Road Transport (Vehicle Registration) Act 1997 (NSW)
An Act to provide for the registration of vehicles and for related matters as part of the system for nationally consistent road transport laws; to make consequential amendments to the Traffic Act 1909 and other Acts; and for other purposes.
This Act and the regulations made under it form part of the
This Act is the Road Transport (Vehicle Registration) Act 1997.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are:
(a) to make provision for the registration of registrable vehicles in accordance with the agreements scheduled to the National Road Transport Commission Act 1991 of the Commonwealth as part of the uniform national road transport legislation envisaged by that Act, and
Note— The Agreements concerned were the Heavy Vehicle Agreement and the Light Vehicle Agreement. The Commonwealth Act referred to has been repealed and replaced by the National Transport Commission Act 2003 of the Commonwealth. That Act does not have any Agreements scheduled to it but does make provision for an Agreement “entered into in relation to [that] Act”. That Agreement is the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport.
(b) to improve road safety and transport efficiency and reduce the costs of administering road transport.
In this Act:
(a) if the vehicle is normally kept at a depot or base of operations when not in use—the principal depot or base of operations of the vehicle, or
(b) if the vehicle is normally kept on a road or road related area when not in use:
(i) where the vehicle has one registered operator—the residential address of the registered operator, or
(ii) where the vehicle has more than one registered operator and one or more of the operators reside in New South Wales—the residential address of the registered operator residing in New South Wales whose address is nearest the road or road related area, or
(iii) where the vehicle has more than one registered operator and none of the registered operators reside in New South Wales—the suburb and road or road related area in New South Wales where the vehicle is normally kept, or
(c) if the vehicle is normally kept at a place (other than a depot, base of operations or road or road related area) when not in use—the place where the vehicle is normally kept.
See section 10 concerning the number of registered operators for a registrable vehicle that may be recorded in the Register.
(a) as specified by the motor vehicle’s manufacturer, or
(b) as specified by the Authority if:
(i) the manufacturer has not specified the sum of the maximum loaded mass, or
(ii) the manufacturer cannot be identified, or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.
(a) as specified by the vehicle’s manufacturer, or
(b) as specified by the Authority if:
(i) the manufacturer has not specified a maximum loaded mass, or
(ii) the manufacturer cannot be identified, or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.
(a) a vehicle used on a light rail system within the meaning of the Transport Administration Act 1988, or
(b) any other light rail system prescribed for the purposes of this definition by the regulations.
(a) any heavy vehicle or other motor vehicle, or
(b) any trailer, or
(c) any other vehicle prescribed by the regulations for the purposes of this definition.
(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public and is designated for use by cyclists or animals, or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or
(e) a shoulder of a road, or
(f) any other area that is open to or used by the public and that has been declared under section 15 of the Road Transport (General) Act 2005 to be an area to which specified provisions of this Act or the regulations apply.
(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
(b) any other vehicle prescribed by the regulations.
The provisions of the Acts Interpretation Act 1901 of the Commonwealth apply to the interpretation of this Act and the regulations, except that, in relation to New South Wales:
(a) “Gazette” is to refer to the New South Wales Government Gazette, and
(b) “Minister” is to refer to the responsible Minister of New South Wales.
This section does not prevent the Interpretation Act 1987 from applying to this Act and the regulations to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.
Notes included in this Act are explanatory notes and do not form part of this Act.
For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Acts. Abbreviations in the notes include:
• Cth Act: Road Transport Reform (Heavy Vehicles Registration) Act 1997 of the Commonwealth
• Traffic Act: Traffic Act 1909 (as in force immediately before the enactment of this Act).
The functions of the Authority under this Act are:
(a) to administer the registration system established by the regulations, and
(b) to maintain a Register of Registrable Vehicles in accordance with this Act, and
(c) to collect registration and permit charges determined under this Act and taxes determined under the Motor Vehicles Taxation Act 1988, and
(d) to provide information about registrable vehicles and registered operators in accordance with the regulations, and
(e) to administer the system for regulating vehicle standards and inspections established by the regulations.
(Repealed)
For the purpose of carrying out its functions under this Act, the Authority may, in accordance with the regulations:
(a) register or refuse to register a registrable vehicle, and
(b) renew or refuse to renew the registration of a registrable vehicle, and
(c) transfer or refuse to transfer the registration of a registrable vehicle from one person to another, and
(d) issue a permit or refuse to issue a permit for the use of an unregistered registrable vehicle, and
(e) impose conditions on the registration of a registrable vehicle or on a permission to use an unregistered registrable vehicle, and
(f) cancel or suspend the registration of a registrable vehicle, and
(g) collect registration and permit charges determined under this Act and taxes imposed by the Motor Vehicles Taxation Act 1988, and
(h) specify a GCM for a motor vehicle in the circumstances envisaged in paragraph (b) of the definition of
GCM in section 4, and(i) specify a GVM for a motor vehicle or trailer in the circumstances envisaged in paragraph (b) of the definition of
GVM in section 4, and(j) require proof of compliance with any applicable provisions of the Motor Accidents Act 1988, the Stamp Duties Act 1920 and the Duties Act 1997, and
(k) fix the fees and charges to be payable for or in connection with any service provided under this Act or the regulations, and
(l) exercise other powers conferred by the regulations.
