Second-Hand Vehicle Dealers Act

Disciplinary Complaints made under the Second-Hand Vehicle Dealers Act 1995

From 4 May 2020, SACAT will receive original jurisdiction under the Second-Hand Vehicle Dealers Act 1995 to hear and determine disciplinary actions against second-hand vehicle dealers. 

Under the Act, SACAT is empowered to:

• Reprimand the person;
• Impose a fine not exceeding $100 000 on the person;
• In the case of a person who is licensed as a dealer—

  1.     impose conditions or further conditions on the licence; or
  2.     suspend the licence for a specified period or until the fulfilment of stipulated conditions or until further order; or
  3.     cancel the licence;

• Impose conditions as to the conduct of the person or the person's business as a dealer;
• Disqualify the person from being licensed under this Act;
• Prohibit the person from being employed or otherwise engaged in the business of a dealer;
• Prohibit the person from being a director or having an interest in a body corporate that is a dealer.


Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

When applying to SACAT you must be in a position to:

  • Identify the legislative provision(s) you rely on.
  • State and describe the conduct said to justify the disciplinary findings, and identify the relevant legislative provisions relied upon.
  • Identify the facts, acts or omissions alleged to constitute the conduct that justifies the disciplinary finding.
  • Provide any supporting documents.
  • Pay any relevant application fees.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘second-hand’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you in completing the application please call SACAT on 1800 723 767 (and press menu option 4, then 7).

Fees:

There is no fee to lodge a disciplinary complaint with the Tribunal under the Plumbers, Gas Fitters and Electricians Act 1995.

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation:

Second-Hand Vehicle Dealers Act 1995