Division 2 Sale and maintenance of motor vehicles

155   Sale of motor vehicles

A person who, whether on the person’s own behalf or on behalf of another person, sells a motor vehicle is guilty of an offence if it emits excessive air impurities.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or

(b)  in the case of an individual—$250,000.

156   Sale of motor vehicles without anti-pollution devices

A person who, whether on the person’s own behalf or on behalf of another person, sells a motor vehicle is guilty of an offence if:

(a)  the regulations require motor vehicles of the class to which it belongs to be fitted with prescribed anti-pollution devices, and

(b)  the vehicle is not fitted in the prescribed manner with such a device.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or

(b)  in the case of an individual—$250,000.

157   Adjustment etc of anti-pollution devices and motor vehicles

(1)  A person who:

(a)  removes, disconnects or impairs an anti-pollution device fitted to a motor vehicle, or

(b)  causes or permits any such device to be removed, disconnected or impaired,

      is guilty of an offence.

(2)  A person who:

(a)  adjusts or modifies an anti-pollution device fitted to a motor vehicle, or

(b)  adjusts or modifies any part of a motor vehicle, or

(c)  causes or permits any such device or part to be adjusted or modified,

      is guilty of an offence if the adjustment or modification results in the emission of excessive air impurities by the motor vehicle.

(3)  In this section:

anti-pollution device means a prescribed anti-pollution device, or any other device that is designed to minimise air pollution.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or

(b)  in the case of an individual—$250,000.

158   Service or repair of motor vehicles

A person who:

(a)  services or repairs a motor vehicle, or

(b)  causes or permits a motor vehicle to be serviced or repaired,

in a manner prohibited by the regulations is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or

(b)  in the case of an individual—$250,000.

159   Sale of motor vehicles not serviced, maintained or adjusted as prescribed

A person who, whether on the person’s own behalf or on behalf of another person, sells a motor vehicle is guilty of an offence if:

(a)  the regulations require motor vehicles of the class to which it belongs to be serviced, maintained or adjusted in a specified manner, and

(b)  the vehicle has not been serviced, maintained or adjusted in that manner.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or

(b)  in the case of an individual—$250,000.

160   Defences

(1) Sale of motor vehicle
It is a defence to a prosecution for an offence under section 155, 156 or 159 if the defendant proves:

(a)  that the offence was committed by the defendant in the course of employment by another person, or

(b)  that upon, or in the event of, the sale of the motor vehicle, the defendant received or was to receive remuneration, by way of commission, from a person other than the owner of the motor vehicle.

(2) Sale of vehicle emitting excessive air impurities
It is a defence to a prosecution for an offence under section 155 if the defendant proves:

(a)  that the defendant took all reasonable and practicable steps to prevent the commission of the offence, and

(b)  that no visible air impurities were emitted by the motor vehicle.

(3) Removal, adjustment, modification etc resulting in excessive air impurities
It is a defence to a prosecution for an offence under section 157 if the defendant proves that the removal, disconnection, impairment, adjustment or modification was done:

(a)  in order to service, repair or replace the anti-pollution device or the part of the motor vehicle concerned, or to improve its efficiency with respect to minimising air pollution, or

(b)  as a temporary measure, in order to facilitate the service or repair of a motor vehicle, or

(c)  in order to facilitate the use of a motor vehicle for motor racing or off-road motor sport (being a motor vehicle that immediately before that removal or other action was not registrable under the Road Transport (Vehicle Registration) Act 1997) and that the vehicle is to be used in that condition only in the competition itself.

(4) Adjustment or modification resulting in excessive air impurities
It is a defence to a prosecution for an offence under section 157 (2) if the defendant proves that, at the time the offence was committed:

(a)  the defendant did not know and could not reasonably be expected to have known that the motor vehicle emitted excessive air impurities, and

(b)  no visible air impurities were emitted by the motor vehicle.