The Authority must cause fees and charges fixed under subsection (1) to be published in the Gazette.
The regulations may make provision for or with respect to the issue by the Authority of number-plates (
The Authority is authorised to enter into contractual and other commercial arrangements (
Special number-plate arrangements under this section must include provision to ensure that a party to the arrangements will be subject to the same restrictions on the collection, use or disclosure of information obtained in the course of the operation of the arrangements as apply to the Authority under the Privacy and Personal Information Protection Act 1998.
Regulations under this section can include provision for or with respect to the following:
(a) the issue of special number-plates independently of vehicle registration, as a commercial undertaking conducted by the Authority,
(b) providing for the Authority to enter into agreements with persons to whom special number-plates are or are to be issued, to provide for their rights and obligations in connection with the special number-plates issued to them,
(c) requiring the payment of fees, charges and consideration for or in connection with the issue, use, transfer, replacement and surrender of special number-plates,
(d) providing for the setting of those fees, charges and consideration by the regulations, the Authority or a party to special number-plate arrangements or by or under any process provided for by the regulations or special number-plate arrangements.
The
The Authority must not register a registrable vehicle unless it is satisfied that the vehicle’s garage address is in the State.
Subject to this section, the Register is to be maintained in accordance with the regulations.
The Register does not provide evidence of title to any registrable vehicle.
The Authority must ensure that the information in the Register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the regulations or under another law.
The Authority may:
(a) in the case of a transitional registrable vehicle—continue to record in the Register the names of not more than 2 persons as being responsible for the vehicle, or
(b) in the case of any other registrable vehicle—record in the Register the name of only one person as being responsible for the vehicle.
Section 4 defines a
A registrable vehicle is a
(a) 2 persons were recorded in the Register as being responsible for the vehicle immediately before the commencement of this section, and
(b) the vehicle has not ceased to be a transitional registrable vehicle since that time.
A registrable vehicle
(a) the transfer of the registration of the vehicle,
(b) the cancellation or surrender of the registration of the vehicle,
(c) if the registration of the vehicle has expired and the period within which the registration may be renewed has also expired.
If more than one person is recorded as a registered operator of a transitional registrable vehicle, a reference in any relevant legislation to the registered operator of a registrable vehicle within the meaning of this Act is taken (subject to any regulations made for the purposes of subsection (3)) to include a reference to each registered operator of the transitional registrable vehicle.
The regulations may provide for the determination of the respective rights, liabilities and obligations of each registered operator of a transitional registrable vehicle under any relevant legislation.
The Register may include information notified to the Authority under this Act and such other information as the Authority considers appropriate.
The Register may be kept in the form of, or as part of, a computer database or in such other form as the Authority considers appropriate.
Without limiting section 7 or any other provision of this section, the Authority may correct any mistake, error or omission in the Register subject to the requirements (if any) of the regulations.
In this section:
(a) a provision of this Act (or a provision of a regulation made under this Act), or
(b) a provision of any other Act (or a provision of a statutory rule made under any other Act) concerned with the registered operator of a registrable vehicle within the meaning of this Act.
(Repealed)
The Authority may, by signed instrument, delegate to a person prescribed by the regulations all or any of its powers under this Act or the regulations.
Nothing in this section affects any other power of delegation that the Authority has under any other Act.
Any devices, plates or documents issued by the Authority for the purpose of authorising the use of a registrable vehicle remain the property of the Authority.
Any special number-plate issued by the Authority (whether or not for the purpose of authorising the use of a registrable vehicle) remains the property of the Authority.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The regulations may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any publication (including any Act or regulation of the Commonwealth) as in force from time to time.
Section 42 (1) of the Interpretation Act 1987 provides that if an Act authorises or requires provision to be made for or with respect to any matter by a statutory rule, such a rule may make provision for or with respect to that matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or of any other publication, whether of the same or of a different kind.
However, section 69 of that Act ensures that a reference to any such publication is to be read as a reference to the publication as in force on the day the Act or instrument takes effect unless the Act or instrument provides for the application, adoption or incorporation of the publication as in force from time to time.
Without limiting the scope of this section, section 15 or section 15A, the regulations may make provision for or with respect to the same kinds of matters concerning registration, the use of registered and unregistered vehicles, number-plates, vehicle standards and inspections in respect of which regulations could have been made under section 3 (1) of the Traffic Act 1909, as in force immediately before its amendment by this Act.
The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
The regulations may provide for the day on which the service of any notice or other document under this Act or the regulations is to be taken to have been effected.
The regulations may provide for the inclusion of an additional fee in respect of the lodging of any late application in respect of the renewal or transfer of registration and for when the Authority may waive that fee.
