{"id":"motor-vehicles-act-1959","name":"Motor Vehicles Act 1959","slug":"motor-vehicles-act-1959","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105989,"registerId":"sa-motor-vehicles-act-1959-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"81B","sectionType":"section","heading":"Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions","content":"81B\tConsequences of holder of learner's permit, provisional licence or probationary licence contravening conditions\n81BA\tSafer Driver Agreements\n81BB\tAppeals to Magistrates Court\n81BC\tDisqualification for certain offences relating to section 45C of the Road Traffic Act 1961\n81C\tDisqualification for certain drink driving offences\n81D\tDisqualification for certain drug driving offences\n81E\tCircumstances in which licence will be subject to mandatory alcohol interlock scheme conditions\n81F\tMandatory alcohol interlock scheme conditions\n81G\tCessation of licence subject to mandatory alcohol interlock scheme conditions\n81H\tContravention of mandatory alcohol interlock scheme conditions\n82\tVehicle offences and unsuitability to be granted or hold licence or permit\n83\tConsequences of certain orders or administrative actions outside State\n84\tCancellation of licence or permit where issued in error\n85\tProcedures for suspension, cancellation or variation of licence or permit\n91\tEffect of suspension and disqualification\n93\tNotice to be given to Registrar\n94\tAdministrative errors and notices of disqualification\n96\tDuty to produce licence or permit\n97\tDuty to produce licence or permit at court\n97A\tVisiting motorists\n98AAA\tDuty to carry licence when driving heavy vehicle\n98AA\tDuty to carry licence when teaching holder of learner's permit to drive\n98AAB\tDuty to carry probationary licence, provisional licence or learner's permit\n98AAC\tIssue of duplicate licence or learner's permit\n98AAD\tLicence or learner's permit falsely obtained is void\n98AAE\tLicence or learner's permit unlawfully altered or damaged is void\n98AAF\tDuty on holder of licence or learner's permit to notify illness etc\n98AAG\tExemptions for Aboriginal persons in remote areas\nPart 3A—Motor driving instructors' licences\n98A\tInstructors' licences\nPart 3B—Demerit points scheme\n98AB\tInterpretation\n98B\tDemerit points for offences in this State\n98BB\tDemerit points for offences interstate\n98BC\tLiability to disqualification\n98BD\tNotices to be sent by Registrar\n98BE\tDisqualification and discounting of demerit points\n98BF\tEffect of appeal or rehearing on disqualification and discounting\n98BH\tCourt not to take into account demerit points\n98BI\tNotification of demerit points to interstate licensing authorities\nPart 3C—Towtrucks\n98D\tCertain towtruck drivers required to hold certificates\n98E\tApplications for towtruck certificates\n98F\tEntitlement to be granted towtruck certificates\n98G\tRenewal of towtruck certificates\n98H\tConditions of towtruck certificates\n98I\tSurrender of towtruck certificate\n98J\tSuspension of towtruck certificate\n98K\tTemporary towtruck certificates\n98L\tForm of certificates\n98M\tDuplicate certificates\n98MA\tReturn of certificates when cancelled or suspended\n98MB\tRegister of certificates\n98MC\tTowtruck operators to notify Registrar of towtruck drivers in their employ\n98MD\tOnly persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair\n98ME\tTowing of vehicle at or from scene of accident\n98MF\tStorage of vehicles by towtruck operators\n98MG\tRemoval of vehicle from place to which it was removed from the scene of an accident\n98MH\tContracts relating to the repair of certain motor vehicles\n98MI\tDuty to surrender vehicle\n98MJ\tAccident spotting\n98MK\tOff the hook transactions\n98ML\tTowtruck driver to carry and produce certificate\n98N\tTrade plates not to be used for the purpose of a towtruck in certain circumstances\n98O\tPersons who may ride in towtruck\n98P\tInvestigation powers\n98PA\tPower to require production or attendance for investigations\n98PC\tCause for disciplinary action\n98PD\tComplaints\n98PE\tHearing by Tribunal\n98PF\tAppointment, selection etc of assessors\n98PG\tDisciplinary action\nPart 3D—Disability parking permits\n98R\tApplication for permit\n98S\tDuration and renewal of permits\n98T\tPermit contents, conditions and entitlements\n98U\tMisuse of permit\n98V\tCancellation of permit\n98WA\tInterstate permit holders have reciprocal entitlements\n98X\tInterpretation\nPart 3E—Rights of review and appeal\n98Z\tReview by Registrar\n98ZA\tReview by Tribunal\nPart 4—Third party insurance\n99\tInterpretation\n99A\tInsurance premium to be paid on applications for registration\n101\tApproved insurers\n102\tDuty to insure against third party risks\n104\tRequirements if policy is to comply with this Part\n105\tPolicies to conform to amending Acts\n107\tRights of persons named in policies\n109\tLiability of insurers where premium not paid\n110\tLiability of insurer to pay for emergency treatment\n111\tLiability of insurer to pay for hospital treatment\n111A\tLiability of insurer in respect of burial at public expense\n112\tLiability of insurer when judgment obtained against insured\n113\tLiability of insurer where the insured is dead or cannot be found\n113A\tInsurer not liable for aggravated damages or exemplary or punitive damages\n114\tCertain defences ineffective in actions against insurers\n115\tClaims against nominal defendant where vehicle not identified\n116\tClaim against nominal defendant where vehicle uninsured\n116A\tAppointment of nominal defendant\n117\tInterpretation of expression in sections 113 and 115\n118A\tAppointment of nominal defendant when approved insurer is wound up etc\n118B\tInterpretation of certain provisions where claim made or action brought against nominal defendant\n119\tScheme under which approved insurers indemnify liabilities incurred by nominal defendant\n120\tSatisfaction of judgment against nominal defendant where no scheme in force\n121\tPolicy to bind all insured persons\n122\tCancellation of policy\n123\tRight of insurer against unauthorised driver of vehicle\n124\tDuty to cooperate with insurer\n124AA\tLimitation of liability in respect of foreign awards\n124A\tRecovery by insurer\n124AB\tRecovery of an excess in certain cases\n124AC\tCredit for payment of expenses by insurer\n125\tPower of insurer to deal with claims against insured\n125A\tJoinder of insurer as defendant to an action\n125B\tAcquisition of vehicle by insurer\n126\tDuty of insured not to litigate or negotiate claim\n126A\tClaim for compensation\n127\tMedical examination of claimants\n127A\tControl of medical services and charges for medical services to injured persons\n127B\tLiability of insurer to pay treatment, care and support costs\n127C\tControl of legal costs\n128\tDuty of insurers to furnish information\n129A\tCommissions and other financial benefits and inducements prohibited without Minister's approval\n131\tInsurance by visiting motorists\n132\tPower to disqualify on application of insurer\n133\tContracting out of liability\n134\tPersons entitled to act in connection with claims\nPart 4A—Trials of automotive technologies\n134B\tInterpretation\n134C\tMinister may publish or adopt guidelines\n134D\tMinister may authorise trials of automotive technologies\n134E\tExemptions from this and other Acts\n134F\tRevocation and suspension of exemption\n134G\tOffence to contravene etc condition of exemption\n134H\tRequirement for insurance\n134I\tOffence to hinder authorised trial or interfere with equipment\n134J\tImmunity relating to official powers or functions\n134K\tCommencement of prosecutions\n134L\tConfidentiality\n134M\tReport to Parliament\nPart 5—Supplementary provisions\n135\tFalse statements\n135A\tBribes\n135B\tApplications made by agent\n135C\tProof of identity\n136\tDuty to notify change of name, address etc\n137\tDuty to answer certain questions\n137A\tObligation to provide evidence of design etc of motor vehicle\n138\tObligation to provide information\n138A\tCommissioner of Police to give certain information to Registrar\n138B\tEffect of dishonoured cheques etc on transactions under the Act\n139\tInspection of motor vehicles\n139AA\tWhere vehicle suspected of being stolen\n139A\tSuspension of disqualification on appeal\n139BA\tPower to require production of licence etc\n139BB\tIssue of new licence or permit where licence etc cannot be endorsed\n139BC\tManner of endorsing licence etc\n139BD\tService and commencement of notices of disqualification\n139C\tService of other notices and documents\n139D\tConfidentiality\n139E\tProtection from liability\n139G\tOffences by authorised officers\n140\tEvidence of registers\n141\tEvidence by certificate etc\n142\tFacilitation of proof\n142A\tEvidence of ownership of motor vehicle\n143\tCausing or permitting offences\n143B\tGeneral defences\n145\tRegulations and fee notices\n147\tFinancial provision\n148\tDuty of health professionals\nSchedule 1—Evidence obtained by photographic detection device\n1\tInterpretation\n2\tCertain offences subsumed\n3\tNotice about photographic evidence\n4\tEvidentiary\nSchedule 2—Prescribed circumstances (sections 75A, 75B and 81A)\n1\tDriving with immediate family members\n2\tEmergency workers\n3\tDriving to attend education or training\n4\tDriving to participate in activities\n5\tDriving for work purposes\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Motor Vehicles Act 1959.\n2—Crown is bound\n\t(1)\tThis Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.\n\t(2)\tNo criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.\n5—Interpretation\n\t(1)\tIn this Act, unless the context otherwise requires or some other meaning is clearly intended—\naccident means a collision or impact (whether caused accidentally or on purpose) resulting in damage to a motor vehicle;\naccident towing direction, in relation to a motor vehicle damaged in an accident, means a direction to tow that motor vehicle from the scene of the accident, being a direction given to a towtruck operator by or on behalf of a police officer in accordance with the accident towing roster scheme;\naccident towing roster scheme means the accident towing roster scheme provided for by the regulations;\nagriculture includes horticulture, viticulture, dairying, bee keeping, livestock production and other similar activity;\nand agricultural has a corresponding meaning;\nagricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks;\nagricultural machine means a machine with its own automotive power, built to perform agricultural tasks;\nalcohol interlock means a device or system of a kind approved by the Minister by notice in the Gazette as an alcohol interlock for the purposes of this Act;\nalcohol interlock scheme conditions means—\n\t(a)\tthe mandatory alcohol interlock scheme conditions; or\n\t(b)\tthe voluntary alcohol interlock scheme conditions;\napproved alcohol interlock provider means a person, or a person of a class, approved by the Minister by notice in the Gazette as a provider of alcohol interlocks for the purposes of this Act;\nauthority to tow, in relation to a damaged motor vehicle, means authorisation in writing to remove the motor vehicle given for the purposes of this Act by the owner or person in charge of the vehicle or an authorised officer or police officer;\nauthorised examiner means—\n\t(a)\ta police officer appointed by the Commissioner of Police for the purpose of conducting practical driving tests; or\n\t(b)\ta person appointed by the Registrar for the purpose of conducting practical driving tests; or\n\t(c)\ta person appointed by some public authority, and approved by the Registrar, for the purpose of conducting practical driving tests;\nauthorised officer means a person appointed as an authorised officer under section 35 of the Road Traffic Act 1961 or a person of a class of persons appointed as authorised officers under that section;\nthe balance of the prescribed registration fee, in relation to a motor vehicle registered under this Act at a reduced registration fee, means an amount calculated by the Registrar on the basis of the difference between the reduced fee and the prescribed registration fee, in relation to the number of months of the registration period that remain unexpired; for the purposes of this definition, a portion of a month will be treated as a whole month;\ncaravan means a trailer that is constructed or adapted so as to provide sleeping accommodation for one or more persons;\ncategory 1 offence means an offence against section 47B(1) of the Road Traffic Act 1961 involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood;\ncategory 2 offence means an offence against section 47B(1) or (1a) of the Road Traffic Act 1961 involving a concentration of alcohol of less than .15 grams, but not less than .08 grams, in 100 millilitres of blood;\ncategory 3 offence means an offence against section 47B(1) or (1a) of the Road Traffic Act 1961 involving a concentration of alcohol of .15 grams or more in 100 millilitres of blood;\ncommercial motor vehicle means—\n\t(a)\ta motor vehicle constructed or adapted solely or mainly for the carriage of goods (including a motor vehicle of the type commonly called a utility); and\n\t(b)\ta prime mover;\nconfiguration, in relation to a heavy vehicle, has the meaning assigned to it by the regulations;\ncourt means court (whether the Supreme Court or any other court) having jurisdiction to deal with the matters in relation to which the word is used;\nCPI means the Consumer Price Index (All Groups) for the City of Adelaide;\nCTP Regulator or Regulator means the CTP Regulator established under the Compulsory Third Party Insurance Regulation Act 2016;\ndeclared area means—\n\t(a)\tthe area of a municipal council; or\n\t(b)\ta part of the State declared by regulation to be within the area for the purposes of this definition;\ndrink driving offence has the same meaning as in the Road Traffic Act 1961;\ndrug driving offence has the same meaning as in the Road Traffic Act 1961;\nforeign licence means a licence to drive a motor vehicle issued under the law of another country;\ngarage address of a vehicle means—\n\t(a)\tin the case of a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or\n\t(b)\tin any other case—the address of the place of business or residence at which the vehicle is normally kept when not in use;\ngross combination mass or GCM of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at any one time—\n\t(a)\tas specified by the motor vehicle's manufacturer; or\n\t(b)\tas specified by the Registrar if—\n\t(i)\tthe manufacturer has not specified the sum of the maximum loaded mass; or\n\t(ii)\tthe manufacturer cannot be identified; or\n\t(iii)\tthe vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;\ngross vehicle mass or GVM of a vehicle means the maximum loaded mass of the vehicle—\n\t(a)\tas specified by the vehicle's manufacturer; or\n\t(b)\tas specified by the Registrar if—\n\t(i)\tthe manufacturer has not specified a maximum loaded mass; or\n\t(ii)\tthe manufacturer cannot be identified; or\n\t(iii)\tthe vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;\nhealth professional means a legally qualified medical practitioner, a registered optometrist or a registered physiotherapist;\nheavy vehicle means a motor vehicle that is a heavy vehicle for the purposes of the Heavy Vehicle National Law (South Australia);\nHeavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nHeavy Vehicle National Regulations (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;\nhigh powered vehicle means a motor vehicle—\n\t(a)\tbelonging to a class of vehicles prescribed by the regulations as high powered vehicles for the purposes of this Act; or\n\t(b)\tof a kind included in this definition by the Registrar by notice in the Gazette,\nbut does not include a motor vehicle of a kind excluded from this definition by the Registrar by notice in the Gazette;\ninsurance premium or premium, in relation to a motor vehicle, means the premium appropriate to the motor vehicle for a policy of insurance under Part 4, as determined by the CTP Regulator from time to time, and includes any money that the Registrar is required to retain under section 99A(14);\ninterstate learner's permit means a licence or permit issued under the law of another State or Territory of the Commonwealth that corresponds to a learner's permit issued under this Act;\ninterstate licence means a licence or permit issued under the law of another State or Territory of the Commonwealth that corresponds to a driver's licence issued under this Act;\ninterstate non-provisional licence means a licence of a type prescribed by regulation for the purposes of this definition issued under the law of another State or Territory of the Commonwealth;\ninterstate provisional licence means a licence of a type prescribed by regulation for the purposes of this definition issued under the law of another State or Territory of the Commonwealth;\nlearner's permit means a learner's permit issued under this Act;\nlearner's permit conditions means the conditions referred to in section 75A(10);\nlicence means a driver's licence issued under this Act;\nLSS Fund levy means the LSS Fund levy under Part 7 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013;\nmandatory alcohol interlock scheme conditions means the conditions referred to in section 81F;\nmotor bike means a motor vehicle (not being a trailer) with two wheels, and includes a two wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;\nmotor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle but does not include a device or vehicle of a kind excluded from this definition by the regulations;\nnominated vehicle for a person means a motor vehicle nominated by the person to the Registrar in accordance with section 81F;\nnon-provisional licence means a licence issued under this Act other than a provisional licence;\nnumber means—\n\t(a)\ta figure or a combination of figures; or\n\t(b)\ta combination of letters of the alphabet; or\n\t(c)\ta combination of figures and letters of the alphabet;\noperator, in relation to a motor vehicle, means the person principally responsible for the operation or use of the vehicle;\noral fluid has the same meaning as in the Road Traffic Act 1961;\nowner includes a person who takes a motor vehicle on hire;\nP1 licence means a provisional licence that is taken to be a P1 licence in accordance with section 81A(2);\nP2 licence means a provisional licence other than a P1 licence;\nphotograph includes an image produced from an electronic record made by a digital or other electronic camera, and photographic has a corresponding meaning;\nphotographic detection device has the same meaning as in the Road Traffic Act 1961;\npractical driving test, in relation to a person applying for a licence, means a test approved by the Registrar as a practical driving test in relation to a class of licence to which the licence sought by the person belongs;\npremises includes land and the fences, walls or structures on the boundaries of land;\nprescribed conditions means learner's permit conditions, probationary licence conditions or provisional licence conditions;\nprescribed drink driving offence means any drink driving offence other than a category 1 offence;\nprescribed drug has the same meaning as in the Road Traffic Act 1961;\nprescribed registration fee means the amount of the fee payable in respect of the registration of a motor vehicle that is fixed by, or determined in accordance with, the regulations as the registration fee (rather than, for example, an administration fee);\nprimary producer means a person—\n\t(a)\twho carries on as principal an agricultural business; or\n\t(b)\twho under a written sharefarming agreement works land as a sharefarmer and not as an employee; or\n\t(c)\twho carries on as principal the business of fishing;\nprime mover means a motor vehicle designed to tow a semi-trailer;\nprobationary licence means a driver's licence subject to probationary licence conditions;\nprobationary licence conditions means conditions referred to in section 81AB;\nprovisional licence means a driver's licence subject to provisional licence conditions;\nprovisional licence conditions means the conditions referred to in section 81A(4);\nqualified supervising driver—see section 72A;\nquarter means any period of three months;\nquotation for repair means an assessment or estimate of the actual or probable cost of repairing damage to a motor vehicle;\nreduced registration fee means—\n\t(a)\tthe fee payable for conditional registration of a motor vehicle under section 25; or\n\t(b)\tany other fee payable by a person for registration of a motor vehicle that is less than the prescribed registration fee in relation to the vehicle;\nregistered operator, in relation to a motor vehicle, means a person recorded on the register of motor vehicles as the operator of the vehicle;\nregistered owner, in relation to a motor vehicle, means a person recorded on the register of motor vehicles as the owner of the vehicle;\nregistered premises, in relation to a towtruck operator, means the premises registered in the name of the towtruck operator pursuant to the accident towing roster scheme;\nthe Registrar means the Registrar of Motor Vehicles and includes any person acting on behalf of the Registrar in accordance with this Act;\nregistration of a motor vehicle includes re-registration or renewal of registration; and to register has a corresponding meaning;\nroad means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving of motor vehicles;\nroad-related area means any of the following:\n\t(a)\tan area that divides a road; or\n\t(b)\ta footpath or nature strip adjacent to a road; or\n\t(c)\tan area that is not a road and that is open to the public and designated for use by cyclists or animals; or\n\t(d)\tan area that is not a road and that is open to or used by the public for driving or parking motor vehicles; or\n\t(e)\tany other area that is open to or used by the public and that has been declared by the Minister under section 6 to be a road-related area;\nscene of an accident means the area within a radius of 200 metres from the point at which a vehicle involved in an accident has, as an immediate result of the accident, come or been brought to a stationary position;\nsemi-trailer means a trailer that has—\n\t(a)\t1 axle group or a single axle (as those terms are defined in the Road Traffic Act 1961) towards the rear; and\n\t(b)\ta means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;\nseries of photographs includes a film, video or other continuous visual recording;\nserious drink driving offence—see section 81E;\nstamp duty means the duty payable under the Stamp Duties Act 1923;\ntemporary towtruck certificate means a temporary towtruck certificate issued by the Registrar under Part 3C;\ntow, in relation to a motor vehicle, means tow, partially lift and tow, lift and carry or carry a motor vehicle by means of another motor vehicle;\ntowtruck means a motor vehicle (including a trailer attached to a motor vehicle) designed, adapted or intended to lift and carry or partially lift and tow a motor vehicle that cannot, because of damage or malfunction, be operated properly under its own motive power;\ntowtruck certificate means a towtruck certificate issued by the Registrar under Part 3C;\ntowtruck driver means a person who drives, or operates the equipment of, a towtruck;\ntowtruck operator means a person who carries on the business of towing motor vehicles or a business that includes towing motor vehicles;\ntrailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nultra high powered vehicle means a motor vehicle prescribed by the regulations as an ultra high powered vehicle for the purposes of this definition;\nunconditional licence means—\n\t(a)\ta licence issued under this Act not subject to alcohol interlock scheme conditions or prescribed conditions; or\n\t(b)\ta licence of a type prescribed by regulation for the purposes of this definition issued under the law of another State or Territory of the Commonwealth;\nvehicle does not include a vehicle operated on a railway or tramway or a mobile machine controlled and guided by a person walking;\nwharf includes—\n\t(a)\tany wharf, quay, jetty, pier, landing place, stage, platform, slip, basin, siding, dock, or other place at which goods can be landed, loaded or unloaded, whether situated on or near the shore of the sea or of any of its arms or inlets, or on or near the shore of any inland river or other inland water; and\n\t(b)\tall railways and tramways on the wharf and the approaches to them; and\n\t(c)\ta wharf only partly constructed as well as a completed wharf.\n\t(1a)\tIn this Act, a reference to a Commonwealth Act includes a reference to—\n\t(a)\tthat Commonwealth Act as amended and in force for the time being; and\n\t(b)\tan Act enacted in substitution for that Act.\n\t(2)\tFor the purposes of this Act, a person who is driving a motor vehicle that tows another motor vehicle will be taken to be driving both motor vehicles.\n\t(2a)\tA reference in this Act to drivers or the driving of vehicles includes a reference to riders or the riding of vehicles unless it is otherwise expressly stated.\n\t(2b)\tA reference in this Act to a road includes a reference to a road-related area unless it is otherwise expressly stated.\n\t(3)\tA reference in this Act to a motor vehicle includes a reference to a trailer unless it is otherwise expressly stated.\n\t(3a)\tThe Governor may, by proclamation—\n\t(a)\tdeclare that a motor vehicle of a certain design or with certain characteristics is to be regarded for the purposes of this Act as a motor vehicle of a specified class; and\n\t(b)\trevoke or vary any proclamation under this subsection.\n\t(3b)\tThe Minister may, by notice in the Gazette, approve or revoke the approval of—\n\t(a)\ta device or system as an alcohol interlock for the purposes of this Act; or\n\t(b)\ta person, or a person of a class, as a provider of alcohol interlocks for the purposes of this Act.\n\t(4)\tSubject to section 22A of the Acts Interpretation Act 1915, this Act applies in relation to motor vehicles engaged in trade, commerce and intercourse between the States.\n\t(5)\tSubject to subsection (6), a licence, permit, exemption or other authorisation or document issued under this Act may be issued—\n\t(a)\tin the form of a physical document or item; or\n\t(b)\tin electronic form; or\n\t(c)\tin both the form of a physical document or item and in electronic form.\n\t(6)\tPart 3 of the Electronic Communications Act 2000 applies in relation to the issue of a licence, permit, exemption or other authorisation or document under this Act in electronic form (and a licence, permit, exemption or other authorisation or document under this Act will only be issued in electronic form if the requirements of section 18 of that Act are satisfied).