Road Transport (Vehicle Registration) Act 1997 - Road Transport (Vehicle Registration) Amendment (Fees) Regulation 1999 (1999-239) [GG No 63 of 28.5.1999, p 3657] (NSW)

New South Wales

under the

Road Transport (Vehicle Registration) Act 1997

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Vehicle Registration) Act 1997.

CARL SCULLY
Minister for Roads

Under the Road Transport (Vehicle Registration) Regulation 1998 applicable gazetted fees are payable for a service provided by the Roads and Traffic Authority for or in connection with a number-plate (or class of service or number-plate).

The objects of this Regulation are to enable the Authority:

(a)	to exempt an applicant for registration of a registrable vehicle from the requirement to pay an applicable gazetted fee if, in its opinion, the vehicle is a replacement for a vehicle destroyed or rendered beyond repair because of damage caused by an occurrence giving rise to an emergency and it considers the circumstances make it inappropriate to require such payment, and
(b)	to refund the whole or part of a fee paid in those circumstances if the Authority considers it appropriate to do so.

This Regulation is made under the Road Transport (Vehicle Registration) Act 1997, including section 14 (the general regulation-making power), in particular section 14 (3) and section 3 (1) of the Traffic Act 1909 (as in force immediately before its amendment by that Act).

Published in Gazette No 63 of 28 May 1999, page 3657 Page 1

Clause 1 Road Transport (Vehicle Registration) Amendment (Fees) Regulation l999

This Regulation is the Road Transport (Vehicle Registration)

Amendment (Fees) Regulation 1999.

The Road Transport (Vehicle Registration) Regulation 1998 is

amended as set out in Schedule 1.

The explanatory note does not form part of this Regulation.

Road Transport (Vehicle Registration) Amendment (Fees) Regulation 1999

Amendments	Schedule 1
(Clause 2)
Insert after clause 11 (3):

(4)

An applicant is not required to pay any applicable
gazetted fee if the Authority is of the opinion that:

(a)	the applicant was the registered operator of a registrable vehicle that was destroyed or rendered beyond repair as a consequence of damage caused to the vehicle by an occurrence that gave rise to an emergency, and
(b)	the vehicle to which the application relates is a replacement for the damaged vehicle, and
(c)	in the circumstances of the case it would be inappropriate to require payment of the fee.

(5)

In this clause:

emergency has the same meaning as it has in the State
Emergency and Rescue Management Act 1989.

Note. “emergency” is defined in the State Emergency and

Rescue Management Act 1989 to mean an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action) which:

(a)	endangers, or threatens to endanger, the safety or health of persons in the State, or
(b)	destroys or damages, or threatens to destroy or damage, property in the State,

being an emergency which requires a significant and co-ordinated
response.

[2]        Clause 80 Refunds of fees

Insert after clause 80 (2):

(2A) The Authority may refund (in whole or in part) any applicable gazetted fee paid (whether before or after the commencement of this subclause) by an applicant under clause 11 if the Authority is of the opinion that:

Road Transport (Vehicle Registration) Amendment (Fees) Regulation 1999

Schedule 1 Amendments

(a)	the applicant was the registered operator of a registrable vehicle that was destroyed or rendered beyond repair as a consequence of damage caused to the vehicle by an occurrence that gave rise to an emergency, and
(b)	the vehicle to which the application related was a replacement for the damaged vehicle, and
(c)	in the circumstances of the case it would be appropriate to refund the fee.

Insert after clause 80 (4):

(5) In this clause:
emergency has the same meaning as it has in clause 11.