A regulation may impose a fee in respect of the registration or inspection of a registrable vehicle despite the fact that the fee may also comprise a tax.
Without limiting section 14, the regulations are to provide a system of registration of registrable vehicles that are used on roads or road related areas that:
(a) provides a means of authorising the use of registrable vehicles on roads or road related areas, and
(b) enables the identification of each registrable vehicle that is used on a road or a road related area, and of the person responsible for it.
Without limiting the scope of regulations under subsection (1), the regulations may:
(a) fix the periods for which the registration of registrable vehicles may be effected or renewed, and
(b) provide for the calculation of taxes, charges and fees for the registration of registrable vehicles for such periods as may be prescribed by the regulations, and
(c) provide for the recognition by the Authority of things done under a law of another State or Territory that corresponds to this Act, and
(d) (Repealed)
(e) provide for a refund (or partial refund), in accordance with the regulations, of the registration fees for a registrable vehicle under this Act or for fees for an unregistered vehicle permit, and
(e1) provide for the waiver or postponement (or partial waiver or postponement), in accordance with the regulations, of the registration fees for a registrable vehicle under this Act or for fees for an unregistered vehicle permit, and
(f) fix fees for services provided by the Authority in connection with the registration, or the late renewal of registration, of registrable vehicles or the issue of an unregistered vehicle permit, and
(g) provide for the approval by the Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the regulations, and
(h) make provision for or with respect to the form, issue, use, surrender and transfer of plates (including trader’s plates) and registration labels, registration certificates and other registration documents, and
(h1) require the keeping of records with respect to the driving of registrable vehicles to which trader’s plates are attached, and
(h2) enable police officers to require any driver or person in charge of a registrable vehicle to which a trader’s plate is attached to answer questions put to the person concerning the use of the plate, and
(i) provide for offences in relation to the forgery or alteration of plates and of registration labels, registration certificates and other registration documents and in relation to the use of any such forged or altered plate, label, certificate or document, and
(j) (Repealed)
Without limiting section 14, the regulations may make provision for or with respect to vehicle standards, inspection or testing of registrable vehicles and the production of registrable vehicles for inspection and testing.
Without limiting the scope of regulations under subsection (1), the regulations may:
(a) impose requirements with respect to the supply of information or documents to purchasers and prospective purchasers of registrable vehicles relating to their compliance with vehicle standards, and
(b) provide for the identification of any part (including an engine or engine block) of a registrable vehicle and the use of any such identification, and
(c) authorise the Authority to exempt any particular vehicle or class of vehicles from a vehicle standard prescribed by the regulations.
Without limiting the scope of regulations under subsection (1), the regulations may, for the purposes of the inspection of any registrable vehicle, also:
(a) authorise the entry in or on any registrable vehicle (whether or not on a road or road related area), and
(b) authorise entry into or on any premises ordinarily used for the sale of any registrable vehicle or where a registrable vehicle may be held in possession for sale, and
(c) provide for the requirements to be observed with respect to the use and disposition of registrable vehicles that do not comply with the vehicle standards prescribed by the regulations or that are subject to inspections, and
(d) require lodgment, and provide for the forfeiture of, security for the performance of obligations specified by or under this Act on persons involved in the conduct of inspections, and
(e) make provision with respect to charges relating to inspections carried out by the Authority or by persons authorised by the Authority to carry out inspections.
The regulations may provide that this Act does not apply to a registrable vehicle, or registrable vehicles of a kind, identified in the regulations.
The regulations may allow the Authority to exempt a registrable vehicle from the requirement to be registered subject to compliance with conditions specified in the regulations.
(Repealed)
The regulations may provide for the Authority:
(a) to suspend the operation of any regulation referred to in subsection (1) in such manner and in such circumstances as may be specified by the regulations, or
(b) to suspend the operation of an exemption given by it to any registrable vehicle in such manner and in such circumstances as may be specified by the regulations,
or both.
In this Part:
(a) in the case of a vehicle manufactured before 1 January 1989—the number quoted on the compliance plate that uniquely identifies the vehicle and sets it apart from similar vehicles and that corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle, or
(b) in any other case—the unique vehicle identification number (or “VIN”) allocated to the vehicle in accordance with the International Standards Organisation’s vehicle identification system required under an Australian Design Rule adopted by the regulations.
The Authority is to keep a register of written-off vehicles that records information about vehicles that the Authority has reason to believe:
(a) are written-off vehicles (
statutory written-off vehicles ), or(b) were previously written-off vehicles but which have since been repaired and then registered (
former written-off vehicles ).
The register is to contain such information and be in such form as the Authority thinks appropriate.
In this section
(a) that has been assessed to be a total loss by a person in accordance with Division 3, or
(b) that has been disposed of to an auto-dismantler by a self-insurer, or
(c) that has been demolished or dismantled by an auto-dismantler, or
(d) that is in the control of an auto-dismantler and is intended to be demolished or dismantled, or
(e) that was recorded on the register of written-off vehicles on the commencement day, or
(f) that is prescribed by the regulations.
