2010
2010
2011-02-01
act
government
publicspecial
act.reprint
allinforce
2010-09-24
2010-09-24
1
2011-02-01
act-1987-015
2010
none
act-2010-086
81938577-2f19-42e6-9cc3-b9c286c665d5
8fbbaa05-2520-40e6-bd54-ded489fa7080
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 1.2.2011.
An Act to amend the Road
Transport (Vehicle Registration) Act 1997 and other
legislation with respect to the notification, registration and management of
written-off vehicles; to repeal the Road Transport
(General) Amendment (Written-off Vehicles) Act 2007; and
for other purposes.
1Name of
Act
This Act is the Road Transport
(Vehicle Registration) Amendment (Written-off Vehicles) Act
2010.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Repeal of Road
Transport (General) Amendment (Written-off Vehicles) Act 2007 No
52
The Road Transport
(General) Amendment (Written-off Vehicles) Act 2007 is
repealed.
Schedule 1Amendment of Road Transport (Vehicle Registration) Act 1997 No
119
[1]Section 4
Definitions
Omit the definition of registered. Insert instead:
registered, in relation to a
registrable vehicle, means registered on the Register of Registrable Vehicles
under this Act.
[2]Part 2AA
Insert after section 16:
Part 2AAWritten-off
vehicles
Division 1Preliminary
16ADefinitions
In this Part:
authorisation to repair means an
authorisation to repair a written-off vehicle issued by the Authority under
this Part.
authorised officer has the same
meaning as it has in the Road Transport (General) Act
2005.
auto-dismantler has the same meaning
as it has in the Motor Dealers Act
1974 and includes any other person declared to be an
auto-dismantler by the regulations under this Act.
certificate of compliance means a
certificate of compliance issued by a licensed repairer under this
Part.
commencement day means the day on
which this Part commences.
dealer has the same meaning as it
has in the Motor Dealers Act
1974 and includes any other person declared to be a dealer
by the regulations under this Act.
former
written-off vehicle has the meaning given by section 16B
(1).
insurer means a person who carries
on the business of insuring vehicles and includes any other person declared to
be an insurer by the regulations.
licensed
repairer means a person who holds a licence under the
Motor Vehicle Repairs Act
1980.
non-repairable damage means damage
of a class, or damage caused in circumstances, prescribed by the
regulations.
notifiable vehicle—see section
16G.
register
of written-off vehicles means the register of written-off
vehicles kept by the Authority under this Part.
self-insurer means any person who,
in the course of a business, is the registered operator for 5 or more
notifiable vehicles (or any other number of notifiable vehicles that may be
prescribed by the regulations) in respect of each of which there is no
insurance policy with an insurer covering loss or damage.
statutory
written-off vehicle has the meaning given by section 16B
(1).
total
loss—see section 16H.
vehicle
identifier, in relation to a vehicle, means:
(a)
in the case of a vehicle manufactured before 1
January 1989—the number quoted on the compliance plate that uniquely
identifies the vehicle and sets it apart from similar vehicles and that
corresponds to the identification number of the vehicle that is permanently
recorded elsewhere on the vehicle, or
(b)
in any other case—the unique vehicle
identification number (or “VIN”) allocated to the vehicle in
accordance with the International Standards Organisation’s vehicle
identification system required under an Australian Design Rule adopted by the
regulations.
Division 2Restrictions on registration
of certain written-off vehicles
16BRegister of written-off
vehicles
(1)
The Authority is to keep a register of
written-off vehicles that records information about vehicles that the
Authority has reason to believe:
(a)
are written-off vehicles (statutory
written-off vehicles), or
(b)
were previously written-off vehicles but which
have since been repaired and then registered (former
written-off vehicles).
(2)
The register is to contain such information and
be in such form as the Authority thinks appropriate.
(3)
In this section written-off vehicle includes any
vehicle:
(a)
that has been assessed to be a total loss by a
person in accordance with Division 3, or
(b)
that has been disposed of to an auto-dismantler
by a self-insurer, or
(c)
that has been demolished or dismantled by an
auto-dismantler, or
(d)
that is in the control of an auto-dismantler and
is intended to be demolished or dismantled, or
(e)
that was recorded on the register of written-off
vehicles on the commencement day, or
(f)
that is prescribed by the
regulations.