\n\t(6a)\tThe regulations may provide that specified provisions of this Act apply with modifications prescribed by the regulations to a licence, permit, exemption or other authorisation or document issued under this Act—\n\t(a)\tin electronic form; or\n\t(b)\tin the form of a physical document or item where the licence, permit, exemption or other authorisation or document has also been issued in electronic form.\n\t(7)\tIn this Act, if a monetary amount is followed by the word \"(indexed)\", the amount is to be adjusted on 1 January of each year, beginning in 2006, by multiplying the stated amount by a multiplier obtained by dividing the CPI for the quarter ending 30 June in the previous year by the CPI for the quarter ending 30 June 2004.\n\t(8)\tFor the purposes of this Act (other than section 81A), in determining the period for which a person has held a licence, learner's permit, foreign licence, interstate licence or interstate learner's permit, any period during which the person's licence or permit has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection).\n6—Power of Minister to include or exclude areas from application of Act\nThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare a specified area that is open to or used by the public to be a road‑related area;\n\t(b)\tdeclare that this Act, or specified provisions of this Act, do not apply to a specified road or portion of road (either indefinitely or for a specified period);\n\t(c)\tvary or revoke such a declaration.\n6A—Delegation by Minister\n\t(1)\tThe Minister may delegate a power or function of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be absolute or subject to conditions or limitations specified in the instrument of delegation; and\n\t(c)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(d)\tis revocable at will and does not derogate from the power of the delegator to act in any matter.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of motor vehicles","content":"Part 2—Registration of motor vehicles\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Registration","content":"Division 1—Registration\n7—Registrar and officers\n\t(1)\tThe Governor may appoint a Registrar of Motor Vehicles and such deputy registrars of motor vehicles as the Governor considers necessary for the administration of this Act.\n\t(2)\tA deputy registrar may, subject to and in accordance with any directions given by the Registrar, act on behalf of the Registrar—\n\t(a)\tduring the absence of the Registrar;\n\t(b)\tat any time in any matters allotted to the deputy registrar by the Registrar.\n\t(4)\tThe Registrar may delegate any powers or functions of the Registrar under this Act or any other Act to—\n\t(a)\ta person for the time being occupying a specified office or position; or\n\t(b)\ta specified person or specified body of persons that, in the opinion of the Registrar, has appropriate qualifications or experience to exercise the relevant powers or functions.\n\t(5)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(6)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n\t(7)\tA person to whom a power or function is delegated under this section must not contravene, or fail to comply with, a condition to which the delegation is subject.\nMaximum penalty: $10 000 or imprisonment for two years.\n8—The register\n\t(1)\tThe Registrar must keep a register of motor vehicles.\n\t(2)\tThe register must contain such information as the Registrar thinks necessary for the administration of this Act, and will be in a form fixed by the Registrar.\n\t(3)\tThe Registrar may, on the Registrar's own initiative or on application by any person, correct or alter the register if satisfied that an entry in the register is incorrect, incomplete or inaccurate.\n9—Duty to register\n\t(1)\tA person must not drive an unregistered motor vehicle, or cause an unregistered motor vehicle to stand, on a road.\nMaximum penalty: $7 500.\n\t(1a)\tHowever, subsection (1) does not apply to a person who drives a motor vehicle, or causes a motor vehicle to stand, if the person proves that the person—\n\t(a)\tdrove the motor vehicle, or caused the motor vehicle to stand, in prescribed circumstances; and\n\t(b)\tdid not know that the motor vehicle was unregistered.\n\t(1b)\tFor the purposes of subsection (1a), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations.\n\t(1c)\tIt is a defence to a charge of an offence against subsection (1) if the defendant was not a registered owner or the registered operator of the vehicle and the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the vehicle was unregistered.\n\t(3)\tIf an unregistered motor vehicle is driven or found standing on a road, the owner of the vehicle is guilty of an offence.\nMaximum penalty: $7 500.\n\t(4)\tIt is a defence to a charge of an offence against subsection (1) or (3) to prove that the motor vehicle was driven or left standing on a road in circumstances in which this Act permits a motor vehicle without registration to be driven on a road.\n\t(4a)\tIt is a defence to a charge of an offence against subsection (3) to prove that—\n\t(a)\tthe vehicle was not driven or left standing on the road by the defendant; and\n\t(b)\tthe defendant had taken reasonable steps to ensure that any person lawfully entitled to use the motor vehicle would have been aware that the vehicle was unregistered.\n\t(5)\tIt is a defence to a charge of an offence against subsection (3) to prove that, in consequence of some unlawful act, the vehicle was not in the possession or control of the defendant at the time it was driven or left standing on the road.\n\t(6)\tIt is a defence to a charge of an offence against subsection (3) where the defendant is the last registered owner or last registered operator to prove that the defendant was not the owner or the operator of the motor vehicle, as the case may be, at the time of the alleged offence.\n\t(6a)\tThe provisions of Schedule 1 apply to an offence against this section if evidence relating to the offence was obtained through the operation of a photographic detection device.\n\t(6b)\tA motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (1a) if—\n\t(a)\tthe person is not an owner or the registered operator of the vehicle and the person is required by the person's employer to drive the vehicle, or to cause the vehicle to stand, in the course of the person's employment; or\n\t(b)\tthe motor vehicle is driven or caused to stand in circumstances declared by the regulations.\nowner, in relation to a motor vehicle, includes the last registered owner and the last registered operator of the vehicle, but does not include a person who takes the vehicle on hire;\nunregistered motor vehicle means a motor vehicle without registration in force under this Act.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Exemptions and permits","content":"Division 2—Exemptions and permits\n10—Exemption of vehicles with trade plates\nA motor vehicle may be driven on roads without registration if it bears trade plates issued under this Act and is driven in conformity with the provisions of this Act as to trade plates.\n10A—Exemption of vehicles being loaded or unloaded from transporter\n\t(1)\tA motor vehicle may be driven without registration on roads if—\n\t(a)\tthe vehicle is driven for the purpose of loading it onto, or unloading it from, a transporter; and\n\t(b)\tthe vehicle is driven not more than 500 metres from the transporter.\n\t(2)\tWhen a motor vehicle is being driven on a road as authorised by subsection (1), the policy of insurance in force under Part 4 in relation to the transporter is to be taken to be in force and extend in its coverage in relation to the vehicle being driven and its owner and driver and any passenger in or on it.\ntransporter means a motor vehicle (not including a towtruck but including a trailer attached to a motor vehicle) designed for the transportation of motor vehicles.\n12—Exemption for certain trailers, agricultural implements and agricultural machines\n\t(1)\tAn unregistered trailer, agricultural implement or prescribed agricultural machine may be towed on roads by a tractor or agricultural machine that is conditionally registered under section 25.\n\t(2)\tAn unregistered agricultural implement or agricultural machine may be towed on roads by a registered motor vehicle.\n\t(2a)\tSubject to subsection (2b), a prescribed agricultural machine may be driven on roads without registration or insurance under Part 4.\n\t(2b)\tA prescribed agricultural machine must not be driven without registration or insurance under Part 4 on the carriageway of a road unless—\n\t(a)\tthe prescribed agricultural machine is driven only—\n\t(i)\tto move the machine across the carriageway by the shortest possible route; or\n\t(ii)\tto move the machine from a point of unloading to a worksite by the shortest possible route; or\n\t(iii)\tto enable the machine to perform on the carriageway a special function that the machine is designed to perform; and\n\t(b)\tthere is in force a policy of public liability insurance indemnifying the owner and any authorised driver of the prescribed agricultural machine in an amount of at least five million dollars in relation to death or bodily injury caused by, or arising out of, the use of the prescribed agricultural machine on a road.\n\t(2c)\tA person who drives a prescribed agricultural machine on a road without registration or insurance under Part 4 as authorised by this section must, if requested by a police officer to do so, produce evidence of the person's public liability insurance either—\n\t(b)\twithin 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request.\n\t(3)\tWhile a trailer, agricultural implement or agricultural machine is on a road and is being towed, or is on a road and is connected to a vehicle for towing, as authorised under this section, the policy of insurance in force under Part 4 in relation to the towing vehicle is to be taken to extend in coverage so that it is also in force and applies in relation to the trailer, agricultural implement or agricultural machine and its owner and driver and any passenger in or on it.\nprescribed agricultural machine means an agricultural machine that—\n\t(a)\tis designed mainly for use outside public road systems; and\n\t(b)\twhen driven by its own automotive power, is capable of a speed not exceeding 7 kilometres per hour.\n12A—Exemption of self-propelled wheelchairs from requirements of registration and insurance\n\t(1)\tA self-propelled wheelchair or any other motor vehicle (not being a motor car) of a prescribed class may be driven on roads without registration or insurance by a person who, because of some physical infirmity, reasonably requires the use of a wheelchair or such a motor vehicle.\n\t(2)\tA self-propelled wheelchair or other motor vehicle to which subsection (1) applies is to be taken to be subject to a policy of insurance in force under Part 4.\n12B—Exemption of certain vehicles from requirements of registration and insurance\n\t(1)\tSubject to subsection (2), motor vehicles may be driven on roads without registration or insurance under Part 4 as follows:\n\t(a)\ta motor vehicle may be driven for the purpose of taking measures for extinguishing or controlling a fire that is causing or threatening to cause loss of life or injury or damage to persons, animals or property;\n\t(b)\ta motor vehicle may be driven on a wharf for the purpose of loading or unloading cargo;\n\t(c)\ta self-propelled lawn mower may be driven for the purpose of mowing lawn or grass or to or from a place at which it is to be, or has been, used for that purpose.\n\t(2)\tA motor vehicle must not be driven on roads without registration or insurance under Part 4 as authorised by subsection (1) unless there is in force a policy of public liability insurance indemnifying the owner and any authorised driver of the vehicle in an amount of at least five million dollars in relation to death or bodily injury caused by, or arising out of, the use of the vehicle on roads.\n\t(3)\tA person who drives a motor vehicle on a road without registration or insurance under Part 4 as authorised by this section must, if requested by a police officer to do so, produce evidence of the person's public liability insurance either—\n\t(b)\twithin 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request.\n16—Permits to drive vehicles without registration\n\t(a)\tthe Registrar is unable to determine an application for registration of a motor vehicle without delay; or\n\t(b)\tthe Registrar determines that an application for registration of a motor vehicle should be granted but is unable to effect registration without delay; or\n\t(c)\tthe owner of a motor vehicle—\n\t(i)\tapplies for a permit after the Registrar declines an application for registration of the vehicle; or\n\t(ii)\tapplies for a permit authorising the vehicle to be driven on roads without registration in prescribed circumstances or in circumstances in which it is, in the opinion of the Registrar, unreasonable or inexpedient to require the vehicle to be registered,\nand pays the prescribed fee and the appropriate insurance premium,\nthe Registrar may issue to the owner of the vehicle a permit, subject to such terms and conditions as the Registrar thinks fit to impose, authorising the vehicle to be driven on roads without registration during the period specified in the permit.\n\t(2)\tIf the owner of a motor vehicle not previously registered in the owner's name, or a person acting on the owner's behalf, satisfies a police officer stationed at a police station situated outside a radius of 40 kilometres from the former General Post Office at Adelaide that—\n\t(a)\tan application for the registration of the vehicle, to commence as from a day not later than the issue of a permit under this subsection, has been made; and\n\t(b)\tthe prescribed fee payable in respect of the registration of the vehicle has been paid; and\n\t(c)\tthe appropriate insurance premium has been paid; and\n\t(d)\tthe stamp duty (if any) payable on the application has been paid,\nthe police officer may issue without fee to the owner of the vehicle a permit authorising the vehicle to be driven on roads without registration during the prescribed period.\n\t(3)\tA permit under this section will be in a form determined by the Minister.\n\t(4)\tWhere a permit has been issued under this section, the motor vehicle to which the permit relates will, while the permit remains in force, be taken to be duly registered under this Act.\n\t(5)\tA policy of insurance under Part 4 is, subject to this Act, in force in respect of a motor vehicle for which a permit has been issued under this section from the time of the granting of the permit until—\n\t(a)\twhere an application for registration of the vehicle made before the issue of the permit is subsequently granted—the expiration of the period for which the registration was applied for, and a further period of grace in accordance with that Part; or\n\t(b)\tin any other case—the expiration of the period for which the permit remains in force.\n\t(6)\tWhere an application for registration made before the issue of the permit is subsequently granted, the registration will be taken to have commenced from the time of issue of the permit.\n\t(7)\tA permit issued under this section will cease to have any force or effect—\n\t(a)\tin the case of a permit issued under subsection (1)—\n\t(i)\twhen information becomes publicly available (in a manner prescribed by regulation) that the motor vehicle has been registered; or\n\t(ii)\twhen the period specified in the permit expires,\nwhichever occurs first;\n\t(b)\tin the case of a permit issued under subsection (2)—\n\t(i)\twhen information becomes publicly available (in a manner prescribed by regulation) that the motor vehicle has been registered; or\n\t(ii)\ton the expiration of the prescribed period,\nwhichever occurs first.\n\t(8)\tA permit under this section must, throughout the period for which it remains in force, be carried, in accordance with the regulations, in the vehicle to which it relates.\n\t(9)\tA person must not drive on a road a motor vehicle in respect of which a permit under this section is in force unless the permit is carried in the vehicle in accordance with the regulations.\n\t(10)\tIf a condition of a permit under subsection (1) is contravened the Registrar may, by notice given to the holder of the permit in a manner and form determined by the Minister, revoke the permit.\n\t(11)\tA person who contravenes a condition of a permit under subsection (1) is guilty of an offence.\n\t(12)\tIf the Registrar is satisfied that a permit under subsection (1) has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate permit.\n\t(13)\tIf a police officer stationed at a police station situated outside a radius of 40 kilometres from the former General Post Office at Adelaide is satisfied that a permit under subsection (2) has been lost or destroyed, the police officer may, on payment of the prescribed fee, issue a duplicate permit.\n\t(14)\tWhere the Registrar or a police officer has, pending the determination of an application for registration of a motor vehicle, issued a permit under this section and the Registrar is subsequently unable to grant registration to the applicant, the Registrar may, by notice given to the applicant in a manner and form determined by the Minister, refuse the application for registration and refund such part of any fee and insurance premium paid as the Registrar thinks appropriate.\n\t(15)\tIn this section—\nthe prescribed period means a period determined by the Registrar after consulting the Commissioner of Police.\n19A—Vehicles registered etc interstate or overseas\n\t(1)\tA motor vehicle may be driven in this State without registration under this Act if—\n\t(a)\tthe garage address of the vehicle is outside this State and the vehicle is in this State for the purpose of temporary use; and\n\t(i)\tis registered in another State or Territory of the Commonwealth or in a foreign country; or\n\t(ii)\tis permitted to be driven on roads within another State or Territory of the Commonwealth by virtue of a permit or other authority granted and in force under the law of that other State or Territory; and\n\t(c)\tany current registration label, certificate, card, permit and plate or plates that are required to be affixed to the vehicle if it is to be driven in accordance with the law of that other State or Territory or foreign country are duly affixed to the vehicle in accordance with that law; and\n\t(d)\tany conditions or restrictions imposed on the use of the vehicle by virtue of the law of that other State or Territory or foreign country are complied with; and\n\t(e)\tthere is in force in relation to the vehicle a policy of insurance—\n\t(i)\t—\n\t(A)\tin the case of a vehicle registered in a foreign country—that complies with Part 4 of this Act; or\n\t(B)\tin any other case—that complies with the law of the State or Territory in which it is registered or permitted to be driven as referred to in paragraph (b)(ii); and\n\t(ii)\tunder which the owner and driver of the vehicle are insured against liability that might be incurred in respect of death of, or bodily injury to, any person caused by, or arising out of the use of, the vehicle in this State.\n\t(2)\tA motor vehicle may be driven in this State without registration under this Act until the end of the prescribed period if—\n\t(a)\t—\n\t(i)\twhile the vehicle is in this State for temporary use as referred to in subsection (1), the garage address of the vehicle ceases to be outside this State; or\n\t(ii)\tthe vehicle is brought into this State for use from a garage address in this State; and\n\t(b)\tthe requirements of subsection (1)(b) to (e) (inclusive) are satisfied in relation to the vehicle.\nprescribed period means—\n\t(a)\tthe period of 90 days from the date on which the garage address of the motor vehicle ceases to be outside this State or the vehicle is brought into this State for use from a garage address in this State; or\n\t(b)\tthe period ending on the day on which the registration, permit or other authority by virtue of which the motor vehicle is permitted to be driven on roads in another State or Territory or in a foreign country expires,\nwhichever is the lesser period.\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Registration procedure","content":"Division 3—Registration procedure\n20—Application for registration\n\t(1)\tAn application for registration of a motor vehicle must—\n\t(a)\tbe made in a manner and form determined by the Minister; and\n\t(b)\tstate correctly—\n\t(i)\tin the case of an application other than for renewal of registration—the following particulars:\n\t(A)\tthe full name of the owner of the vehicle;\n\t(B)\tif the owner of the vehicle is a natural person—the address at which the owner is ordinarily resident;\n\t(C)\tif the owner of the vehicle is a body corporate—the address of the principal place of business in this State of the body corporate;\n\t(D)\tthe full name of the operator of the vehicle (whether or not that person is the owner or an owner of the vehicle);\n\t(E)\tif the operator is not the owner or an owner of the vehicle and is a natural person—the address at which that person is ordinarily resident;\n\t(F)\tif the operator is not the owner or an owner of the vehicle and is a body corporate—the address of the principal place of business in this State of the body corporate;\n\t(G)\tthe garage address of the vehicle;\n\t(H)\tin the case of an application relating to a heavy vehicle—the configuration of the vehicle for the period of registration; or\n\t(ii)\tin the case of an application for renewal of registration—the particulars prescribed by the regulations; and\n\t(c)\tinclude such other information as the Minister may require.\n\t(1a)\tIf application is made for the registration of a motor vehicle that has been taken on hire, the Registrar may dispense with—\n\t(a)\tthe requirement that the application state the name and address of any owner of the vehicle other than the person who has taken the vehicle on hire; or\n\t(b)\tthe requirement that the application state the name and address of the person who has taken the vehicle on hire,\nas the Registrar thinks fit.\n\t(2)\tAt the time of making the application—\n\t(a)\tthe prescribed fee; and\n\t(b)\tthe appropriate insurance premium; and\n\t(ba)\tthe appropriate LSS Fund levy; and\n\t(c)\tthe stamp duty (if any) payable on the application,\nmust be paid to the Registrar.\n\t(2a)\tWhere an application to register a motor vehicle falsely states the name of the owner or the operator of the vehicle, any registration of the motor vehicle pursuant to that application is void and of no effect.\n\t(3)\tAn application cannot be made or granted for—\n\t(a)\ta person under the age of 18 years to be registered as the owner or operator of a heavy vehicle; or\n\t(b)\ta person under the age of 16 years to be registered as the owner or operator of a motor vehicle other than a heavy vehicle; or\n\t(c)\tthe registration of a motor vehicle with a garage address outside this State.\n\t(4)\tIf the Registrar purports to register a motor vehicle upon an application that is invalid by reason of subsection (2a) or (3), a policy of insurance under Part 4 will, notwithstanding the invalidity of the registration, come into operation in respect of the motor vehicle as if it had been validly registered.\n21—Power of Registrar to decline application\nWhere application for registration of a motor vehicle is made and—\n\t(a)\tthe application is not entirely in order; or\n\t(b)\tthe full amount payable to the Registrar in respect of the application has not been paid; or\n\t(c)\tthe applicant is, at the time of lodging the application, unable to supply all the information required for the Registrar to assess the fee or determine the application; or\n\t(d)\tthe Registrar has refused to determine the application until the particulars disclosed in the application are verified; or\n\t(e)\ta court has ordered that the vehicle not be registered until some condition is complied with and the condition has not been complied with,\nthe Registrar may decline the application and return or refund any prescribed registration fee and insurance premium paid in respect of the application.\n22—Registrar may require applicant to supply information\nThe Registrar may require a person applying for the registration of a motor vehicle or a permit to provide satisfactory evidence by statutory declaration, weighbridge note or other means as to—\n\t(a)\tany facts upon which the amount of any payment to be made to the Registrar for, or in respect of, registration or insurance depends; or\n\t(b)\tany facts by reason of which the applicant is entitled to be granted registration of the vehicle or a permit without payment of a fee; or\n\t(c)\tany matter in relation to which information is required to be disclosed in the application.\n23—Refusal to register unfit vehicles\nIf a court has ordered that a vehicle not be registered until some condition is complied with, the Registrar must not register that vehicle until satisfied that that condition has been complied with.\n23A—Information required before registration of new vehicles\n\t(1)\tThe Registrar must not register a new motor vehicle unless a report containing the particulars prescribed by regulation has been received in relation to that motor vehicle.\n\t(2)\tA person must not sell, by retail, a new motor vehicle unless a report referred to in subsection (1) has been lodged with the Registrar in relation to that motor vehicle.\nnew motor vehicle means a motor vehicle that has not previously been registered under this Act or the law of any other State or Territory of the Commonwealth.\n24—Duty to grant registration\n\t(1)\tOn application duly made and payment of the prescribed fee, the appropriate insurance premium, the appropriate LSS Fund levy and the stamp duty (if any) payable on the application, the Registrar must, subject to this Act—\n\t(a)\tregister the motor vehicle in the register of motor vehicles—\n\t(i)\tfor a period of—\n\t(A)\tin the case of a heavy vehicle—12 months or 1, 2 or 3 quarters; or\n\t(B)\tin any other case—12 months or 1 quarter; or\n\t(ii)\twhere the Registrar considers it necessary to do so to achieve a common day of expiry of the registration of a number of motor vehicles (being a number that equals or exceeds a number to be determined by the Registrar)—for a period expiring on a day fixed by the Registrar or nominated by the applicant in the application as a common day of expiry in relation to those motor vehicles; or\n\t(iii)\twhere the Registrar considers it appropriate in the circumstances to register the vehicle for some other period nominated by the applicant in the application—for that nominated period,\nat the option of the applicant; and\n\t(b)\trecord in the register of motor vehicles as the owner of the vehicle the person stated in the application to be the owner of the vehicle and as the operator of the vehicle the person stated in the application to be the operator of the vehicle.