Forms 5 and 6 used in the sale of a second hand vehicle have recently undergone several amendments. Failure to display forms that do not have these changes will not comply with the Act and Regulations. The new forms came into effect on 1 September 2017.

The MTA has worked with Consumer Business Services and the Attorney General’s Department to improve these forms and clarify certain issues. These included the introduction of a ‘Written off Vehicle Declaration’ and clarification of the definition of accessories that are covered within a ‘Dealer’s Duty to Repair’ (Section 23 of the Act). CBS and the AGD took this opportunity to rearrange wording of the waiver of rights as well as introducing a statement about Australian Consumer Guarantees.

The significant changes to the Contract of Sale (Form 5/6) have been the inclusion of customer details, Trade in / Odometer Declaration and a prescribed fee for arranging customer registration.

The new forms can be obtained from the MTA Print and Stationary department. If you are using software providers or packages that include these forms, you must ensure the changes to the forms are incorporated. An expiation fee of $315 or a maximum penalty of $5000 will apply for the incorrect use of the forms from 1 December 2017.

All MTA members who require the use of these forms can click here to purchase the forms.