Road Safety (Vehicles) (Amendment) Regulations 2002 (Vic)

Road Safety (Vehicles) (Amendment) Regulations

2002

S.R. No. 113/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Update of reference to Duties Act 2000	2
6.	Removal of references to stamp duty	2
7.	Definitions	2
8.	Obligations of disposers	2
9.	Obligations of acquirers	4
10.	Fees for transfer of registration	5

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ENDNOTES 6

i

STATUTORY RULES 2002

S.R. No. 113/2002

Road Safety Act 1986

Road Safety (Vehicles) (Amendment) Regulations

2002

The Governor in Council makes the following Regulations:
Dated: 29 October 2002
Responsible Minister:

PETER BATCHELOR Minister for Transport

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 1999 to make further provision for the transfer of the registration of vehicles.

2. Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3. Commencement

These Regulations come into operation on

30 October 2002.

4. Principal Regulations

In these Regulations, the Road Safety (Vehicles)
Regulations 19991 are called the Principal
Regulations.

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5. Update of reference to Duties Act 2000

In regulation 202(1)(b) of the Principal
Regulations, for "Stamps Act 1958" substitute

"Duties Act 2000".

6. Removal of references to stamp duty

In regulations 210(2)(c), 212(c)(i), 232(2)(b) and
245(1)(c) of the Principal Regulations omit

"stamp".

7. Definitions

In regulation 228(1) of the Principal

Regulations—

(a) for the definition of "dealer" substitute

' "dealer" means a licensed motor car trader within the meaning of the Motor Car Traders Act 1986;';

(b) insert the following definition—
' "public auction" means an auction that is

open to the general public;'.

8. Obligations of disposers

(1) After regulation 229(1)(c)(iii) of the Principal

Regulations insert—

"; or

(iv)  the vehicle is disposed of by way of sale at public auction by an agent of the disposer.".

(2) In regulation 229(2) of the Principal Regulations, for "Subject to sub-regulation (3A), a" substitute "A".

(3) In regulation 229(3) of the Principal

Regulations—

(a) for "Subject to sub-regulation (3A), a" substitute "A";

Road Safety (Vehicles) (Amendment) Regulations 2002

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(b) for paragraph (b) substitute—

"(b) any applicable duty; and

(ba) any appropriate transfer fee payable in

respect of the disposal of the vehicle;
and".

(4) In regulation 229 of the Principal Regulations, for sub-regulation (3A) substitute—

"(3A) Sub-regulation (2) does not apply to a dealer

on whose behalf an agent disposes, by way
of sale at public auction, of a registered
vehicle of the dealer to a person who is not a

dealer.

(3B) Sub-regulation (3) does not apply to a dealer

on whose behalf an agent disposes, by way
of sale at public auction, of a registered
vehicle of the dealer to a person who is not a
dealer if the person who acquires the vehicle
is given, before or at the time the vehicle is

sold, notice to the effect that—

(a)	the person selling the vehicle is acting as an agent on behalf of that dealer; and
(b)	the person acquiring the vehicle must, within 14 days of acquiring the vehicle, lodge with the Corporation—

(i)	a completed and signed application for transfer of registration (as required by regulation 230(1)); and
(ii)	evidence satisfactory to the Corporation that a current certificate of roadworthiness has been obtained in respect of that vehicle (as required by regulation 230(1)(c)(i)); and

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(iii) appropriate fee for transfer of
registration of that vehicle (as

any applicable duty and the 230(1)(c)(ii)).

(3C) If—

(a)	a registered vehicle of a dealer is sold on the dealer's behalf by an agent of the dealer by way of sale at public auction; and
(b)	the person who acquires that vehicle is given, before or at the time the vehicle is sold, a notice of the kind referred to in sub-regulation (3B)—

the dealer must comply with sub-regulation

(1)(a) and (b) and not sub-regulation (1)(c).".

(5) In regulation 229(4) of the Principal Regulations,

for "and (3A)" substitute ", (3A), (3B) and (3C)".

9. Obligations of acquirers

(1) In regulation 230(1)(c)(ii) of the Principal

Regulations omit "stamp".

(2) In regulation 230(3A) of the Principal

Regulations, for "has given notice under regulation 229(3A)" substitute "is given notice of the kind referred to in regulation 229(3B)".

(3) In regulation 230(4) of the Principal

Regulations—

(a)	for "has given notice under regulation 229(3A)" substitute "is given notice of the kind referred to in regulation 229(3B)"; and
(b)	in paragraph (b), for "give to the dealer" substitute "pay to the dealer the applicable duty and".

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(4) In regulation 230(6)(b) of the Principal

Regulations omit "stamp".

10. Fees for transfer of registration

In regulation 237(1)(a) of the Principal meaning of regulation 228(1)".

Regulations, for "used car dealer registered under
Subdivision (16) of Division 3 of Part II of the

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Road Safety (Vehicles) (Amendment) Regulations 2002

Endnotes

S.R. No. 113/2002

ENDNOTES

1 Reg. 4: S.R. No. 29/1999. Reprint No. 1 as at 21 December 2001

incorporating amendments up to S.R. No. 146/1999. Subsequently
affected by S.R. No. 59/2000 and amended by S.R. Nos 58/2000, 83/2001
and 29/2002.