\n\t(1a)\tDespite subsection (1), the Registrar may register a motor vehicle for a period less than a period referred to in subsection (1)(a)(i) where the registration of the vehicle has been cancelled and application for registration is being made before the day on which the previous registration would, but for cancellation, have expired.\n\t(1b)\tThe registration of a motor vehicle may be renewed despite the expiry of the previous registration provided that—\n\t(a)\tthe person stated in the application for renewal to be the owner of the vehicle is the person last recorded in the register of motor vehicles as the owner of the vehicle; and\n\t(b)\tthe application for renewal is made—\n\t(i)\tin the case of an application for renewal of registration for a period referred to in subsection (1)(a)(i) or (ii)—within 90 days after the expiry of the previous registration; or\n\t(ii)\tin any other case—within 12 months after the expiry of the previous registration.\n\t(1c)\tNotwithstanding the renewal of the registration of a motor vehicle pursuant to subsection (1b), the vehicle is not, for the purposes of this Act, to be taken as registered during the period between expiry of the previous registration and that renewal.\n\t(2)\tThe Registrar may refuse to register a motor vehicle pending investigations (which may include examination of the vehicle)—\n\t(a)\tto verify any information disclosed in the application or any evidence provided by the applicant in response to any requirement of the Registrar under this Act; or\n\t(b)\tto ascertain whether—\n\t(ii)\tthe vehicle would, if driven on a road, put the safety of persons using the road at risk; or\n\t(iii)\tthe vehicle or part of the vehicle is or may be stolen. \n\t(3)\tThe Registrar may refuse to register a vehicle if—\n\t(a)\tthe Registrar reasonably believes that information disclosed in the application or any evidence provided by the applicant in response to a requirement of the Registrar under this Act is or may be inaccurate, incomplete or misleading; or\n\t(c)\tthe Registrar reasonably believes that the vehicle or part of the vehicle is or may be stolen; or\n\t(ca)\tthe vehicle is of a class prescribed for the purposes of this section; or\n\t(d)\tregistration of the vehicle in another State or Territory of the Commonwealth has been cancelled or suspended for reasons that still exist; or\n\t(e)\tthere are unpaid fines or pecuniary penalties arising out of the use of the vehicle in another State or Territory of the Commonwealth.\n\t(4)\tThe Registrar must refuse to register a vehicle if—\n\t(a)\tthe vehicle is a vehicle of a class prescribed for the purposes of section 139(1)(c); and\n\t(b)\tthe vehicle has been examined under section 139; and\n\t(c)\tthe Registrar reasonably believes that because the vehicle does not comply with an Act or law that regulates the design, construction or maintenance of such a vehicle, the vehicle would, if driven on a road, put the safety of persons using the road at risk.\n\t(5)\tThe Registrar may refuse to register a motor vehicle if the Registrar has made a decision under section 71C in relation to the vehicle and the reasons for that decision still exist.\n","sortOrder":5},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Periodic payments","content":"Division 3A—Periodic payments\n24A—Registrar may accept periodic renewal payments\n\t(1)\tThe Registrar may, by notice in the Gazette, determine a scheme (the periodic payment scheme) for periodic payment, by debit to a nominated ADI account, of—\n\t(a)\tregistration renewal fees under this Act; and\n\t(b)\tother amounts payable on renewal of the registration of a motor vehicle under this or any other Act.\n\t(2)\tWithout limiting the periodic payment scheme, the terms of the scheme must set out—\n\t(a)\thow a person can apply to participate in the scheme; and\n\t(b)\thow a person can cancel the person's participation in the scheme; and\n\t(c)\twhen a person's participation in the scheme may be cancelled by the Registrar; and\n\t(d)\tthe period prior to the expiry of the registration of the motor vehicle before which the debit must occur; and\n\t(e)\tdetails of the consequences of failing to comply with the scheme.\n\t(3)\tThe Registrar may, by further notice in the Gazette, vary, substitute or revoke the periodic payment scheme.\n\t(4)\tThe periodic payment scheme may be of general or limited application (and may, to avoid doubt, exclude specified classes of motor vehicles or registrations from its operation).\n\t(5)\tThe provisions of this Act will, by force of this subsection, be taken to be modified to the extent necessary to give effect to the periodic payment scheme.\nNote—\nFor example, the provisions of section 24 that provide for a minimum registration period of 1 quarter will be taken to be modified to allow a registration period of 1 month if the scheme provides for such a period.\n\t(6)\tIf a person applies to participate in the periodic payment scheme in respect of a specified motor vehicle, the Registrar may—\n\t(a)\taccept the person's application to participate in the scheme in respect of the motor vehicle; and\n\t(b)\trenew the registration of the motor vehicle from time to time in accordance with the scheme until the person's participation in the scheme in respect of the motor vehicle is cancelled.\n\t(7)\tA person's participation in the periodic payment scheme in respect of a particular motor vehicle is cancelled if—\n\t(a)\tthe person applies to have the person's participation in the scheme cancelled; or\n\t(b)\tthe registration of the motor vehicle is cancelled under this Act; or\n\t(c)\tthe registration of the motor vehicle is transferred to a different person under this Act; or\n\t(d)\tthe person notifies the Registrar of the transfer of ownership of the motor vehicle in accordance with section 56; or\n\t(e)\tthe Registrar cancels the person's participation in the scheme in accordance with the scheme.\n\t(8)\tA person who is a participant in the periodic payment scheme in respect of a particular motor vehicle must, in accordance with the scheme, notify the Registrar of any change in—\n\t(a)\tthe person's personal particulars or circumstances that may affect an amount to be paid in respect of the registration of the motor vehicle; or\n\t(b)\tsuch other information or circumstances as may be specified under the scheme for the purposes of this subsection.\n\t(9)\tA person who refuses or fails to comply with subsection (8) is guilty of an offence.\n\t(10)\tAn application under this section or for the purposes of the periodic payment scheme must be made in accordance with the scheme.\n\t(11)\tIf registration renewal fees or other amounts payable on renewal of the registration of a motor vehicle fee are debited to an account in accordance with the periodic payment scheme, the Registrar may (but is not, in any circumstances, required to) refund the whole or part of the amount so debited (including, to avoid doubt, where the person's participation in the scheme has been cancelled after the amount has been so debited).\n\t(12)\tWithout limiting any other provision of this Act, the Registrar may give any notice under this section, or under the periodic payment scheme, to a participant in the periodic payment scheme by email, text message or other electronic form of communication.\n\t(13)\tFor the purposes of this section, a reference to an ADI account includes a reference to a credit card account.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Conditional registration","content":"Division 4—Conditional registration\n25—Conditional registration\n\t(1)\tThe Registrar may register a motor vehicle under this section if—\n\t(a)\tthe applicant satisfies the Registrar that the vehicle is of a class prescribed for the purposes of this section; and\n\t(b)\tthe applicant undertakes that the conditions of registration of the vehicle under this section will be complied with; and\n\t(c)\tapplication for registration of the vehicle is made in accordance with section 20 and the fee paid in respect of the registration is the applicable fee fixed by the regulations for the purposes of this section.\n\t(2)\tWhere a motor vehicle is registered under this section—\n\t(a)\tthe period of registration will be the period specified in the regulations; and\n\t(b)\tthe registration of the vehicle is subject to—\n\t(i)\tthe conditions imposed by the regulations;\n\t(ii)\tsuch other conditions (if any) as the Registrar thinks fit to impose and notifies in writing to the applicant; and\n\t(d)\tsubject to the regulations, the registration is not transferable.\n\t(3)\tThe Registrar may, by notice in writing to the registered owner or the registered operator of a motor vehicle registered under this section, vary the conditions of the registration or impose further conditions.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Duration of registration","content":"Division 5—Duration of registration\n26—Duration of registration\n\t(1)\tThe registration of a motor vehicle commences—\n\t(a)\ton the day on which it is granted (or, if a permit is issued under section 16 after an application for registration of the vehicle is made but before the application is granted, the date of issue of the permit); or\n\t(b)\tif the registration is renewed on application made before the expiry of the previous registration—on the day after that expiry.\n\t(2)\tIf the registration of a motor vehicle is renewed on application made after the expiry of the previous registration, the period for which the registration is renewed is to be calculated from the day after that expiry.\n\t(3)\tSubject to this Act, the registration of a motor vehicle expires on the last day of the period for which it was granted or renewed.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Registration fees","content":"Division 6—Registration fees\n27—Regulation of registration fees\nThe Governor may, by regulation—\n\t(a)\tprescribe a scale of registration fees, or provide for the computation or assessment of registration fees, in respect of motor vehicles or any class of motor vehicles; and\n\t(b)\tmake any provision necessary or expedient in relation to the computation or assessment of registration fees or the resolution of any dispute between the Registrar and an applicant for registration as to the appropriate registration fee to be paid on an application for registration of a motor vehicle; and\n\t(c)\tprovide for the public exhibition of lists containing the specifications of motor vehicles of standard models or kinds and any other information relevant to the computation of registration fees.\n28—Payments into National Heavy Vehicle Regulator Fund\n\t(1)\tThe Registrar must, in accordance with a scheme agreed with the National Heavy Vehicle Regulator, pay into the National Heavy Vehicle Regulator Fund any amounts collected or received in respect of the regulatory component of the prescribed registration fees for heavy vehicles.\n\t(2)\tIf the prescribed registration fee for a heavy vehicle is to be reduced by the prescribed amount under section 34 or 37, the prescribed amount is to be deducted from the road use component of the registration fee and not the regulatory component.\nNational Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia);\nNational Heavy Vehicle Regulator Fund means the National Heavy Vehicle Regulator Fund established under the Heavy Vehicle National Law (South Australia);\nregulatory component of the prescribed registration fee means that component of the registration fee prescribed by the regulations or a fee notice under the Legislation (Fees) Act 2019 as the regulatory component of the registration fee;\nroad use component of the prescribed registration fee means that component of the registration fee prescribed by the regulations or a fee notice under the Legislation (Fees) Act 2019 as the road use component of the registration fee.\n31—Registration without fee\n\t(1)\tThe Registrar must register without fee—\n\t(j)\tany motor vehicle owned by an accredited diplomatic officer or accredited consular officer de carriere, who is a national of the country which the officer represents and who resides in the State;\n\t(q)\tany motor vehicle that is to be registered without fee by virtue of the regulations.\n\t(a)\ta motor vehicle has been registered under this section; and\n\t(b)\tan application for registration of the motor vehicle is made otherwise than under this section; and\n\t(c)\tthe motor vehicle has not previously been registered under this Act upon an application by the present applicant in respect of which stamp duty has been paid,\nthe Registrar must treat the application as if the vehicle had not previously been registered under this Act, and registration fees and stamp duty will be payable on the application accordingly.\n\t(3)\tThis section does not apply in relation to a heavy vehicle other than a heavy vehicle of a kind referred to in subsection (1)(j).\n34—Registration fees for primary producers' commercial vehicles\n\t(1)\tIf the owner of a commercial motor vehicle—\n\t(a)\tsatisfies the Registrar by such evidence as the Registrar requires that the owner is a primary producer in this State; and\n\t(b)\tundertakes that that motor vehicle will not, unless the balance of the prescribed registration fee is paid, be used on roads for carrying Her Majesty's mails, goods or passengers for pecuniary reward or for carrying goods in the course of any trade or business other than that of a primary producer,\ncarry, carrying and carriage respectively include haul, hauling and haulage.\n37—Registration fees for vehicles in outer areas\nouter area means—\n\t(a)\tthe whole of Kangaroo Island; or\n\t(ab)\tthe area of the District Council of Coober Pedy; or\n\t(ac)\tthe area of the District Council of Roxby Downs; or\n\t(b)\tall other parts of the State that are not within a municipality, a district council area or Iron Knob.\n\t(1a)\tIn subsection (1)—\nIron Knob means all that portion of County of Manchester within a circle having a radius of 2 415 metres and its centre at the south-western corner of Allotment 270, town of Iron Knob.\n\t(2)\tIf the owner of a motor vehicle undertakes that, unless the balance of the prescribed registration fee is paid, the motor vehicle will, during the period for which registration is applied for—\n\t(a)\tbe used wholly or mainly in outer areas; and\n\t(b)\tbe in the possession and under the control of a person who resides in an outer area; and\n\t(c)\tbe usually kept at premises situated in an outer area,\n37A—Application of sections 38 to 38B\nSections 38 to 38B (inclusive) do not apply in relation to a heavy vehicle.\n38—Registration fees for incapacitated ex-service personnel\n\t(1)\tIf the Registrar is satisfied by such evidence as the Registrar requires that—\n\t(a)\ta motor vehicle is owned by a person who has been a member of a naval, military or air force of Her Majesty; and\n\t(b)\tthe owner, as a result of service in a naval, military or air force, is totally and permanently incapacitated, or is blind, or has lost a leg or foot, or receives under the laws of the Commonwealth relating to repatriation a pension at the rate for total incapacity, or a pension granted by reason of impairment of the power of locomotion at a rate not less than 70 per cent of the rate for total incapacity; and\n\t(c)\tthe motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner,\n\t(b)\tany motor vehicle in respect of the registration of which a reduced fee is payable pursuant to any provision of this Act other than this section.\n\t(3)\tIf the registered owner of a motor vehicle that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void upon the expiration of that period.\n38A—Reduced fees for pensioner entitlement card holders\n\t(1)\tIf the Registrar is satisfied by such evidence as the Registrar requires that the owner of a motor vehicle—\n\t(a)\tis entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares; and\n\t(b)\tthe motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner,\n\t(b)\tany motor vehicle in respect of the registration of which a reduced fee is payable pursuant to any provision of this Act other than this section.\n\t(3)\tIf the registered owner of a motor vehicle that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period.\n38AB—Registration fees for trailers owned by pensioner entitlement card holders\n\t(1)\tIf the Registrar is satisfied by such evidence as the Registrar requires that the owner of a trailer—\n\t(a)\tis entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares; and\n\t(b)\tthe trailer will, during the period for which it is sought to be registered, be wholly or mainly employed in the personal use of the owner,\nthe prescribed registration fee for that trailer must be reduced by the prescribed amount.\n\t(2)\tThis section does not authorise the registration at a reduced fee of more than one trailer owned by the same owner.\n\t(3)\tIf the registered owner of a trailer that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the trailer, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period.\n38B—Registration fees for certain incapacitated persons or carers\n\t(1)\tIf the Registrar is satisfied by such evidence as the Registrar requires—\n\t(a)\tthat—\n\t(i)\tthe owner of a motor vehicle, in consequence of the loss of the use of 1 or both legs, is permanently unable to use public transport; and\n\t(ii)\tthe motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner; or\n\t(b)\tthat—\n\t(i)\tthe owner of a motor vehicle is the parent or legal guardian of a child who, in consequence of the loss by the child of the use of 1 or both of the child's legs, is permanently unable to use public transport; and\n\t(ii)\tthe motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for transporting the child,\n\t(b)\tany motor vehicle in respect of the registration of which a reduced fee is payable pursuant to any provision of this Act other than this section.\n\t(3)\tIf the registered owner of a motor vehicle that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period.\n40—Balance of registration fee\nWhere a vehicle has been registered at a reduced registration fee, the registered owner or the registered operator of the vehicle may, at any time while that registration is in force, pay to the Registrar the balance of the prescribed registration fee, and thereafter during the balance of the period for which it was registered, the vehicle may be used as if it had been registered upon payment of the prescribed registration fee.\n40A—Refund of part of registration fee on eligibility for reduced fee\nWhere a vehicle has been registered upon payment of the prescribed registration fee and the owner of the vehicle becomes entitled to an exemption from, or reduction of, registration fees at any time during the period for which the vehicle is registered, the Registrar has a discretion to refund to the owner of the vehicle such part of the registration fee as the Registrar thinks just in the circumstances.\n41—Misuse of vehicles registered at reduced fees or without fees\nmotor vehicle of restricted registration means a motor vehicle—\n\t(a)\tregistered for a period in respect of which no registration fee has been paid; or\n\t(b)\tregistered for a period in respect of which only a reduced registration fee has been paid.\n\t(2)\tA person must not use or keep a motor vehicle of restricted registration for a purpose or in circumstances contrary to the terms of a statement or undertaking that was made in connection with the application for registration, or transfer of registration, of the vehicle.\n\t(2a)\tA person must not contravene or fail to comply with a condition of registration of a motor vehicle under section 25.\n\t(3)\tWhere a person has been convicted of an offence under this section, the court may order, in addition to any penalty it may have imposed, that the convicted person pay to the Registrar within a period specified in the order—\n\t(a)\tif the motor vehicle was registered without fee—the whole of the prescribed registration fee that would have been payable in respect of the period of registration during which the offence was committed had the motor vehicle not qualified for restricted registration; or\n\t(b)\tif the motor vehicle was registered at a reduced registration fee—the balance between the fee paid and the prescribed registration fee that would have been payable in respect of the period of registration during which the offence was committed had the motor vehicle not qualified for restricted registration,\ntogether with the stamp duty (if any) that would have been payable by the convicted person upon the application for that period of registration had the motor vehicle not qualified for restricted registration.\n\t(4)\tUpon making an order under subsection (3), the court must notify the Registrar in writing of the terms of the order.\n\t(5)\tNotwithstanding any other provision of this Act, registration fees paid pursuant to an order under subsection (3) are not refundable upon subsequent cancellation of registration.\n42—Registration not transferable in certain cases where vehicle registered at reduced fee or for no fee\n\t(1)\tThe registration of a motor vehicle that has been registered without payment of a fee is not transferable unless the transferee satisfies the Registrar that the transferee is entitled to the same exemption from registration fees as the transferor.\n\t(2)\tThe registration of a motor vehicle that has been registered at a reduced registration fee is not transferable unless—\n\t(a)\tthe transferee satisfies the Registrar that the transferee is entitled to the same reduction of registration fees as the transferor; or\n\t(b)\tthe balance of the prescribed registration fee is paid at or before the time of lodgement of an application to transfer the registration of the vehicle to the transferee.\n43—Short payment etc\n\t(1)\tWhere any amount is payable to the Registrar for registration, or insurance, in respect of a motor vehicle—\n\t(a)\tbecause the motor vehicle was incorrectly described in the application for registration of the motor vehicle and the vehicle was consequently registered or insured for less than the full amount payable in respect of the vehicle; or\n\t(b)\tbecause of any alteration of, or addition to, the motor vehicle; or\n\t(c)\tfor any other reason,\nthe Registrar may by notice given in a manner and form determined by the Minister to the registered owner or the registered operator of the motor vehicle demand payment of that amount.\n\t(2)\tThe amount referred to in subsection (1) may be recovered by the Registrar as a debt in any court of competent jurisdiction.\n\t(3)\tIf the amount referred to in subsection (1) is not paid within 14 days after notice under that subsection has been given, the Registrar may, by notice given in a manner and form determined by the Minister to the person registered as the owner or operator of the motor vehicle, cancel the registration.\n\t(4)\tThe Registrar may, without any authority or appropriation other than this subsection, refund upon cancellation of the registration of a motor vehicle under this section such proportion of the amount paid to the Registrar by the person in whose name the motor vehicle was registered, as the Registrar thinks just.\n43A—Temporary configuration certificate for heavy vehicle\n\t(1)\tA person must not drive a registered heavy vehicle on a road in an unregistered configuration unless a temporary configuration certificate is in force under this section in respect of the vehicle for that configuration.\n\t(2)\tIf a person drives a heavy vehicle on a road in contravention of subsection (1), the vehicle will be taken to be unregistered for the purposes of this Act.\n\t(3)\tIf a person is guilty of an offence of driving an unregistered vehicle on a road by virtue of subsection (2), a person who caused or permitted the vehicle to be so driven is also guilty of an offence.\n\t(4)\tIf the registered owner or the registered operator of a registered heavy vehicle—\n\t(a)\tapplies for a temporary configuration certificate to be issued in respect of the vehicle for a configuration other than the vehicle's registered configuration; and\n\t(b)\tpays to the Registrar—\n\t(i)\ta fee equal to the product obtained by multiplying the number of days in the period for which the certificate is to be in force or 90 days (whichever is the greater) by one-three hundred and sixty fifth of the difference between—\n\t(A)\tthe prescribed registration fee that would be payable for registration of the vehicle for 12 months if that other configuration were nominated in an application for such registration; and\n\t(B)\tthe prescribed registration fee that would be payable for registration of the vehicle for 12 months if its registered configuration were nominated in an application for such registration,\n(a fraction of one dollar being counted as one dollar); and\n\t(ii)\tthe prescribed administration fee,\nthe Registrar may issue such a certificate to the registered owner or the registered operator of the vehicle.\n\t(5)\tA certificate may be issued under this section in respect of a vehicle so as to be in force for a period specified in the certificate at the option of the applicant, being a period not exceeding the unexpired portion of the vehicle's registration.\n\t(6)\tA certificate under this section will be in a form determined by the Minister.\n\t(7)\tA person who drives a vehicle on a road while a certificate is in force in respect of the vehicle under this section must—\n\t(a)\tcarry the certificate in the vehicle; and\n\t(b)\tif so required by a police officer or an authorised officer, produce the certificate for inspection by the police officer or authorised officer.\n\t(8)\tIf the Registrar is satisfied that a certificate under this section has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate.\n\t(9)\tThe Registrar may, on application by the holder of a certificate under this section, cancel the certificate.\n\t(10)\tIf the registration of a vehicle in respect of which a certificate is in force under this section is cancelled or transferred, the certificate is cancelled.\n\t(11)\tSubject to subsection (12), if a certificate under this section is cancelled, any registration fee paid for the issue of the certificate is not refundable.\n\t(12)\tThe Registrar may, if satisfied that reasonable cause exists for doing so, refund all or part of a fee (other than an administration fee) paid for the issue of a certificate under this section.\n\t(13)\tWhere the person recorded in the register of motor vehicles as the owner or the operator of a heavy vehicle is convicted of an offence of driving the vehicle while it is unregistered by virtue of subsection (2) or of an offence against subsection (3), the court must order, in addition to any other penalty it may have imposed, that the convicted person pay to the Registrar within a period specified in the order, the difference between—\n\t(a)\tthe prescribed registration fee that would have been payable for registration of the vehicle for the period for which the vehicle's registration was effected if the current configuration of the vehicle at the time of the offence had been nominated in the application for the registration of the vehicle; and\n\t(b)\tthe prescribed registration fee that was paid for registration of the vehicle.