Division 1 Powers and functions of the Authority
(cf Cth Act s 9)
(1) The functions of the Authority under this Act are:(a) to administer the registration system established by the regulations, and(b) to maintain a Register of Registrable Vehicles in accordance with this Act, and(c) to collect registration and permit charges determined under this Act and taxes determined under the Motor Vehicles Taxation Act 1988, and(d) to provide information about registrable vehicles and registered operators in accordance with the regulations, and(e) to administer the system for regulating vehicle standards and inspections established by the regulations.(2)–(4) (Repealed)
(cf Cth Act s 10)
(1) For the purpose of carrying out its functions under this Act, the Authority may, in accordance with the regulations:(a) register or refuse to register a registrable vehicle, and(b) renew or refuse to renew the registration of a registrable vehicle, and(c) transfer or refuse to transfer the registration of a registrable vehicle from one person to another, and(d) issue a permit or refuse to issue a permit for the use of an unregistered registrable vehicle, and(e) impose conditions on the registration of a registrable vehicle or on a permission to use an unregistered registrable vehicle, and(f) cancel or suspend the registration of a registrable vehicle, and(g) collect registration and permit charges determined under this Act and taxes imposed by the Motor Vehicles Taxation Act 1988, and(h) specify a GCM for a motor vehicle in the circumstances envisaged in paragraph (b) of the definition of GCM in section 4, and(i) specify a GVM for a motor vehicle or trailer in the circumstances envisaged in paragraph (b) of the definition of GVM in section 4, and(j) require proof of compliance with any applicable provisions of the Motor Accidents Act 1988, the Stamp Duties Act 1920 and the Duties Act 1997, and(k) fix the fees and charges to be payable for or in connection with any service provided under this Act or the regulations, and(l) exercise other powers conferred by the regulations.(2) The Authority must cause fees and charges fixed under subsection (1) to be published in the Gazette.
(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.(2) The Authority is authorised to enter into contractual and other commercial arrangements (special number-plate arrangements) for the provision of marketing and other services to the Authority in connection with the issue of special number-plates.(3) Special number-plate arrangements under this section must include provision to ensure that a party to the arrangements will be subject to the same restrictions on the collection, use or disclosure of information obtained in the course of the operation of the arrangements as apply to the Authority under the Privacy and Personal Information Protection Act 1998.(4) Regulations under this section can include provision for or with respect to the following:(a) the issue of special number-plates independently of vehicle registration, as a commercial undertaking conducted by the Authority,(b) providing for the Authority to enter into agreements with persons to whom special number-plates are or are to be issued, to provide for their rights and obligations in connection with the special number-plates issued to them,(c) requiring the payment of fees, charges and consideration for or in connection with the issue, use, transfer, replacement and surrender of special number-plates,(d) providing for the setting of those fees, charges and consideration by the regulations, the Authority or a party to special number-plate arrangements or by or under any process provided for by the regulations or special number-plate arrangements.(5) The issue of a number-plate extends to arrangements for allocating, setting aside or reserving a number-plate (whether or not involving the delivery of possession of the number-plate and including arrangements under which the Authority retains possession of a number-plate after its issue).
9 Authority not to register registrable vehicles based outside the State
(cf Cth Act s 11)
The Authority must not register a registrable vehicle unless it is satisfied that the vehicle’s garage address is in the State.
10 Maintenance of the Register
(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.(6) A registrable vehicle ceases to be a transitional registrable vehicle on the occurrence of any of the following:(a) the transfer of the registration of the vehicle,(b) the cancellation or surrender of the registration of the vehicle,(c) if the registration of the vehicle has expired and the period within which the registration may be renewed has also expired.(7) If more than one person is recorded as a registered operator of a transitional registrable vehicle, a reference in any relevant legislation to the registered operator of a registrable vehicle within the meaning of this Act is taken (subject to any regulations made for the purposes of subsection (3)) to include a reference to each registered operator of the transitional registrable vehicle.(8) The regulations may provide for the determination of the respective rights, liabilities and obligations of each registered operator of a transitional registrable vehicle under any relevant legislation.(9) Other information that may be included in Register
The Register may include information notified to the Authority under this Act and such other information as the Authority considers appropriate.(10) Register may be kept as computer database or other form
The Register may be kept in the form of, or as part of, a computer database or in such other form as the Authority considers appropriate.(11) Correction of Register
Without limiting section 7 or any other provision of this section, the Authority may correct any mistake, error or omission in the Register subject to the requirements (if any) of the regulations.(12) Definition
In this section:relevant legislation means:
(a) a provision of this Act (or a provision of a regulation made under this Act), or(b) a provision of any other Act (or a provision of a statutory rule made under any other Act) concerned with the registered operator of a registrable vehicle within the meaning of this Act.
(cf Cth Act s 14)
(1) The Authority may, by signed instrument, delegate to a person prescribed by the regulations all or any of its powers under this Act or the regulations.(2) Nothing in this section affects any other power of delegation that the Authority has under any other Act.
