Motor Traffic Act 1938 (ACT)
[Extract from Commonwealth of Australia Gazette, 'No. 82, dated
30th December, 1938.]
AUSTRALIAN CAPITAL TERRITORY.
No. 41 of 1938.
AN ORDINANCE
To amend the Motor Traffic Ordinance 1936, as amended by the Seat of Government (Designation) Ordinance 1938.
BE it ordained by the Governor-General of the Commonwealth Council, in pursuance of the powers conferred by the Seat of Australia, with the advice of the Federal Executive of Government Acceptance Act 1909-1938 and the Seat of
Government (Administration) Act 1910-1933, as follows:— 1.— (1.) This Ordinance may be cited as the Motor Traffic short title
Ordinance 1938. ' ' «* •»•*•• (2.) The Motor Traffic Ordinance 1936, as amended by the Seat of Government {Designation) Ordinance 1938, is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Motor Traffic Ordinance 1936-1938.
2. Section four of the Principal Ordinance is amended— Deamtioiu. (a) by omitting the definition of " certificate of registra- tion " and inserting in its stead the following definition:—
" ' certificate of registration ' includes an owner's
6234/37.--PRICE Is. certificate granted under this Ordinance; " ;
(o) by inserting, after the definition of "farmer" , the
following definition:—
" ' former owner', in relation to a motor vehicle which is sold or disposed of, means the owner who sold or disposed of the vehicle;";
(c) by inserting, after the definition of "motor vehicle",
the following definition:—
" ' new owner ', in relation to a motor vehicle which is sold or disposed of, means the person to whom the vehicle is sold or disposed of;";
(d) by omitting the definition of " owner " and inserting in
its stead the following definitions:—
" ' owner' means the person described in a certifi- cate of registration as owner or new owner and includes the legal personal representative of that person, and, in relation to an application for registration or transfer or renewal of regis- tration, a person who is purchasing a motor vehicle in pursuance of a hire purchase agreement;
" ' owner's certificate ' means an owner's certificate granted under this Ordinance in respect of a motor vehicle; " ;
(e) by inserting in the definition of "public street", after the word "footpath" (second occurring), the words " , or place open to, or used by, the public,"; and
(/) by omitting the definition of " visiting motor vehicle " and inserting in its stead the following defini- tion :—
" ' visiting motor vehicle ' means a motor vehicle—
(a) which is registered in a State or Terri-
tory of the Commonwealth (otherthan the Australian Capital Terri-
tory) ;
(b) which has affixed thereto the number plates required, by the law of the State or Territory in which it is registered, to be so affixed;
(c) the owner of which is a bona fide resi- dent in the State or Territory in which the vehicle is registered; and
(d) which is, in the opinion of the Registrar, brought into the Territory temporarily,
and includes— (i) a motor vehicle which has affixed thereto a trader's plate in pursuance of the law of any such State or Territory;
(ii) a motor vehicle which has attached thereto the distinguishing mark required to be carried under any convention relating to motor traffic to which the Commonwealth is a party and the owner of which is a bona fide resident of a country out- side the Commonwealth; and
.".
(iii) a motor vehicle registered for commer- cial purposes in any such State or Territory which complies with para- graphs (&), (c) and (d) of this defini- tion and is licensed under this Ordinance as a motor omnibus or public or private hire car, or motor vehicle for the carriage of Avorkmen,
but does not include any motor lorry which is, in the opinion of the Registrar, used regularly upon the public streets.".
3. Section five of the Principal Ordinance is amended by Application of
adding at the end thereof the following proviso:— crown. " Provided that the provisions of this Ordinance in relation to the registration of motor vehicles and trailers and the provision of labels shall not apply to motor vehicles or trailers the property of the Commonwealth or of any authority under the Common- wealth.".
4. Section seven of the Principal Ordinance is repealed and Registration
the following section inserted in its stead:— vehicles. " 7. The Registrar may register, and may from time to time renew the registration of, a motor vehicle in respect of which he is satisfied that the requirements of the Fourth Schedule are complied with.".
5. Section eleven of the Principal Ordinance is amended— Driver wearing (a) by omitting the words " being tested" and inserting 8pec
in their stead the words " undergoing any tes t " ; and (6) by adding at the end thereof the following sub-
section :—
" (3.) For the purposes of this section, the term
" test " includes an eye-sight test.".
6. Section thirteen of the Principal Ordinance is repealed and Form of the following section inserted in its stead:-~- certificate or
licence." 13.— (1.) Upon the first registration of a motor vehicle under this Ordinance, the Registrar shall grant to the owner of the motor vehicle an owner's certificate in accordance with Form A or Form B, whichever is applicable to the case, and a certificate of registration in accordance with Form C.