\n\t(14)\tOn making an order under subsection (13), the court must notify the Registrar in writing of the terms of the order.\n\t(15)\tDespite any other provision of this Act, registration fees paid pursuant to an order under subsection (13) are not refundable on subsequent cancellation of registration.\n\t(16)\tFor the purposes of this section—\n\t(a)\tcurrent configuration, in relation to a registered heavy vehicle, means the vehicle in its current form together with the trailers (within the meaning of the regulations), if any, that are being hauled by the vehicle;\n\t(b)\tregistered configuration, in relation to a registered heavy vehicle, means the configuration nominated in the application for the registration of the vehicle;\n\t(c)\tthe current configuration of a registered heavy vehicle will be taken to be an unregistered configuration if—\n\t(i)\tit does not conform to the vehicle's registered configuration; and\n\t(ii)\tthe amount paid for registration in respect of the vehicle was less than the amount that would have been payable if the vehicle's current configuration had been nominated in the application for the registration of the vehicle.\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Duty to notify alterations or additions to vehicles","content":"Division 7—Duty to notify alterations or additions to vehicles\n44—Duty to notify alterations or additions to vehicles\n\t(1)\tIf an alteration or addition prescribed by the regulations is made to a motor vehicle during the period for which it is registered, the Registrar must, within 14 days after the making of the alteration or addition, be given written notice containing particulars of the alteration or addition.\n\t(1a)\tThe Registrar may require a person who gives notice under subsection (1) to provide satisfactory evidence by statutory declaration or other means to verify the information disclosed in the notice.\n\t(3)\tIf a motor vehicle is altered or added to during the period for which it is registered and the alteration or addition is such that, if it had been made before the registration, the fee for that registration would have been more than the amount paid, the Registrar must, within 28 days after the making of the alteration or addition, be paid as an additional fee the amount that bears to the difference the same proportion as the number of months in the unexpired period of the registration (portion of a month being treated as a month) bears to the number of months in the period of registration.\n\t(3a)\tIn calculating an additional fee payable under this section, any amount of cents not exceeding five cents will be excluded and any amount of cents exceeding five cents will be counted as ten cents.\n\t(3b)\tDespite subsections (3) and (3a), the regulations may, for cases of a prescribed kind, provide a different method for calculating an additional fee payable under subsection (3).\n\t(4)\tIf a requirement of subsection (1) or (3) is not complied with, the registered owner and the registered operator of the vehicle are each guilty of an offence.\n\t(4a)\tIf a person does not comply with a requirement made of the person under subsection (1a), the person is guilty of an offence.\n\t(5)\tIn proceedings for an offence against this section, the court may, in addition to imposing a fine, order the defendant to pay to the Registrar any additional fee for which the defendant is liable under subsection (3).\nalteration, in relation to a vehicle, includes the wrecking of the vehicle or the disassembling of the vehicle or part of the vehicle for salvage.\n45—Refund where vehicle altered\nIf a motor vehicle is altered during the period for which it was registered and the alteration is such that, if it had been made before the registration, the fee for that registration would have been less than the amount paid, the Registrar has a discretion to refund to the registered owner or the registered operator of the vehicle such part of the registration fee as the Registrar thinks just in the circumstances.\n","sortOrder":10},{"sectionNumber":"Div 8","sectionType":"division","heading":"Numbers and number plates","content":"Division 8—Numbers and number plates\n46—Allotment of number on registration\n\t(1)\tOn registering a motor vehicle under this Act, the Registrar must allot a number to the vehicle.\n\t(2)\tThe Registrar may, at any time, vary or amend the number allotted to a vehicle under subsection (1).\n47—Duty to carry number plates\n\t(1)\tA person must not drive a motor vehicle, or cause a motor vehicle to stand, on a road unless a number plate or plates—\n\t(a)\tthat conform to the specifications and design prescribed for number plates of a class established under section 47A; and\n\t(b)\tthat bear the number allotted to the vehicle under this Act,\nare attached to the vehicle in accordance with the regulations.\n\t(1a)\tIf a motor vehicle is driven, or caused to stand, on a road in contravention of subsection (1), the registered owner and the registered operator of the vehicle are each guilty of an offence.\n\t(1b)\tIt is a defence to a charge of an offence against subsection (1a) to prove that, in consequence of some unlawful act, the vehicle was not in the possession or control of the defendant at the time it was driven or left standing on the road.\n\t(2)\tThis section does not apply to—\n\t(a)\ta motor vehicle exempted from registration under this Act; or\n\t(b)\ta motor vehicle in relation to which a permit has been issued under this Act permitting the vehicle to be driven without registration; or\n\t(ba)\ta registered motor vehicle during the period from receipt by the Registrar of a duly made application for a number plate or plates for the vehicle and the end of the day following the day on which the number plate or plates are delivered to the applicant; or\n\t(c)\ta person who fails to comply with this section by reason of damage caused by a collision or other road accident where the person has had no reasonable opportunity to repair the damage.\n47A—Classes of number plates and agreements for allotment of numbers\n\t(1)\tThe Registrar may, by notice published in the Gazette, establish different classes of number plates and prescribe the specifications and design to which number plates of each class must conform.\n\t(2)\tThe Registrar may, in a notice under subsection (1), declare that number plates of a particular class may not be attached to a motor vehicle except pursuant to an agreement under subsection (4).\n\t(3)\tThe Registrar may, by notice published in the Gazette, vary or revoke a notice under this section.\n\t(4)\tThe Registrar may enter into an agreement with a person providing for any of the following matters:\n\t(a)\tthe right to be allotted a particular number in respect of a vehicle registered or to be registered in the person's name as an owner;\n\t(b)\tthe right to attach number plates of a particular class to a vehicle registered or to be registered in the person's name as an owner;\n\t(c)\tthe assignment of rights conferred under the agreement;\n\t(d)\tsuch other matters relating to registration numbers or number plates as the Registrar thinks fit.\n\t(5)\tAn agreement may be made under subsection (4)—\n\t(a)\tupon payment to the Registrar of such fee as the Registrar may require; or\n\t(b)\tby the sale by public auction of rights of the kind referred to in that subsection.\n\t(6)\tThis section does not affect the duty of the Registrar, in the absence of any agreement under subsection (4), to allot a number to a vehicle upon registering the vehicle.\n\t(7)\tA person must not drive a motor vehicle on a road, being a vehicle to which a number plate or plates of a class in respect of which a declaration has been made under subsection (2) are attached, unless a registered owner of the vehicle acquired the right to attach the number plate or plates to the vehicle pursuant to an agreement under subsection (4).\n47B—Issue of number plates\n\t(1)\tThe registered owner or the registered operator of a motor vehicle to which a number has been allotted under this Act may obtain a number plate bearing that number—\n\t(a)\tupon payment of the prescribed fee, from the Registrar; or\n\t(b)\tfrom a person approved by the Minister to sell or supply number plates.\n\t(2)\tNo person other than a person approved by the Minister may sell or supply number plates of a kind required to be attached to motor vehicles under this Act.\n47C—Return, recovery etc of number plates\n\t(1)\tThe Registrar must, before cancelling the registration of a motor vehicle on application by the registered owner or the registered operator, be satisfied in respect of any number plates issued for the vehicle that—\n\t(a)\tthe plates have been returned to the Registrar; or\n\t(b)\tthe plates cannot be returned because they have been destroyed or stolen; or\n\t(c)\tthere is a proper reason why the applicant should be allowed to retain the plates.\n\t(2)\tIf the registration of a motor vehicle—\n\t(a)\thas expired; or\n\t(b)\thas become void or has been found to have been void; or\n\t(c)\tis cancelled otherwise than on application as referred to in subsection (1),\nthe Registrar may, by notice given in a manner and form determined by the Minister to the owner of the vehicle or the person who is or was last registered as the owner or the operator of the vehicle, direct the person to either—\n\t(d)\tdestroy the number plates; or\n\t(e)\tsurrender the number plates to the Registrar; or\n\t(f)\tensure that the number plates are securely stored so that they cannot be affixed to any motor vehicle that is driven, or allowed to stand on, a road,\nwithin the period specified in the notice.\n\t(3)\tA person must not fail, without reasonable excuse, to comply with a direction under subsection (2).\n\t(4)\tSubject to the regulations, if the registration of a motor vehicle—\n\t(a)\thas expired and has not been renewed within the period allowed for renewal; or\n\t(b)\thas become void or has been found to have been void; or\n\t(c)\thas been cancelled,\nthe Registrar, a police officer or an authorised officer may seize any number plates (other than number plates of a prescribed kind) issued for the vehicle and, for the purpose of so doing, may, at any reasonable time, enter and remain on any land or premises.\n47D—Offences in connection with number plates\n\t(1)\tA person must not—\n\t(a)\tdrive on a road, or cause to stand on a road, a motor vehicle to which is attached a number plate that bears a number other than a number allotted to the vehicle; or\n\t(b)\tdrive on a road, or cause to stand on a road, a motor vehicle to which is attached a number plate that has been altered, defaced, mutilated or added to; or\n\t(c)\tdrive on a road, or cause to stand on a road, a motor vehicle to which is attached a colourable imitation of a number plate; or\n\t(d)\twithout lawful excuse, have in the person's possession a number plate or an article resembling a number plate that is liable to be mistaken for a number plate.\n\t(2)\tIf a motor vehicle is driven, or caused to stand, on a road in contravention of subsection (1)(a), (b) or (c), the registered owner and the registered operator of the vehicle are each guilty of an offence.\n\t(3)\tIt is a defence to a charge of an offence against subsection (2) to prove that, in consequence of some unlawful act, the vehicle was not in the possession or control of the defendant at the time it was driven or left standing on the road.\n","sortOrder":11},{"sectionNumber":"Div 10","sectionType":"division","heading":"Suspension, cancellation and transfer of registration","content":"Division 10—Suspension, cancellation and transfer of registration\n54—Cancellation of registration and refund on application\n\t(1)\tSubject to this Act, the Registrar must, on application by the registered owner or the registered operator of a motor vehicle made in a manner and form determined by the Minister, cancel the registration of the vehicle.\n\t(2)\tWhere a registration is cancelled under this section, the Registrar must pay, or place to the credit of, the applicant any refund required under the regulations.\n55A—Suspension and cancellation of registration by Registrar\n\t(1)\tSubject to this section, the Registrar may suspend or cancel the registration of a motor vehicle if—\n\t(a)\tthe Registrar reasonably believes that—\n\t(i)\tany information disclosed in the application for registration of the vehicle, or, if the registration has been transferred, in the application for transfer of the registration, is or may be inaccurate, incomplete or misleading; or\n\t(ii)\tany evidence provided by the applicant in response to a requirement of the Registrar under this Act is or may be inaccurate, incomplete or misleading; or\n\t(c)\tin the case of a vehicle in relation to which notice is required to be given to the Registrar under section 44—\n\t(i)\tnotice is not given as required by that section; or\n\t(ii)\ta requirement of the Registrar under that section to provide evidence to verify any information disclosed in a notice given under that section is not complied with; or\n\t(iii)\tthe Registrar reasonably believes that any information disclosed in a notice given under that section is or may be inaccurate, incomplete or misleading; or\n\t(iv)\tthe Registrar reasonably believes that any evidence provided in response to a requirement of the Registrar under that section is or may be inaccurate, incomplete or misleading; or\n\t(d)\tthe Registrar reasonably believes that information recorded in the register of motor vehicles in relation to the vehicle is or may be inaccurate, incomplete or misleading; or\n\t(e)\tin the case of a vehicle in relation to which the Registrar has, under section 138, required evidence to be provided relevant to the continuation of the registration of the vehicle—\n\t(i)\tevidence is not provided as required by that section; or\n\t(ii)\tthe Registrar reasonably believes that any evidence provided under that section is or may be inaccurate, incomplete or misleading; or\n\t(f)\tthe vehicle has been destroyed or damaged beyond repair; or\n\t(g)\tthe vehicle was registered in error.\n\t(2)\tThe Registrar may, after cancelling the registration of a motor vehicle under this section, at the Registrar's discretion, refund such part of the amount paid in respect of the registration of the vehicle as the Registrar thinks just.\n\t(3)\tIf the Registrar decides to suspend the registration of a motor vehicle, the Registrar must give the registered owner or the registered operator of the vehicle notice in writing of—\n\t(a)\tthe reasons for the suspension; and\n\t(b)\tthe date on which the registration is to be suspended; and\n\t(c)\tthe action required to be taken to avoid the suspension or have the suspension removed.\n\t(4)\tThe Registrar must not cancel the registration of a motor vehicle under this section unless the Registrar—\n\t(a)\thas suspended the registration and believes that the reason for the suspension still exists; and\n\t(b)\thas given notice in writing to the registered owner or the registered operator—\n\t(i)\tadvising that the Registrar has decided to cancel the registration of the vehicle and giving the reasons for the decision; and\n\t(ii)\tspecifying any action required to be taken to have the suspension removed and to avoid the cancellation; and\n\t(iii)\tstating that, if that action is not taken within 14 days after the date specified in the notice for that purpose, the cancellation will then take effect; and\n\t(iv)\tadvising of the right to apply for review of the decision.\n\t(5)\tThe Registrar may remove the suspension of the registration of a motor vehicle if the Registrar thinks fit and must do so if satisfied that the action required to be taken to have the suspension removed has in fact been taken.\n\t(6)\tIf the action stated in a notice under subsection (4) is not taken within the period specified in the notice, the registration of the motor vehicle is cancelled at the end of the period.\n55B—Notice to be given to Registrar\n\t(1)\tIf a court makes an order—\n\t(a)\tsuspending or cancelling the registration of a motor vehicle; or\n\t(b)\tdisqualifying a person from registering a motor vehicle,\nthe proper officer of the court must notify the Registrar in writing of the date of the order, the nature of the order (including the period of any disqualification) and short particulars of the grounds on which the order was made.\n\t(2)\tIf any such order is quashed or varied by a court on appeal, the proper officer of the court must forthwith notify the Registrar in writing of the date of the order made on the appeal and the effect of the order.\nproper officer means—\n\t(a)\tin relation to the Supreme Court, the registrar of that court;\n\t(b)\tin relation to any other court, the clerk of that court.\n55C—Action following disqualification or suspension outside State\n\t(1)\tIf a person is disqualified from registering a motor vehicle in another State or Territory of the Commonwealth, the Registrar must—\n\t(a)\tif the person is the registered operator of the motor vehicle under this Act, cancel the registration of the motor vehicle;\n\t(b)\trefuse to register the motor vehicle in the name of the person as an owner or operator during the period of disqualification.\n\t(2)\tIf an order is made in another State or Territory of the Commonwealth that the registration of a motor vehicle be suspended, the Registrar must, if the motor vehicle is registered under this Act, suspend the registration of the motor vehicle.\n56—Duty of transferor on transfer of vehicle\nIf the ownership of a motor vehicle is transferred (whether on a sale or other transaction) at any time during the currency of its registration, the transferor must—\n\t(a)\twithin 7 days after the transfer—lodge with the Registrar an application for cancellation of the registration of the vehicle; or\n\t(b)\tdo the following:\n\t(i)\twithin 7 days after the transfer—\n\t(A)\tgive to the transferee the prescribed documents in respect of the vehicle; and\n\t(B)\tcomplete and sign a notice of the transfer of ownership of the vehicle in a form determined by the Minister;\n\t(ii)\twithin 14 days after the transfer—lodge with the Registrar the notice referred to in subsubparagraph (B).\n57—Duty of transferee on transfer of vehicle\n\t(1)\tIf the ownership of a motor vehicle is transferred not later than 14 days before the expiration of the registration of the vehicle, the transferee must, within 7 days after the transfer, sign a notice under section 56(b)(i)(B).\n\t(2)\tIf—\n\t(a)\tthe ownership of a motor vehicle is transferred not later than 14 days before the expiration of the registration of the vehicle; and\n\t(b)\tan application to cancel the registration is not lodged with the Registrar within 7 days after the transfer,\nthe transferee must, within 14 days after the transfer—\n\t(c)\tlodge with the Registrar—\n\t(i)\tan application to transfer the registration of the vehicle; and\n\t(ii)\tthe prescribed documents in respect of the vehicle; and\n\t(d)\tpay the prescribed fee for the transfer; and\n\t(e)\tpay the stamp duty (if any) payable on the application.\n\t(2a)\tIf the transferee fails to lodge an application required under subsection (2) within 14 days after the transfer of the vehicle, the Registrar may refuse to enter into any transaction with the transferee until such an application has been lodged.\n\t(a)\tthe transferee fails to lodge an application required under subsection (2) within 14 days after the transfer of the vehicle; and\n\t(b)\tthe transferee—\n\t(i)\tlodges the application after the expiration of that period; or\n\t(ii)\tlodges an application to register the vehicle,\nthe Registrar may charge, in addition to the fee prescribed under this Act for the transfer of registration, a late payment fee determined in accordance with the regulations.\n\t(4)\tThe Registrar may, if satisfied that reasonable cause exists for doing so, extend the time for lodging an application for transfer of registration.\n\t(5)\tAn application for the transfer of the registration of a motor vehicle must—\n\t(a)\tbe made in a manner and form determined by the Minister; and\n\t(b)\tstate correctly the following particulars:\n\t(i)\tthe full name of the new owner of the vehicle;\n\t(ii)\tif the new owner of the vehicle is a natural person—the address at which the new owner is ordinarily resident;\n\t(iii)\tif the new owner of the vehicle is a body corporate—the address of the principal place of business in this State of the body corporate;\n\t(iv)\tthe full name of the operator of the vehicle (whether or not that person is the new owner or one of the new owners of the vehicle);\n\t(v)\tif the operator is not the new owner or one of the new owners of the vehicle and is a natural person—the address at which that person is ordinarily resident;\n\t(vi)\tif the operator is not the new owner or one of the new owners of the vehicle and is a body corporate—the address of the principal place of business in this State of the body corporate;\n\t(vii)\tthe garage address of the vehicle;\n\t(viii)\tin the case of an application for transfer of registration of a heavy vehicle—the configuration of the vehicle for the unexpired period of registration.\n\t(6)\tIf application is made for the transfer of registration of a motor vehicle that has been taken on hire, the Registrar may dispense with—\n\t(a)\tthe requirement that the application state the name and address of any new owner of the vehicle other than the person who has taken the vehicle on hire; or\n\t(b)\tthe requirement that the application state the name and address of the person who has taken the vehicle on hire,\nas the Registrar thinks fit.\n\t(7)\tIf an application for transfer of registration of a motor vehicle falsely states the name of the new owner or of the operator of the vehicle, any registration of the vehicle in the name of the transferee pursuant to that application is void and of no effect.\n\t(8)\tAn application cannot be made or granted for—\n\t(a)\ta person under the age of 18 years to be registered as the new owner or the operator of a heavy vehicle; or\n\t(b)\ta person under the age of 16 years to be registered as the new owner or the operator of a motor vehicle other than a heavy vehicle; or\n\t(c)\ta garage address outside this State to be registered as a motor vehicle's garage address.\n57A—Power of Registrar to record change of ownership of motor vehicle\nIf an application to transfer the registration of a motor vehicle has not been lodged with the Registrar but—\n\t(a)\ta notice under section 56(b)(i)(B) in relation to the vehicle has been lodged with the Registrar; or\n\t(b)\tthe Registrar is satisfied on the basis of other evidence that the ownership of the vehicle has been transferred to a particular person,\nthe Registrar may, without registering the vehicle in the name of the transferee, record on the register the transferee as the owner of the vehicle.\n58—Transfer of registration\n\t(1)\tWhen the prescribed documents in respect of a motor vehicle and an application to transfer the registration are lodged with the Registrar and the prescribed transfer fee and the stamp duty (if any) payable on the application paid, the Registrar must, subject to this Act, register the vehicle in the name of the transferee for the balance of the period of registration.\n\t(2)\tThe Registrar may require a person applying for transfer of the registration of a motor vehicle to provide satisfactory evidence by statutory declaration or other means as to any matter in relation to which information is required to be disclosed in the application.\n\t(3)\tThe Registrar may refuse to transfer the registration of a motor vehicle pending investigations (which may include examination of the vehicle)—\n\t(a)\tto verify any information disclosed in the application or any evidence provided by the applicant in response to any requirement of the Registrar under this Act; or\n\t(b)\tto ascertain whether—\n\t(ii)\tthe vehicle would, if driven on a road, put the safety of persons using the road at risk; or\n\t(iii)\tthe vehicle or part of the vehicle is or may be stolen. \n\t(4)\tThe Registrar may refuse to transfer the registration of the vehicle if—\n\t(a)\tthe Registrar reasonably believes that information disclosed in the application or any evidence provided by the applicant in response to a requirement of the Registrar under this Act is or may be inaccurate, incomplete or misleading; or\n\t(c)\tthe Registrar reasonably believes that the vehicle or part of the vehicle is or may be stolen.\n\t(5)\tThe Registrar must refuse to transfer the registration of a vehicle if—\n\t(a)\tthe vehicle is a vehicle of a class prescribed for the purposes of section 139(1)(c); and\n\t(b)\tthe vehicle has been examined under section 139; and\n\t(c)\tthe Registrar reasonably believes that because the vehicle does not comply with an Act or law that regulates the design, construction or maintenance of such a vehicle, the vehicle would, if driven on a road, put the safety of persons using the road at risk.\n\t(6)\tThe Registrar may refuse to transfer the registration of a motor vehicle if the Registrar has made a decision under section 71C in relation to the vehicle and the reasons for that decision still exist.\n59—Non-transferable registrations\nIf a registration is not transferable, no application to transfer the registration may be required or made.\n60—Cancellation of registration where failure to transfer after change of ownership\n\t(1)\tIf no application for the cancellation or transfer of the registration of a motor vehicle has been lodged—\n\t(a)\twithin 14 days after the transfer of ownership of the vehicle; or\n\t(b)\twhere the Registrar has, under section 57(4), extended the time for the lodgement of an application to transfer the registration, within that time,\nthe Registrar may cancel the registration.\n\t(2)\tThe Registrar must, after cancelling the registration, on application by the transferee, make any refund required under the regulations.\n60A—Lodgement of applications, notices etc\nFor the purposes of sections 56, 57, 57A, 58 and 60 of this Act, a requirement to lodge an application, notice or other document with the Registrar will be taken to have been met if all the information required to be included in the application, notice or other document is provided to the Registrar in a manner determined by the Minister.\n61—Hire-purchase transactions\n\t(1)\tWhere a motor vehicle is registered in the name of a person who takes the vehicle on hire in pursuance of a hire-purchase agreement, the passing of the ownership of the vehicle to that person is not a transfer within the meaning of this Act.