The Authority must not register, renew or transfer the registration of any vehicle (or if the vehicle is registered, the Authority must cancel the registration of the vehicle) if its vehicle identifier is the same as the vehicle identifier of a statutory written-off vehicle or an interstate written-off vehicle.
However, subsection (1) does not apply if the vehicle is the subject of an authorisation to repair and:
(a) the application for registration is accompanied by a certificate of compliance in relation to the vehicle, or
(b) the Authority is satisfied that the vehicle is of a class exempt by the regulations from the obligation to be the subject of a certificate of compliance.
If the Authority cancels the registration of a vehicle under this section, the Authority must immediately notify the registered operator of the vehicle of the cancellation.
Despite section 14 (3) of the Motor Accidents Compensation Act 1999, a third-party policy (within the meaning of that Act) is not cancelled immediately upon cancellation of registration of a vehicle under this section and continues to have effect until the day on which the registered operator of the vehicle is given notice of the cancellation of registration.
The Authority must not register, renew or transfer the registration of a vehicle if to do so would breach a condition imposed by the Authority on an authorisation to repair.
In this section:
(a) a statutory written-off vehicle or similar (being a vehicle that is not permitted to be registered in that jurisdiction by the vehicle registration authority of that jurisdiction), or
(b) a repairable written-off vehicle or similar (being a vehicle that may in certain circumstances be registered in that jurisdiction), but only if that vehicle has not been registered in this or another jurisdiction since being so recorded.
The Authority must refuse an application for the issue of an authorisation to repair a written-off vehicle if the Authority reasonably believes any one or more of the following:
(a) that the vehicle has suffered non-repairable damage,
(b) that the vehicle is prescribed by the regulations as a non-eligible vehicle,
(c) that the applicant is prescribed by the regulations as a non-eligible person.
This section does not limit the circumstances in which the Authority may refuse the issue of an authorisation to repair.
An eligible person may apply to the Authority for the issue of an authorisation to repair a vehicle.
An application for the issue of an authorisation:
(a) must be in a form approved by the Authority, and
(b) must be accompanied by a record of an assessment made in accordance with Division 3 that the vehicle has not suffered non-repairable damage, and
(c) must be accompanied by any fee fixed for that purpose by the Authority under section 8.
The Authority may require an applicant to submit such other information as the Authority thinks fit.
In determining an application, the Authority must take into consideration any factors prescribed by the regulations.
The Authority may refuse the application or may issue an authorisation to repair the vehicle unconditionally or subject to any of the following conditions:
(a) a condition that the vehicle cannot be registered in the name of a person other than the applicant for a specified period or for an indefinite period,
(b) any condition of a class prescribed by the regulations.
If the vehicle is of a class of vehicles exempt by the regulations from the obligation to be the subject of a certificate of compliance, the authorisation to repair must state that fact.
In this Division:
For the purposes of this Part, a vehicle is a
(a) complies (or complied at the time of manufacture) with the requirements of all Australian Design Rules adopted by the regulations applying to it, and
(b) is not more than 15 years old (age being determined from the date of manufacture) or, if the regulations prescribe a different age, not more than the age so prescribed, and
(c) is located anywhere in Australia but is linked to the State because:
(i) it is registered in the State, or
(ii) it was last registered in the State, or
(iii) it has never been registered in Australia, but one or more of the incidents that caused the vehicle to be assessed as a total loss occurred in the State, and
(d) is not:
(i) a motor vehicle that has a GVM greater than 4.5 tonnes, or
(ii) a trailer that has a GVM greater than 4.5 tonnes.
For the purposes of this Part, a vehicle is also a
For the purposes of this Part, a vehicle is a
(a) the market value of the vehicle immediately before the damage, dismantling or demolition, or
(b) if the vehicle is insured for a specified amount (known as the sum insured), that specified amount.
The regulations may:
(a) prescribe other cases as cases in which a vehicle is a total loss for the purposes of this Part, and
(b) prescribe exceptions to this section.
In this section:
An assessor must ensure that any vehicle damage assessment made by or on behalf of the assessor is made by a person who:
(a) has the training, qualification or experience prescribed by the regulations for the purposes of this section, or
(b) acts on the advice of a person who has such training, qualifications or experience.
Maximum penalty: 20 penalty units.
The Authority may, by notice in writing, exempt a person from subsection (1), before the relevant assessment is carried out. Such an exemption has effect only for the time specified in the exemption and if any conditions to which it is subject are complied with.
This section does not have effect until 6 months after the commencement day.
An assessor must ensure that any vehicle damage assessment made by or on behalf of the assessor:
(a) includes an assessment of whether the vehicle has suffered non-repairable damage, and
(b) bases any calculation of the cost of repair of the vehicle (for the purposes of assessing whether the vehicle is a total loss) on the standard of repairs, and the repair methods, prescribed by the regulations in relation to vehicles of that type.
Maximum penalty:
(a) in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or
(b) in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.