"(2.) Upon the renewal of the registration or upon any regis- tration of a motor vehicle subsequent to the first registration thereof, the Registrar shall grant to the owner of the motor vehicle a certificate of registration in accordance with Form C, with the word ' Renewal' endorsed thereon in the case of a renewal of the registration.
"(3.) A permit licence shall be in accordance with Form D.
6234/37.-2
'1
"(4 . ) A licence to drive a motor vehicle shall be in accordance with Form E, but with the word ' Renewal ' endorsed thereon in the case of a renewal of the licence.
" (5 . ) The owner for the time being of a motor vehicle or the person to whom a licence to drive a motor vehicle has been granted shall sign his name in the place set apa r t on the owner's certificate of the vehicle or on the licence for the signature of the owner or new owner or licensee, as the case may be.
Pena l ty : Five pounds.".
Affixing oj 7. Section fifteen of the Pr inc ipa l Ordinance is amended by x
number-plates. . . . . . . . , omitt ing sub-sections (1.) and (2.) and insert ing in their stead
the following sub-section:—" (1.) The owner of a registered motor vehicle shall, upon the issue to him of two number plates of the kind prescribed by the Thi rd Schedule or the Regulations, cause them to be affixed, one to the front and the other to the rear of the motor vehicle in accordance with the requirements of the Four th Schedule:
Provided that , when the motor vehicle has a trai ler attached to it, the number-plate required to be affixed to the rear of the motor vehicle shall be affixed at the rear of the trailer, and the- number-plate shall thereupon be deemed to be affixed to the rear of the motor vehicle.".
Loss or 8. Section seventeen of the Pr incipal Ordinance is amended by lJumbM-piatM. omitt ing the words " satisfied that no " and inserting in their stead
the words " he has no reason to believe t h a t " .
9. Section nineteen of the Pr incipal Ordinance is repealed and the following section inserted in its s tead:—
motor1Ttehid». a registered motor vehicle is sold or disposed of, the former owner sale or disposal " 1 9 . — (1.) Subject to section twenty of this Ordinance, where shall, within seven days after the sale or disposal, r e tu rn to the
Registrar—
(a) each number-plate issued in connexion with the regis-
tration of the motor vehicle; and (b) the owner's certificate and the certificate of registration of the motor vehicle, each certificate being signed by him in the place for the signature of the former owner in the form for memoranda of transfers of registration; and
shall furnish the Registrar with—
(c) the full name and address of the new owner; and
(d) where the former owner was not the true owner of thevehicle, the written authority of the true owner or of his duly authorized agent for the sale or disposal of the vehicle:
Provided that if the new owner applies, in accordance with the
provisions of this section, for the transfer of the registration of the
motor vehicle to him and, within seven days after the sale or5 *
disposal, produces the vehicle to the Eegistrar for inspection, it shall not be necessary to return the number-plates to the Registrar.
Penalty: Twenty pounds.
" (2.) Until the provisions of the last preceding sub-section arecomplied with, the person in whose name the vehicle is registered shall remain liable as owner for any breach in respect of the vehicle of such of the provisions of this Ordinance as apply to an owner.
" (3.) The registration of a motor vehicle shall not be trans- ferred in any ease where the Registrar is in receipt of a notice in writing from the true owner notifying that he does not authorize the sale or disposal.
" (4.) The new owner shall, within seven days after the pur- chase or disposal, apply to the Registrar to have the registration of the motor vehicle transferred to him.Penalty: Twenty pounds.
" (5.) If the Registrar approves of the transfer, he shall, onpayment by the applicant to the Commonwealth of a fee of Two shillings and sixpence, sign the owner's certificate and the certifi- cate of registration of the motor vehicle in the place for the signa- ture of the Registrar in the form for memoranda of transfers of registration and deliver the certificates to the new owner who shall then be deemed to be the owner of the motor vehicle for the purposes of this Ordinance.
" (6.) For the purposes of this section, a registered motor vehicle shall be deemed to be disposed of by the OAvner if it is re-possessed in pursuance of a hire-purchase agreement, and the person re-possessing the vehicle shall comply with the provisions of this section as if he were the person to whom the vehicle was disposed of.".
10. After section nineteen of the Principal Ordinance the following section is inserted:—
" 1 9 A . — (1.) Where a motor vehicle the registration of which Sale or disposal
flie former owner shall, within seven days after the sale or disposal, motor vehlcle- has (xpired or been cancelled or suspended is sold or disposed of, Snregistered return to the Registrar the owner's certificate of the motor vehicle duly signed by him in the place for the signature of the former owner in the form for memoranda of changes of ownership or of address, and shall furnish the Registrar with—
(a) the full name and address of the new owner; and
(b) where the former owner was not the true owner of thevehicle, the written authority of the true owner or of his duly authorized agent for the sale or disposal of the vehicle.