\n\t(a)\tan owner has, pursuant to a hire-purchase agreement, repossessed a motor vehicle registered in the name of the person who took the vehicle on hire in pursuance of the agreement; and\n\t(b)\tthe hirer has lost any legal right to obtain the return of the vehicle,\nsection 57 applies in relation to the owner as if—\n\t(c)\tthe hirer had transferred the ownership of the vehicle to the owner at the time the right to obtain the return of the vehicle was lost; and\n\t(d)\tthe reference to \"the transferee\" in that section were a reference to \"the owner\",\nand sections 58 and 60 have effect accordingly.\n\t(4)\tWhere a hirer of a motor vehicle in whose name the vehicle is registered—\n\t(a)\treturns the vehicle to the owner on termination of the hiring; or\n\t(b)\tif the vehicle is the subject of a hire-purchase agreement, voluntarily returns the vehicle to the owner,\nthe return will be taken to be a transfer for the purposes of sections 56, 57, 58 and 60.\n61A—Removal of number plates by Chief Recovery Officer\nIf the Chief Recovery Officer forwards to the Registrar number plates that have been seized from a motor vehicle under section 43 of the Fines Enforcement and Debt Recovery Act 2017, the Registrar—\n\t(a)\tmay cancel the registration of the vehicle; and\n\t(b)\tmust, if the registration of the vehicle is cancelled under paragraph (a), pay to the Chief Recovery Officer the refund (if any) to which the registered owner or registered operator would have been entitled under section 54(2) if the registration of the vehicle had been cancelled under section 54(1).\n","sortOrder":12},{"sectionNumber":"Div 11","sectionType":"division","heading":"Trade plates","content":"Division 11—Trade plates\n62—Issue of trade plates\n\t(1)\tIf the Registrar is satisfied, on such evidence as the Registrar may require, that a person is engaged in a business in which trade plates are reasonably required for use for a purpose of a kind prescribed by the regulations and stated in the person's application, the Registrar may, on payment of the prescribed fee, issue to the person such number of trade plates as the Registrar considers necessary, having regard to the person's business requirements.\n\t(2)\tThe Registrar may, in determining whether an applicant for the issuing of trade plates satisfies the requirements of subsection (1), seek the advice and assistance of a person or body that represents the interests of those engaged in a business of the kind in which the applicant is engaged.\n\t(3)\tFor the purposes of subsection (2), the Registrar may enter into an arrangement with a person or body on such terms and conditions as the Registrar thinks fit.\n\t(4)\tThe Registrar must keep a record showing the name and place of business of every person to whom a trade plate has been issued under this section.\n\t(6)\tThe Registrar may issue a trade plate to any person or persons in a business name registered in accordance with the Business Names Registration Act 2011 of the Commonwealth under which that person or those persons carry on business.\n\t(7)\tA trade plate will be taken to have been issued on a date determined by the Registrar in respect of that trade plate and will not be effective for the purposes of this Act before that date.\n64—Specifications of plates\nEvery trade plate must bear a distinctive number and conform to such specifications as the Registrar may determine.\n65—Duration\nA trade plate may be issued for a period of 12 months, 2 years or 3 years at the option of the applicant, and may be reissued for any such period.\n66—Use of vehicle to which trade plates are affixed\n\t(1)\tA motor vehicle to which trade plates are affixed in accordance with the regulations may be driven on a road for a purpose of a kind prescribed by the regulations and stated in the application for the issuing of the plates.\n\t(2)\tIf a motor vehicle to which trade plates are affixed is driven on a road other than for a purpose of a kind prescribed by the regulations and stated in the application for the issuing of the plates—\n\t(a)\tthe driver of the vehicle; and\n\t(b)\twhere the driver of the vehicle is not the person to whom the trade plates were issued—that person,\nare each guilty of an offence.\n70—Return of trade plates and refunds\n\t(1)\tA person to whom a trade plate has been issued may surrender it to the Registrar at any time.\n\t(2)\tSubject to section 71, if a person who holds a trade plate ceases to carry on the business in relation to which that plate was issued, the person must, within seven days of ceasing to carry on that business—\n\t(a)\tin the case of the purchase or acquisition of the business by another person, notify the Registrar in writing of the name and address of that other person and the date of the sale or acquisition; or\n\t(b)\tin any other case, surrender the plate to the Registrar.\n\t(4)\tWhere a person fails to surrender a trade plate pursuant to subsection (2), a police officer or an authorised officer may take possession of the trade plate and for that purpose enter and search any premises or place.\n\t(5)\tIf a person surrenders a trade plate to the Registrar under this section, the Registrar must make any refund required under the regulations.\n71—Transfer of trade plates\n\t(1)\tA person must, within seven days of purchasing or acquiring a business in relation to which a trade plate is held, apply in writing to the Registrar for the transfer of that plate.\n\t(2)\tUpon an application under this section, the Registrar may, upon payment of the prescribed fee, cause the trade plate to be transferred to the person who has purchased or acquired the business for the remainder of the period for which the plate was issued.\n\t(3)\tThe transferee of a trade plate will for the purposes of this Act be taken to be the person to whom that plate was issued.\n","sortOrder":13},{"sectionNumber":"Div 12","sectionType":"division","heading":"Property in and replacement of plates and documents","content":"Division 12—Property in and replacement of plates and documents\n71A—Property in plates and documents\nNumber plates, trade plates and prescribed documents issued under this Act remain the property of the Crown.\n71B—Replacement of plates and documents\n\t(1)\tIf the Registrar is satisfied by statutory declaration or such other evidence as the Registrar may require that a number plate, trade plate or prescribed document issued in respect of a motor vehicle has been lost, stolen, damaged or destroyed, the Registrar may, on application made in a manner and form determined by the Minister and payment of the prescribed fee, issue, or authorise the issue of, a replacement number plate, trade plate or prescribed document.\n\t(1a)\tHowever, if a number plate has been seized by the Chief Recovery Officer under the Fines Enforcement and Debt Recovery Act 2017, a person may not make application for a replacement number plate unless the application is authorised in writing by the Chief Recovery Officer.\n\t(2)\tThe person to whom a replacement plate or document is issued under subsection (1) must, if the original plate or document is found or recovered, return it to the Registrar.\n","sortOrder":14},{"sectionNumber":"Div 13","sectionType":"division","heading":"Miscellaneous","content":"Division 13—Miscellaneous\n71C—Powers of Registrar in relation to offensive material displayed on motor vehicles\n\t(1)\tSubject to this section, if the Registrar is given an advertising code breach notice in relation to a motor vehicle by Ad Standards the Registrar may do either or both of the following:\n\t(a)\trefuse to enter into any transaction—\n\t(i)\twith the registered owner or the registered operator of the motor vehicle to which the advertising code breach notice (whether in relation to that motor vehicle or any other motor vehicle); and\n\t(ii)\twith any other person in relation to the motor vehicle to which the advertising code breach notice relates;\n\t(b)\tcancel the registration of the motor vehicle to which the advertising code breach notice relates.\n\t(2)\tThe Registrar must, before acting under subsection (1), give notice to the registered owner or the registered operator of the motor vehicle to which the advertising code breach relates—\n\t(a)\tadvising the owner or operator of the Registrar's decision under that subsection; and\n\t(b)\tspecifying the action that must be taken, and the period within which it must be taken, to avoid the Registrar acting under subsection (1); and\n\t(c)\tadvising of the right to apply to the Tribunal for a review of the Registrar's decision.\n\t(3)\tIf the Registrar is notified by Ad Standards that Ad Standards has withdrawn the advertising code breach notice relating to the motor vehicle—\n\t(a)\tthe Registrar must inform the registered owner or the registered operator of the vehicle that the advertising code breach notice in relation to the vehicle has been withdrawn; and\n\t(b)\tthe Registrar must not take action under subsection (1).\n\t(4)\tIf, before the Registrar takes action under subsection (1), the Registrar is notified that material of an offensive nature is no longer displayed on the motor vehicle, the Registrar must not take action under subsection (1).\n\t(5)\tIf the registration of a motor vehicle is cancelled under this section, no part of any amount paid in respect of the registration of the vehicle is refundable.\nAd Standards means—\n\t(a)\tif the regulations prescribe a body for the purposes of this definition—that body; or\n\t(b)\tif the regulations do not prescribe a body for the purposes of this definition—the Australian Association of National Advertisers (ACN 003 179 673);\nadvertising code means—\n\t(a)\tthe document entitled AANA Code of Ethics published by the Australian Association of National Advertisers (ACN 003 179 673), as in force from time to time; or\n\t(b)\ta document that—\n\t(i)\tconstitutes a code of ethics or standard for advertising; and\n\t(ii)\tis prescribed by the regulations to be an advertising code for the purposes of this section;\nadvertising code breach determination means a determination of Ad Standards (or, if a body has been appointed by Ad Standards to make such a determination, that body) that material appearing on a specified motor vehicle breaches the advertising code;\nadvertising code breach notice means a notice—\n\t(a)\tsetting out the details of an advertising code breach determination; and\n\t(b)\tspecifying that the determination is final.\n\t(7)\tThis section does not apply in relation to any—\n\t(a)\telectoral advertisement as defined in the Electoral Act 1985; or\n\t(b)\telectoral material as defined in the Local Government (Elections) Act 1999; or\n\t(c)\telectoral matter as defined in the Commonwealth Electoral Act 1918 of the Commonwealth; or\n\t(d)\tmaterial of a prescribed kind.\n","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Drivers' licences","content":"Part 3—Drivers' licences\n72—Classification of licences\n\t(1)\tA licence must be assigned 1 or more prescribed classifications.\n\t(2)\tSubject to this Act, if a person applies for the grant or renewal of a licence and the licence is granted or renewed (as the case may be), the Registrar must ensure that the licence is assigned the classification for which the person has applied.\n\t(a)\tan applicant for the renewal of a licence applies for the licence to be assigned any further or other classification; and\n\t(b)\tthe Registrar is satisfied that the applicant is competent to drive a motor vehicle in respect of which that further or other classification is required under this Act,\nthe Registrar must ensure that the licence, if renewed, is assigned that further or other classification.\n\t(4)\tIf the Registrar is satisfied that a person who holds a licence is competent to drive motor vehicles for which a licence assigned a further or other classification is required under this Act, the Registrar must ensure that the licence is assigned the appropriate further or other classification.\n\t(5)\tThe Registrar may, for the purposes of this section, require a person who holds a licence or applies for the grant or renewal of a licence to provide evidence to the satisfaction of the Registrar of the person's competency to drive motor vehicles for which a particular classification is required under this Act.\n\t(6)\tThe regulations may provide that, for the purposes of this Act, a person is to be taken to hold a licence that is assigned a particular classification if the person has held a licence of some other classification for a prescribed period (the qualifying period).\n\t(7)\tSubject to the regulations, a classification assigned to a licence must be endorsed on the licence.\n\t(8)\tFor the purposes of this Act, in determining whether a person has held a licence for the qualifying period, any period during which—\n\t(a)\tthe person's licence was suspended; or\n\t(b)\tthe person was disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth,\nis not to be taken into account.\n72A—Qualified supervising drivers\n\t(1)\tFor the purposes of this Act, a person acts as a qualified supervising driver for the holder of a permit or licence if—\n\t(a)\twhen the holder of the permit or licence drives a motor vehicle, or attempts to put a motor vehicle in motion, on a road, the person—\n\t(i)\toccupies a seat in the vehicle next to the holder of the permit or licence, or, if the vehicle is a motor bike, is a passenger on the bike or in a sidecar attached to the bike; and\n\t(ii)\ttakes all reasonable steps to supervise and instruct the holder of the licence or permit in the safe and efficient driving of the motor vehicle; and\n\t(b)\tthe person is the holder of—\n\t(i)\tan unconditional licence authorising the person to drive the vehicle; or\n\t(ii)\ta foreign licence of a type approved by the Registrar by notice in the Gazette authorising the person to drive the vehicle,\nand has held such a licence during the whole of the immediately preceding 2 year period; and\n\t(c)\tthe licence held by the person is not subject to a condition under section 98BE(2) requiring the person to be of good behaviour.\n\t(2)\tA person who has the prescribed concentration of alcohol in the person's blood, or a prescribed drug in the person's oral fluid or blood, must not act as a qualified supervising driver for the holder of a licence or permit.\n\t(3)\tSections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (2) as if—\n\t(a)\ta reference in any of those sections to an offence against that Act were a reference to an offence against subsection (2); and\n\t(b)\tthe person alleged to have committed an offence against subsection (2) were, when acting as a qualified supervising driver for the holder of a permit or licence, driving the motor vehicle in question; and\n\t(c)\ta reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act were a reference to the prescribed concentration of alcohol as defined for the purposes of this section.\nprescribed concentration of alcohol means a concentration of .05 grams or more of alcohol in 100 millilitres of blood.\n73—Register of licences\n\t(1)\tThe Registrar must keep a register of the names and addresses of all licensed drivers, and of all endorsements on, and renewals, suspensions, and cancellations of, licences.\n\t(2)\tThe register will contain such other information as the Registrar thinks necessary for the administration of this Act and will be in a form determined by the Registrar.\n74—Duty to hold licence or learner's permit\n\t(1)\tSubject to this Act, a person who—\n\t(a)\tdrives a motor vehicle of a particular class on a road; and\n\t(b)\tis not authorised to drive a motor vehicle of that class on a road but has previously been so authorised under this Act or the law of another State or a Territory of the Commonwealth,\n\t(2)\tSubject to this Act, a person who—\n\t(a)\tdrives a motor vehicle of a particular class on a road; and\n\t(b)\tis not and has never been authorised, under this Act or the law of another State or a Territory of the Commonwealth, to drive a motor vehicle of that class on a road,\nFor a first offence—$2 500.\nFor a subsequent offence—$5 000 or imprisonment for 1 year.\n\t(2aa)\tFor the purposes of subsections (1) and (2), a person who, immediately before 1 December 2024, held a licence in this State (other than a provisional licence) that authorised them to drive an ultra high powered vehicle will be taken to have been previously authorised to drive a motor vehicle of that class on a road.\n\t(2a)\tSubject to this Act, if a person—\n\t(a)\tdrives a motor vehicle on a road; and\n\t(b)\thas, as a consequence of being convicted of a serious drink driving offence, been disqualified from holding or obtaining a licence; and\n\t(c)\thas not, since the end of the period of that disqualification, been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle,\n\t(2ab)\tSubject to this Act, if—\n\t(a)\ta person drives a motor vehicle on a road; and\n\t(b)\tthe person has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drink driving offence or an alleged drink driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); and\n\t(i)\tthe drink driving offence or alleged drink driving offence was an offence against section 47(1a), 47B(1a), 47E(3a) or 47I(7) of the Road Traffic Act 1961; or\n\t(ii)\tif the offence was a prescribed drink driving offence—the person has—\n\t(A)\tbeen convicted of at least 1 other prescribed drink driving offence; or\n\t(B)\tbeen convicted of or expiated at least 2 other drink driving offences,\ncommitted or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; or\n\t(iii)\tin any other case—the person has been convicted of or expiated at least 2 other drink driving offences committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; and\n\t(d)\tthe person has not, since the end of the period of the disqualification referred to in paragraph (b), been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle,\n\t(2ac)\tSubject to this Act, if—\n\t(a)\ta person drives a motor vehicle on a road; and\n\t(b)\tthe person has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drug driving offence or an alleged drug driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); and\n\t(i)\tthe drug driving offence or alleged drug driving offence was an offence against section 47(1a), 47BA(1a), 47EAA(9a) or 47I(7) of the Road Traffic Act 1961; or\n\t(ii)\tthe person has been convicted of or expiated at least 1 other drug driving offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; and\n\t(d)\tthe person has not, since the end of the period of the disqualification referred to in paragraph (b), been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle,\n\t(2b)\tAn offence against this section is not expiable if the maximum penalty for the offence is $5 000 or imprisonment for 1 year.\n\t(3)\tFor the purposes of this section, a person is authorised to drive a motor vehicle of a particular class on a road if—\n\t(a)\tin the case of a motor bike—the person holds a licence or learner's permit that authorises the holder to drive a motor bike of that class; or\n\t(ab)\tin the case of an ultra high powered vehicle—the person holds a licence that authorises the holder to drive an ultra high powered vehicle; or\n\t(b)\tin the case of a motor vehicle that is not a motor bike or an ultra high powered vehicle—\n\t(i)\tthe person holds a licence that authorises the holder to drive a motor vehicle of that class; or\n\t(ii)\tthe person—\n\t(A)\tholds a licence; and\n\t(B)\thas the minimum driving experience required by the regulations for the grant of a licence that would authorise the driving of a motor vehicle of that class; or\n\t(iii)\tthe person holds a learner's permit that authorises the holder to drive a motor vehicle of that class.\n\t(4)\tWhen the holder of a licence under this Act drives a motor vehicle on a road as authorised under subsection (3)(b)(ii), the obligations imposed by section 75A(10) to (19) (inclusive) on the holder of a learner's permit apply to the holder of the licence as if the references in those provisions to a learner's permit or permit were references to the licence.\n\t(5)\tWhere a court convicts a person of an offence against this section for which the maximum penalty is $5 000 or imprisonment for 1 year, the following provisions apply:\n\t(a)\tthe court must order that the person be disqualified from holding or obtaining a driver's licence or learner's permit for such period, being not less than 3 years, as the court thinks fit;\n\t(b)\tthe disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;\n\t(c)\tif the person is the holder of a driver's licence or learner's permit—the disqualification operates to cancel the licence or permit as from the commencement of the period of disqualification.\n\t(6)\tIn determining whether an offence is a first or subsequent offence for the purposes of subsection (2), any previous offence against this section or section 91(5) or (5a) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 3 years immediately preceding the date on which the offence under consideration was committed.\n\t(a)\ta reference to a drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drink driving offence in section 5(1);\n\t(b)\ta reference to a drug driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drug driving offence in section 5(1);\n\t(c)\ta reference to a prescribed drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of prescribed drink driving offence in section 5(1).\n75—Issue and renewal of licences\n\t(1)\tSubject to this Act, the Registrar must issue a licence to, or renew the licence of, any person who—\n\t(aa)\tis resident in this State and is—\n\t(i)\tin the case of a person applying for the issue of a licence authorising the driving of a motor bike—at least 19 years of age; or\n\t(ii)\tin any other case—at least 17 years of age; and\n\t(a)\tmakes an application for the licence or renewal in a manner and form determined by the Minister; and\n\t(b)\tpays the prescribed fee; and\n\t(c)\thas complied with any requirements of the Registrar under section 77B.\n\t(2)\tA licence will be in a form determined by the Minister.\n\t(3)\tWhere an application for the issue or renewal of a licence is not entirely in order or the prescribed fee has not been paid, the Registrar may return the application and any fee paid in respect of the application.\n75AAA—Term of licence and surrender\n\t(1)\tSubject to this section and the regulations, every licence will be issued or renewed for a term not exceeding 10 years, specified on the licence.\n\t(2)\tThe term of a licence commences—\n\t(a)\ton the day on which it is granted; or\n\t(b)\tif the licence is renewed on application made before the expiry of the previous licence—on the day after that expiry.\n\t(3)\tIf a licence is renewed on application made within six months after the expiry of the previous licence, the term for which the licence is renewed is to be calculated from the day after that expiry.\n\t(4)\tSubject to this Act and any other Act, a licence expires on the last day of the term for which it was granted or renewed.\n\t(5)\tA probationary licence expires at the end of the period for which the probationary licence conditions are effective but may be renewed as a licence not subject to probationary licence conditions.\n\t(6)\tA provisional licence expires at the end of the period for which the provisional licence conditions are effective but may be renewed as a licence not subject to provisional licence conditions.\n\t(7)\tSubject to subsection (8), an application for renewal of a licence must be made before the expiry of that licence.\n\t(8)\tThe Registrar may renew a licence despite its expiry provided that application for renewal is made within five years of the expiry.\n\t(9)\tDespite the renewal of a licence after its expiry, the holder of the licence is not, for the purposes of this Act, to be taken to have been licensed during the period between the expiry of the licence and the date of its renewal.\n\t(10)\tThe Registrar may, if of the opinion that it is appropriate to do so, extend the term of a licence for a period not exceeding 12 months.\n\t(11)\tOn surrender of a licence—\n\t(a)\tthe Registrar must cancel the licence; and\n\t(b)\tthe person surrendering the licence is, subject to the regulations, entitled to a refund of a proportion of the licence fee determined in accordance with the regulations.\n75AA—Only 1 licence to be held at any time\n\t(a1)\tThe Registrar must not issue a licence to a person who already holds a licence under this Act unless the person surrenders the licence to the Registrar.\n\t(1)\tThe Registrar must not issue a licence or learner's permit to a person who holds an interstate learner's permit, interstate licence or foreign licence unless the person—\n\t(a)\tsurrenders the interstate learner's permit, interstate licence or foreign licence to the Registrar; and\n\t(b)\tin the case of a person who holds an interstate learner's permit or interstate licence—provides the Registrar with a letter addressed to the authority that issued the permit or licence requesting the authority to cancel the permit or licence.\n\t(2)\tWhere a person who holds an interstate learner's permit, interstate licence or foreign licence is issued with a licence or learner's permit under this Act, the interstate learner's permit, interstate licence or foreign licence will, for the purposes of this Act, be taken to have been cancelled on the date of issue of the licence or permit under this Act.\n\t(3)\tWhere a person who holds a licence or learner's permit under this Act is issued with an interstate learner's permit, interstate licence or foreign licence, the licence or permit under this Act will, for the purposes of this Act, be taken to have been cancelled on the date of issue of the interstate learner's permit, interstate licence or foreign licence.\n\t(4)\tWhere a person holds a licence or learner's permit and one or more interstate learner's permits or interstate licences, the Registrar may, by notice given in a manner and form determined by the Minister to the person, require the person to elect either—\n\t(a)\tto surrender the licence or learner's permit to the Registrar; or\n\t(b)\tto surrender the interstate learner's permits or interstate licences to the Registrar and provide the Registrar with letters addressed to the authorities that issued the permits or licences requesting those authorities to cancel the permits or licences.\n\t(5)\tIf a person does not surrender the person's licence or learner's permit or surrender the person's interstate learner's permits or interstate licences and provide appropriate letters within the period allowed in a notice under subsection (4), the licence or learner's permit will, for the purposes of this Act, be taken to have been cancelled on the expiry of that period.\n\t(6)\tThe Registrar may, if satisfied that it would be unreasonable in the circumstances to require a person who holds a foreign licence to surrender the licence, exempt the person from the operation of this section.\n\t(7)\tA requirement to surrender a permit or licence under this section only applies in relation to a permit or licence that is held in the form of a physical document or item.