Division 1Division 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to administer the system for regulating vehicle standards and inspections established by the regulations.(2)–(4) (Repealed)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.