Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person
who —
(a)
holds himself or herself out as a person carrying on the business of buying or
selling vehicles; or
(b)
sells or exchanges 4 or more vehicles in any 12 month period to or with
persons who are not dealers,
is taken to be
carrying on the business of selling vehicles for the purposes of the
definition of dealer .
(2) For the purposes
of subsection (1)(a), a person holds himself or herself out as a person
carrying on the business of buying or selling vehicles if that
person —
(a)
advertises or notifies or states that the person carries on the business of
buying or selling vehicles; or
(b) in
any way represents that the person is ready to carry on, or is carrying on,
the business of buying or selling vehicles.
(3) Despite
subsection (1), a person who sells or exchanges 4 or more vehicles in any
12 month period to or with persons who are not dealers is not taken to be
a dealer if the person can prove that —
(a) he
or she was not carrying on the business of buying or selling vehicles; and
(b) the
person did not hold himself or herself out as a person carrying on the
business of buying or selling vehicles.
(4) When counting the
number of vehicles sold or exchanged for the purposes of this section, a sale
or exchange of a type prescribed to be an exempt sale or an exempt exchange
for the purposes of this subsection is not to be counted.
(5) Nothing in
subsection (1) prevents a person who sells or exchanges fewer than 4
vehicles in any 12 month period to or with persons who are not dealers
from being a dealer carrying on the business of buying or selling vehicles
under this Act.
[Section 5B inserted by No. 58 of 2010
s. 35.]
[ 5AA. Deleted by No. 58 of 2010 s. 36.]