Statutory warranty in SA: the dealer’s duty to repair
Yes. South Australia calls it the duty to repair: a used car sold by a dealer for more than $6,000 is covered for 3 months or 5,000 km, and one sold for $3,001 to $6,000 for 2 months or 3,000 km. Cars first registered more than 15 years earlier or driven more than 200,000 km, and cars sold for $3,000 or less, have no duty to repair but must be roadworthy.
- Over $6,000: 3 months or 5,000 km. $3,001 to $6,000: 2 months or 3,000 km. $3,000 or less: roadworthy only.
- No duty to repair if first registered more than 15 years before the sale or driven more than 200,000 km.
- From 1 September 2025 buyers can’t waive the duty, and it covers hybrid and EV main propulsion batteries.
- Motorcycles, sales to another dealer, and auction sales on behalf of a non-dealer are excluded.
Classes and thresholds
SA is the only state where the sale price sets the length of cover. Age is counted from the year of first registration.
| Sale price | Duty to repair (whichever comes first) |
|---|---|
| $3,000 or less | No duty to repair, but the car must be roadworthy at the time of sale |
| $3,001 to $6,000 | 2 months or 3,000 km |
| Over $6,000 | 3 months or 5,000 km |
The SA Law Handbook says there is no duty to repair (beyond roadworthiness) if the car was first registered more than 15 years before the sale or has been driven more than 200,000 km. Form 3 words it the other way round: the duty applies if the year of first registration is less than 15 years ago or the car has been driven less than 200,000 km. Read literally, those differ when only one limit is exceeded, so check that case with Consumer and Business Services.
Test a car with the statutory warranty checker, and see the SA dealer licence guide for who must be licensed. The national comparison covers every other state.
What’s excluded
- Motorcycles.
- The sale of a vehicle to another dealer.
- Cars sold by auction, or straight after an auction, on behalf of someone who isn’t a dealer. If a car is auctioned on behalf of a dealer, that dealer carries the duty.
- From 1 September 2025, defects you disclosed on the prescribed form and the buyer acknowledged, provided the car is roadworthy.
What the dealer must do
- Attach a Section 16 notice (Form 1) to the car while it is offered for sale.
- Give the buyer the notice to purchaser (Form 3), which confirms the Section 16 details and explains the duty to repair, before handover.
- Don’t ask the buyer to waive the duty. Waivers stopped on 1 September 2025.
- Repair the main propulsion battery of prescribed hybrid and electric vehicles within the warranty period, as part of the duty from 1 September 2025.
- Use the renewed forms. The transition period for the September 2025 forms ended on 1 March 2026.
Consignment and trade sales
The duty to repair doesn’t apply to the sale of a vehicle to a dealer, so a trade sale carries none (use the Dealer Sale form instead). Where a car is offered for sale on behalf of another dealer, the CBS form says that other dealer is liable for the repairs. The official pages we checked don’t address private consignment, so check with Consumer and Business Services.
Penalties
Higher penalties started on 1 July 2025. Winding back an odometer now carries up to $150,000, and unlicensed dealing up to $250,000 or 2 years’ imprisonment for an individual and $500,000 for a company. We couldn’t confirm a penalty for failing to meet the duty to repair itself; a buyer enforces it against the dealer. Check the current Second-hand Vehicle Dealers Act 1995 or ask Consumer and Business Services.
Worked examples
These sample cars are sold to a consumer. Figures are samples, not real stock.
| Sample car (consumer buyer) | Age | Odometer | Price | Result |
|---|---|---|---|---|
| Sample: 2021 hatch | 5 years | 90,000 km | $15,000 | Duty to repair: 3 months or 5,000 km, whichever comes first |
| Sample: 2019 SUV | 7 years | 140,000 km | $22,000 | Duty to repair: 3 months or 5,000 km, whichever comes first |
| Sample: 2015 ute | 11 years | 175,000 km | $14,000 | Duty to repair: 3 months or 5,000 km, whichever comes first |
| Sample: 2012 sedan | 14 years | 210,000 km | $5,500 | No duty to repair (confirm) |
| Sample: 2011 wagon | 15 years | 190,000 km | $2,800 | No duty to repair |
How it works with the Australian Consumer Law in SA
The Australian Consumer Law (ACL) consumer guarantees apply to every used car a dealer sells to a consumer, on top of any state warranty. They cover goods under $100,000 (including GST), and vehicles used mainly to carry goods whatever the price. The car must be of acceptable quality, judged on its age, price and condition, and must match its description.
The guarantees have no fixed time limit and you can’t contract out of them. A state warranty that has expired, or never applied, doesn’t end them. Private sales sit outside most of the guarantees, though private sellers still guarantee clear title, undisturbed possession and no undisclosed securities.
If you also give a voluntary or extended warranty, the ACL treats it as a warranty against defects. The document must carry the mandatory text that starts “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law”, and it adds to the guarantees rather than replacing them.