Page 4279 - Week 12 - Wednesday, 23 October 2019
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Consumer guarantees are additional to any manufacturer or extended warranties. These warranties do not displace the consumer guarantees or other rights under the ACL. The Sale of Motor Vehicles Act 1977 provides ACT consumers with additional statutory rights. These include a warranty for all used cars that are less than 10 years old and have travelled less than 160,000 kilometres. It also provides for cooling-off rights on a purchase.
The ACL consumer guarantees apply to both new and used vehicles purchased from dealers in the ACT, regardless of their age or mileage. That is an important point to emphasise. Any second-hand vehicle purchased from a dealer is subject to the consumer guarantees under the ACL. That means that anyone who buys a second-hand car from a dealership, even if is 15 years old or has travelled 200,000 kilometres, can access the consumer law protections.
The Access Canberra website includes detailed information about consumers’ rights if something goes wrong with their motor vehicle. Access Canberra and other consumer protection regulators have developed a comprehensive guide to motor vehicle sales and repairs under the ACL, including with examples. The guide is available on the Access Canberra website.
In addition, each year Access Canberra provides around 900 Canberrans with advice, information and conciliation services where they have consumer guarantee concerns. Consumers can contact Access Canberra by calling 132 281 or by visiting the Access Canberra website. I also encourage consumers to inform themselves as best they can by researching what choices there are when purchasing a motor vehicle. Consumers should ask questions about the history and condition of used motor vehicles, check documents and service logbooks and consider the risks when information is missing or incomplete.
It is also worth while having a qualified motor mechanic inspect and report on the used motor vehicle. In addition, the ACT government roadworthy certificate scheme ensures that a motor vehicle is safe for road use and that key components are up to standard. A certificate of inspection is required for any vehicle over six years old that requires a transfer of ownership.
While an awareness of rights is important, it is equally important that consumers are able to enforce their rights quickly and effectively when something goes wrong. This also provides greater incentives for dealers and manufacturers to voluntarily comply with the law. I note that Ms Cheyne’s motion calls on the government to consider increasing the ACAT’s jurisdictional limit for motor vehicles, including motorcycles, caravans and motorhomes, so that consumers can more easily enforce their rights.
The ACAT is a critical component of the justice system in the ACT, providing the community with an accessible forum for access to justice. The ACAT was established to provide a simple, quick, inexpensive and informal avenue for resolving disputes through the use of alternative dispute resolution processes, active case management, the provision of assistance to self-represented litigants and by limiting legal representation.
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