13 Ownership of devices, plates or documents
(cf Cth Act s 15)
(1) Any devices, plates or documents issued by the Authority for the purpose of authorising the use of a registrable vehicle remain the property of the Authority.(2) Any special number-plate issued by the Authority (whether or not for the purpose of authorising the use of a registrable vehicle) remains the property of the Authority.
(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 Interpretation Act 1987 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.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.
(3) Without limiting the scope of this section, section 15 or section 15A, the regulations may make provision for or with respect to the same kinds of matters concerning registration, the use of registered and unregistered vehicles, number-plates, vehicle standards and inspections in respect of which regulations could have been made under section 3 (1) of the Traffic Act 1909, as in force immediately before its amendment by this Act.(4) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.(5) The regulations may provide for the day on which the service of any notice or other document under this Act or the regulations is to be taken to have been effected.(6) The regulations may provide for the inclusion of an additional fee in respect of the lodging of any late application in respect of the renewal or transfer of registration and for when the Authority may waive that fee.(7) A regulation may impose a fee in respect of the registration or inspection of a registrable vehicle despite the fact that the fee may also comprise a tax.
15 Regulations to establish registration system
(cf Cth Act s 17)
(1) Without limiting section 14, the regulations are to provide a system of registration of registrable vehicles that are used on roads or road related areas that:(a) provides a means of authorising the use of registrable vehicles on roads or road related areas, and(b) enables the identification of each registrable vehicle that is used on a road or a road related area, and of the person responsible for it.(2) Without limiting the scope of regulations under subsection (1), the regulations may:(a) fix the periods for which the registration of registrable vehicles may be effected or renewed, and(b) provide for the calculation of taxes, charges and fees for the registration of registrable vehicles for such periods as may be prescribed by the regulations, and(c) provide for the recognition by the Authority of things done under a law of another State or Territory that corresponds to this Act, and(d) (Repealed)(e) provide for a refund (or partial refund), in accordance with the regulations, of the registration fees for a registrable vehicle under this Act or for fees for an unregistered vehicle permit, and(e1) provide for the waiver or postponement (or partial waiver or postponement), in accordance with the regulations, of the registration fees for a registrable vehicle under this Act or for fees for an unregistered vehicle permit, and(f) fix fees for services provided by the Authority in connection with the registration, or the late renewal of registration, of registrable vehicles or the issue of an unregistered vehicle permit, and(g) provide for the approval by the Authority of the form in which applications are to be made to the Authority, and the form in which documents are to be issued by the Authority, for the purposes of the regulations, and(h) make provision for or with respect to the form, issue, use, surrender and transfer of plates (including trader’s plates) and registration labels, registration certificates and other registration documents, and(h1) require the keeping of records with respect to the driving of registrable vehicles to which trader’s plates are attached, and(h2) enable police officers to require any driver or person in charge of a registrable vehicle to which a trader’s plate is attached to answer questions put to the person concerning the use of the plate, and(i) provide for offences in relation to the forgery or alteration of plates and of registration labels, registration certificates and other registration documents and in relation to the use of any such forged or altered plate, label, certificate or document, and(j) (Repealed)
15A Regulations to establish system for vehicle standards and inspections
(1) General power
Without limiting section 14, the regulations may make provision for or with respect to vehicle standards, inspection or testing of registrable vehicles and the production of registrable vehicles for inspection and testing.(2) Regulations concerning vehicle standards
Without limiting the scope of regulations under subsection (1), the regulations may:(a) impose requirements with respect to the supply of information or documents to purchasers and prospective purchasers of registrable vehicles relating to their compliance with vehicle standards, and(b) provide for the identification of any part (including an engine or engine block) of a registrable vehicle and the use of any such identification, and(c) authorise the Authority to exempt any particular vehicle or class of vehicles from a vehicle standard prescribed by the regulations.(3) Regulations concerning inspections
Without limiting the scope of regulations under subsection (1), the regulations may, for the purposes of the inspection of any registrable vehicle, also:(a) authorise the entry in or on any registrable vehicle (whether or not on a road or road related area), and(b) authorise entry into or on any premises ordinarily used for the sale of any registrable vehicle or where a registrable vehicle may be held in possession for sale, and(c) provide for the requirements to be observed with respect to the use and disposition of registrable vehicles that do not comply with the vehicle standards prescribed by the regulations or that are subject to inspections, and(d) require lodgment, and provide for the forfeiture of, security for the performance of obligations specified by or under this Act on persons involved in the conduct of inspections, and(e) make provision with respect to charges relating to inspections carried out by the Authority or by persons authorised by the Authority to carry out inspections.
16 Regulations may exclude registrable vehicles from this Act
(cf Cth Act s 18)
(1) The regulations may provide that this Act does not apply to a registrable vehicle, or registrable vehicles of a kind, identified in the regulations.(2) The regulations may allow the Authority to exempt a registrable vehicle from the requirement to be registered subject to compliance with conditions specified in the regulations.(3) (Repealed)(4) The regulations may provide for the Authority:(a) to suspend the operation of any regulation referred to in subsection (1) in such manner and in such circumstances as may be specified by the regulations, or(b) to suspend the operation of an exemption given by it to any registrable vehicle in such manner and in such circumstances as may be specified by the regulations,or both.