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Contents (1997 - 156)
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Protection of the Environment Operations Act 1997 No 156
Current version for 20 December 2019 to date (accessed 23 February 2020 at 22:40)
Chapter 5 Part 5.8
Part 5.8 Motor vehicles
Division 1 Preliminary
154   Definitions
(1)  In this Part—
authorised officer means an authorised officer appointed by the EPA.
excessive air impurities—see subsection (2).
mass—see subsection (3).
petrol includes a mixture of petrol and any other substance, other than a prescribed mixture or a mixture of a prescribed class or description.
prescribed anti-pollution device means a device specified or described in the regulations and described there as being a device designed or intended to minimise air pollution caused by motor vehicles.
unleaded petrol means petrol—
(a)  that contains—
(i)  no lead or not more than the prescribed mass of lead per litre, and
(ii)  no phosphorus or not more than the prescribed mass of phosphorus per litre, and
(b)  that has a research octane number within the prescribed range.
(2)  For the purposes of this Part, a motor vehicle emits excessive air impurities if—
(a)  when in operation, it emits as determined in accordance with the regulations, air impurities in excess of the standard of concentration and the rate (or the standard of concentration or the rate) prescribed in respect of the class of motor vehicles to which the motor vehicle belongs, or
(b)  when tested in the prescribed manner, it emits air impurities in excess of the amount per test prescribed in respect of the class of motor vehicles to which the motor vehicle belongs.
(3)  For the purposes of this Part, the mass of an element contained in a specific volume of a substance may be determined by reference to the mass of the element present as a constituent of a compound contained in that volume.
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.
Note.
 An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
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.
Note.
 An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
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 a vehicle of a kind capable of being registered within the meaning of the Road Transport Act 2013) 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 a vehicle of a kind capable of being registered within the meaning of the Road Transport Act 2013.
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)    (Repealed)
(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)    (Repealed)
(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)    (Repealed)
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.
Division 3
163, 164  (Repealed)
Division 4 Registration of motor vehicles
165   Suspension of registration
(1)  The EPA may, by notice in writing to the owner of the motor vehicle, suspend the registration of a motor vehicle under the Road Transport Act 2013
(a)  if the motor vehicle has not been presented for inspection in accordance with the requirements of a notice under this Part or of any other provision of or made under this Act, or
(b)  if the motor vehicle is in such a condition that its sale or use in that condition would constitute an offence under this Act or the regulations.
(2)  The EPA may remove any such suspension if satisfied, after inspecting or testing the motor vehicle, that the sale or use of the motor vehicle would no longer constitute an offence under this Act or the regulations.
(3)  The EPA must give written notice of any suspension, or removal of suspension, to Roads and Maritime Services.
(4)  The suspension of registration of a motor vehicle takes effect when notice of the suspension is given to the owner of the motor vehicle or, if a later time is specified in the notice, at that later time.
(5)  The suspension of registration of a motor vehicle does not have effect while the vehicle is being taken to a place—
(a)  where repairs or other work required to comply with the requirements of a notice under this Part or of any other provision of or made under this Act are to be carried out, or
(b)  for the purpose of its being inspected or tested by (or with the authority of) an authorised officer,
or is being taken directly from any such place to the place where the vehicle is usually kept.
(6)  While the registration of a motor vehicle is suspended under this section, the motor vehicle is taken, for the purposes of this Act, the Road Transport Act 2013 and any other Act, not to be registered under that Act.
166   Prohibition on registration
(1)  The EPA, by notice in writing to Roads and Maritime Services—
(a)  may prohibit the registration under the Road Transport Act 2013 of a particular motor vehicle if it is satisfied that the motor vehicle is in such a condition that the sale or use of the motor vehicle in that condition would constitute an offence under this Act or the regulations, and
(b)  may remove any such prohibition if, after inspecting or testing the motor vehicle concerned, it is satisfied that the motor vehicle is no longer in such a condition.
(2)  The EPA must give written notice of any prohibition, or removal of prohibition, to the owner of the motor vehicle.