Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 (Qld)

Queensland Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 Subordinate Legislation 2014 No. 165 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 21 (Recording change in vehicle particulars and reassessment of registration fee) . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 28 (Application for approval of motorbike as a learner approved motorbike). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 32B (Application to replace number plate with special edition number plate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 39 (Chief executive to issue registration labels) 4 8 Amendment of s 40 (Position for attaching registration label) . . . 4 9 Amendment of s 41 (Time for attaching registration label). . . . . . 6 10 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 41A Time for removing registration label . . . . . . . . . . . . . . 6 11 Amendment of s 47 (Issue of receipt and updating of records) . . 6 12 Amendment of s 54 (Cancellation of registration at registered operator’s request) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Amendment of s 57 (Cancellation for noncompliance with notice about defective or unsafe vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 Contents 14 Amendment of s 58 (Cancellation of registration of vehicle or dealer plate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Amendment of s 62 (Registration of dealer plate) . . . . . . . . . . . . 8 16 Amendment of s 63 (Attaching dealer plate) . . . . . . . . . . . . . . . . 8 17 Amendment of s 65 (Cancellation of dealer plates) . . . . . . . . . . . 8 18 Amendment of s 101 (Replacement registration items) . . . . . . . . 9 19 Amendment of s 127 (Offences involving registration certificates etc.) 9 20 Amendment of pt 13, hdg (Repeal and transitional provision) . . . 10 21 Amendment of pt 13, div 2, hdg (Transitional provision). . . . . . . . 10 22 Insertion of new pt 13, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 3 Transitional provisions for Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 131 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 132 No obligation to attach registration labels for stated vehicles 11 133 No obligation to issue registration certificate or label for stated vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 134 Cancellation notices under former ss 57 and 58 . . . . 11 135 Cancellation of dealer plates under former s 65. . . . . 12 136 Replacement registration labels for stated vehicles under former s 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13 Page 2 2014 SL No. 165

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 1] 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 . 2 Commencement This regulation, other than section 22, commences on 1 October 2014. 3 Regulation amended This regulation amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 . 4 Amendment of s 21 (Recording change in vehicle particulars and reassessment of registration fee) Section 21(1)(c)— omit, insert — (c) if the vehicle is a labelled vehicle and the details on the registration label issued for the vehicle have changed—issue a replacement registration label. 5 Amendment of s 28 (Application for approval of motorbike as a learner approved motorbike) (1) Section 28(4)(b)— omit . (2) Section 28(4)(c)— renumber as section 28(4)(b). (3) Section 28(5), ‘do the things mentioned in subsection (4)(a) and (b)’— omit, insert — 2014 SL No. 165 Page 3

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 6] record the motorbike in the register under subsection (4)(a) 6 Amendment of s 32B (Application to replace number plate with special edition number plate) Section 32B(3)(b)— omit, insert — (b) issue an updated registration certificate; and (c) if the vehicle is a labelled vehicle—issue an updated registration label. 7 Amendment of s 39 (Chief executive to issue registration labels) (1) Section 39, heading, after ‘labels’— insert — for labelled vehicles (2) Section 39(1), after ‘When a’— insert — labelled (3) Section 39(2), from ‘form and’— omit, insert— form. 8 Amendment of s 40 (Position for attaching registration label) (1) Section 40(1), after ‘operator of a’— insert — labelled (2) Section 40(1)(a), example— omit . Page 4 2014 SL No. 165

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 8] (3) Section 40(1)(a), note, ‘section127 (Offences involving registration certificates etc.).’— omit, insert — section 127. (4) Section 40(1)(b), ‘to (6)’— omit, insert — to (4) (5) Section 40(2) and (3)— omit . (6) Section 40(4), ‘vehicle is a trailer that is a category 2 vehicle’— omit, insert — labelled vehicle is a trailer (7) Section 40(5), ‘vehicle is other than a vehicle mentioned in subsections (2) to (4)’— omit, insert — labelled vehicle is not a trailer (8) Section 40(6), ‘vehicle is other than a vehicle mentioned in subsections (2) to (4)’— omit, insert — labelled vehicle is not a trailer (9) Section 40(6), ‘(5)(a)’— omit, insert — (3)(a) (10) Section 40(7)— omit . (11) Section 40(4) to (6)— renumber as section 40(2) to (4). 2014 SL No. 165 Page 5

