Legislative Assembly for the ACT: 2019 Week 12 Hansard (23 October) . . Page.. 4270 ..
Amendment agreed to.
Original question, as amended, agreed to.
Consumer protection—second-hand vehicles
MS CHEYNE (Ginninderra) (5.38): I move:
That this Assembly:
(1) notes that the Sale of Motor Vehicle Act 1977 (ACT) provides;
(a) a statutory warranty of up to 5000 kilometres or up to three months for second-hand motor vehicles less than 10 years old or driven less than 160 000 kilometres;
(b) no warranty for second-hand motor vehicles 10 years old or more or driven 160 000 kilometres or more; and
(c) no warranty for second-hand motorcycles;
(2) notes that under Australian Consumer Law:
(a) suppliers must guarantee goods, including second-hand goods, are of acceptable quality, that is, fit for purpose, free from defects, safe and durable;
(b) if there is a major fault that cannot be fixed or is too difficult to fix within a reasonable timeframe, the consumer can choose between a repair, replacement or refund, or compensation for decreased value; and
(c) if there is a non-major fault the supplier can choose between a repair, replacement or refund;
(3) further notes that:
(a) Australian Consumer Law only applies to goods purchased after 1 January 2011, with ACT consumer protection laws applying before that date;
(b) in practice, the supplier of goods generally determines if a fault is major or non-major rather than the consumer due to technical knowledge;
(c) a lack of statutory guarantees for second-hand motor vehicles has encouraged the emergence of third-party warranty companies that have attracted criticism from consumers; and
(d) the ACT Civil and Administrative Tribunal jurisdictional limit is $25 000 for consumer law matters; and
(4) calls on the Government to review existing legislation and consider:
(a) expanding consumer protections by introducing 30-day warranties for second-hand motor vehicles purchased through dealerships, including cars, motorcycles, caravans and motorhomes, that are 10 years old or more or driven 160 000 kilometres or more;
(b) raising the ACT Civil and Administrative Tribunal's jurisdictional limit for motor vehicles, including cars, motorcycles, caravans and motorhomes, so consumers can more easily enforce their rights;