Note— This Act and the regulations made under it form part of the road transport legislation identified by section 5 of the. Other road transport legislation includes the Road Transport (General) Act 2005 , the Motor Vehicles Taxation Act 1988 , the Road Transport (Driver Licensing) Act 1998 , the Road Transport (General) Act 2005 and the statutory rules made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (Safety and Traffic Management) Act 1999 concerning the administration and enforcement of the road transport legislation generally. Road Transport (General) Act 2005
(1) The regulations may make provision for or with respect to the issue by the Authority of number-plates ( special number-plates ) that have a special design, format or content approved by the Authority, and for or with respect to the use, transfer, replacement and surrender of special number-plates.
(1) Register to be maintained in accordance with regulations Subject to this section, the Register is to be maintained in accordance with the regulations. (2) Register does not provide evidence of title The Register does not provide evidence of title to any registrable vehicle. (3) Security of information in Register 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. (4) Recording of names of registered operators 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. Note— Section 4 defines a registered operator of a registrable vehicle to mean a person recorded in the Register as a person responsible for the vehicle.(5) A registrable vehicle is a transitional registrable vehicle if:
(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.
(cf Cth Act ss 16 and 24 (2) and (3)) (1) 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. (2) 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. Note— Section 42 (1) of the 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. Interpretation Act 1987 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.
(cf Cth Act s 18)
(1) 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. (2) 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.
(1) An eligible person may apply to the Authority for the issue of an authorisation to repair a vehicle. (2) 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.
(1) 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.
(1) 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. (2) 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.
(1) 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.
(1) 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. (2) 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.
(1) The Authority is not to provide access to the register of written-off vehicles except as provided by this section.
(1) 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.
(1) 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. Note— 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).
(1) 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.
(1) 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.
(1) 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.
(1) 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.
(1) The relevant registrar of the Local Court is to forward to the Authority particulars of any conviction or order made under this Part or regulations made for the purposes of this Part.
(cf Cth Act s 20, Traffic Act s 6A) (1) A person must not use an unregistered registrable vehicle on a road or on a road related area. Maximum penalty: 20 penalty units.
(1) In this section: interstate number-plate means a number-plate issued under any law in force in a State or Territory other than New South Wales.licensed motor dealer means the holder of a dealer’s licence within the meaning of the. Motor Dealers Act 1974
(1) In this section and in section 22B: interstate registered vehicle means a registrable vehicle that is not registered under this Act but is registered under any law in force in a State or Territory other than New South Wales.
(1) This section applies to proceedings for any of the following offences (an unauthorised vehicle use offence ):
(a) an offence against section 18 (Prohibition on using unregistered registrable vehicles), (b) an offence against section 8 (Offence of using uninsured motor vehicle on road) of the , Motor Accidents Compensation Act 1999 (c) an offence against the regulations involving a prohibited use of a registrable vehicle that is prescribed by the regulations for the purposes of this section.
(cf Cth Act s 28) (1) A police officer, or the Authority, may inspect a registrable vehicle (whether or not on a road or road related area) for the purpose of deciding its identity, condition or the status of any registration or permit relating to the vehicle. (1A) A registered operator or owner of, or any person in charge of or having the custody of or selling or having in possession for sale or otherwise of the registrable vehicle must afford the police officer or the Authority all reasonable facilities for making such an inspection. Maximum penalty: 20 penalty units.
(cf Traffic Act s 24) (1) A police officer may seize any unregistered registrable vehicle (other than a registrable vehicle exempted from registration under this Act) that is being used on a road or road related area. (2) If any such registrable vehicle has been seized, the Local Court may, on the application of a police officer, make an order declaring the vehicle to be forfeited to the Crown.
(1) A person must not:
(a) use a heavy motor vehicle that is dangerously defective on a road or road related area, or (b) cause or permit a heavy motor vehicle that is dangerously defective to be used on a road or road related area. Maximum penalty: 20 penalty units. (2) Subsection (1) does not apply to or in respect of:
(a) the use of a dangerously defective heavy motor vehicle if the motor vehicle is at, or in the vicinity of, the scene of an accident and its condition is the result of damage caused by the accident, or (b) the use by a person of a dangerously defective heavy motor vehicle if the person is aware of the condition of the motor vehicle and has taken, or is taking, all such action as is reasonable in the circumstances to have the motor vehicle repaired or removed from a road or road related area, or (c) the use by a person of a dangerously defective heavy motor vehicle that is being inspected or tested under subsection (3), or (d) the use of a dangerously defective heavy motor vehicle in any other circumstances prescribed by the regulations. (3) For the purpose of ascertaining whether a heavy motor vehicle that is being used on a road or road related area is dangerously defective, any police officer or the Authority may cause the motor vehicle to be inspected and tested.
(Section 34)