\n\t(8)\tNothing in this section affects the ability of the Registrar to issue—\n\t(a)\tto a person who holds a permit or licence issued in the form of a physical document or item the same permit or licence in electronic form (without surrender of the permit or licence issued in the form of a physical document or item); or\n\t(b)\tto a person who holds a permit or licence issued in electronic form the same permit or licence in the form of a physical document or item (without surrender of the permit or licence issued in electronic form).\n75A—Learner's permit\nprescribed concentration of alcohol means any concentration of alcohol in the blood;\nprescribed learner's permit holder means a person under the age of 25 years who holds a learner's permit authorising the holder to drive a motor bike;\nprescribed locality means an area in the State defined as a prescribed locality for the purposes of this section—\n\t(a)\tby the regulations; or\n\t(b)\tby the Registrar by notice in the Gazette;\nservice brake means the brake normally used to decelerate a vehicle.\n\t(2)\tSubject to this Act, the Registrar must issue a learner's permit to an applicant if—\n\t(a)\tthe applicant—\n\t(i)\tis at least 16 years of age; and\n\t(ii)\tis resident in the State; and\n\t(iii)\thas passed the theoretical examination prescribed for the purposes of section 79; and\n\t(iv)\thas complied with any requirements of the Registrar under section 77B; and\n\t(v)\thas—\n\t(A)\tin the case of an applicant for a learner's permit authorising the driving of a motor bike—completed the motor bike driver training prescribed by the regulations and complied with any other requirements prescribed by the regulations; or\n\t(B)\tin any other case—complied with any other requirements prescribed by the regulations in relation to the class of motor vehicle in respect of which the permit is sought; and\n\t(b)\tthe application—\n\t(i)\tis made in a manner and form determined by the Minister; and\n\t(ii)\tis accompanied by the prescribed fee.\n\t(2a)\tDespite subsection (2), the Registrar must not issue a learner's permit authorising the driving of a motor bike to a person under 18 years of age unless—\n\t(a)\tthe person is at least 16 years of age and the person satisfies the Registrar that the person resides in a prescribed locality; or\n\t(b)\tthe person is at least 17 years of age and is the holder of a provisional licence.\n\t(3)\tA learner's permit issued to an applicant in respect of a class of motor vehicle remains in force until the expiration of the period specified in the permit or until a licence is issued to the applicant in respect of the same class of vehicle (whichever occurs first).\n\t(4)\tSubject to this Act, the Registrar may renew a learner's permit if—\n\t(a)\tthe applicant has complied with any requirements of the Registrar under section 77B and any other requirements prescribed by regulation in relation to the class of motor vehicle in relation to which the permit applies; and\n\t(b)\tthe application—\n\t(i)\tis made in a manner and form determined by the Minister; and\n\t(ii)\tis accompanied by the prescribed fee.\n\t(5)\tSubject to subsection (6), an application for renewal of a learner's permit must be made before the expiry of that permit.\n\t(6)\tThe Registrar may renew a learner's permit despite its expiry provided that application for renewal is made within 12 months of the expiry.\n\t(7)\tDespite the renewal of a learner's permit after its expiry, the holder of the permit is not, for the purposes of this Act, to be taken to have been the holder of the permit during the period between the expiry of the permit and the date of its renewal.\n\t(8)\tIf an application for the issue or renewal of a learner's permit is not entirely in order or the prescribed fee has not been paid, the Registrar may refuse the application and return any fee paid in respect of the application.\n\t(9)\tA learner's permit—\n\t(a)\twill be in a form determined by the Minister; and\n\t(b)\tauthorises the holder of the permit to drive a motor vehicle of a class specified in the permit on roads—\n\t(i)\tduring the period for which the permit remains in force; and\n\t(ii)\tsubject to learner's permit conditions; and\n\t(c)\twhile the learner's permit conditions are complied with, has effect as a licence.\n\t(10)\tA learner's permit is subject to the following conditions:\n\t(a)\ta condition that the holder of the permit must not drive a motor vehicle, or attempt to put a motor vehicle in motion, on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood;\n\t(b)\ta condition that the holder of the permit must not drive a motor vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit that applies under the Road Traffic Act 1961 or this Act;\n\t(c)\ta condition that the holder of the permit must not drive a motor vehicle (other than a motor bike) on a road unless the holder of the permit is accompanied by a person acting as a qualified supervising driver for the holder of the permit;\n\t(d)\tany other condition—\n\t(i)\tlimiting the kind of vehicle that may be driven pursuant to the permit; or\n\t(ii)\tlimiting the hours during which or the locality within which a vehicle may be driven pursuant to the permit; or\n\t(iii)\timposing any other restriction,\nthat the Registrar thinks necessary.\n\t(11)\tA condition imposed on a learner's permit by the Registrar under subsection (10)(d) must be endorsed on the permit.\n\t(12)\tThe condition referred to in subsection (10)(c) does not apply while the holder of a learner's permit is driving a motor vehicle during the course of a practical driving test conducted under this Act.\n\t(13)\tIf an applicant is not willing to accept a learner's permit subject to learner's permit conditions, the Registrar must refuse to issue a permit to, or renew the permit of, the applicant.\n\t(14)\tThe holder of a learner's permit must not contravene a condition of the permit.\n\t(15)\tThe holder of a learner's permit must not—\n\t(a)\tdrive a motor bike on a road unless a plate bearing the letter \"L\" is affixed to the bike in accordance with the regulations; or\n\t(b)\tdrive any other motor vehicle on a road unless 2 plates bearing the letter \"L\" are affixed to the vehicle in accordance with the regulations.\n\t(16)\tThe holder of a learner's permit must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour.\n\t(17)\tSubsections (14), (15) and (16) do not apply to the holder of a learner's permit while the holder is driving a class of motor vehicle that the holder is authorised to drive under a licence.\n\t(18)\tSections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (14) of contravening the condition referred to in subsection (10)(a) as if—\n\t(a)\ta reference in any of those sections to an offence against that Act was a reference to an offence against subsection (14); and\n\t(b)\ta reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section.\n\t(19)\tSection 175 of the Road Traffic Act 1961, applies in relation to—\n\t(a)\tan offence against subsection (14) of contravening the condition referred in subsection (10)(b); or\n\t(b)\tan offence against subsection (16),\nas if a reference in that section to an offence against that Act was a reference to an offence against subsection (14) or (16).\n\t(20)\tA prescribed learner's permit holder must not drive a motor bike on a road between the hours of midnight and 5.00 am.\n\t(21)\tIt is a defence to a charge of an offence against subsection (20) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed—\n\t(c)\tby notice in the Gazette under subsection (22).\n\t(22)\tThe Registrar may, by notice in the Gazette, prescribe circumstances that will constitute a defence for the purposes of subsection (21)(c) and may, by further notice in the Gazette, vary or revoke such a notice.\n\t(23)\tA notice prescribing circumstances that will constitute a defence for the purposes of subsection (21)(c) has effect for the period specified in the notice (which must be not longer than 6 months).\n\t(24)\tThe holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, carry any person on the motor bike (whether as a passenger on the motor bike or in a sidecar attached to the motor bike).\n\t(25)\tThe holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, tow any vehicle by use of the motor bike.\n75B—Special provisions applying to certain motor bike learner's permits\n\t(1)\tThe holder of a restricted motor bike learner's permit must not drive a motor bike on a road except in circumstances prescribed—\n\t(a)\tin Schedule 2 clause 3(2); or\n\t(b)\tin Schedule 2 clause 4(1a); or\n\t(c)\tin Schedule 2 clause 5; or\n\t(d)\tby the regulations; or\n\t(e)\tby notice in the Gazette under subsection (2).\n\t(2)\tThe Registrar may, by notice in the Gazette, prescribe circumstances for the purposes of subsection (1)(e) and may, by further notice in the Gazette, vary or revoke such a notice.\n\t(3)\tA notice prescribing circumstances for the purposes of subsection (1)(e) has effect for the period specified in the notice (which must not be longer than 6 months).\nrestricted motor bike learner's permit means a learner's permit issued under section 75A(2a)(a).\n77A—Licences and learner's permits to include photographs\n\t(1)\tA licence (other than a temporary licence) issued or renewed after the commencement of this section must include a photograph of the holder of the licence.\n\t(2)\tA learner's permit (other than a temporary learner's permit) issued or renewed after the commencement of this section must, if the Registrar so determines, include a photograph of the holder of the permit.\n77B—Powers of Registrar in relation to applicant for licence or permit\n\t(1)\tWhere a photograph of a person is to be included on a licence or permit, the Registrar may, for the purpose of obtaining such a photograph—\n\t(a)\trequire the person to attend at a specified place for the purpose of having the person's photograph taken; or\n\t(b)\trequire the person to supply to the Registrar one or more photographs of the person as specified by the Registrar.\n\t(1a)\tThe Registrar may require an applicant for the issue or renewal of a licence or learner's permit to provide such evidence as the Registrar thinks appropriate as to the identity, age or address of the applicant.\n\t(a)\ta person of whom a requirement is made under this section refuses or fails to comply with the requirement; or\n\t(ab)\tthe Registrar is not satisfied as to the identity, age or address of an applicant for the issue or renewal of a licence or learner's permit; or\n\t(b)\ta photograph of a person taken or supplied pursuant to subsection (1) is not, in the opinion of the Registrar, suitable for inclusion on a licence or permit,\nthe Registrar may determine that the licence or permit in question not be issued or renewed as the case may be.\n77BA—Use of photographs by Registrar\n\t(1)\tThis section applies to a photograph of a person taken or supplied for inclusion on a licence or learner's permit.\n\t(2)\tA photograph to which this section applies may be used by the Registrar only for one or more of the following purposes:\n\t(a)\tfor inclusion on a licence, learner's permit or proof of age card;\n\t(b)\tto assist in determining the identity of a person applying for—\n\t(i)\tthe issue or renewal of a licence or learner's permit; or\n\t(ii)\tthe issue of a duplicate licence or learner's permit; or\n\t(iii)\tthe issue of a proof of age card; or\n\t(iv)\tthe registration of a motor vehicle;\n\t(c)\tin connection with the investigation of a suspected offence against this Act;\n\t(d)\tfor the purposes of any legal proceedings arising out of the administration of this Act or the Road Traffic Act 1961;\n\t(e)\tfor a purpose prescribed by the regulations.\n\t(3)\tA photograph to which this section applies may be used for a purpose set out in subsection (2) at the time that the photograph is taken or supplied or at any later time.\n\t(4)\tThe Registrar must ensure that a photograph to which this section applies is not released except in accordance with a request of a person or body responsible under the law of another State or a Territory of the Commonwealth for the registration or licensing of motor vehicles or the licensing of drivers, where the photograph is required for the proper administration of that law.\n\t(5)\tIn this section—\nproof of age card means a card that may be used for the purposes of identifying the cardholder and providing evidence of the age of the cardholder.\n77C—Temporary licences and learner's permits\n\t(a)\tthe Registrar is unable to determine an application for the issue or renewal of a licence or learner's permit without delay; or\n\t(b)\tthe Registrar determines that an application for the issue or renewal of a licence or learner's permit should be granted but the licence or permit must when issued or renewed include a photograph of the holder; or\n\t(c)\ta person—\n\t(i)\tapplies for a temporary licence or temporary learner's permit following the return by the Registrar of an application by the person for the issue or renewal of a licence or learner's permit; or\n\t(ii)\tapplies for a temporary licence or temporary learner's permit in circumstances in which, in the opinion of the Registrar, the issue of a temporary licence or temporary learner's permit is justified,\nand pays the prescribed fee,\nthe Registrar may issue to the person a temporary licence or temporary learner's permit.\n\t(2)\tA temporary licence or temporary learner's permit will be in a form determined by the Minister.\n\t(3)\tA temporary licence or temporary learner's permit issued to a person under this section—\n\t(a)\tmust bear all the appropriate endorsements and has effect for all purposes as if it were a licence or learner's permit issued to the person; but\n\t(b)\texpires—\n\t(i)\tin the case of a temporary licence or temporary learner's permit issued under subsection (1)(b)—\n\t(A)\ton the day specified for that purpose in the licence or permit, being not more than one month after the date on which it is issued; or\n\t(B)\ton the day on which the person receives the licence or permit that bears a photograph of the person,\nwhichever is the earlier;\n\t(ii)\tin the case of a temporary licence or temporary learner's permit issued under subsection (1)(c)(i)—\n\t(A)\ton the day specified for that purpose in the licence or permit, being not more than one month after the date on which it is issued; or\n\t(B)\ton the day that a proper application for a licence or learner's permit is determined,\nwhichever is the earlier;\n\t(iii)\tin any other case—on the day specified for that purpose in the licence or permit, being not more than one month after the date on which it is issued.\n79—Examination of applicant for licence or learner's permit\n\t(1)\tSubject to this Act, the Registrar may not issue a licence or learner's permit to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application unless—\n\t(a)\tthe applicant satisfies the Registrar, by such evidence as the Registrar may require, that the applicant has passed an approved theoretical examination; or\n\t(b)\tthe applicant satisfies the Registrar, by such evidence as the Registrar may require, that—\n\t(i)\tat some time during the period of 12 months immediately preceding the date of the application the applicant held an interstate learner's permit; or\n\t(ii)\tat some time during the period of 5 years immediately preceding the date of the application the applicant held an interstate licence; or\n\t(iii)\tat some time during the period of 5 years immediately preceding the date of the application the applicant held a foreign licence of a type approved by the Registrar by notice in the Gazette.\n\t(2)\tThe regulations may provide that, for the purposes of this Act, a person will not be regarded as having passed an examination unless the person has answered correctly not less than a prescribed number of questions asked in the examination (but, despite such a regulation, the Registrar may treat a person as not having passed an examination for the purposes of this Act if an incorrect answer has been given to a question dealing with a matter that, in the Registrar's opinion, is of special importance).\napproved theoretical examination means an examination approved by the Registrar as a theoretical examination for the purposes of this section.\n79A—Driving experience required for issue of licence\n\t(1)\tSubject to this section, the Registrar must not issue a licence authorising the driving of a motor bike to an applicant who has not held such a licence during the period of 5 years immediately preceding the date of the application unless—\n\t(a)\tin the case of an applicant who has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit authorising the holder to drive a motor bike for periods totalling at least 12 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or\n\t(b)\tin any other case—the applicant has held a learner's permit authorising the holder to drive a motor bike for a continuous period of at least 12 months.\n\t(2)\tSubject to this section, the Registrar must not issue a licence authorising the driving of a motor vehicle (other than a motor bike) to an applicant who has not held a licence during the period of 5 years immediately preceding the date of the application unless—\n\t(a)\tin the case of an applicant under the age of 25—\n\t(i)\tif the applicant has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit for periods totalling at least 12 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or\n\t(ii)\tin any other case—the applicant has held a learner's permit for a continuous period of at least 12 months; or\n\t(b)\tin the case of an applicant aged 25 or over—\n\t(i)\tif the applicant has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit for periods totalling at least 6 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or\n\t(ii)\tin any other case—the applicant has held a learner's permit for a continuous period of at least 6 months.\n\t(3)\tSubject to this section, the Registrar must not issue a licence authorising the driving of a motor vehicle to an applicant who has not held such a licence during the period of 5 years immediately preceding the date of the application unless—\n\t(a)\tthe applicant has produced to the Registrar—\n\t(i)\ta logbook that—\n\t(A)\tis in a form approved by the Registrar; and\n\t(B)\thas been completed in accordance with the instructions contained in the logbook so as to verify that the applicant has satisfied the prescribed requirements relating to the applicant's driving experience; or\n\t(ii)\tother evidence to the satisfaction of the Registrar that the applicant has satisfied the prescribed requirements relating to the applicant's driving experience; and\n\t(b)\tthe Registrar is satisfied that the applicant has passed—\n\t(i)\tan approved hazard perception test conducted—\n\t(A)\tby a police officer or an approved tester; or\n\t(B)\tby a method approved by the Registrar; and\n\t(ii)\ta practical driving test conducted by an authorised examiner; and\n\t(c)\tin the case of an applicant for a licence authorising the driving of a motor bike—the applicant has completed the motor bike driver training prescribed by the regulations.\n\t(4)\tThe Registrar may issue a licence to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application despite the applicant not satisfying the requirements of subsection (1), (2) or (3) if the applicant satisfies the Registrar, by such evidence as the Registrar may require, that—\n\t(a)\tthe applicant has at some time during the period of 5 years immediately preceding the date of the application held—\n\t(i)\tan interstate licence; or\n\t(ii)\ta foreign licence of a type approved by the Registrar by notice in the Gazette; or\n\t(b)\tthe applicant—\n\t(i)\thas at some time held a licence issued under this Act, an interstate learner's permit, an interstate licence or a licence issued under the law of some other place outside this State; and\n\t(ii)\thas obtained satisfactory driving experience.\n\t(5)\tThe Registrar may dispense with the requirement that an applicant must have held a learner's permit for the continuous period referred to in subsection (1)(b), (2)(a)(ii) or (2)(b)(ii) if the Registrar is satisfied that the applicant has held a learner's permit for periods that are sufficient in aggregate.\n\t(6)\tThe Registrar may dispense with the requirement imposed by subsection (3)(a) if the application is for the issue of a licence of a class prescribed by regulation.\n\t(7)\tIf—\n\t(a)\tan applicant for a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere)—\n\t(i)\twhile the person held a learner's permit or interstate learner's permit (provided the person did not also hold a licence or interstate licence in respect of another class of motor vehicle); or\n\t(ii)\tafter the expiry of such a permit but before obtaining any licence or interstate licence; and\n\t(b)\tthe applicant has held a licence or interstate licence at some time during the period of 5 years immediately preceding the date of the application but has not held a licence or interstate licence since the end of the period of disqualification,\nthe Registrar must not issue a licence to the applicant unless—\n\t(c)\tthe applicant has, since the end of the period of disqualification, held a learner's permit for a continuous period of at least 3 months; and\n\t(d)\tthe applicant has produced to the Registrar evidence to the satisfaction of the Registrar that, since the end of the period of disqualification, the applicant has passed—\n\t(i)\tan approved hazard perception test conducted—\n\t(A)\tby a police officer or an approved tester; or\n\t(B)\tby a method approved by the Registrar; and\n\t(ii)\ta practical driving test conducted by an authorised examiner.\napproved hazard perception test means a test approved by the Registrar as a hazard perception test for the purposes of this Act;\napproved tester means—\n\t(a)\ta person appointed by the Registrar to conduct hazard perception tests; or\n\t(b)\ta person of a class approved by the Registrar to conduct hazard perception tests.\n79B—Alcohol and drug dependency assessments and issue of licences\n\t(a)\tan applicant for the issue of a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drink driving offence or an alleged drink driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); and\n\t(b)\tthe applicant has not held a licence or learner's permit, or an interstate licence or interstate learner's permit, since the end of the period of disqualification; and\n\t(i)\tthe drink driving offence or alleged drink driving offence was an offence against section 47(1a), 47B(1a), 47E(3a) or 47I(7) of the Road Traffic Act 1961; or\n\t(ii)\tif the offence was a prescribed drink driving offence—the applicant has—\n\t(A)\tbeen convicted of at least 1 other prescribed drink driving offence; or\n\t(B)\tbeen convicted of or expiated at least 2 other drink driving offences,\ncommitted or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; or\n\t(iii)\tin any other case—the applicant has been convicted of or expiated at least 2 other drink driving offences committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence,\nthe Registrar must, before determining the application for the licence, direct the applicant to submit to an examination by an approved assessment provider to determine whether or not the applicant is dependent on alcohol unless the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that—\n\t(d)\tthe applicant has successfully completed an alcohol dependency treatment program not more than 60 days before the date of application for the licence; and\n\t(e)\tthe applicant is not dependent on alcohol.\n\t(2)\tIf—\n\t(a)\tan applicant for the issue of a licence—\n\t(i)\thas been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drug driving offence or an alleged drug driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); or\n\t(ii)\thas had their licence or permit cancelled under section 81D(2)(a); and\n\t(b)\tthe applicant has not held a licence or learner's permit, or an interstate licence or interstate learner's permit, since the end of the period of disqualification or the cancellation of the applicant's licence or permit under section 81D(2)(a) (as the case requires); and\n\t(i)\tthe drug driving offence or alleged drug driving offence was an offence against section 47(1a), 47BA(1a), 47EAA(9a) or 47I(7) of the Road Traffic Act 1961; or\n\t(ii)\tthe applicant has been convicted of or expiated at least 1 other drug driving offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence,\nthe Registrar must, before determining the application for the licence, direct the applicant to submit to an examination by an approved assessment provider to determine whether or not the applicant is dependent on drugs unless the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that—\n\t(d)\tthe applicant has successfully completed a drug dependency treatment program not more than 60 days before the date of application for the licence; and\n\t(e)\tthe applicant is not dependent on drugs.\n\t(3)\tAn approved assessment provider must, as soon as practicable after the assessment of a person has been completed under this section, furnish a report on the examination to the Registrar, and send a copy of the report to the person.\n\t(4)\tSubject to subsection (6), if the Registrar is satisfied, on the basis of the report of an approved assessment provider, that the applicant is dependent on alcohol, the Registrar must refuse to issue a licence to the applicant until the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that the applicant is no longer dependent on alcohol.\n\t(5)\tIf the Registrar is satisfied, on the basis of the report of an approved assessment provider, that the applicant is dependent on drugs, the Registrar must refuse to issue a licence to the applicant until the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that the applicant is no longer dependent on drugs.\n\t(6)\tIf the Registrar is satisfied, on the basis of the report of an approved assessment provider, that the applicant is dependent on alcohol, but the applicant is willing to accept a licence subject to the mandatory alcohol interlock scheme conditions, the Registrar may, subject to this Act, issue such a licence to the applicant.\n\t(7)\tThe mandatory alcohol interlock scheme conditions of a licence issued under this section are effective until the holder of the licence satisfies the Registrar, on the basis of a report of an approved assessment provider or such other evidence as the Registrar may require, that the holder of the licence is no longer dependent on alcohol.\n\t(7a)\tFor the avoidance of doubt, an offence may be taken into account as an offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of an offence referred to in subsection (1)(a) or (2)(a)(i) (the disqualification offence) regardless of whether or not the person had been convicted of or expiated the offence at the time of commission of the disqualification offence.