Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 366 Transport Operations (Road Use Management) Act 1995 TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) AMENDMENT REGULATION (No. 2) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 15 (Registered vehicles register) . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 37 (Renewal of registration) . . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new ss 37A and 37B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 37A When surcharge is payable for renewal . . . . . . . . . . . . . . . . . . . . . . . 2 37B Registration term if overpayment or underpayment of registration- related amount and any surcharge . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of sch 3 (Other fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s6 Transport Operations (Road Use No. 366, 2002 Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 . 2 Commencement This regulation commences on 1 February 2003. 3 Regulation amended This regulation amends the TransportOperations(RoadUseManagement—Vehicle Registration) Regulation 1999. 4 Amendment of s 15 (Registered vehicles register) Section 15(7)(b), example— omit, insert — ‘ Examples of information the chief executive could decide to record under subsection (7)(b)— 1. Odometer readings to help in consumer protection. 2. Pension details for managing concessional registration schemes.’. 5 Amendment of s 37 (Renewal of registration) Section 37(3), after ‘section 19’— insert— ‘or 37B’. 6 Insertion of new ss 37A and 37B After section 37— insert— ‘37A When surcharge is payable for renewal ‘ (1) This section applies if—

s6 3 s6 Transport Operations (Road Use No. 366, 2002 Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 (a) an applicant for renewal of registration for a vehicle is not required to pay a CTP insurance premium to the chief executive under section 37(1)(c) in relation to the renewal; and (b) the applicant underpays the registration-related amount for the renewal by more than $1. ‘ (2) This section also applies if— (a) an applicant for renewal of registration for a vehicle is required to pay a CTP insurance premium to the chief executive under section 37(1)(c) in relation to the renewal; and (b) the amount paid by the applicant for the purpose of the registration-related amount for the renewal is more than $1 below what the registration-related amount would be if— (i) the relevant registration fee payable under section 37(1)(a) for the renewal were for 1 year’s registration; and (ii) the CTP insurance premium payable under section 37(1)(c) in relation to the renewal were the lowest premium set by any CTP insurer for insurance covering 1 year’s registration. ‘ (3) The applicant under subsection (1) or (2) must pay the surcharge provided for in schedule 3. ‘37B Registration term if overpayment or underpayment of registration-related amount and any surcharge ‘ (1) This section applies if an applicant for renewal of registration for a vehicle— (a) does not present an insurance certificate under the MotorAccidentInsuranceAct1994 for the vehicle for the proposed term of registration to the chief executive under section 37(1)(c); and (b) overpays or underpays the total of the registration-related amount for the renewal and any surcharge payable for the renewal.

s6 4 s6 Transport Operations (Road Use No. 366, 2002 Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 ‘ (2) Despite section 19, 1 the registration may be renewed for a term that is in proportion to the amount paid after deducting— (a) any surcharge payable for the renewal; and (b) any administrative fee for late payment payable for the renewal. ‘ (3) However, the registration must not be renewed under subsection (2) if the amount paid is more than $1 below what the total of the registration-related amount for the renewal and any surcharge payable for the renewal would be if any CTP insurance premium, payable under section 37(1)(c) in relation to the renewal, for the minimum available registration term for the vehicle, were the lowest premium set by any CTP insurer. ‘ (4) Also, if the amount paid is more than the registration-related amount for the renewal that would be payable if the registration were to be renewed for 14 months— (a) the vehicle’s registration may only be renewed for 1 year; and (b) the difference between the amount paid and the registration-related amount for the 1 year renewal must be refunded. ‘ (5) If the term of registration would, other than for this subsection, not be a whole number of days— (a) the term must be rounded down to the nearest whole day; and (b) the difference between the amount paid and the total of the registration-related amount for the renewal and any surcharge payable for the renewal must be credited to the applicant. ‘ (6) If subsection (3) applies, the chief executive must refund the amount paid to the applicant. ‘ (7) The chief executive must give the applicant a written notice stating— (a) the term of registration for the vehicle; or (b) that the amount paid is being refunded because it is below the minimum required to enable renewal of registration.’. 1 Section 19 (Registration term)

s7 5 s8 Transport Operations (Road Use No. 366, 2002 Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 7 Amendment of sch 3 (Other fees) Schedule 3, part 2, items 5 and 6— omit, insert — ‘5. Surcharge for processing an application for registration for less than 1 year— (a) category 1 vehicle . . . . . . . (b) category 2 vehicle . . . . . . . 6. Surcharge for processing an application for renewal of registration for less than 1 year if payable under section 37A— (a) category 1 vehicle . . . . . . . (b) category 2 vehicle . . . . . . . 6A. Surcharge for processing a concession registration in relation to an application for registration for less than 1 year for a category 1 vehicle . . . . . . . 6B. Surcharge for processing a concession registration in relation to an application for renewal of registration for less than 1 year for a category 1 vehicle if payable under section 37A . . . . . . . . . . . . . . . . 6.50 22.80 6.50 22.80 3.25 3.25’. 8 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ “administrative fee for late payment” means an administrative fee for late payment under schedule 3. “CTP insurance premium” means the insurance premium payable under the MotorAccidentInsuranceAct1994 for an insurance certificate under that Act.

s8 6 s8 Transport Operations (Road Use No. 366, 2002 Management—Vehicle Registration) Amendment Regulation (No. 2) 2002 “lowest premium set by any CTP insurer” means the lowest CTP insurance premium set by any licensed insurer under the MotorAccidentInsuranceAct1994 , section 13A 2 for the class of CTP insurance that relates to the vehicle for which an application for renewal of registration has been made. “minimum available registration term” , for a vehicle, means— (a) if the vehicle is a category 2 vehicle—3 months; or (b) otherwise—6 months. “registration-related amount” , for a renewal of registration, means the total of— (a) the relevant registration fee payable under section 37(1)(a); and (b) any category 1 vehicle traffic improvement fee payable under section 37(1)(b); and (c) any CTP insurance premium payable under section 37(1)(c); and (d) any administrative fee for late payment payable for the renewal.’. ENDNOTES 1. Made by the Governor in Council on 19 December 2002. 2. Notified in the gazette on 20 December 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2002 2 Motor Accident Insurance Act 1994 , section 13A