16CRegistration of written-off
vehicles
(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.
(3)
The Authority must not cancel the registration of
a vehicle unless it has first given the registered operator of the vehicle at
least 14 days’ notice of the proposed
cancellation.
(4)
The Authority must not register, renew or
transfer the registration of a vehicle if to do so would breach a condition
imposed by the Authority on an authorisation to repair.
(5)
In this section:
interstate written-off vehicle means
a vehicle recorded on a register of written-off vehicles (however described)
of another Australian jurisdiction as:
(a)
a statutory written-off vehicle or similar (being
a vehicle that is not permitted to be registered in that jurisdiction by the
vehicle registration authority of that jurisdiction), or
(b)
a repairable written-off vehicle or similar
(being a vehicle that may in certain circumstances be registered in that
jurisdiction), but only if that vehicle has not been registered in this or
another jurisdiction since being so recorded.
16DAuthority must refuse certain
applications for authorisations
(1)
The Authority must refuse an application for the
issue of an authorisation to repair a written-off vehicle if the Authority
reasonably believes any one or more of the following:
(a)
that the vehicle has suffered non-repairable
damage,
(b)
that the vehicle is prescribed by the regulations
as a non-eligible vehicle,
(c)
that the applicant is prescribed by the
regulations as a non-eligible person.
(2)
This section does not limit the circumstances in
which the Authority may refuse the issue of an authorisation to
repair.
16EApplications for
authorisations
(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.
(3)
The Authority may require an applicant to submit
such other information as the Authority thinks fit.
(4)
In determining an application, the Authority must
take into consideration any factors prescribed by the
regulations.
(5)
The Authority may refuse the application or may
issue an authorisation to repair the vehicle unconditionally or subject to any
of the following conditions:
(a)
a condition that the vehicle cannot be registered
in the name of a person other than the applicant for a specified period or for
an indefinite period,
(b)
any condition of a class prescribed by the
regulations.
(6)
If the vehicle is of a class of vehicles exempt
by the regulations from the obligation to be the subject of a certificate of
compliance, the authorisation to repair must state that
fact.
Division 3Assessment of damaged
vehicles
16FDefinitions
In this Division:
assessor means an insurer,
self-insurer, auto-dismantler, dealer or other person prescribed by the
regulations.
vehicle
damage assessment means an assessment made by or on behalf
of, and in the course of business of, an assessor as to whether or not a
notifiable vehicle (anywhere in Australia) is a total
loss.
16GNotifiable
vehicles
(1)
For the purposes of this Part, a vehicle is a
notifiable vehicle if the
vehicle:
(a)
complies (or complied at the time of manufacture)
with the requirements of all Australian Design Rules adopted by the
regulations applying to it, and
(b)
is not more than 15 years old (age being
determined from the date of manufacture) or, if the regulations prescribe a
different age, not more than the age so prescribed, and
(c)
is located anywhere in Australia but is linked to
the State because:
(i)
it is registered in the State,
or
(ii)
it was last registered in the State,
or
(iii)
it has never been registered in Australia, but
one or more of the incidents that caused the vehicle to be assessed as a total
loss occurred in the State, and
(d)
is not:
(i)
a motor vehicle that has a GVM greater than 4.5
tonnes, or
(ii)
a trailer that has a GVM greater than 4.5
tonnes.
(2)
For the purposes of this Part, a vehicle is also
a notifiable vehicle if it is a
vehicle prescribed by the regulations.
16HVehicles that are a total
loss
(1)
For the purposes of this Part, a vehicle is a
total
loss if it has been damaged, dismantled or demolished to the
extent that its salvage value as a written off vehicle plus the cost of
repairing the vehicle for use on a road would be more than:
(a)
the market value of the vehicle immediately
before the damage, dismantling or demolition, or
(b)
if the vehicle is insured for a specified amount
(known as the sum insured), that specified amount.
(2)
The regulations may:
(a)
prescribe other cases as cases in which a vehicle
is a total loss for the purposes of this Part, and
(b)
prescribe exceptions to this
section.
(3)
In this section:
market
value of a vehicle means the price that the vehicle would
bring at open market, as determined (having regard to local market prices and
the age and condition of the vehicle) by the person who assesses whether or
not the vehicle is a total loss.
salvage
value of a vehicle means the value of the vehicle if sold
for scrap or parts, or in a damaged state, as determined by the person who
assesses whether or not the vehicle is a total loss.