An assessor must, if requested to do so by the registered operator or owner of a notifiable vehicle or a person authorised by the Authority, provide the operator, owner or person with a written record of any vehicle damage assessment made by or on behalf of the assessor of that vehicle setting out:
(a) a statement as to whether or not the vehicle has suffered non-repairable damage, and
(b) any other information prescribed by the regulations.
Maximum penalty: 20 penalty units.
An assessor must, if directed in writing to do so by an authorised officer, provide the Authority with a written record of any vehicle damage assessment made by or on behalf of the assessor setting out:
(a) a statement as to whether or not the vehicle has suffered non-repairable damage, and
(b) any other information specified in the direction.
Maximum penalty: 20 penalty units.
More than one direction may be issued under subsection (2).
Section 307C of the Crimes Act 1900 makes it an offence for a person to produce a record under this section if the person does so knowing that the record is false or misleading.
An assessor must ensure that the Authority is provided with the information required by the regulations concerning each notifiable vehicle that is assessed as being a total loss in the course of a vehicle damage assessment conducted by or on behalf of the assessor:
(a) within 7 days after the assessment and before the vehicle is sold or otherwise disposed of, or
(b) within any other time prescribed by the regulations.
A self-insurer must ensure that the Authority is provided with the information required by the regulations concerning each notifiable vehicle that is taken to be a total loss by virtue of being disposed of by the self-insurer (anywhere in Australia) to an auto-dismantler:
(a) within 7 days after the vehicle is disposed of, or
(b) within any other time prescribed by the regulations.
An auto-dismantler must ensure that the Authority is provided with the information required by the regulations concerning each notifiable vehicle that the auto-dismantler intends to demolish or dismantle (anywhere in Australia) in the course of the business carried on by the auto-dismantler:
(a) within 7 days after the auto-dismantler forms the intention to demolish or dismantle the vehicle, or
(b) within any other time prescribed by the regulations.
Despite subsection (3), the information must be provided before the part of the vehicle to which the vehicle identifier is attached is sold or otherwise disposed of.
A person (other than an insurer) is not guilty of an offence against this section in respect of a failure to provide information concerning a notifiable vehicle if the person satisfies the court that the person believed, on reasonable grounds, that the required information concerning the vehicle had already been provided to the Authority by another person under this section.
Maximum penalty: 20 penalty units.
An assessor must maintain, and keep for at least 7 years, the following records in relation to each vehicle damage assessment made by or on behalf of the assessor:
(a) the records required by the regulations,
(b) any other records that the Authority, by notice in writing, requires the assessor to maintain.
An authorised officer may, for the purposes of determining whether this Part has been complied with, direct in writing any person to produce any records required to be maintained under this Division.
A person must comply with such a direction within the time specified in the direction.
Maximum penalty: 20 penalty units.
A person must not induce, attempt to influence, or coerce the making of a false vehicle damage assessment or a vehicle damage assessment that does not comply with this Part.
Maximum penalty:
(a) in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or
(b) in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.
An assessor must ensure that reasonable steps are taken to remove, deface, obliterate or destroy the vehicle identifier on any part of a vehicle that has been assessed as being a total loss by or on behalf of the assessor, if required to do so:
(a) by the regulations, or
(b) by notice in writing served on the assessor by the Authority.
Maximum penalty: 20 penalty units.
An assessor must ensure that a written-off warning label is attached, in accordance with the regulations, at all times to any vehicle in the person’s possession or control that has been assessed as being a total loss:
(a) to the part of the vehicle to which the vehicle identifier is attached (in the case of a dismantled vehicle), or
(b) to the vehicle (in any other case).
The label must be attached within the period in which the information must be provided to the Authority about the vehicle under section 16L.
Maximum penalty: 20 penalty units.
A licensed repairer may issue, in a form approved by the Authority, a certificate of compliance in relation to a vehicle if:
(a) the repairer’s licence is of a class that authorises the repairer to repair the type of vehicle, and the type of vehicle damage, the subject of certification, and
(b) the licensed repairer is satisfied that the standard of repairs, and the repair methods used, are in accordance with the requirements adopted by or set out in the regulations.
A licensed repairer must not issue a certificate of compliance that he or she knows, or ought reasonably to know, is false or misleading in a material particular.
Maximum penalty: 20 penalty units.
A person must not attempt to obtain a certificate of compliance by a false or misleading statement or any misrepresentation or other dishonest means.
Maximum penalty: 20 penalty units.
The Authority may do any of the following in respect of a vehicle that is the subject of a certificate of compliance referred to in subsection (2) or (3):
(a) amend the register of written-off vehicles accordingly,
(b) suspend the registration of the vehicle,
(c) refuse to transfer the registration of the vehicle,
(d) cancel the registration of the vehicle.
The Authority must not cancel the registration of a vehicle unless it has first given the registered operator of the vehicle at least 14 days’ notice of the proposed cancellation.