(5) Sale of vehicle required to be serviced as prescribed
It is a defence to a prosecution for an offence under section 159 if the defendant proves that the defendant took all reasonable steps to ensure that the motor vehicle was serviced, maintained or adjusted as required by the regulations.

(6) Sale of vehicle for use in competitive sport
It is a defence to a prosecution for an offence under section 155 or 156, if the defendant proves that the motor vehicle:

(a)  was constructed or has been modified solely for use in motor racing or off-road motor sport, and

(b)  was not registrable under the Road Transport (Vehicle Registration) Act 1997.

161   Notices

(1) Notice to repair
An authorised officer may, by notice in writing given to the owner of a motor vehicle which the officer reasonably suspects emits excessive air impurities, direct the owner to cause it to be serviced or repaired, within a specified period of time, so that it no longer emits excessive air impurities.

(2) Notice regarding anti-pollution devices
An authorised officer may, by notice in writing given to the owner of a motor vehicle, direct the owner:

(a)  if the vehicle is not fitted with every prescribed anti-pollution device required by the regulations to be fitted to it—to cause it to be fitted with specified prescribed anti-pollution devices, or

(b)  if any device fitted to the vehicle (being a prescribed anti-pollution device or any other device designed to minimise air pollution) has been removed, disconnected or impaired—to cause the device to be refitted, reconnected or repaired, or

(c)  if any such device or any part of the vehicle has been so adjusted or modified that, as a result, the vehicle emits excessive air impurities—to cause the device or part to be readjusted or restored,

      within a specified period of time.

(3) Revoking or varying notice
A notice given under this section in respect of a motor vehicle may be revoked or varied by an authorised officer by further notice in writing given to the owner of the vehicle.

(4) Offence
A person who uses a motor vehicle in respect of which a notice has been given under this section, or causes or permits it to be used, is guilty of an offence if at that time:

(a)  the person knows that the notice has been given, and

(b)  the notice has not been revoked, and

(c)  the period of time specified in the notice has expired, and

(d)  the notice has not been complied with.

Maximum penalty: 60 penalty units.

(5) Affixing label to vehicle
If an authorised officer has given a notice under this section in respect of a motor vehicle, the authorised officer may affix to the windscreen of the vehicle or otherwise conspicuously affix to the vehicle a prescribed label.

(6) Driving permitted for limited purposes
A motor vehicle may be driven to a place for the purpose of:

(a)  having the work required by a notice under this section carried out, or

(b)  having a label affixed under this section removed by (or with the authority of) an authorised officer after the required work has been done or the notice has been revoked, or

(c)  having the vehicle inspected by an authorised officer or a person authorised by such an officer, or

(c1)  having the vehicle tested or inspected by a person approved by the EPA for the purposes of section 207 (2) (c), or

(d)  returning from having any such work done or vehicle tested or inspected,

      without contravening subsection (4).

(7) Removal of label
A person (other than an authorised officer or person acting with the authority of such an officer) who removes a prescribed label affixed to a motor vehicle under this section or obliterates or interferes with any such label is guilty of an offence.

Maximum penalty: 60 penalty units.

162   Minister’s power to prohibit use of motor vehicles in certain circumstances

(1) Ministerial orders
The Minister may, by written order, prohibit the use of all or any class of motor vehicles, in any area specified in the order and at all times, or during particular times, as may be so specified.

(2) Purpose of order
The Minister may make such an order if satisfied that it is warranted in order to prevent or minimise harm to the environment or injury to public health.

(3) Period of operation of order
Any such order has effect:

(a)  on its publication in such manner as may be specified in the regulations, and

(b)  for such period as may be specified in the order or, if no period is so specified, until it is revoked.

(4) Publication of order
The regulations may provide for the publication of any such order by means of a newspaper or television, by the display of notices or by any other method specified in the regulations.

(5) Offence
A person who contravenes any such order is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or

(b)  in the case of an individual—$250,000.