Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
related company , in relation to a body corporate,
means a body corporate that is a related body corporate (within the meaning of
the Corporations Act 2001 (Commonwealth)) of that body corporate.
(2) For the purposes
of section 5B(4) the following sales and exchanges are prescribed to be
exempt sales and exchanges —
(a) sale
of a vehicle to —
(i)
a licensed dealer; or
(ii)
a financier or a company related to a financier; or
(iii)
an employee, or (if the vendor is a company) an employee
of a related company;
(b) sale
of a vehicle, at public auction or by way of public tender, by a financier
where the vehicle —
(i)
has been returned to the financier by a person who is not
a dealer, pursuant to a contract between the financier and that person; or
(ii)
has been repossessed by the financier from a person who
is not a dealer, pursuant to a contract between the financier and that person;
(c) sale
of a vehicle by private treaty by a financier, to a person introduced to the
financier by a person from whom the vehicle has been repossessed;
(d) sale
of a vehicle at a public auction, when the vehicle —
(i)
was last owned or used by an employee of a government
department or a statutory authority, in his or her capacity as an employee; or
(ii)
was last owned by a company, that was not a dealer, that
has been wound up and when the sale —
(I) is by a liquidator under a power
conferred by the Corporations Act 2001 (Commonwealth); or
(II) is the result of
an order of the Supreme Court.
(3) For the purposes
of section 5B(4) the sale or exchange of a vehicle that has been licensed
by the Director General (as defined in the Road Traffic Act 1974
section 5(1)) under the Road Traffic (Licensing) Regulations 1975
regulation 9(3) —
(a)
subject to conditions of use based on car club membership; or
(b)
despite certain non‑compliant features, due to the vehicle being a
unique or historic vehicle; or
(c) for
a concessional charge, due to limited use conditions and club membership
requirements imposed by the Director General on the vehicle’s owner,
is prescribed to be an
exempt sale or exchange.
[Regulation 9 inserted in Gazette
10 Jan 2012 p. 409‑11.]