A person who is not a licensed repairer must not purport to issue a certificate of compliance or advertise that the person is willing to issue a certificate of compliance.
Maximum penalty: 1,000 penalty units.
The Authority is not to provide access to the register of written-off vehicles except as provided by this section.
The Authority may allow the following to have access to the register:
(a) a government department, a public authority, a local authority or the NSW Police Force,
(b) a government department, a public authority, a local authority or the police force of another State, a Territory or the Commonwealth,
(c) Austroads, but only for the purpose of its national database of written-off vehicles and information about them,
(d) an insurer, self-insurer, auto-dismantler or dealer,
(e) any other person or body, or class of persons or bodies, prescribed by the regulations.
The Authority may provide a person or body with information contained in the register.
The Authority may:
(a) impose any conditions that the Authority considers appropriate on the provision of access, or the provision of information, under this section, or
(b) limit the level of detail to which access is provided under this section as the Authority considers appropriate.
A person must not, except as authorised by the Authority:
(a) obtain access to the register of written-off vehicles or information contained in the register, or
(b) make, alter or delete an entry in the register, or
(c) interfere with the register in any other way.
Maximum penalty: 250 penalty units.
A person must not disclose any information obtained in connection with the administration or execution of this Part, except:
(a) in connection with the administration or execution of this Act or the regulations, or
(b) for the purposes of Austroads administering a national database of written-off vehicles and information about them and allowing driver licensing and vehicle registration authorities in the other States and Territories to have access to the information in the national database, or
(c) for the purposes of any legal proceedings arising out of this Act or the regulations or of any report of such proceedings, or
(d) to the Motor Vehicle Repair Industry Authority constituted under the Motor Vehicle Repairs Act 1980 for the purposes of any disciplinary or legal proceedings arising out of that Act or the regulations under that Act, or
(d1) to Transport for NSW for the purpose of assisting Transport for NSW to exercise its functions, or
(e) in the circumstances prescribed by the regulations.
Maximum penalty: 20 penalty units.
A statement in a certificate purporting to have been issued by an Australian Authority or Australian authorised officer that, at a specified time or during a specified period, a specified vehicle was or was not on the register of written-off vehicles or a register of written-off vehicles (however described) kept under a law of another Australian jurisdiction is admissible as evidence in any legal proceedings and is, until admissible evidence is given to the contrary, evidence of the matter certified.
In this section,
Without limiting section 14, the regulations may make provision for or with respect to the following matters:
(a) any matter relating to the registration of written-off vehicles,
(b) any matter relating to the issue of authorisations to repair,
(c) any matter relating to the making of vehicle damage assessments under this Part, including the conduct or duties of persons making those assessments,
(d) any matter relating to the making and keeping of records under this Part and the furnishing of information and records,
(e) any matter relating to the issue of certificates of compliance, including the conduct or duties of persons issuing certificates of compliance,
(f) any matter relating to written-off warning labels,
(g) the disclosure of information obtained in connection with the administration or execution of this Part.
The regulations may require any person to provide the Authority with the information prescribed by the regulations concerning any notifiable vehicle that is assessed as being a total loss while in the care, custody or control of the person (anywhere in Australia).
The regulations may exempt, with or without conditions, any vehicle, any class of vehicles or any class of persons from the operation of all or any of the provisions of this Part.
The regulations may adopt a provision set out in any specified publication.
In this Part:
(a) the maximum mass of the vehicle (including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle), or
(b) in relation to a vehicle for which there is no compliance plate—its operating mass.
(a) every person who is the owner, joint owner or part owner of the vehicle, and
(b) any person who has the use of the vehicle under a hire-purchase or hiring agreement,
but does not include the lessor of a vehicle under a hire-purchase agreement.
Any reference in this Part to regulations made for the purposes of this Part is a reference to regulations made under this Act for or with respect to a matter that is required or permitted to be prescribed by a provision of this Part.
The annual registration charge for a chargeable heavy vehicle that is registered, or the registration of which is renewed, during a particular financial year is the amount for the type or kind of vehicle specified by, or calculated in accordance with, the regulations.
See section 17C for the calculation of registration charges for chargeable heavy vehicles registered for less than one year. Also, annual registration charges are not payable to the extent to which an exemption or partial exemption is granted by or under regulations made for the purposes of subsection (2) (c).
Without limiting subsection (1), the regulations may make provision for or with respect to the following:
(a) the specification or calculation of registration charges by reference to types or kinds of chargeable heavy vehicles,
(b) the indexation of the amount payable for registration charges over a number of financial years,
(c) exemptions or partial exemptions (or the granting of exemptions or partial exemptions) from, or reductions in, registration charges,
(d) the refunding of registration charges paid for the registration of a chargeable heavy vehicle if, during the currency of the registration, a change is made in the construction, equipment, configuration, use or ownership of the vehicle of such a nature that no charges or a reduced amount of charges would be payable in respect of the vehicle on the renewal of its registration,
(e) the amount of any such refund to be calculated in accordance with a formula to be prescribed by the regulations,
(f) the production, at the time of application for registration or renewal of registration of a chargeable heavy vehicle or at any time during the currency of the registration, of weighbridge tickets showing the weight of the vehicle,
(g) fees of an administrative nature for changes in registration charges and registration arising out of a change in the construction, equipment, configuration, use or ownership of a chargeable heavy vehicle.