16IAssessments as to whether a
vehicle is a total loss
(1)
An assessor must ensure that any vehicle damage
assessment made by or on behalf of the assessor is made by a person
who:
(a)
has the training, qualification or experience
prescribed by the regulations for the purposes of this section,
or
(b)
acts on the advice of a person who has such
training, qualifications or experience.
Maximum penalty: 20 penalty
units.
(2)
The Authority may, by notice in writing, exempt a
person from subsection (1), before the relevant assessment is carried out.
Such an exemption has effect only for the time specified in the exemption and
if any conditions to which it is subject are complied
with.
(3)
This section does not have effect until 6 months
after the commencement day.
16JFactors relevant to
assessments
An assessor must ensure that any vehicle damage
assessment made by or on behalf of the assessor:
(a)
includes an assessment of whether the vehicle has
suffered non-repairable damage, and
(b)
bases any calculation of the cost of repair of
the vehicle (for the purposes of assessing whether the vehicle is a total
loss) on the standard of repairs, and the repair methods, prescribed by the
regulations in relation to vehicles of that type.
Maximum penalty:
(a)
in the case of a corporation, 250 penalty units
for a first offence or 500 penalty units for a second or subsequent offence,
or
(b)
in any other case, 50 penalty units for a first
offence or 100 penalty units for a second or subsequent
offence.
16KProvision of results of
assessments
(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.
(2)
An assessor must, if directed in writing to do so
by an authorised officer, provide the Authority with a written record of any
vehicle damage assessment made by or on behalf of the assessor setting
out:
(a)
a statement as to whether or not the vehicle has
suffered non-repairable damage, and
(b)
any other information specified in the
direction.
Maximum penalty: 20 penalty
units.
(3)
More than one direction may be issued under
subsection (2).
Note—
Section 307C of the Crimes
Act 1900 makes it an offence for a person to produce a
record under this section if the person does so knowing that the record is
false or misleading.
16LInformation about written-off
and demolished vehicles
(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.
(3)
An auto-dismantler must ensure that the Authority
is provided with the information required by the regulations concerning each
notifiable vehicle that the auto-dismantler intends to demolish or dismantle
(anywhere in Australia) in the course of the business carried on by the
auto-dismantler:
(a)
within 7 days after the auto-dismantler forms the
intention to demolish or dismantle the vehicle, or
(b)
within any other time prescribed by the
regulations.
(4)
Despite subsection (3), the information must be
provided before the part of the vehicle to which the vehicle identifier is
attached is sold or otherwise disposed of.
(5)
A person (other than an insurer) is not guilty of
an offence against this section in respect of a failure to provide information
concerning a notifiable vehicle if the person satisfies the court that the
person believed, on reasonable grounds, that the required information
concerning the vehicle had already been provided to the Authority by another
person under this section.
Maximum penalty: 20 penalty
units.
16MMaintenance of
records
(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.
(2)
An authorised officer may, for the purposes of
determining whether this Part has been complied with, direct in writing any
person to produce any records required to be maintained under this
Division.
(3)
A person must comply with such a direction within
the time specified in the direction.
Maximum penalty: 20 penalty
units.
16NFalse
assessments
A person must not induce, attempt to influence,
or coerce the making of a false vehicle damage assessment or a vehicle damage
assessment that does not comply with this Part.
Maximum penalty:
(a)
in the case of a corporation, 250 penalty units
for a first offence or 500 penalty units for a second or subsequent offence,
or
(b)
in any other case, 50 penalty units for a first
offence or 100 penalty units for a second or subsequent
offence.
16ORemoval of vehicle
identifiers
An assessor must ensure that reasonable steps are
taken to remove, deface, obliterate or destroy the vehicle identifier on any
part of a vehicle that has been assessed as being a total loss by or on behalf
of the assessor, if required to do so:
(a)
by the regulations, or
(b)
by notice in writing served on the assessor by
the Authority.
Maximum penalty: 20 penalty
units.
16PDuty to attach written-off
warning label to written-off vehicles
(1)
An assessor must ensure that a written-off
warning label is attached, in accordance with the regulations, at all times to
any vehicle in the person’s possession or control that has been assessed
as being a total loss:
(a)
to the part of the vehicle to which the vehicle
identifier is attached (in the case of a dismantled vehicle),
or
(b)
to the vehicle (in any other
case).
