name under section 14 of the Act is payable to the Commissioner by the dealer on or before the due date in each year.
6	If premises are registered in the name of more than one licensed dealer, only one contribution under clause 5 is payable annually in respect of those premises but the dealers are jointly and severally liable for the payment of that contribution.
7	In this Schedule—
due date means the date on which a licensed dealer must pay an annual fee and lodge an annual return under regulation 7;
the prescribed amount means—
	(a)	in relation to a licensed dealer who carries on the business of selling second-hand vehicles consisting only of motorcycles—$100; or
	(b)	in any other case—$350.

Schedule 6—Waiver of rights
(regulation 23)

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1995	203	Gazette 2.11.1995 p1258	30.11.1995: r 2	
1996	93	Gazette 30.5.1996 p2665	1.7.1996: r 2	
1996	232	Gazette 17.10.1996 p1405	17.10.1996: r 2	
1996	259	Gazette 23.12.1996 p2262	3.2.1997: r 2	
1997	81	Gazette 13.5.1997 p1866	1.7.1997: r 2	
1997	213	Gazette 9.10.1997 p1001	1.11.1997: r 2	
1998	76	Gazette 28.5.1998 p2334	1.7.1998: r 2	
1998	125	Gazette 28.5.1998 p2458	28.5.1998: r 2 (republished Gazette 29.5.1998 p2464)	
1999	61	Gazette 27.5.1999 p2810	1.7.1999: r 2	
1999	143	Gazette 1.7.1999 p55	1.7.1999: r 2	
2000	83	Gazette 25.5.2000 p2757	1.7.2000: r 2	
2000	281	Gazette 14.12.2000 p3568	14.12.2000: r 2	
2001	83	Gazette 31.5.2001 p2023	1.7.2001: r 2	
2001	180	Gazette 19.7.2001 p2732	19.7.2001: r 2	
2002	66	Gazette 20.6.2002 p2543	1.7.2002: r 2	
2003	96	Gazette 29.5.2003 p2251	1.7.2003: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2004	68	Gazette 27.5.2004 p1493	1.7.2004: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 4			
r 4(1)			
Auction Notice	inserted by 213/1997 r 3(a)	1.11.1997	
s 16 Notice	inserted by 213/1997 r 3(b)	1.11.1997	
r 5	(d) deleted by 213/1997 r 4	1.11.1997	
r 5A	inserted by 232/1996 r 3	17.10.1996	
r 5A(1)	inserted by 96/2003 r 4(2)	1.7.2003	
r 5A(2)	r 5A varied and redesignated as r 5A(2) by 96/2003 r 4(1), (2)	1.7.2003	
r 7			
r 7(1)	varied by 180/2001 r 3	19.7.2001	
r 8			
r 8(1)—(3)	varied by 259/1996 r 3 (Sch cl 23)	3.2.1997	
	varied by125/1998 r 3	28.5.1998	
r 8(4)	varied by 259/1996 r 3 (Sch cl 23)	3.2.1997	
	varied by 125/1998 r 3	28.5.1998	
	substituted by 180/2001 r 4	19.7.2001	
r 9	varied by 259/1996 r 3 (Sch cl 23)	3.2.1997	
	varied by 125/1998 r 3	28.5.1998	
r 9(1)	r 9 varied and redesignated as r 9(1) by 180/2001 r 5(a), (b)	19.7.2001	
r 9(2)—(5)	inserted by 180/2001 r 5(b)	19.7.2001	
r 10	varied by 125/1998 r 3	28.5.1998	
r 11			
r 11(1)	varied by 213/1997 r 5(a)	1.11.1997	
r 11(2)	varied by 213/1997 r 5(b)—(d)	1.11.1997	
	varied by 125/1998 r 3	28.5.1998	
r 12	varied by 213/1997 r 6	1.11.1997	