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 9] 9 Amendment of s 41 (Time for attaching registration label) Section 41(1), after ‘operator of a’— insert — labelled 10 Insertion of new s 41A Part 3— insert — 41A Time for removing registration label The registered operator of a labelled vehicle must take a registration label off the vehicle and destroy it immediately on the sooner of the following— (a) the day another registration label issued for the vehicle is attached to the vehicle; (b) 21 days after the expiry day of the registration to which the registration label relates. Maximum penalty—6 penalty units. 11 Amendment of s 47 (Issue of receipt and updating of records) (1) Section 47(2)(b), before ‘issue to’— insert — if the vehicle is a labelled vehicle— (2) Section 47(3)— omit. 12 Amendment of s 54 (Cancellation of registration at registered operator’s request) (1) Section 54(7)(a), ‘the registration label or a number plate’— omit, insert — Page 6 2014 SL No. 165

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 13] a number plate or, if the vehicle is a labelled vehicle, the registration label (2) Section 54(7)(b)— omit, insert — (b) otherwise— (i) the number plates for the vehicle; and (ii) if the vehicle is a labelled vehicle—the vehicle’s registration label. 13 Amendment of s 57 (Cancellation for noncompliance with notice about defective or unsafe vehicle) (1) Section 57(2), from ‘the vehicle’s’— omit, insert — each of the following to the chief executive within 14 days after the giving of the notice (the return period )— (a) the vehicle’s number plates; (b) if the vehicle is a labelled vehicle—the vehicle’s registration label. (2) Section 57(3), from ‘return’ to ‘the chief executive’— omit, insert — comply with the requirement under subsection (2) 14 Amendment of s 58 (Cancellation of registration of vehicle or dealer plate) (1) Section 58(3), from ‘the vehicle’s registration label’— omit, insert — each of the following to the chief executive within 14 days after the giving of the notice (the return period )— (a) the vehicle’s number plates; 2014 SL No. 165 Page 7

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 15] (b) if the vehicle is a labelled vehicle—the vehicle’s registration label. (2) Section 58(4), from ‘return’ to ‘the chief executive’— omit, insert — comply with the requirement under subsection (3) (3) Section 58(7), ‘and the registration label for the dealer plate’— omit. (4) Section 58(8), from ‘return’ to ‘the chief executive’— omit, insert — comply with the requirement under subsection (7) (5) Section 58(9), ‘or registration label’— omit . 15 Amendment of s 62 (Registration of dealer plate) Section 62(5)(c)(iii)— omit . 16 Amendment of s 63 (Attaching dealer plate) (1) Section 63(1), from ‘that when’ to ‘subsection (2).’— omit, insert — that, when an unregistered vehicle is used under the authority of the dealer plate on a road, the dealer plate is attached to the vehicle in the way required under subsection (2). (2) Section 63(4)— omit . 17 Amendment of s 65 (Cancellation of dealer plates) (1) Section 65(1)(b)— Page 8 2014 SL No. 165

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 18] omit, insert — (b) unless the person has given the chief executive written notice of details of the loss, theft or destruction of the dealer plate—returns the dealer plate to the chief executive. (2) Section 65(3)(b) and (6), ‘and registration label for the dealer plate’— omit. (3) Section 65(8)— omit, insert — (8) If a dealer plate required to be returned under subsection (3)(b) or (7) (the relevant provision ) has been lost, stolen or destroyed, the person required to return the dealer plate does not contravene the relevant provision if the person, in the period within which the dealer plate is required to be returned, gives the chief executive written notice of the details of the loss, theft or destruction. 18 Amendment of s 101 (Replacement registration items) Section 101(9), definition registration item , paragraph (a)— omit, insert — (a) for a labelled vehicle—a current registration label; or 19 Amendment of s 127 (Offences involving registration certificates etc.) Section 127(2)(h), ‘40(7)’— omit, insert— 41A 2014 SL No. 165 Page 9