Penalty: Twenty pounds.
"(2.) Where the provisions of the last preceding sub-section have been complied with, the Registrar—
(a) shall sign the owner's certificate in the place for the signature of the Registrar in the form for memoranda of changes of ownership or of address and shall deliver the certificate to the new owner; or
(b) in the event of the motor vehicle being again registered on the application of the new owner, shall—
(i) sign the owner's certificate in the place for the signature of the Registrar in the form for memoranda of changes of ownership or of address; and
(ii) complete that certificate in the space set apart for memoranda of renewals of registration and of re-registrations, and
shall deliver the certificate to the new owner who shall then be deemed to be the owner of the motor vehicle for the purposes of this Ordinance.
"(3.) For the purposes of this section, a motor vehicle shall be deemed to be disposed of by the owner if it is repossessed in pur- suance of a hire-purchase agreement.".
Transfer of 11. Section twenty of the Principal Ordinance is amended by to'anotner* " omitting the words " certificate of ". vehicle of the
same class. _ , , rt
sales of motor **. Section twenty-one of the Principal Ordinance is oeSeof°onther amended-
(a) by omitting the words ", together with a number-plate issued for that motor vehicle,"; and
(b) by omitting paragraph (d) and inserting in its stead the following paragraph:—
" (d) the number appearing on the number- plates, if any, issued in respect of the
vehicle.".
Alteration in
13. Section twenty-two of the Principal Ordinance is (a) by omitting the words " of registration or the certificate of renewal" and inserting in their stead the words " or the certificate " ;
description of motor vehicle amended— or trailer. (6) by inserting, after the word "vehicle" (second occurring), the words " or trailer " ; and
(c) by omitting the words " One pound " and inserting in their stead the words " Two shillings for each month or part thereof in the unexpired period of the regis- tration of the motor cycle ".
14. After section twenty-five of the Principal Ordinance the following section is inserted:—
" 2 5 A . — (1.) Subject to such conditions as the Minister deter- Licence* for
mines, the Registrar may grant a licence for the use of a licensed 0feto"ist£e public or private hire car for the carriage of tourists at separate
fares, and may renew that licence from time to time."(2.) A licence under this section shall not be granted to any person unless and until he has insured himself as prescribed for motor omnibuses.
"(3.) A licence under this section and every renewal thereof shall be in accordance with Form HA, but with the word " Renewal " endorsed thereon in the case of a renewal of a licence. "(4.) A person shall not use any motor vehicle in respect of
which a licence is granted under this section, or cause any such vehicle to be used, for the carriage at separate fares of any persons other than tourists.
"(5.) Prior to the grant or renewal of a licence under this section, the applicant shall pay to the Commonwealth a fee of One pound or such other fees as are prescribed in lieu thereof.
"(6.) For the purposes of this section, ' tourists ' means persons with whom the Canberra Tourist Bureau, or a person thereto authorized by the Minister, has entered into a contract to convey them on a sight-seeing tour within the Territory.".
15. Section twenty-nine of the Principal Ordinance is amended Lent property,
by omitting the words " public auction" and inserting in their stead the words " an officer authorized in that behalf by the Minis- ter, after notification of the sale has been published in a local news- paper ".
16. Section forty-two of the Principal Ordinance is amended by Application for
omitting the words "Any person desirous of obtaining or renewing licences.
a certificate of registration or of transfer of registration of a motor
vehicle or a licence shall forward, to the Registrar, an applicationstating his full name and address" and inserting in their stead
the words "An application for the registration of a motor vehicle,
or the renewal or transfer of the registration of a motor vehicle, orfor a licence or the renewal of a licence, shall be lodged with the Registrar, and shall set out the full name and address of the applicant".
17. Section forty-five of the Principal Ordinance is amended change of
by omitting the Avords " certificate or licence " (wherever occur- ring) and inserting in their stead the words " owner's certificate and certificate of registration or licence, as the case may be,".
by omitting the words " satisfied that no improper use has been " an 18. Section forty-six of the Principal Ordinance is amended Lost certlflcates and inserting in their stead the words " he has no reason to
believe that improper use has been or is being".19. Section forty-eight of the Principal Ordinance is repealed and the following sections inserted in its stead:—
"48.— (1.) Any person to whom a certificate of registration or (a) forthwith upon receipt of a notification of the suspension or cancellation of the registration or licence; or
Return of
certificates, etc., I upon a licence has been granted shall—- cancellation of registration, etc. (6) within seven days after the expiration of the registration or licence,
as the case may be, return to the Registrar the owner's certificate in respect of the motor vehicle to which the certificate of registra- tion relates and the certificate of registration or licence, as the case may be, and every number-plate issued by the Registrar in con- nexion with the registration or licence.