\n\t(a)\ta reference to an approved assessment provider is a reference to—\n\t(i)\ta person who—\n\t(A)\tis registered under the Health Practitioner Regulation National Law to practice medicine as a specialist in addiction medicine; and\n\t(B)\tis a Fellow of the Australasian Chapter of Addiction Medicine of the Royal Australasian College of Physicians; or\n\t(ii)\ta person who—\n\t(A)\tis registered under the Health Practitioner Regulation National Law to practice medicine as a specialist in psychiatry; and\n\t(B)\tis a Fellow of the Royal Australian and New Zealand College of Psychiatrists; and\n\t(C)\tholds a Certificate in Addiction Psychiatry; or\n\t(iii)\ta person or body approved as an assessment provider for the purposes of this section by the Minister to whom the administration of the Health Care Act 2008 is committed;\n\t(b)\ta reference to a drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drink driving offence in section 5(1);\n\t(c)\ta reference to a drug driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drug driving offence in section 5(1);\n\t(d)\ta reference to a prescribed drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of prescribed drink driving offence in section 5(1).\n\t(9)\tNothing in this section derogates from the Registrar's powers under section 80 or 81.\n80—Ability or fitness to be granted or hold licence or permit\n\t(1)\tIf in the opinion of the Registrar it is desirable that the ability or fitness of an applicant for the issue or renewal of a licence or learner's permit, or of the holder of a licence or learner's permit, to drive a motor vehicle, or a motor vehicle of a particular class, should be assessed, the Registrar may require the person to undergo such assessments or to furnish such evidence of ability or fitness to drive as the Registrar directs.\n\t(1a)\tThe Registrar may, with the approval of the Minister, direct that all applicants for the issue or renewal of a licence or learner's permit who are of a particular class, or all holders of a licence or learner's permit who are of a particular class, must undergo such assessments, or furnish such evidence as to ability or fitness to drive a motor vehicle, or a motor vehicle of a particular class, as the Registrar may require.\n\t(1b)\tThe Registrar may, in directing a person to undergo an assessment under this section, require that the assessment be undertaken at a particular location or by a particular person or body determined by the Registrar.\n\t(2)\tFor the purposes of this section, an assessment undertaken to assess a person's ability or fitness to drive a motor vehicle, or motor vehicle of a particular class, must comply with guidelines published or adopted by the Minister by notice in the Gazette and the results of such an assessment must be applied by the Registrar in accordance with any policies published or adopted by the Minister by notice in the Gazette.\n\t(2a)\tIf—\n\t(a)\ta person fails to comply with a requirement of the Registrar under this section; or\n\t(b)\tthe Registrar is satisfied—\n\t(i)\tafter considering the results of assessments or evidence required under this section; or\n\t(ii)\tfrom information furnished to the Registrar by a health professional or from any other evidence received by the Registrar,\nthat a person is not competent to drive a motor vehicle or a motor vehicle of a particular class,\nthe Registrar may—\n\t(c)\trefuse to issue a licence or permit to the person; or\n\t(d)\trefuse to renew the person's licence or permit; or\n\t(e)\tsuspend the person's licence or permit for such period as the Registrar considers necessary in the circumstances of the case, or until the person satisfies the Registrar, in such a manner as the Registrar directs, that the person is competent to drive a motor vehicle; or\n\t(f)\tremove a classification assigned to the person's licence, or substitute for a classification assigned to the person's licence another classification.\n\t(3)\tThe Registrar may issue to any person who has been required to undergo assessments, or to furnish other evidence of ability or fitness to drive a motor vehicle, a temporary driving permit authorising that person, subject to such conditions and restrictions as may be specified in the permit, to drive motor vehicles.\n\t(4)\tA temporary driving permit has, subject to any conditions and restrictions specified in the permit, effect as a licence.\n\t(5)\tA person must not contravene any condition or restriction of a temporary driving permit.\n81—Restricted licences and learner's permits\n\t(1)\tWhere, in such circumstances as the Registrar thinks fit and upon such evidence as the Registrar may require, the Registrar is satisfied that the holder of a licence or learner's permit, or an applicant for the issue or renewal of a licence or learner's permit, should only be permitted to drive a motor vehicle subject to restriction, the Registrar may endorse upon the licence or permit all or any of the following conditions:\n\t(a)\ta condition that the holder of the licence or permit is permitted to drive only in specified localities; or\n\t(b)\ta condition that the holder of the licence or permit is permitted to drive only a vehicle of a specified class, size or type or a vehicle fitted with specified equipment; or\n\t(c)\tany other condition that the Registrar thinks necessary for the purpose of preventing accident or injury.\n\t(1a)\tIf the Registrar is not satisfied that an applicant for the issue or renewal of a licence authorising the driving of a motor bike is competent to drive a motor bike fitted with a manual transmission, the Registrar may endorse on the licence a condition that the holder of the licence must not drive a motor bike unless it is fitted with an automatic transmission.\n\t(2)\tWhere the Registrar is satisfied that, because of special circumstances it would be unreasonable to require the applicant to take a theoretical examination under section 79 or to pass a driving test or a hazard perception test under section 79A, the Registrar may, without submitting the applicant to such an examination or test, issue a licence or permit containing conditions as provided by subsection (1).\n\t(3)\tIf a person is not willing to accept a condition proposed by the Registrar under this section, the Registrar must refuse to issue or renew the licence or permit, or cancel the licence or permit, as the case may require.\n\t(4)\tA person must not contravene a condition endorsed upon a licence or permit pursuant to this section.\n81A—Provisional licences\ncomplying interstate provisional licence—an interstate provisional licence is a complying interstate provisional licence if it has been in force for a period of at least 12 months;\nP1 qualifying period means the period, or total period, for which a person has held a P1 licence (excluding, if the person had been disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, any period preceding the period of disqualification);\nP2 qualifying period means the period, or total period, for which a person has held a P2 licence (excluding, if the person had been disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, any period preceding the period of disqualification);\npeer passenger means a passenger in a motor vehicle who is aged not less than 16 years and not more than 20 years;\nprescribed concentration of alcohol means any concentration of alcohol in the blood.\n\t(2)\tWithout derogating from any other provision of this Act, if an applicant for the issue of a licence—\n\t(a)\thas not held a non‑provisional licence or interstate non‑provisional licence at some time during the period of 5 years immediately preceding the application; or\n\t(b)\tholds an interstate provisional licence; or\n\t(c)\tholds an interstate non‑provisional licence or a foreign licence but is under the age of 20 years; or\n\t(d)\t—\n\t(i)\thas been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the holder of a P1 licence or interstate provisional licence; and\n\t(ii)\thas not held a P2 licence or a complying interstate provisional licence since the end of the period of disqualification,\na licence issued to the applicant is a provisional licence and will be taken to be a P1 licence until the applicant has completed a P1 qualifying period of 12 months (and thereafter will be taken to be a P2 licence).\n\t(3)\tWithout derogating from any other provision of this Act, if an applicant for the issue of a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere)—\n\t(a)\twhile the holder of a P2 licence or a complying interstate provisional licence; or\n\t(b)\tafter the expiry of such a licence but before obtaining a non‑provisional licence or an interstate non‑provisional licence,\nand has not held a non‑provisional licence or an interstate non‑provisional licence since the end of the period of disqualification, a licence issued to the applicant is a provisional licence and will be taken to be a P2 licence.\n\t(4)\tThe provisional licence conditions are as follows:\n\t(a)\ta condition that the holder of the licence must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood;\n\t(b)\ta condition that the holder of the licence must not drive a motor vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit that applies under the Road Traffic Act 1961 or this Act.\n\t(5)\tSubject to this Act, the Registrar must not grant a non‑provisional licence to an applicant unless the applicant—\n\t(a)\twill be aged 20 years or over at the commencement of the term of the licence; and\n\t(b)\twill, at the commencement of the term of the licence, have completed a P2 qualifying period of at least 2 years; and\n\t(c)\tis not the holder of a provisional licence that is subject to alcohol interlock scheme conditions.\n\t(6)\tIf a court disqualifies a person from holding or obtaining a licence or learner's permit the court may order—\n\t(a)\tthat any provisional licence to be issued to the person at the end of the period of disqualification will be taken to be a P1 licence for an extended period; or\n\t(b)\tthat the period referred to in subsection (5)(b) be extended in relation to any such provisional licence.\n\t(7)\tDespite any other provision of this Act, if an applicant for the issue of a driver's licence—\n\t(a)\tholds or has previously held a foreign licence; or\n\t(b)\tis of a class of applicants prescribed by regulation,\nthe Registrar may, if of the opinion that there is proper cause to do so, do 1 or more of the following:\n\t(c)\tissue a licence not subject to the conditions that would otherwise be imposed under this section;\n\t(d)\treduce the period for which the person will be taken to hold a P1 licence under this section or the period referred to in subsection (5)(b).\n\t(8)\tIf an applicant is not willing to accept a provisional licence, the Registrar must refuse to issue a licence to the applicant.\n\t(9)\tThe holder of a provisional licence must not contravene a condition of the licence.\n\t(10)\tSections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (9) of contravening the condition referred to in subsection (4)(a) as if—\n\t(a)\ta reference in any of those sections to an offence against that Act was a reference to an offence against subsection (9); and\n\t(b)\ta reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section.\n\t(11)\tThe holder of a provisional licence must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour.\n\t(12)\tSection 175 of the Road Traffic Act 1961 applies in relation to—\n\t(a)\tan offence against subsection (9) of contravening the condition referred to in subsection (4)(b); or\n\t(b)\tan offence against subsection (11),\nas if a reference in that section to an offence against that Act was a reference to an offence against subsection (9) or (11).\n\t(13)\tThe holder of a provisional licence must not, if the holder is under the age of 25 years, drive a high powered vehicle.\n\t(14)\tSubject to the regulations, the Registrar may, on application by the holder of a provisional licence and payment of the fee (if any) prescribed by regulation, grant the holder an exemption from subsection (13) for such a term and subject to such conditions as the Registrar thinks fit.\n\t(15)\tThe holder of a P1 licence must not—\n\t(a)\tdrive a motor bike on a road unless a plate bearing the letter \"P\" is affixed to the bike in accordance with the regulations; or\n\t(b)\tdrive any other motor vehicle on a road unless 2 plates bearing the letter \"P\" are affixed to the vehicle in accordance with the regulations.\n\t(16)\tThe holder of a P1 licence who is under the age of 25 years must not drive a motor vehicle on a road between the hours of midnight and 5.00 am unless the driver is accompanied by a person acting as a qualified supervising driver for the holder of a licence.\n\t(17)\tIt is a defence to a charge of an offence against subsection (16) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed—\n\t(c)\tby notice in the Gazette under subsection (20).\n\t(18)\tThe holder of a P1 licence who is under the age of 25 years must not drive a motor vehicle on a road while 2 or more peer passengers are present in the vehicle unless the driver is also accompanied by a person acting as a qualified supervising driver for the holder of a licence.\n\t(19)\tIt is a defence to a charge of an offence against subsection (18) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed—\n\t(c)\tby notice in the Gazette under subsection (20).\n\t(20)\tThe Registrar may, by notice in the Gazette, prescribe circumstances that will constitute a defence for the purposes of subsection (17)(c) or subsection (19)(c) and may, by further notice in the Gazette, vary or revoke such a notice.\n\t(21)\tA notice prescribing circumstances that will constitute a defence for the purposes of subsection (17)(c) or subsection (19)(c) has effect for the period specified in the notice (which must be not longer than 6 months).\n\t(22)\tFor the purposes of this section—\n\t(a)\tin determining the period for which a person has held a P1 licence or P2 licence or whether a person has completed a P1 qualifying period or a P2 qualifying period, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account; and\n\t(b)\tin determining the period for which a person has held a non‑provisional licence or non‑provisional interstate licence, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account,\nunless the suspension came into operation before the commencement of this subsection.\n81AB—Probationary licences\n\t(1)\tWithout derogating from any other provision of this Act, if a person applies for the issue of a licence following—\n\t(a)\ta period of disqualification from holding or obtaining a licence imposed in prescribed circumstances; or\n\t(b)\tcancellation of the person's licence under section 81D(2)(a),\na licence issued to the applicant is subject to the following conditions:\n\t(c)\ta condition that the holder of the licence must carry the licence at all times while driving a motor vehicle on a road pursuant to the licence;\n\t(d)\ta condition that the holder of the licence must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood.\n\t(2)\tSubsection (1) does not apply where a person applies for the issue of a driver's licence following a period of disqualification—\n\t(a)\tif the disqualification did not result in the cancellation of any driver's licence held by the person; or\n\t(b)\tif the person is required to be issued a provisional licence.\n\t(3)\tSubject to subsection (3a) or (3b), the conditions imposed under subsection (1) are effective for a period of one year or, if the court by which the order of disqualification was made ordered that the conditions were to be effective for a greater period, the period ordered by the court.\n\t(3a)\tWhere a licence is issued subject to the alcohol interlock scheme conditions, the following provisions apply:\n\t(a)\tthe licence is subject to a further condition that the holder of the licence must not drive a motor vehicle on a road unless two plates bearing the letter \"P\" are affixed to the vehicle in accordance with the regulations (in addition to the conditions imposed by subsection (1));\n\t(b)\tthe condition under paragraph (a) is effective for the period for which the licence is required to be subject to the alcohol interlock scheme conditions;\n\t(c)\tthe conditions imposed by subsection (1) are effective for—\n\t(i)\tthe period for which the licence is required to be subject to the alcohol interlock scheme conditions; or\n\t(ii)\t12 months,\nwhichever is the longer period.\n\t(3b)\tIf a licence is not issued subject to the alcohol interlock scheme conditions but the application for the licence was made following a period of disqualification ordered by a court for a serious drink driving offence committed on or after the commencement of section 81E, the conditions imposed by subsection (1) are effective for—\n\t(a)\ta period of 12 months or double the period for which the licence would have been required to be subject to the alcohol interlock scheme conditions had a licence subject to such conditions been issued (whichever is the longer period); or\n\t(b)\ta period of 3 years,\nwhichever is the lesser.\n\t(4)\tIf an applicant is not willing to accept a probationary licence, the Registrar must refuse to issue a licence to the applicant.\n\t(5)\tA person must not contravene a condition of a probationary licence.\n\t(6)\tSections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (5) of contravening the condition referred to in subsection (1)(b) as if—\n\t(a)\ta reference in any of those sections to an offence against that Act were a reference to an offence against subsection (5); and\n\t(b)\ta reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act were a reference to the prescribed concentration of alcohol as defined in this section.\nprescribed circumstances—a period of disqualification from holding or obtaining a licence is imposed in prescribed circumstances if the disqualification is imposed—\n\t(a)\tpursuant to section 81B, 81BB, 81C or 81D; or\n\t(b)\tby order of a court in this State or any other State or Territory of the Commonwealth; or\n\t(c)\tin respect of an offence committed whilst the person was not authorised to drive a motor vehicle on a road under this Act;\nprescribed concentration of alcohol means any concentration of alcohol in the blood.\n\t(8)\tFor the purposes of this section, in determining the period for which conditions imposed under this section have been effective on a licence, any period during which the licence has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection).\n81AC—Special provisions applying to certain motor bike licences\nprescribed concentration of alcohol means any concentration of alcohol in the blood;\nprescribed motor bike licence means a licence authorising the driving of a motor bike of a class prescribed by the regulations for the purposes of this section.\n\t(2)\tA prescribed motor bike licence is subject to the condition that the holder of the licence must not drive a motor bike, or attempt to put a motor bike in motion, on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood.\n\t(3)\tThe holder of a prescribed motor bike licence must not contravene the condition referred to in subsection (2).\n\t(4)\tIf a person is not willing to accept a licence subject to the condition imposed by subsection (2), the Registrar must refuse to issue a licence to the person.\n\t(5)\tSections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (3) of contravening the condition referred to in subsection (2) as if—\n\t(a)\ta reference in any of those sections to an offence against that Act was a reference to an offence against subsection (3); and\n\t(b)\ta reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section.\n\t(6)\tThis section applies in relation to a prescribed motor bike licence—\n\t(a)\twhether or not the licence is a provisional licence; and\n\t(b)\twhether the licence is issued or renewed before or after the commencement of this section.\n81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions\n\t(1)\tSubject to this section, if—\n\t(a)\ta person who holds a learner's permit, provisional licence or probationary licence commits an offence of contravening a prescribed condition; or\n\t(b)\ta person expiates an offence of contravening a prescribed condition allegedly committed while the holder of a learner's permit, provisional licence or probationary licence; or\n\t(c)\tdemerit points are incurred by a person and, in consequence—\n\t(i)\tthe total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a learner's permit or provisional licence equals or exceeds 4; or\n\t(ii)\tthe total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a probationary licence equals or exceeds 2,\n\t(d)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 6 months; and\n\t(e)\tthat, if the person holds any permit or licence when the notice takes effect, the permit or licence is cancelled.\n\t(2)\tIf the Registrar is required to give a person a notice under subsection (1), the Registrar may, in that notice or by subsequent written notice given to the person, require the person—\n\t(a)\tto attend, within a period specified in the notice, a lecture conducted pursuant to the regulations; and\n\t(b)\tto pay to the Registrar, in accordance with the notice, the attendance fee prescribed by the regulations.\n\t(3)\tA person must not, without reasonable excuse, fail to comply with a requirement made under subsection (2).\n\t(4)\tNotwithstanding the provisions of subsection (1), any notice given to a person under that subsection does not apply in relation to any unconditional licence held or sought by the person if the person held an unconditional licence when the offence giving rise to the notice was committed or allegedly committed.\n\t(5)\tNothing in this section derogates from any provision of this Act, or any other Act, dealing with disqualification from holding or obtaining permits or licences, or suspension of permits or licences.\n81BA—Safer Driver Agreements\n\t(1)\tIf a person has been or is liable to be given a notice of disqualification under section 81B as a consequence of an offence committed or allegedly committed while the holder of a provisional licence, the person is entitled to enter into a Safer Driver Agreement in lieu of suffering the disqualification if—\n\t(a)\tthe notice of disqualification related to an offence other than a serious disqualification offence; and\n\t(b)\tthe person has not, within the preceding period of 5 years, entered into a Safer Driver Agreement in lieu of suffering a disqualification; and\n\t(c)\tthe Magistrates Court has not, within the preceding period of 5 years, allowed an appeal by the person against a disqualification under section 81B.\n\t(2)\tA Safer Driver Agreement may be entered into by a person as follows:\n\t(a)\tthe person must give notice to the Registrar, in accordance with the regulations, of the person's intention to enter into the Safer Driver Agreement—\n\t(i)\twithin 21 days of the day specified in the notice of disqualification; or\n\t(ii)\twith the permission of the Registrar, within 28 days of the day specified in the notice of disqualification;\n\t(b)\tif the person has given notice in accordance with paragraph (a), the Safer Driver Agreement will be taken to have been entered into by the person—\n\t(i)\t28 days after—\n\t(A)\tif the notice of disqualification was served personally on the person—the day on which the person was so served; or\n\t(B)\tin any other case—the day specified in the notice of disqualification; or\n\t(ii)\tif, on the day referred to in subparagraph (i), the person is already disqualified from holding or obtaining a licence or permit—on the termination of that prior disqualification.\n\t(3)\tIf a Safer Driver Agreement is entered into by a person, the following provisions apply:\n\t(a)\tany licence that the person holds is cancelled and the person is, on application to the Registrar, entitled to a refund as if the person were surrendering the licence;\n\t(b)\tthe disqualification is removed and the person is entitled to apply for a licence;\n\t(c)\tsection 81A applies in relation to the person when applying for the licence as if, despite the removal of the disqualification, the person had been disqualified from holding or obtaining a licence as a consequence of the offence and were making the application at the end of the period of disqualification.\n\t(4)\tIf—\n\t(a)\ta person who holds a provisional licence issued on an application referred to in subsection (3)(b) commits an offence of contravening a prescribed condition; or\n\t(b)\ta person expiates an offence allegedly committed while the holder of a provisional licence issued on an application referred to in subsection (3)(b), being an offence of contravening a prescribed condition; or\n\t(c)\ta person incurs demerit points in respect of an offence committed or allegedly committed while the holder of a provisional licence issued on an application referred to in subsection (3)(b), and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of that licence equals or exceeds 4,\n\t(d)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 12 months; and\n\t(e)\tthat, if the person holds any licence when the notice takes effect, the licence is cancelled.\n\t(5)\tNothing in this section derogates from any provision of this Act, or any other Act, dealing with disqualification from holding or obtaining permits or licences, or suspension of permits or licences.\nred light offence has the same meaning as in section 79B of the Road Traffic Act 1961;\nserious disqualification offence means—\n\t(a)\tan offence against the Criminal Law Consolidation Act 1935; or\n\t(b)\tan offence that attracts 4 or more demerit points; or\n\t(c)\ta speeding offence that attracts 3 or more demerit points, if committed by the holder of a licence who has, while holding that licence, previously been convicted of, or expiated, another speeding offence that attracted 3 or more demerit points; or\n\t(d)\ta combination of a red light offence and a speeding offence arising out of the same incident; or\n\t(e)\tany offence committed by the holder of a licence who has previously been disqualified from holding or obtaining a licence or learner's permit in this State;\nspeeding offence has the same meaning as in section 79B of the Road Traffic Act 1961.\n81BB—Appeals to Magistrates Court\n\t(1)\tSubject to subsection (2), if a person has been given a notice of disqualification under section 81B as a consequence of an offence committed or allegedly committed while the holder of a provisional licence or probationary licence, the person may appeal to the Magistrates Court against the disqualification.\n\t(2)\tA person is not entitled to appeal against a disqualification under this section if—\n\t(a)\tthe person is, or was, entitled to elect to enter into a Safer Driver Agreement in accordance with section 81BA in lieu of suffering the disqualification; or\n\t(ab)\tthe person has, within the preceding period of 5 years, been disqualified from holding or obtaining a permit or licence in accordance with section 81BA(4); or\n\t(b)\tthe Magistrates Court has, within the preceding period of 5 years, allowed an appeal by the person against a disqualification under section 81B.