South Australian Consolidated Acts

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SECOND-HAND VEHICLE DEALERS ACT 1995 - SECT 53

53—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         require licensed dealers or salespersons to comply with a code of conduct;

            (b)         require dealers to lodge with the Commissioner certificates evidencing the dealers' insurance coverage as required under Part 2;

            (c)         fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;

            (d)         provide for the exclusion, limitation, modification or waiver of rights conferred by this Act;

            (e)         exempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;

            (f)         impose a penalty (not exceeding $5 000) for contravention of, or non-compliance with, a regulation;

            (g)         fix expiation fees, not exceeding $315, for alleged offences against the regulations.

        (3)         Regulations under this Act—

            (a)         may be of general application or limited application;

            (b)         may make different provision according to the matters or circumstances to which they are expressed to apply;

            (c)         may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.

        (4)         The regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.

        (5)         If a code is referred to in the regulations—

            (a)         a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

            (b)         evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.



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