Penalty: Twenty pounds.
" (2.) Where an owner's certificate is returned pursuant
to the last preceding sub-section, the Registrar shall make a memorandum thereon of the suspension, cancellation or expiry and shall return the certificate to the owner who shall, subject to this Ordinance, retain the certificate.
"(3.) Where any motor vehicle referred to in any certificate of registration is destroyed or broken up, the owner shall, within seven days of the destruction or breaking up, return the owner's certificate and the certificate of registration to the Registrar for cancellation.
Penalty: Twenty pounds.
Fee payable
" 4 8 A . Where any person to whom a certificate of registration any number-plate issued in connexion with the registration or licence within seven days after the date of expiry of the registration or licence, and it is not proposed to renew the registration or licence, that person shall, in addition to any penalty which may be imposed under this Ordinance in respect of such failure, pay to the Com- monwealth in respect of each month or part thereof during which
where plates not returned or a motor vehicle trader's licence has been granted fails to return on due date.
the failure continues (inclusive of the period of seven days referred to in this section) an amount equivalent to one-twelfth of the fee which would have been payable if the registration or licence had been renewed for twelve months.". 20. Section fifty of the Principal Ordinance is repealed and the following section inserted in its stead:—
Return of
" 50. Where, in any case other than that referred to in section sixteen or section seventeen of this Ordinance, a number-plate required to be returned to the Registrar in pursuance of this Ordinance—
number-plaUi, etc. (a) is not returned; or
(b) is, when returned, so defaced or damaged as, in the
opinion of the Registrar, to be of no further use as
a number-plate,
the owner shall, in addition to any penalty which may be imposed under this Ordinance in respect of the failure to return the number-plate, pay to the Commonwealth the sum of Five shillings.".
21. Section fifty-one of the Principal Ordinance is amended—Refusal, (a) by omitting the words "certificate o f (wherever ^pensiono?'
Occurring); licences, etc. (b) by omitting from paragraph (d) of sub-section (2.) the
word " or " ; and
(c) by adding at the end of that sub-section the following
paragraph:—
" ; or (/) cancel the registration or licence of any motor vehicle which was, in the opinion of the Registrar, registered or licensed in error or in any case where—
(i) the motor vehicle is destroyed by accident;
(ii) application is made by the person in whose name the vehicle is registered or licensed for the cancellation of the registration or licence; or
(iii) the vehicle is re-registered on account of an alteration in the construction, equipment or use thereof.".
22. Section fifty-two of the Principal Ordinance is amended— Duration of (a) by omitting sub-sections (1.) and (2.) and inserting in JSauSnei*.
their stead the following sub-sections:—
"(1.) Subject to this section, the registration of every motor vehicle and every renewal thereof and every licence (except a permit licence or a licence under section one hundred and two of this Ordinance) and every renewal thereof shall, unless cancelled or
suspended, be in force for twelve months from and including the date of the registration, grant or renewal, as the case may be. "(2.) For the purposes of this section, the day immediately following the day on which the registra- tion or licence, or previous renewal thereof, as the case may be, expired shall, subject to the next succeding sub-section, be deemed to be the date of the renewal of any registration or licence renewed under this Ordinance.
" ( 2 A . ) Where the registration of a motor vehicle or
a licence is renewed subsequent to the date of expiry of the previous registration or licence, or renewal thereof, as the case may be, the registration or licence shall come into force on the date of such subsequent
renewal but shall expire on the date on which it would have expired had it been renewed prior to the date of the previous registration or licence, or renewal thereof, as the case may be."; and
(b) by omitting paragraphs (&), (c) and (d) of sub- section (3.) and inserting in their stead the following paragraphs:—
"(b) grant any licence; or (c) renew any such registration or licence,".
Visiting motor
23. Section fifty-four of the Principal Ordinance is amended by omitting from sub-section (1.) the word "licensed" (second occurring) and inserting in its stead the words " the holder of a licence ".
drivers. Driving on 24. Section fifty-six of the Principal Ordinance is amended public streets, *c. by omitting sub-section (5.). Unauthorized 25. Section sixty of the Principal Ordinance is amended by use of motor vehicles as omitting the words " or permits" and inserting in their stead the 26. After section sixty of the Principal Ordinance the public hire cars, &c. words ", permits or suffers ". following section is inserted:—• Unauthorized " 60A. Any person being a farmer who, except in pursuance of use of motor lorries, &c, by a licence granted under section one hundred and two of this farmers. Ordinance— (a) uses, or causes, permits or suffers to be used, otherwise than solely for the carting of his own produce; or
(b) lets out on hire,
any motor lorry or motor tractor in respect of which he has paid registration fees at half the ordinary rates, shall be guilty of an offence.