The Minister is not to recommend the making of a regulation that prescribes any amounts as annual registration charges, or the manner in which annual registration charges are to be calculated, for chargeable heavy vehicles unless the Minister is satisfied that the provisions of the regulation are consistent with:
(a) model legislation within the meaning of the National Transport Commission Act 2003 of the Commonwealth, or
(b) provisions for road transport laws that are recommended or approved by the Australian Transport Council or the National Transport Commission under the Agreement referred to in section 4 of the National Transport Commission Act 2003 of the Commonwealth for implementation or adoption by the parties to that Agreement.
For the avoidance of doubt, subsection (3) does not limit the ability of the Minister to recommend the making of a regulation that makes provision for or with respect to exemptions or partial exemptions from, or refunds of, registration charges.
If the registration charge for a primary producer’s vehicle that, but for this section, would be payable under this Part (the
The effect of the following may be ignored for the purpose of calculating the motor vehicle tax referred to in subsection (1):
(a) any exemption granted under section 17 of the Motor Vehicles Taxation Act 1988,
(b) clause 3 (d) of Schedule 1 to that Act (to the extent to which it excludes motor lorries from the operation of that clause),
(c) clause 5 of Schedule 1 to that Act.
In this section:
The amount of the registration charge for a chargeable heavy vehicle to be registered for a period of less than one year is the amount calculated by multiplying the relevant annual registration charge for the vehicle by the number of days for which registration or renewal of registration is to have effect and dividing the result by 365.
If registration or renewal of registration of a chargeable heavy vehicle is to have effect for a period of less than one year, the Authority may impose an additional administration fee of not more than 10 percent of the relevant registration charge for that period.
The amount of a registration charge or administration fee referred to in this section is to be rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).
In this Division:
The registration charges for a chargeable heavy vehicle must be paid:
(a) at the time of application for registration of the vehicle, and
(b) at the time of application for each renewal of registration of the vehicle.
A person in whose name an application for registration or renewal of registration is made must not fail to pay the full amount of registration charges required by subsection (1).
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
Registration charges are payable in respect of a registration or renewal of registration that occurs after the commencement of this section.
Despite the conviction of a person for an offence under this section, the person remains liable to pay the unpaid amount of the registration charges.
This section applies to the following kinds of chargeable heavy vehicle (other than a vehicle exempted from registration):
(a) a vehicle that is not registered,
(b) a registered vehicle that is liable to registration charges (including any charges or additional charges payable under section 17J) but for which such charges, though due and payable, have not been paid.
The owner of a vehicle to which this section applies must not:
(a) use or drive the vehicle on a road or road related area, or
(b) cause or permit it to be driven on a road or road related area.
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
In addition to imposing a penalty for an offence under this section, the court concerned may order the owner to pay to the Authority within a time specified by the order:
(a) if the vehicle is not registered—the registration charges that would be due on the application for the registration or renewal of registration of the vehicle for a period of 1 year or for such greater or lesser period as the court in all the circumstances thinks just, or
(b) if the vehicle is registered—the registration charges so due and payable.
The Authority must determine, in accordance with this Part and the regulations, whether any registration charges or administration fees are payable under this Part in respect of a vehicle and, if there are, the amount of the charges or fees.
For the purpose of determining whether any registration charges under this Part are payable in respect of a vehicle and, if so, the amount of the charges, the Authority or an appropriate officer may:
(a) require the owner or person in charge of the vehicle to produce the vehicle within a specified period and at a specified place and provide all reasonable facilities to enable an appropriate officer to examine it, or
(b) require the owner or person in charge of the vehicle or person liable to pay registration charges to provide such information in writing by statutory declaration or otherwise as the Authority or the appropriate officer considers appropriate.
An owner or other person must not fail to comply with a requirement under subsection (1).
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
An owner or other person must not provide information knowing it to be false or misleading in respect of any matter necessary or convenient to enable the appropriate registration charges under this Part to be determined.
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
An owner or other person must comply with a requirement under subsection (1) at the owner’s or other person’s own cost if required to do so by the Authority.
The Authority may, at any time, alter, vary or rescind any determination as to registration charges or administration fees, or may refund the whole or any portion of any charges or fees paid, for the purpose of ensuring that this Part is complied with.
The Authority may require a person in whose name a chargeable heavy vehicle is registered to pay registration charges or administration fees or additional charges or fees, within a specified time, if the charges or fees are payable as a result of action taken under subsection (1).
A person must not fail to comply with a requirement under subsection (2).
Maximum penalty: 20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
In addition to imposing a penalty for any such offence, the court concerned may order the person to pay to the Authority within a specified period the amount of the registration charges or administration fees or additional charges or fees.