(2)
The label must be attached within the period in
which the information must be provided to the Authority about the vehicle
under section 16L.
Maximum penalty: 20 penalty
units.
Division 4General
16QCertificates of
compliance
(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.
(3)
A person must not attempt to obtain a certificate
of compliance by a false or misleading statement or any misrepresentation or
other dishonest means.
Maximum penalty: 20 penalty
units.
(4)
The Authority may do any of the following in
respect of a vehicle that is the subject of a certificate of compliance
referred to in subsection (2) or (3):
(a)
amend the register of written-off vehicles
accordingly,
(b)
suspend the registration of the
vehicle,
(c)
refuse to transfer the registration of the
vehicle,
(d)
cancel the registration of the
vehicle.
(5)
The Authority must not cancel the registration of
a vehicle unless it has first given the registered operator of the vehicle at
least 14 days’ notice of the proposed
cancellation.
(6)
A person who is not a licensed repairer must not
purport to issue a certificate of compliance or advertise that the person is
willing to issue a certificate of compliance.
Maximum penalty: 1,000 penalty
units.
16RAccess to register of
written-off vehicles
(1)
The Authority is not to provide access to the
register of written-off vehicles except as provided by this
section.
(2)
The Authority may allow the following to have
access to the register:
(a)
a government department, a public authority, a
local authority or the NSW Police Force,
(b)
a government department, a public authority, a
local authority or the police force of another State, a Territory or the
Commonwealth,
(c)
Austroads, but only for the purpose of its
national database of written-off vehicles and information about
them,
(d)
an insurer, self-insurer, auto-dismantler or
dealer,
(e)
any other person or body, or class of persons or
bodies, prescribed by the regulations.
(3)
The Authority may provide a person or body with
information contained in the register.
(4)
The Authority may:
(a)
impose any conditions that the Authority
considers appropriate on the provision of access, or the provision of
information, under this section, or
(b)
limit the level of detail to which access is
provided under this section as the Authority considers
appropriate.
16SInterference with register of
written-off vehicles
A person must not, except as authorised by the
Authority:
(a)
obtain access to the register of written-off
vehicles or information contained in the register, or
(b)
make, alter or delete an entry in the register,
or
(c)
interfere with the register in any other
way.
Maximum penalty: 250 penalty
units.
16TUnauthorised disclosure of
information
A person must not disclose any information
obtained in connection with the administration or execution of this Part,
except:
(a)
in connection with the administration or
execution of this Act or the regulations, or
(b)
for the purposes of Austroads administering a
national database of written-off vehicles and information about them and
allowing driver licensing and vehicle registration authorities in the other
States and Territories to have access to the information in the national
database, or
(c)
for the purposes of any legal proceedings arising
out of this Act or the regulations or of any report of such proceedings,
or
(d)
to the Motor Vehicle Repair Industry Authority
constituted under the Motor Vehicle Repairs Act
1980 for the purposes of any disciplinary or legal
proceedings arising out of that Act or the regulations under that Act,
or
(e)
in the circumstances prescribed by the
regulations.
Maximum penalty: 20 penalty
units.
16UCertificate
evidence
(1)
A statement in a certificate purporting to have
been issued by an Australian Authority or Australian authorised officer that,
at a specified time or during a specified period, a specified vehicle was or
was not on the register of written-off vehicles or a register of written-off
vehicles (however described) kept under a law of another Australian
jurisdiction is admissible as evidence in any legal proceedings and is, until
admissible evidence is given to the contrary, evidence of the matter
certified.
(2)
In this section, Australian Authority and Australian authorised officer have
the same meaning as in the Road Transport
(General) Act 2005.
16VRegulations
(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.
(2)
The regulations may require any person to provide
the Authority with the information prescribed by the regulations concerning
any notifiable vehicle that is assessed as being a total loss while in the
care, custody or control of the person (anywhere in
Australia).
(3)
The regulations may exempt, with or without
conditions, any vehicle, any class of vehicles or any class of persons from
the operation of all or any of the provisions of this
Part.
(4)
The regulations may adopt a provision set out in
any specified publication.