Penalty: Fifty pounds, in the case of a first offence; One hundred pounds, in the case of any subsequent offence (whether committed in respect of the same or another motor vehicle).".
Driver 27. Section sixty-seven of the Principal Ordinance is amended " (2.) On the conviction of any person under this section, he shall cease to be licensed or to be deemed to be licensed to drive a motor vehicle and his licence to drive a motor vehicle shall be cancelled as on and from the" date of the conviction and he shall not be entitled to obtain any licence to drive a motor vehicle unless and until the Court which convicted him so orders.".
intoxicated. by omitting sub-section (2.) and inserting in its stead the following
sub-section:—
28.'Section sixty-eight of the Principal Ordinance is
Driver to be
licensed. amended— (a) by omitting from paragraph (c) the words "causes or permits " and inserting in their stead the words " or causes, permits or suffers " ;
(b) by omitting sub-paragraph (i) of paragraph (c) and inserting in its stead the following paragraph:—
" (i) not having the number-plates issued to him by the Registrar in respect of the motor vehicle properly affixed; or " ; and
(c) by adding at the end thereof the following proviso:—
" Provided also that, where an applicant for a
licence to drive a motor vehicle of a particular class
furnishes satisfactory evidence to the Registrar that
he is capable of driving a motor vehicle of that class
with safety to the public, the provisions of paragraph
(a) of this section shall not apply to such applicantwhile driving the motor vehicle during any official
test in connexion with the grant of the licence.".
29. Section seventv-one of the Principal Ordinance isnepeaiot
, _ section 71. repealed.
30. After section seventy-six of the Principal Ordinance the following section is inserted :•—
" 76A. A person shall not, upon a public street, drive any motor
vehicle having any other vehicle, not being a trailer, attached vehlcle»-
thereto for the purpose of being towed, unless the vehicle being
towed is in a fit condition to be towed without risk of injury to
any person or property and unless the following provisions are
complied with:—TowI111! ot (a) The space between the vehicle being towed and the towing vehicle shall not exceed twelve feet;
(b) Where the vehicle being towed is a motor vehicle, a competent person shall be in charge of that vehicle for the purpose of controlling it, so far as the condi- tion of its brakes and mechanism permits, unless the
(c) Where the vehicle being towed is not a motor vehicle,
that vehicle shall be in actual contact with the towing
vehicle;vehicle is in actual contact with the towing vehicle; (d) Where the vehicles are attached by means of a tow rope, chain or wire, a white flag or cloth shall be displayed on the tow rope, chain or wire, midway between the vehicles; and
(e) Where the towing takes place between sunset and sun- rise, a lighted lamp, showing a bright white light, shall be attached to the front of the towed vehicle in such manner as to render clearly visible the flag or cloth displayed in accordance with paragraph (d) of this section, and a lighted lamp shall be attached
to the offside of the rear of the towed vehicle, showing a red light clearly visible to any person approaching the vehicle from the rear:
Provided that where the vehicle being towed is in actual contact with the towing vehicle it shall not be necessary for the white flag or cloth to be displayed or a lighted lamp to be attached to the front of the towed vehicle.".
Noise.
31 . Section seventy-seven of the Principal Ordinance is amended by omitting the proviso thereto.
Speed, &c.
32. Section seventy-eight of the Principal Ordinance is amended by omitting paragraph (g).
33. After section seventy-eight of the Principal Ordinance the following section is inserted:—
Driving vehicles on
" 78A. Any person who drives a motor vehicle on the footpath of a public street except on the portion forming part of the entrance-drive leading from the street into any premises shall be guilty of an offence.".
footpaths. Penalties (or 34. Section eighty of the Principal Ordinance is amended— offence*. (a) by inserting, after sub-section (1.), the following sub- sections :—
" (1A.) Where a person is convicted of an offence against section sixty-three or ninety-four of this Ordinance, the Court may, in addition to any penalty imposed in pursuance of this Ordinance, direct that the licence held by that person shall, for such period as is specified in the direction, be subject to a condition limiting the licence to the driving of a motor vehicle to which is affixed a sealed device which will, in the opinion of the Registrar, prevent the engine from propelling the vehicle at a speed in excess of thirty miles per hour.
condition referred to in the last preceding sub-section " (1B.) Any person who fails to comply with any shall be guilty of an offence."; and (6) by adding at the end thereof the following sub-
section :—
" (10.) For the purposes of this section, ' l icence' means a licence to drive a motor vehicle of any class whatsoever.".