r 13	varied by 213/1997 r 7	1.11.1997	
r 14			
r 14(1)	varied by 213/1997 r 8	1.11.1997	
	varied by 125/1998 r 3	28.5.1998	
r 14(2)	varied by 125/1998 r 3	28.5.1998	
r 15			
r 15(1)	substituted by 213/1997 r 9(a)	1.11.1997	
r 15(2)	varied by 213/1997 r 9(b)—(f)	1.11.1997	
	varied by 125/1998 r 3	28.5.1998	
r 16	varied by 213/1997 r 10	1.11.1997	
r 17			
r 17(1)	varied by 213/1997 r 11	1.11.1997	
	varied by 125/1998 r 3	28.5.1998	
r 17(2)	varied by 125/1998 r 3	28.5.1998	
r 18			
r 18(2)	varied by 125/1998 r 3	28.5.1998	
r 19	varied by 125/1998 r 3	28.5.1998	
r 20			
r 20(2)	varied by 147/2003 Sch 1	12.6.2003	
r 20(3)	varied by 125/1998 r 3	28.5.1998	
r 22	substituted by 281/2000 r 3	14.12.2000	
r 23			
r 23(2)	varied by 125/1998 r 3	28.5.1998	
Sch 1	varied by 93/1996 r 3	1.7.1996	
	varied by 232/1996 r 4	17.10.1996	
	varied by 81/1997 r 3	1.7.1997	
	substituted by 76/1998 r 3	1.7.1998	
	substituted by 61/1999 r 3	1.7.1999	
	substituted by 83/2000 r 3	1.7.2000	
	substituted by 83/2001 r 3	1.7.2001	
	varied by 180/2001 r 6	19.7.2001	
	substituted by 66/2002 r 3	1.7.2002	
	 varied by 96/2003 r 5	1.7.2003	
Sch 2			
Form 1	varied by 213/1997 r 12(a)	1.11.1997	
Form 1A	inserted by 213/1997 r 12(b)	1.11.1997	
Form 2	varied by 213/1997 r 12(c)	1.11.1997	
Form 2A	inserted by 213/1997 r 12(d)	1.11.1997	
Form 3	varied by 213/1997 r 12(e)	1.11.1997	
Form 3A	inserted by 213/1997 r 12(f)	1.11.1997	
Form 4	varied by 213/1997 r 12(g)	1.11.1997	
Form 4A	inserted by 213/1997 r 12(h)	1.11.1997	
Form 5	varied by 213/1997 r 12(i)	1.11.1997	
Form 5A	inserted by 213/1997 r 12(j)	1.11.1997	
Form 6	varied by 213/1997 r 12(k)	1.11.1997	
Form 6A	inserted by 213/1997 r 12(l)	1.11.1997	
Form 7	varied by 213/1997 r 12(m)	1.11.1997	
Form 7A	inserted by 213/1997 r 12(n)	1.11.1997	
Form 8	varied by 213/1997 r 12(o)	1.11.1997	
Form 9	varied by 213/1997 r 12(p)	1.11.1997	
Sch 3			
Pts 1 and 2	headings deleted and items redesignated as paragraphs (a)—(c) by 147/2003 Sch 1	12.6.2003	
Sch 4	Subheading deleted by 147/2003 Sch 1	12.6.2003	
Sch 5			
cl 1	varied by 232/1996 r 5(a)	17.10.1996	
cl 1(1)	cl 1 varied and redesignated as cl 1(1) by 180/2001 r 7(a), (b)	19.7.2001	
cl 1(2)	inserted by 180/2001 r 7(b)	19.7.2001	
cl 4	varied by 232/1996 r 5(b)	17.10.1996	
	varied by 180/2001 r 7(c), (d)	19.7.2001	
cl 5	varied by 232/1996 r 5(c)	17.10.1996	
	varied by 180/2001 r 7(e)	19.7.2001	
cl 7	inserted by 232/1996 r 5(d)	17.10.1996	
due date	inserted by 180/2001 r 7(f)	19.7.2001	
Sch 6	varied by 143/1999 r 3 (Sch cl 19)	1.7.1999	
Transitional etc provisions associated with regulations or variations
Regulations Variation (Common Expiation Scheme) Regulations 1996 No 259 of 1996
4—Transitional provision
A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.