Western Australian Consolidated Acts

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CHATTEL SECURITIES ACT 1987 - SECT 30

30 .         Offence

        (1)         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.

        (2)         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.

        (3)         A dealer shall not supply any goods in the course of a business without first procuring the discharge of — 

            (a)         any security interest of which the dealer has notice; and

            (b)         any registered security interest whether or not the dealer has notice of the interest; and

            (c)         if the vehicle is not licensed under the Road Traffic Act 1974 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.

        (4)         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.



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