35. Section eighty-six of the Principal Ordinance is repealed and the following section inserted in its stead :—
Evidence of
" 86. An owner's certificate in respect of a motor vehicle shall, in all proceedings under this Ordinance, be prima facie evidence that the person last specified thereon as the owner or new owner, as the case may be, is the owner of the vehicle.".
ownership of motor vehicles. 36. Section eighty-eight of the Principal Ordinance is amended Powers and
i T T , . ! , . , » , n ,i • i , • duties of police,
by adding at the end thereof the following sub-section:— inspectors and officers. "(2.) For the purposes of the last preceding sub-section, the member, inspector or officer may drive, use, ride upon or cause himself to be carried or drawn by any such vehicle and in respect thereof shall not be liable for the payment of any fare ordinarily chargeable for the hire or use of the vehicle.".
by omitting the word " notice " and inserting in its stead the word ° "pee ' 37. Section ninety-four of the Principal Ordinance is amended The limitation " regulations ".
by omitting sub-section (2.) and inserting in its stead the following r e n n 38. Section ninety-six of the Principal Ordinance is amended Remis»ion or sub-sections :—
"(2.) Subject to the next succeeding sub-section, the Registrar may refund to any person—
(a) anjr excess payment made in respect of any matter
under this Ordinance by that person ;
(b) any fee paid by that person with respect to the regis- tration or licensing of a motor vehicle which was, in the opinion of the Registrar, registered or licensed in error;
(c) any fee paid by that person with respect to the grant of a licence or the registration of a motor vehicle where the licence or the registration is refused;
(d) being the person in whose name a motor vehicle is registered or licensed, a proportionate amount of the fee paid on the registration or licensing of the vehicle equivalent to one-twelfth of the annual registration or licence fee for each complete calendar month in the unexpired period of such registration
or licensing, less a deduction of a fee of Five shillings,
in any of the following circumstances:—
(i) Where the motor vehicle is destroyed by
accident;
(ii) Where, on the application of that person, the
registration or licence is cancelled; or
(iii) Where the motor vehicle is re-registered on account of an alteration in the construction, equipment or use thereof:
Provided that, in any case where a refund is made in respect of both the registration and licence fees of a motor vehicle, one fee of Five shillings only shall be deducted from the amount of the refund.
U
"(3 . ) A refund under pa rag raph (6) or (d) of the last preceding sub-section shall not be made unless and unt i l—
(a) the certificate of registration or such other evidence of the payment of the registration fee as is, in the opinion of the Registrar, sufficient, together with the two number-plates issued in connexion with the regis- trat ion of the motor vehicle; or
•
(6) the licence,
as the case may be, is produced to the Regis t ra r :
Provided that , where the number-plates are lost or destroyed, the refund may, upon payment to the Commonwealth of the sum of Five shillings, be made, unless the Registrar has reason to believe that improper use has been or is being made of the plates.".
" (4 . ) F o r the purposes of this section, any reference to a
licence or to the registration of a motor vehicle shall be deemed
to include a reference to any renewal of the licence or registration.".3 9 . After section one hundred and two of the Pr incipal Ordinance the following section is inser ted:—
Motor vehicle " 1 0 2 A . — (1.) Where application is made to the Registrar by
triab an!»peed any person for permission to conduct motor vehicle reliability
test9, trials or speed tests upon any public street and the applicant gives notice of his application by advertisement in a local newspaper at least two clear days before the day in respect of which the permit is desired, and the Registrar is satisfied that permission can be granted without danger to the public, the Registrar may, subject to any directions of the Minister, issue a permit exempting the persons taking part in the trials or tests from the provisions of this Ordinance in relation to the affixing of silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during those trials or tests. "(2.) The Registrar shall in any such permit specify the time
and place at which the trials or tests are to be conducted and may
also state any conditions to be observed in relation to the trials
accompanied by a fee of One shilling. or tests. "(3.) An application for a permit under this section shall be "(4.) Any person who fails to comply with any condition con- tained in any permit under this section shall be guilty of an offence.". Amendment of 40. Form A in the First Schedule to the Principal Ordinance
Form A. • -t 1 is amended—
(a) by omitting from the heading thereto the words
" of Registration " ;
" F
(b) by omitting the letters C and inserting in their stead the letters " A.C.T.";
(c) by omitting the foot-note on the front thereof and inserting in its stead the following foot-note:—
I
" This Certificate is granted subject to the Motor Traffic
Ordinance 1930 and any amendments thereof and the Regula-
tions for the time being in force thereunder. The certificate
is, in all proceedings under the Ordinance, prima facieevidence that the person last specified thereon as owner or
new owner, as the case may be, of the motor vehicle is the
owner of the vehicle. The certificate must be returned to the
Registrar of Motor Vehicles within seven days of the date of
the sale or disposal of the motor vehicle, or of any alteration
I
thereof or in the event of its destruction or breaking up or
of the owner changing his address.";
and
(d) by omitting all the words on the back thereof and
inserting in their stead the following words:—
[Back of Form.]
