South Australian Numbered Regulations South Australian Numbered Regulations20—Variation of regulation 23—Waiver of rights (section 33 of Act)
(1) Regulation 23(1)(a)—delete "a waiver document in the form set out in Schedule 6" and substitute:
the Waiver of Rights Under Part 4 document, as set out in Schedule 6,
(2) Regulation 23(2)—delete subregulation (2) and substitute:
(2) A person must not sign a witness certificate (as set out in the Waiver of Rights Under Part 4 document)—
(a) if he or she—
(i) is the dealer; or
(ii) is owed money by or indebted to the dealer; or
(iii) is employed by the dealer as an employee or under a contract for the performance of services; or
(iv) is otherwise a close associate of the dealer; and
(b) unless the witness has made reasonable inquiries to satisfy himself or herself that the person proposing to sign the document understands the effect of completing the document.
Maximum penalty: $5 000.
(3) A prospective purchaser of a second-hand vehicle from a dealer may waive his or her right under section 18B of the Act to rescind the contract for the sale of the vehicle if he or she signs the Waiver of Cooling-off Rights document, as set out in Schedule 6, before a witness who signs the document as required or indicated by the document.
(4) A person must not sign as witness to a Waiver of Cooling-off Rights document if he or she is the dealer or a salesperson employed by the dealer who has been involved in any way in the transaction for the sale of the vehicle to the prospective purchaser.
Maximum penalty: $5 000.
(5) A copy of each waiver document signed by a purchaser or prospective purchaser in respect of the sale or prospective sale of a second-hand vehicle by a dealer must be kept by the dealer at—
(a) the registered premises of the dealer; or
(b) another location the details of which are kept at the registered premises of the dealer,
for a period of not less than 2 years from the date on which the document is signed.
Maximum penalty: $5 000.
Expiation fee: $315.
(6) A dealer must produce to an authorised officer within a reasonable time (on request) a copy of any waiver document that the dealer is required to keep under subregulation (5).
Maximum penalty: $5 000.
Expiation fee: $315.
(7) In this regulation—
"waiver document" means the Waiver of Rights Under Part 4 document or the Waiver of Cooling-off Rights document, as the case requires.