February 2025
MV dealers reminded of recent changes to legislation and their obligations to consumers
Consumer Protection is reminding MV dealers of their obligations under the Motor Vehicle Dealers (Sales) Regulations 1974 (the Regulations) where dealers must now disclose whether a second-hand vehicle they sell has been listed as a repairable write-off on the written-off vehicle register (WOVR).
Consumer Protection’s Automotive Compliance Inspectors (Inspectors) intend to increase and strengthen compliance action now that six months has passed since the changes came into effect. This will include issuing infringements notices to dealers who use the incorrect forms, use forms that do not have the prescribed particulars completed or instances where the information completed on the forms is incorrect.
As a result of changes to the Regulations, the prescribed forms and vehicle sale contract has changed. Dealers are reminded that the two new check boxes on the forms must be completed and accurate as of the time the vehicle is being offered for sale. These are:
- A Yes/No box indicating whether the statutory warranty under the Motor Vehicle Dealers Act applies to the vehicle; and
- A Yes/No box indicating whether the vehicle has been recorded as a repairable write-off on any written-off vehicle register.
In relation to repairable write off disclosures, Inspectors will now conduct spot checks confirming the WOVR status declaration being made by the dealer on the forms is accurate. Disciplinary action will be considered in instances where this information is found to be incorrect.
Consumer Protection is aware many dealers are now using electronic dealer software programs to generate sales documentation, including the prescribed forms. The obligation and responsibility is on individual dealers to ensure the software program they are using contains the most up to date version of the prescribed forms and the information on the forms is being populated and/or manually completed. Dealers should engage their software provider to update programs with the correct forms.
Recently asked questions to the Compliance team
Consumer Protection’s compliance staff have noted a wide and varied level of compliance since the new forms came into effect:
Are the pink and blue forms still valid?
- ALL second-hand vehicles now being offered for sale must display the updated prescribed form. The old pink and blue forms commonly known in the industry as the pinkie or bluey (typically found in hardbound book version) cannot be used by dealers under any circumstances.
How and when should I give the information statement to the purchaser?
- The information statement must be given to the purchaser before a dealer sells the vehicle. The vehicle is considered sold once the purchaser and dealer have signed the vehicle sale contract. This means there is some flexibility for dealers who may wish to combine the forms or provide the forms as a ‘packet’ of documents to the purchaser.
Is it a legal requirement to include the government logo and crest as they appeared on the Department website’s version of the form as well as some of the size dimensions.
- As part of the changes to the Regulations and the prescribed forms, the requirements for displaying the Form 4 have been simplified, including:
- Dealers must use the content from the prescribed forms that are set out in the Regulations;
- Neither the Consumer Protection logo nor Government crest are included in Form 4 as it appears in the Regulations. It is not a requirement to display either the logo or crest;
- The requirements are that Form 4 must be printed, typed, or written in a clear and legible manner; and
- While the updated forms have been made available to download from Consumer Protection’s website, there is no requirement to use the exact form as it appears on the website. For example, if you wish to print a larger form or change the font size, you can do so. The Regulations no longer specify any minimum dimensions for Form 4.
Further information
If you have any questions or would like more information about these changes, please contact Consumer Protection on 1300 30 40 54 or by email.