Part 5 Regulation of off-road use of motor vehicles
Division 1 Recreation vehicle areas
23 Application of certain offences under Road Transport (Safety and Traffic Management) Act 1999
(1) Sections 9, 12 and 42 of the Road Transport (Safety and Traffic Management) Act 1999 apply to and in respect of the driving of a motor vehicle in a recreation vehicle area in the same manner as those sections apply to and in respect of the driving of a motor vehicle upon a road or road related area within the meaning of that Act.(2) In the application of sections 9, 12 and 42 of the Road Transport (Safety and Traffic Management) Act 1999 to or in respect of the driving of a motor vehicle in a recreation vehicle area, a reference in those sections to a road or road related area shall be read and construed as a reference to a recreation vehicle area.
24 Prohibition of unregistered vehicles in recreation vehicle areas
(1) A person shall not drive a motor vehicle in a recreation vehicle area, or cause or permit a motor vehicle to be driven in a recreation vehicle area, unless the motor vehicle is registered under this Act or the Road Transport (Vehicle Registration) Act 1997.Maximum penalty: 5 penalty units.
(2) A parent of a child shall not cause or permit the child to drive a motor vehicle in a recreation vehicle area unless the motor vehicle is registered under this Act or the Road Transport (Vehicle Registration) Act 1997.Maximum penalty: 5 penalty units.
(3) In any proceedings for an offence against subsection (1) or (2) in relation to a motor vehicle, evidence that no registration plate or number-plate was attached to the motor vehicle at the time the offence is alleged to have been committed is prima facie evidence that the motor vehicle was not registered under this Act or the Road Transport (Vehicle Registration) Act 1997 at that time.(4) For the purposes of subsections (1) and (2), a registered motor vehicle shall be deemed not to be registered under this Act where any registration plate for the motor vehicle:(a) has been removed from the motor vehicle pursuant to section 28 (1), and(b) has not been returned to the registered owner of the motor vehicle pursuant to section 30 (1).
25 Children under eight years not to drive motor vehicles
A person shall not cause or permit any child to drive a motor vehicle in a recreation vehicle area unless the child has attained the age of 8 years.Maximum penalty: 5 penalty units.
26 Registration plates etc to be attached to motor vehicles
A person shall not drive a motor vehicle in a recreation vehicle area, or cause or permit a motor vehicle to be driven in a recreation vehicle area, unless:(a) in the case of a motor vehicle registered under this Act—the motor vehicle’s registration plate or registration plates is or are attached to the motor vehicle in the prescribed manner, or(b) in the case of a motor vehicle registered under the Road Transport (Vehicle Registration) Act 1997—the motor vehicle’s number-plate or number-plates is or are attached to the motor vehicle in the manner prescribed under that Act.Maximum penalty: 5 penalty units.
27 Motor vehicles not in registrable condition
A person shall not drive a motor vehicle in a recreation vehicle area, or cause or permit a motor vehicle to be driven in a recreation vehicle area, unless the motor vehicle is in registrable condition.Maximum penalty: 5 penalty units.
28 Removal of registration plates from motor vehicles not in registrable condition
(1) Where an authorised officer is of the opinion that a registered motor vehicle which is in a recreation vehicle area is not in registrable condition, the officer may remove from the motor vehicle any registration plate attached thereto.(2) Upon removing a registration plate from a registered motor vehicle, an authorised officer:(a) shall:(i) issue to the driver of the motor vehicle, or(ii) where no person appears to the officer to be the driver of the motor vehicle—attach to, or leave upon, the motor vehicle,a notice to the effect that the motor vehicle is not in registrable condition, and(b) except as provided by section 30 (2)—retain possession of the registration plate.(3) A notice referred to in subsection (2) (a) shall:(a) be in or to the effect of the prescribed form,(b) specify the defect in respect of which the authorised officer is of the opinion that the motor vehicle concerned is not in registrable condition,(c) specify the address at which the registration plate concerned is being retained, and(d) be signed by the authorised officer.
29 Applications for return of registration plates
(1) A person may apply to an authorised officer for the return of a registration plate removed from a registered motor vehicle by the officer pursuant to section 28 (1).(2) An application under subsection (1) shall:(a) be in or to the effect of the prescribed form,(b) be accompanied by:(i) the prescribed information in relation to the motor vehicle,(ii) a statement by the registered owner of the motor vehicle concerned to the effect that the defect specified pursuant to section 28 (3) (b) in the relevant notice has been remedied by means of such measures as are described in the application, and(iii) a statement, in or to the effect of the prescribed form, by the registered owner of the motor vehicle concerned to the effect that the motor vehicle is in registrable condition, and(c) be lodged at the address specified pursuant to section 28 (3) (c) in the relevant notice.
30 Return of registration plates
(1) An authorised officer shall return a registration plate the subject of an application made to the officer in accordance with section 29 to the registered owner of the motor vehicle from which the registration plate was removed pursuant to section 28 (1).(2) Where an application for the return of a registration plate has not been made in accordance with section 29:(a) within 21 days after an authorised officer has removed the registration plate from a motor vehicle pursuant to section 28 (1), or(b) within such longer period as the authorised officer may, upon application made by the registered owner of the motor vehicle concerned, allow,the authorised officer shall forward the registration plate to Roads and Maritime Services.
31 Use of motor vehicles on restricted land
(1) A person shall not drive a motor vehicle upon restricted land, or cause or permit a motor vehicle to be driven upon restricted land, in wilful contravention of a direction given (in whatever manner) by the occupier of that land.Maximum penalty: 5 penalty units.
(2) This section does not:(a) affect rights conferred:(i) by or under any other Act or law, or(ii) by or under any covenant or agreement or by user, or(b) render any person liable to a penalty as a consequence of the exercise of a right so conferred.