In the event of the sale or disposal of the Motor Vehicle mentioned in this certificate, the person selling or disposing of the motor vehicle (the former owner) is required by section 19 of the Ordinance to return this certificate and the certificate of registration to the Registrar of Motor Vehicles, Canberra. The signatures of the former owner and the new owner should be inserted in the proper places in the following form: —
MEMORANDUM OF TRANSFERS OF REGISTRATION.
Full Name Address Signature Signature Signature
Date of Transfer Receipt of of of of of of Registration. No. New New Former New Registrar. Owner. Owner. Owner. Owner.
Penalty for failure to comply with section 19 of the Ordinance—not exceeding £20.
MEMORANDUM OF RENEWALS OF REGISTRATION AND OF RE-REGISTRATIONS.
Registered.
SUmature of
Date Fee raid. Receipt No. Label No. Registrar.
From. To.
I
MEMORANDUM OF C H A N G E S OF OWNERSHIP OR OF ADDRESS (Sec t ions 19A and 45.)
I
Bate of Sale or Full Name Address Signature Signature
New Signature of
Disposal or Change of New of New of Former of New
Address. Registrar.
of Address. Owner.* Owner.* Owner.* Owner.*
•
• To be completed in the event of the sale or disposal of the motor vehicle when unregistered.".
4 1 . Form B in the First Schedule to the Principal Ordinance is amended—
(a) by omitting from the heading thereto the words
" of Registration " ;
" F
(b) by omitting the letters C and inserting in their
stead the letters " A.C.T.";
(c) by omitting the foot-note on the front thereof and inserting in its stead the following foot-note:—
" This Certificate is granted subject to the Motor Traffic Ordinance 1936 and any amendments thereof and the Regula- tions for the time being in force thereunder. The certificate is, in all proceedings under the Ordinance, prima facie evidence that the person last specified therein as owner or new owner, as the case may be, of the motor cycle is the owner of the niotor cycle. The certificate must be returned to the Registrar of Motor Vehicles within seven days of the date of the sale or disposal of the motor cycle, or of any alteration thereof or in the event of its destruction or breaking up or of the owner changing his address.";
and
(d) by omitting all the words on the back thereof and inserting in their stead the following words:—
[Back of Form.]
In the event of the sale or disposal of the Motor Cycle mentioned in this
certificate, the person selling or disposing of the motor cycle (the former
and the certificate of registration to the Registrar of Motor Vehicles, Canberra. owner) is required by section 19 of the Ordinance to return this certificate The signatures of the former owner and the new owner should be inserted in the proper [daces in. the following form: — MEMORANDUM OF TRANSFERS OF REGISTRATION-.
Full Name Address Signature Signature Signature
Date of Transfer Receipt
of .Registration. of New of New of Former of New of
No. Owner. Owner. Owner. Owner. Registrar.
Penalty for failure to comply with section 19 of the Ordinance—not
exceeding £20.
MEMORANDUM OF RENEWALS OF REGISTRATION AND OF RE-REGISTRATTONS.
Registered.
Date Fee Paid. Receipt No. Label No. Signature of Registrar.
From. To
M E M O R A N D U M O F C H A N G E S O F O W N E R S H I P OR O F A D D R E S S .
(Sec t ions 1 9 A a n d 45.)
Date of Sale or Full Name Address Signature Signature
New Signature of
Disposal or Change of New of New of Former of New
Address. Registrar.
of Address. Owner.* Owner.* Owner.* Owner.* * To be completed in the event of the sale or disposal of the motor cycle when unregistered.".
42. Form C in the First Schedule to the Principal Ordinance substitution of
is repealed and the following Form inserted in its stead:—
fl
' ' Form C. [Front of Form.] (Section 13.)
Australian Capital Territory.
Serial Mo.
Renewal Date. Label No..
Motor Traffic Ordinance 193G. CERTIFICATE OF REGISTRATION.
This is to certify that MOTOR* No. A.C.T *Here insert Engine No
has been registered in the name of
"Motor Car," "Motor Lorrv,'
of.. . ; for a period of from the " Motor
day of 19 , to the day of 19. Tractor,"
"Motor
Omnibus,"
Fee paid £ Registrar of Motor Vehicles. "Motor Cycle,'
Canberra. or as the case
may be.and the Regulations for the time being in force thereunder. It must be returned to the Registrar This Certificate is granted subject to the Motor Traffic Ordinance 1936 and any amendments thereof, of Motor Vehicles within seven days of the date of expiry thereof or of the sale or disposal of the motor vehicle, or of any alteration thereof or in the event of the owner changing his address or of the destruction or breaking up of the motor vehicle.
