Road Transport (Vehicle Registration) Amendment (Exemptions) Regulation 2002 (NSW)

2002 No 883

New South Wales

Road Transport (Vehicle Registration) Amendment (Exemptions) Regulation 2002

under the

Road Transport (Vehicle Registration) Act 1997

Her 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, M.P.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (Vehicle Registration) Regulation 1998 to make it clear that interstate or foreign vehicles that are in New South Wales will be exempt from the requirement to be registered in this State only for so long as they comply with the conditions for that exemption.

This Regulation is made under the Road Transport (Vehicle Registration) Act 1997, including section 14 (the general regulation-making power) and sections 16 and 18 (2).

Published in Gazette No 237 of 29 November 2002, page 10118 Page 1

2002 No 883	Road Transport (Vehicle Registration) Amendment (Exemptions)
Clause 1	Regulation 2002

Road Transport (Vehicle Registration) Amendment

(Exemptions) Regulation 2002

under the

Road Transport (Vehicle Registration) Act 1997

1      Name of Regulation

This Regulation is the Road Transport (Vehicle Registration)

Amendment (Exemptions) Regulation 2002.

2 Commencement

This Regulation commences on 1 December 2002.

3 Amendment of Road Transport (Vehicle Registration) Regulation 1998

The Road Transport (Vehicle Registration) Regulation 1998 is amended as set out in Schedule 1.

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2002 No 883	Road Transport (Vehicle Registration) Amendment (Exemptions) Regulation 2002
Schedule 1	Amendments

Schedule 1 Amendments

(Clause 3)

[1]      Schedule 1 Application of Act and Regulation

Omit clause 3. Insert instead:

3      Application of section 18 of Act to Part 2 vehicles

(1)	The use of a vehicle to which the registration provisions do not apply by reason of any provision of Part 2 is permitted under this Regulation for the purposes of section 18 (2) (b) of the Act, but only while those provisions do not apply to the vehicle.
(2)	Without limiting subclause (1), the use of a vehicle ceases to be permitted under this Regulation for the purposes of section 18 (2) (b) of the Act if at any time the registration provisions become applicable to the vehicle because the vehicle does not comply with an applicable condition or requirement of Part 2.

Note. Section 18 (1) of the Act makes it an offence for a person to use an unregistered registrable vehicle on a road or on a road related area. A vehicle is unregistered if it is not registered under the Act (see the definition of registered in section 4 of the Act). However, section 18 (2) (b) provides that section 18 (1) does not apply to the use of a registrable vehicle on a road or road related area if the use is otherwise permitted by the Act or under the regulations.

[2]      Schedule 1

Insert after clause 9 (2):

(2A)	The registration provisions will apply to a registrable vehicle referred to in subclause (1) if at any time the vehicle does not comply with, or ceases to comply with, one or more of the requirements of subclause (2).
Note. For example, the registration provisions will apply to a registrable vehicle referred to in subclause (1) if the vehicle ceases to carry conspicuously displayed in the required manner and condition all number-plates and labels that it is at that time required to carry in the jurisdiction where the vehicle is registered.

BY AUTHORITY

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