A person is not liable to pay registration charges or administration fees or additional charges or fees as a result of action taken under subsection (1) if the Authority’s determination was made more than 3 years before the date of the action and the person satisfies the Authority that there was no intention to avoid paying charges or fees.
A person in whose name a chargeable heavy vehicle is registered must notify the Authority of any change during the currency of the registration in the construction, equipment, configuration, use or ownership of the vehicle of such a nature that registration charges or additional registration charges would be payable if the registration was renewed when the change occurred.
Maximum penalty: 100 penalty units.
The person or, if the change is in ownership, the new owner must pay to the Authority the appropriate amount of registration charges or additional registration charges forthwith or within the period specified by the Authority.
Any registration charges or administrative fees payable under the repealed charges legislation that are paid on or after the repeal day are to be paid into the Consolidated Fund. However, section 17S of this Act extends to any such charges or fees as if they were charges or fees paid under Part 2A of this Act.
Section 37 of the repealed Act, as in force immediately before the repeal day, continues to apply on and from the repeal day in respect of charges or fees paid under that Act before the repeal day.
Nothing in this Part affects any right to a refund arising under the repealed charges legislation (whether before or after the repeal day).
Sections 13 (2), 19 (2) and 20 (3) of the repealed Act continue to apply on and from the repeal day in relation to offences committed before the repeal day.
Any person who was an authorised officer for the purposes of the repealed Act immediately before the repeal day is taken on and from that day to be authorised to be an appropriate officer for the purposes of Part 2A of this Act until such time as the person ceases to be so authorised under Part 2A of this Act.
In any other Act or in any instrument made under another Act (and except as provided by subclauses (2) and (3)):
(a) subject to paragraph (b), a reference to the repealed Act is to be read on and from the repeal day as a reference to Part 2A of this Act, and
(b) a reference to a provision of the repealed Act is to be read on and from the repeal day as a reference to the corresponding provision (if any) of this Act or the regulations.
Subclause (1) does not apply to the following:
(a) references to the repealed Act in the Motor Vehicles Taxation Act 1988,
(b) such other references to the repealed Act in an Act, or an instrument made under an Act, as may be prescribed by the regulations.
A reference to this Act (or to Part 2A of this Act) in any of the following provisions is to be read on and from the repeal day as including a reference to the repealed Act:
(a) section 5 (1) (e), and the definition of
road transport legislation in section 187 (7), of the Road Transport (General) Act 2005,(b) sections 78 (1) (b) (i) and 106 (2) of the Transport Administration Act 1988,
(c) sections 7 (1) (c), 8 (1) (g) and 27 (5) (b) of this Act,
(d) clauses 14 (3) and 41 (1) (c) of the Road Transport (Vehicle Registration) Regulation 2007,
(e) such other provisions of Acts, or instruments made under Acts, as may be prescribed by the regulations.
Subject to this Part and the regulations, anything done under or for the purposes of a provision of the repealed charges legislation is, to the extent that the thing is in force or has effect immediately before the repeal day, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of this Act or the regulations.
Without limiting subclause (1), any exemption, approval, direction, request or certificate given or made under the repealed charges legislation that is continued in force or effect by subclause (1) may be repealed, revoked or replaced in accordance with this Act and the regulations.
In this Part:
Section 22C, as inserted by the amending Act, applies in relation to unauthorised vehicle use offences (within the meaning of that section) committed, or alleged to have been committed, after the commencement of that section.
The Register of Registrable Vehicles maintained by the Authority under this Act immediately before the commencement of Schedule 1 [5] to the amending Act continues to be the Register of Registrable Vehicles for the purposes of this Act (as amended by the amending Act).
In this Part:
The register kept under section 255 of the Road Transport (General) Act 2005 immediately before the commencement day is taken to be the register required to be kept under section 16B of this Act.
As soon as practicable after the commencement day, the Authority must record on the register as statutory written-off vehicles all vehicles that, immediately before that time, were recorded as having the status of being wrecked.
A vehicle that, immediately before the commencement day, is registered and is recorded on the register of written-off vehicles as a repairable written-off vehicle is, for the purposes of Part 2AA of this Act, taken to be a former written-off vehicle.
A vehicle is not required to be the subject of an authorisation to repair under section 16C (2) if the vehicle was recorded on the register of written-off vehicles as a repairable written-off vehicle on the commencement day and the vehicle is registered within 2 years after that day. Any such vehicle may, during that 2-year period, be recorded on the register of written-off vehicles as a repairable written-off vehicle.
An application to register a vehicle that was recorded on the register of written-off vehicles as a repairable written-off vehicle on the commencement day is not required to be accompanied by a certificate of compliance under section 16C (2) in relation to the vehicle if the application is lodged with the Authority within 6 months after the commencement day.
A vehicle that is recorded on the register of written-off vehicles under Part 2AA of this Act as a former written-off vehicle may also be referred to as a repairable written-off vehicle.
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