[3]Schedule 3 Savings and
transitional provisions
Insert at the end of clause 1 (1):
Road Transport
(Vehicle Registration) Amendment (Written-off Vehicles) Act
2010
[4]Schedule 3, Part
5
Insert after clause 21:
Part 5Provisions consequent on
enactment of Road Transport (Vehicle Registration)
Amendment (Written-off Vehicles) Act
2010
22Definition
In this Part:
commencement day means the day on
which Part 2AA of this Act commences.
23Keeping of register of
written-off vehicles
(1)
The register kept under section 255 of the
Road Transport (General) Act 2005
immediately before the commencement day is taken to be the register required
to be kept under section 16B of this Act.
(2)
As soon as practicable after the commencement
day, the Authority must record on the register as statutory written-off
vehicles all vehicles that, immediately before that time, were recorded as
having the status of being wrecked.
(3)
A vehicle that, immediately before the
commencement day, is registered and is recorded on the register of written-off
vehicles as a repairable written-off vehicle is, for the purposes of Part 2AA
of this Act, taken to be a former written-off vehicle.
24Existing repairable
written-off vehicles may be registered without authorisation to repair or
certificate of compliance
(1)
A vehicle is not required to be the subject of an
authorisation to repair under section 16C (2) if the vehicle was recorded on
the register of written-off vehicles as a repairable written-off vehicle on
the commencement day and the vehicle is registered within 2 years after that
day. Any such vehicle may, during that 2-year period, be recorded on the
register of written-off vehicles as a repairable written-off
vehicle.
(2)
An application to register a vehicle that was
recorded on the register of written-off vehicles as a repairable written-off
vehicle on the commencement day is not required to be accompanied by a
certificate of compliance under section 16C (2) in relation to the vehicle if
the application is lodged with the Authority within 6 months after the
commencement day.
25Former written-off vehicles
may be referred to as repairable written-off vehicles
A vehicle that is recorded on the register of
written-off vehicles under Part 2AA of this Act as a former written-off
vehicle may also be referred to as a repairable written-off
vehicle.
Schedule 2Amendment of Motor Vehicle Repairs Act 1980 No
71
[1]Section 4
Definitions
Insert in alphabetical order in section 4
(1):
certification work means work
relating to the issue of a certificate of compliance under Part 2AA of the
Road Transport (Vehicle Registration) Act
1997.
[2]Section 42 Grounds on which a
licence holder may be dealt with under this Part
Insert after section 42 (1) (d):
(d1)
that the holder has been convicted of an offence
under, or may have failed to comply with, section 16Q of the Road Transport (Vehicle Registration) Act
1997 or the regulations made under Part 2AA of that
Act,
[3]Section 73 Authority may
require information
Insert “or certification work” after
“repair work” in section 73 (1).
[4]Section 73
(3)
Insert “, or section 16Q of the Road Transport (Vehicle Registration) Act
1997” after “Part
4”.
[5]Section 75 Power of entry and
examination
Insert after section 75 (5):
(6)
A reference in this section to this Act or the
regulations includes a reference to Part 2AA of the Road
Transport (Vehicle Registration) Act 1997 and the
regulations made under that Part.
[6]Section 75B Production of
records
Insert “, or Part 2AA of the Road Transport (Vehicle Registration) Act
1997 or the regulations made under that Part” after
“regulations” in section 75B (1).
[7]Section 77 Disclosure of
information
Insert after section 77 (b):
(b1)
to the Roads and Traffic Authority in connection
with certification work,
Schedule 3Amendment of Road Transport (General) Act 2005 No
11
[1]Section 10
Regulations
Omit section 10 (2) (a).
[2]Section 130 Application of
Part
Insert after section 130 (1) (a):
(b)
Part 2AA of the Road Transport
(Vehicle Registration) Act
1997,
[3]Section 230 Certificate
evidence
Omit section 230 (1) (k).
[4]Part 6.2 Miscellaneous
provisions concerning vehicles and roads
Omit Division 2 (Written off and wrecked motor
vehicles).
[5]Schedule 1 Savings,
transitional and other provisions
Omit clause 7.
Historical
notes
Table of amending
instruments
Road Transport
(Vehicle Registration) Amendment (Written-off Vehicles) Act 2010 No
86. Assented to 1.11.2010. Date of commencement, 31.1.2011, sec 2 and
2011 (18) LW 21.1.2011.