[Hack of Form.]
In the even t of the sale or d i sposa l of t h e Moto r Vehicle men t ioned in
this certificate, the person selling or disposing of the motor vehicle
(the former owner) is required by section 19 of the Ordinance to return thisIK
cer t i f ica te a n d t h e cer t i f ica te of o w n e r s h i p t o t h e R e g i s t r a r of M o t o r Vehic les ,
C a n b e r r a . The s i g n a t u r e s of t h e former owner a n d t h e new owner should be
inse r t ed in t h e p roper p laces in t h e fol lowing f o r m : —
•
M E M O R A N D U M OF T R A N S F E R S O F R E G I S T R A T I O N .
Full Name Address Signature Signature Signature
Date of Transfer Receipt of New of New of Former of New of of Registration. No. Owner. Owner. Owner, Owner. Registrar,
•
P e n a l t y for f a i lu re to comply w i t h sect ion 19 of t h e O r d i n a n c e — n o t exceeding £20.
M E M O R A N D U M O F C H A N G E S O F A D D K E S S .
Registered Owner. New Address. Signature of Registrar.
Amendments
43 . Form F and Form II in the First Schedule to the Principal Ordinance are amended by omitting the letters C (wherever occurring) and inserting in their stead the letters " A.C.T.".
of Forms F and H.
Insertion of Form HA.
44. Th^yirs t Schedule to the Principal Ordinance is amended by inserting, after Form H, the following Form:—•
[Front of Form.]
" F o r m H A . (Sec t ion 2 5 A . )
A u s t r a l i a n C a p i t a l T e r r i t o r y .
Renewa l D a t e Licence N o
Motor Traffic Ordinance 1930.
L I C E N C E F O R C A R R I A G E O F T O U R I S T S .
Th i s
is
to
cer t i fy
t h a t — P u b l i c
H i r e Car No . P r i v a t e
whereof of is owner
is l icensed for use . w i t h i n the A u s t r a l i a n C a p i t a l T e r r i t o r y , for t h e c a r r i a g e
of t o u r i s t s * a t s e p a r a t e fares for from the
d a v of 19
Fee p a y a b l e . £ 1 . R e g i s t r a r of Moto r Vehic les , C a n b e r r a .
This Licence is granted subject to the Motor Traffic Ordinance 1930 and any amendments thereof, and the Regulations for the time being in force thereunder.
This Licence mint lie returned
witliin seven days of the date of expiry to the Registrar of Motor Vehicles, Canberra.
is denned as follows :—
*For tile purpose of section 25A of the Motor Traffic Ordinance 1936-1938, the, term "Tourists " '"Tourists ' means persons witli whom the Canberra Tourist Bureau, or a person thereto
•
authorized in writing by the Minister, has entered into a contract to convey them on a sight-
seeing tour within the Territory.". .
amended by omitting clause 2 and inserting in its stead the ^heduie°d 45. The Second Schedule to the Principal Ordinance is Amendment of following clause:—
' ' 2 . — (1.) Registration or renewal of registration of motor cycle (without
side c a r ) — £ s. d.
(a) if wholly manufactured within the British Dominions 1 1 0 (h) if not wholly manufactured within the British
Dominions . . . . . . . . . . 1 2 6
(2.) Registration or renewal of registration or motor cycle (with side
car) —
£ s. d. (a) if wholly manufactured within the British Dominions 1 18 0 (6) if not wholly manufactured within the British
Dominions ' . . . . . . . . . . 2 0 0.".
46. The Third Schedule to the Principal Ordinance is A™£d?ent r , , of Third
amended— schedule, (a) by omitting the words " An i ron" (wherever occur- ring) and inserting in their stead the words " A meta l" ;
(&) by omitting the letters C (wherever occurring)
m »
and inserting in their stead the letters " A.C.T."; and
(c) by omitting paragraphs (5), (6) and (7).
47. An owner's certificate of registration in force immediately continuance prior to the commencement of this Ordinance shall be deemed to certificate*, be an o-wner's certificate, and a certificate of renewal of registration
so in force shall be deemed to be a certificate of registration, for the purposes of the Principal Ordinance, as amended by this Ordinance, and every such certificate shall during the subsistence of the certificate be under and subject to the Principal Ordinance, as so amended, as if it had been granted thereunder.
Dated this twenty-second day of December, 1938.
GOWRIE
Governor-General.
By His Excellency's Command,
V. C. THOMPSON
for Minister of State for the Interior.
BY Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
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