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 20] 20 Amendment of pt 13, hdg (Repeal and transitional provision) Part 13, heading, ‘provision’— omit, insert— provisions 21 Amendment of pt 13, div 2, hdg (Transitional provision) Part 13, division 2, heading, after ‘provision’— insert— for repeal 22 Insertion of new pt 13, div 3 After section 130— insert — Division 3 Transitional provisions for Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 131 Definitions for div 3 In this division— former , for a provision, means the provision as in force from time to time before it was amended by the Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 . stated vehicle means a category 1 vehicle, conditionally registered vehicle or special purpose vehicle. Page 10 2014 SL No. 165

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 22] 132 No obligation to attach registration labels for stated vehicles (1) This section applies to the registered operator of a stated vehicle if the registered operator receives a registration label for the vehicle after 8 September 2014. (2) Despite former section 41, the registered operator is not required to attach the registration label to the vehicle. 133 No obligation to issue registration certificate or label for stated vehicles (1) This section applies if the renewal of the registration of a stated vehicle becomes effective on or after 1 October 2014 and either— (a) the chief executive renewed the registration before 1 October 2014; or (b) the registration in effect before the renewal expired before 1 October 2014. (2) Despite former section 47(2), the chief executive is not required to issue the following to the registered operator of the vehicle— (a) a registration label; (b) if subsection (1)(a) applies—an updated registration certificate. 134 Cancellation notices under former ss 57 and 58 (1) Subsection (2) applies in relation to either of the following notices given by the chief executive for a stated vehicle after 15 September 2014— (a) a notice mentioned in section 57(2); (b) a notice mentioned in section 58(3). (2) Despite former sections 57 and 58— 2014 SL No. 165 Page 11

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 22] (a) the chief executive is not required to include in the notice a requirement that the registration label for the vehicle must be returned to the chief executive; and (b) the person to whom the notice is directed is not required to return the registration label for the vehicle to the chief executive. (3) Subsection (4) applies in relation to a notice mentioned in section 58(7) for a dealer plate given by the chief executive after 15 September 2014. (4) Despite former section 58— (a) the chief executive is not required to include in the notice a requirement that the registration label for the dealer plate must be returned to the chief executive; and (b) the person to whom the notice is directed is not required to return the registration label for the dealer plate to the chief executive. 135 Cancellation of dealer plates under former s 65 (1) This section applies in relation to a dealer plate if a relevant event mentioned in section 65(2) happens after 15 September 2014 in relation to a person in whose name the dealer plate is registered. (2) Despite former section 65(3), the person is not required to return the registration label for the dealer plate to the chief executive. Page 12 136 Replacement registration labels for stated vehicles under former s 101 (1) This section applies if a current registration label for a stated vehicle is damaged, destroyed, lost or stolen after 15 September 2014 and before 1 October 2014. 2014 SL No. 165

Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2014 [s 23] (2) Former section 101, other than subsection (4)(a), does not apply in relation to the registration label. (3) Without limiting subsection (2)— (a) the registered operator of the stated vehicle is not required to apply under former section 101(2) for a replacement of the registration label; and (b) the chief executive is not required to issue a replacement registration label. 23 Amendment of sch 8 (Dictionary) (1) Schedule 8— insert — labelled vehicle means a category 2 vehicle, other than a conditionally registered or special purpose category 2 vehicle. (2) Schedule 8, definition registration label , ‘and including the matters about the vehicle listed in section 39(2)’— omit. ENDNOTES 1 Made by the Governor in Council on 31 July 2014. 2 Notified on the Queensland legislation website on 1 August 2014. 3 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 165 Page 13