\n\t(3)\tThe appellant and the Crown are entitled to be heard upon an appeal against a disqualification under section 81B.\n\t(4)\tThe Magistrates Court may allow an appeal if the Court is satisfied—\n\t(a)\tthat, on the basis of evidence given on oath by or on behalf of the appellant, the disqualification would result in severe and unusual hardship to the appellant or a dependant of the appellant; and\n\t(b)\tif the Crown submits evidence (whether orally or in writing) as to previous offences relating to the appellant's use of a motor vehicle for which the appellant has been found guilty or that the appellant has expiated—that such evidence does not indicate that the appellant is a substantial risk to the appellant or to other members of the public. \n\t(5)\tThe appellant's evidence must include evidence relating to the forms of transport that would be available to the appellant if the appeal were not allowed and why those forms of transport do not adequately meet the needs of the appellant or a dependant of the appellant.\n\t(6)\tWhere an appeal against disqualification has been instituted under this section, the disqualification and any related cancellation are suspended until the determination or withdrawal of the appeal.\n\t(7)\tIf the Magistrates Court allows an appeal by a person against a disqualification, the following provisions apply:\n\t(a)\tany licence that the person holds is cancelled and the person is, on application to the Registrar, entitled to a refund as if the person were surrendering the licence;\n\t(b)\tthe disqualification is removed and the person is entitled to apply for a licence;\n\t(c)\tsections 81A and 81AB apply in relation to the person when applying for the licence as if, despite the removal of the disqualification, the person had been disqualified from holding or obtaining a licence as a consequence of the offence and were making the application at the end of the period of disqualification;\n\t(d)\tthis Act applies in relation to the person when applying for the licence as if, despite the removal of the disqualification, the person had been disqualified from holding or obtaining a licence as a consequence of the offence and were making the application at the end of the period of disqualification;\n\t(g)\tif the licence issued to the person on the application referred to in paragraph (c) is a probationary licence, section 81AB(3) applies in relation to the person as if the reference in section 81AB(3) to 1 year was a reference to 18 months.\n\t(8)\tIf—\n\t(a)\ta person who holds a provisional licence or probationary licence issued on an application referred to in subsection (7)(c) commits an offence of contravening a prescribed condition; or\n\t(b)\ta person expiates an offence allegedly committed while the holder of a provisional licence or probationary licence issued on an application referred to in subsection (7)(c), being an offence of contravening a prescribed condition; or\n\t(c)\ta person incurs demerit points in respect of an offence committed or allegedly committed while the holder of a provisional licence issued on an application referred to in subsection (7)(c), and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of that licence equals or exceeds 4; or\n\t(ca)\ta person incurs demerit points in respect of an offence committed or allegedly committed while the holder of a probationary licence issued on an application referred to in subsection (7)(c) and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of that licence equals or exceeds 2,\n\t(d)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 12 months; and\n\t(e)\tthat, if the person holds any licence when the notice takes effect, the licence is cancelled.\n81BC—Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961\n\t(1)\tThis section applies to the following offences:\n\t(a)\tan alleged offence against section 45C of the Road Traffic Act 1961;\n\t(b)\tan alleged offence against section 79B of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of that Act (a section 79B offence).\n\t(2)\tSubject to this section, if a person expiates an offence to which this section applies, the Registrar must, on becoming aware of that fact, give the person written notice that—\n\t(a)\tthe person is disqualified from holding or obtaining a licence or learner's permit for the relevant period; and\n\t(b)\tif the person holds a licence or learner's permit when the notice takes effect—the licence or permit is suspended for the relevant period.\n\t(3)\tSubsection (2) does not apply—\n\t(a)\tif—\n\t(i)\ta section 45D notice has been given to the person in relation to the offence referred to in subsection (2); or\n\t(ii)\tin the case of an alleged offence against section 45C—no such notice has been given to the person but the Commissioner of Police has forwarded to the Registrar a request in writing that no notice be given to the person by the Registrar under subsection (2); or\n\t(ab)\tif the information available to the Registrar at the time indicates that the alleged offence is not a second or subsequent offence; or\n\t(b)\tin such other circumstances as may be prescribed by regulation. \n\t(3a)\tWhere—\n\t(a)\ta person expiates an offence to which this section applies (the later offence); and\n\t(b)\tthe information available to the Registrar at the time the Registrar becomes aware of that expiation indicates that it is not a second or subsequent offence; and\n\t(c)\tthe Registrar subsequently becomes aware that the person has been convicted of or has expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and\n\t(d)\tthe person would have received a notice under subsection (2) in respect of the later offence if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence),\nthe Registrar must, on becoming aware of those circumstances, give the person a notice under subsection (2) in respect of the later offence.\n\t(3b)\tThe regulations may prescribe circumstances in which subsection (3a) will not apply or may modify the operation of subsection (3a) in prescribed circumstances.\n\t(4)\tSubsections (9), (10), (11) and (12) of section 45D of the Road Traffic Act 1961 apply to the withdrawal of a notice given under subsection (2) and for that purpose a reference in those provisions to a section 45D notice will be taken to be a reference to a notice under subsection (2) and a reference to the Commissioner of Police will be taken to be a reference to the Registrar.\n\t(5)\tIf a person expiates an offence to which this section applies and a notice is given under subsection (2) but the expiation notice in respect of that offence is subsequently withdrawn, sections 45D(6), (7) and (8) and 45E of the Road Traffic Act 1961 apply in relation to the notice under subsection (2), and for that purpose a reference in those provisions to a section 45D notice will be taken to be a reference to a notice under subsection (2) and a reference to the Commissioner of Police in section 45E will be taken to include a reference to the Registrar.\n\t(6)\tPart 3E does not apply to a decision of the Registrar under this section.\n\t(7)\tFor the purposes of this section, the relevant period for which a person is disqualified from holding or obtaining a licence or learner's permit, or for which a licence or learner's permit held by the person is suspended, by written notice under subsection (2)—\n\t(b)\tends—\n\t(i)\tif the person given the notice under subsection (2) is notified in accordance with subsection (4) that the notice has been withdrawn; or\n\t(ii)\tif the expiation notice for the offence to which the notice under subsection (2) relates is withdrawn and the person given the notice under subsection (2) is notified in writing by or on behalf of the Commissioner of Police (whether that notification is given personally or by post) that the person—\n\t(A)\tis not to be charged with any offence to which this section applies arising out of the course of conduct to which the notice under subsection (2) relates; and\n\t(B)\tis not to be given an expiation notice in respect of such an offence; or\n\t(iii)\tin any event, at the end of 6 months from the commencement of the relevant period, less any period of disqualification or suspension that has applied, or is applicable, to the person under section 45D of the Road Traffic Act 1961 in respect of the offence to which the notice under this section relates.\n\t(8)\tIn determining whether an offence to which this section applies is a second or subsequent offence for the purposes of this section—\n\t(a)\tin the case of an offence against section 45C, any previous offence against section 45C for which the person has been convicted or that the person has expiated will be taken into account; and\n\t(b)\tin the case of a section 79B offence, any previous section 79B offence for which the person has been convicted or that the person has expiated will be taken into account,\nbut only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n\t(8a)\tIf a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly as if the Registrar had become aware of the expiations in that order).\n\t(8b)\tFor the avoidance of doubt, a person may be given a notice under this section in relation to a second or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second or subsequent offence.\n\t(9)\tIn this section—\nsection 45D notice means a notice of licence disqualification or suspension under section 45D of the Road Traffic Act 1961.\n81C—Disqualification for certain drink driving offences\n\t(1)\tThis section applies to an alleged category 1 offence against section 47B(1) of the Road Traffic Act 1961 other than an offence where—\n\t(a)\tthe vehicle involved is alleged to have been a prescribed vehicle within the meaning of section 47A of that Act; and\n\t(b)\tthe concentration of alcohol in the blood of the person is alleged to have been less than .05 grams in 100 millilitres of blood.\n\t(2)\tIf a person expiates an offence to which this section applies, the Registrar must, on becoming aware of that fact, give the person written notice—\n\t(a)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period being—\n\t(i)\tif the offence is a second offence—3 months; or\n\t(ii)\tif the offence is a third offence—6 months; or\n\t(iii)\tif the offence is a subsequent offence—12 months; and\n\t(b)\tthat, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled.\n\t(3)\tSubsection (2) does not apply if the information available to the Registrar at the time indicates that the alleged offence is not a second, third or subsequent offence.\n\t(4)\tWhere—\n\t(a)\ta person expiates an offence to which this section applies (the later offence); and\n\t(b)\tthe Registrar subsequently becomes aware that the person has been convicted of or expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and\n\t(c)\tif the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence)—\n\t(i)\tthe person would have been given a notice under subsection (2) disqualifying them from holding or obtaining a licence or learner's permit for the relevant period; or\n\t(ii)\tthe relevant period for which the person would have been disqualified by the notice under subsection (2) would have been longer,\nthe Registrar must, on becoming aware of that fact, give the person written notice that—\n\t(d)\tthe person is disqualified from holding or obtaining a licence or learner's permit—\n\t(i)\tin a case where paragraph (c)(i) applies—for the relevant period; or\n\t(ii)\tin any other case—for the prescribed additional period; and\n\t(e)\tif the person holds a licence or learner's permit when the notice takes effect—the licence or permit is cancelled.\n\t(5)\tThe regulations may prescribe circumstances in which subsection (4) will not apply or may modify the operation of subsection (4) in prescribed circumstances.\n\t(7)\tIn determining whether an offence to which this section applies is a first, second, third or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the prescribed period immediately preceding the date on which the offence to which this section applies is alleged to have been committed.\n\t(8)\tFor the purposes of subsection (7), the prescribed period is—\n\t(a)\tin the case of a previous offence that is a category 1 offence—3 years;\n\t(b)\tin any other case—5 years.\n\t(9)\tFor the purposes of this section, the prescribed additional period for which a person is disqualified from holding or obtaining a licence or learner's permit by written notice under subsection (4)—\n\t(b)\tends at the end of the period equal to the difference between the following:\n\t(i)\tthe relevant period for which the person would have been disqualified by the notice under subsection (2) if the person had been convicted of or expiated the previous offence before they expiated the later offence;\n\t(ii)\tthe relevant period for which the person was disqualified by the notice given to them under subsection (2).\n\t(10)\tIf a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly).\n\t(11)\tFor the avoidance of doubt, a person may be given a notice under this section in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence.\n81D—Disqualification for certain drug driving offences\n\t(1)\tThis section applies to an alleged offence against section 47BA(1) or (1a) of the Road Traffic Act 1961.\n\t(2)\tIf a person expiates an offence to which this section applies the following provisions apply:\n\t(a)\tif the person was given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence and the offence is a first offence, the Registrar must, on becoming aware of the expiation of the offence, give the person written notice that, if the person holds any licence or learner's permit when the notice is given, the licence or permit is cancelled;\n\t(b)\tif the person was given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence (and it is not a first offence), the Registrar must, on becoming aware of the expiation of the offence, give the person written notice—\n\t(i)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period being—\n\t(A)\tif the offence is a second offence—9 months; or\n\t(B)\tif the offence is a third offence—1 year and 9 months; or\n\t(C)\tif the offence is a subsequent offence—2 years and 9 months; and\n\t(ii)\tthat, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled;\n\t(c)\tin any other case—the Registrar must, on becoming aware of the expiation of the offence, give the person written notice—\n\t(i)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period being—\n\t(A)\tif the offence is a first offence—3 months; or\n\t(B)\tif the offence is a second offence—12 months; or\n\t(C)\tif the offence is a third offence—2 years; or\n\t(D)\tif the offence is a subsequent offence—3 years; and\n\t(ii)\tthat, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled.\n\t(2a)\tWhere—\n\t(a)\ta person expiates an offence to which this section applies (the later offence) and is given a notice under subsection (2)(a), (b) or (c) in respect of that offence; and\n\t(b)\tthe Registrar subsequently becomes aware that the person has been convicted of or expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and\n\t(c)\tif the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence)—\n\t(i)\tthe person would have been given a notice under subsection (2)(b) disqualifying them from holding or obtaining a licence or learner's permit for the relevant period; or\n\t(ii)\tthe relevant period for which the person would have been disqualified by the notice under subsection (2)(b) or (c) would have been longer,\nthe Registrar must, on becoming aware of that fact, give the person written notice that—\n\t(d)\tthe person is disqualified from holding or obtaining a licence or learner's permit for the prescribed additional period; and\n\t(e)\tif the person holds a licence or learner's permit when the notice takes effect—the licence or permit is cancelled.\n\t(2b)\tThe regulations may prescribe circumstances in which subsection (2a) will not apply or may modify the operation of subsection (2a) in prescribed circumstances.\n\t(3)\tIn determining whether an offence to which this section applies is a first, second, third or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the prescribed period immediately preceding the date on which the offence to which this section applies is alleged to have been committed.\n\t(4)\tFor the purposes of subsection (3), the prescribed period is 5 years.\n\t(5)\tFor the purposes of this section, the prescribed additional period for which a person is disqualified from holding or obtaining a licence or learner's permit by written notice under subsection (2a)—\n\t(b)\tends at the end of the period equal to the difference between the following:\n\t(i)\tthe relevant period for which the person would have been disqualified by the notice under subsection (2) if the person had been convicted of or expiated the previous offence before they expiated the later offence;\n\t(ii)\tthe period for which the person was disqualified in respect of the offence by the notice given to them under subsection (2) or by the notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 or by both such notices (as the case may be).\n\t(6)\tIf a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly).\n\t(7)\tFor the avoidance of doubt, a person may be given a notice under this section in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence.\n81E—Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions\ndisqualification means disqualification from holding or obtaining a licence or learner's permit;\nserious drink driving offence means any drink driving offence other than—\n\t(a)\ta category 1 offence; or\n\t(b)\ta category 2 offence that is a first offence.\n\t(2)\tIn determining whether a category 2 offence is a first offence for the purposes of this section, any previous drink driving offence (other than a category 1 offence) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.\n\t(3)\tSubject to subsection (4), if a person who applies for a licence—\n\t(a)\thas been disqualified from holding or obtaining a licence by order of a court on conviction for a serious drink driving offence committed on or after the commencement of this section; and\n\t(b)\tthe person has not held a licence since the end of the period of disqualification,\na licence issued to the person will be subject to the mandatory alcohol interlock scheme conditions (in addition to any conditions otherwise required) until—\n\t(c)\tthe conditions have been effective for the following period (the prescribed minimum period):\n\t(i)\tin the case of a person who has been given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence—\n\t(A)\tsubject to subsubparagraph (AB), a period equal to the aggregate of the period of licence disqualification or suspension that has applied as a result of the notice and the period of disqualification for the offence ordered by the court; or\n\t(AB)\tin the case of an order made under section 47IAA(9)(e)(i) of the Road Traffic Act 1961—the period equal to the period of disqualification for the offence ordered by the court; or\n\t(B)\ta period of 3 years,\nwhichever is the lesser;\n\t(ii)\tin any other case—\n\t(A)\ta period equal to the period of disqualification for the offence ordered by the court; or\n\t(B)\ta period of 3 years,\nwhichever is the lesser; and\n\t(d)\tthe person qualifies for the issue of a licence that is not subject to the mandatory alcohol interlock scheme conditions in accordance with subsection (5).\n\t(4)\tIf the applicant satisfies the Registrar, on such evidence as the Registrar may require, that prescribed circumstances exist in the particular case, a licence issued to the applicant will not be subject to the mandatory alcohol interlock scheme conditions.\n\t(5)\tThe holder of a licence subject to the mandatory alcohol interlock scheme conditions qualifies for the issue of a licence not subject to such conditions if—\n\t(a)\tthe conditions have been effective for the prescribed minimum period; and\n\t(b)\tthe Registrar is satisfied that, during the immediately preceding period of 3 months, the alcohol interlock fitted to the nominated vehicle for the person has not recorded any incidents of a kind specified in a notice by the Minister in the Gazette.\n\t(6)\tFor the purposes of this section, in determining whether the mandatory alcohol interlock conditions of a person's licence have been effective for the prescribed minimum period, the following periods are not to be taken into account:\n\t(a)\tany period during which an alcohol interlock was not fitted to the nominated vehicle for the person;\n\t(b)\tany period during which there was no nominated vehicle for the person;\n\t(c)\tany period during which the person's licence was suspended under this Act or another law of this State (unless the suspension came into operation before the commencement of this paragraph).\n81F—Mandatory alcohol interlock scheme conditions\n\t(1)\tThe mandatory alcohol interlock scheme conditions to which a licence is subject are as follows:\n\t(a)\ta condition that the holder of the licence must not drive a motor vehicle on a road other than a motor vehicle that the person has nominated to the Registrar in accordance with this section;\n\t(b)\ta condition that the holder of the licence must not drive the nominated vehicle on a road unless it is fitted with a properly functioning alcohol interlock that has been installed by an approved alcohol interlock provider;\n\t(c)\ta condition that the nominated vehicle must only be operated in accordance with instructions published by the Minister by notice in the Gazette;\n\t(d)\ta condition that the holder of the licence must not interfere with the alcohol interlock, or cause or permit the alcohol interlock to be interfered with;\n\t(e)\ta condition that the holder of the licence must, when driving the nominated vehicle on a road, carry in the vehicle a certificate, in a form approved by the Minister, issued by an approved alcohol interlock provider certifying that the alcohol interlock fitted to the vehicle was properly functioning when the vehicle was last examined by the provider;\n\t(f)\ta condition that the holder of the licence must, if required to do so by a police officer or an authorised officer when the nominated vehicle is in the person's charge on a road, produce the certificate for inspection by the officer;\n\t(g)\ta condition that the holder of the licence must produce the nominated vehicle for examination by an approved alcohol interlock provider at times and places from time to time fixed by the Registrar by notice given to the person in a manner and form determined by the Minister;\n\t(h)\ta condition that the holder of the licence must comply with any requirements prescribed by the regulations.\n\t(2)\tA motor vehicle must be nominated by the person in the person's application for the licence, or by written notice to the Registrar, by specifying the vehicle's registration number and any other details required by the Registrar.\n\t(3)\tNomination of a motor vehicle by the person is of no effect if the vehicle is a nominated vehicle for any other person.\n\t(4)\tA motor vehicle ceases to be a nominated vehicle for the person if the nomination is withdrawn by the person or, if the person is not the registered owner of the vehicle, by the registered owner, by written notice to the Registrar.\n\t(5)\tIn this section—\nauthorised officer does not include—\n\t(a)\tan authorised person as defined in the Local Government Act 1999; or\n\t(b)\tany other person who is not an employee in the public service.\n81G—Cessation of licence subject to mandatory alcohol interlock scheme conditions\n\t(1)\tIf a person voluntarily surrenders a licence subject to the mandatory alcohol interlock scheme conditions or ceases to hold such a licence for any other reason before the person qualifies for the issue of a licence not subject to such conditions in accordance with section 81E, a licence subsequently issued to the person will be subject to the conditions until—\n\t(a)\tthe aggregate of the periods for which the conditions have applied in relation to the person equals the prescribed minimum period specified in section 81E; and\n\t(b)\tthe person qualifies for the issue of a licence not subject to the conditions in accordance with that section.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\ta person ceases to hold a licence if the licence is suspended under this Act or another law of this State;\n\t(b)\tin determining a period for which mandatory alcohol interlock scheme conditions have applied in relation to a person, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection).\n81H—Contravention of mandatory alcohol interlock scheme conditions\n\t(1)\tThe holder of a licence subject to the mandatory alcohol interlock scheme conditions must not contravene any of the conditions.\n\t(2)\tA person must not assist the holder of a licence subject to the mandatory alcohol interlock scheme conditions to operate a motor vehicle, or interfere with an alcohol interlock, in contravention of any of the conditions.\n\t(3)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by the Registrar certifying that—\n\t(a)\ta specified motor vehicle was or was not, or no vehicle was, at a specified time, a nominated vehicle for a specified person; or\n\t(b)\ta written notice was served on a specified person fixing specified times and places at which a specified motor vehicle must be produced for examination by an approved alcohol interlock provider,\nwill be accepted as proof of the matters stated in the certificate in the absence of proof to the contrary.\n\t(4)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by the Registrar certifying that an alcohol interlock fitted to a specified motor vehicle recorded electronically that the vehicle was operated at a specified time in contravention of an instruction published by the Minister by notice in the Gazette will be accepted as proof that the vehicle was operated at that time in contravention of that instruction in the absence of proof to the contrary.\n\t(5)\tSubsection (4) does not apply unless it is proved that the alcohol interlock fitted to the motor vehicle was tested by an approved alcohol interlock provider (or an employee of an approved alcohol interlock provider) not more than the prescribed number of days before and not more than the prescribed number of days after the time of the vehicle's operation specified in the certificate and found on each occasion to be properly functioning.\n\t(6)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by an approved alcohol interlock provider (or an employee of an approved alcohol interlock provider) certifying that—\n\t(a)\tan alcohol interlock was, on a specified date, installed in a specified motor vehicle; or\n\t(b)\tan alcohol interlock fitted to a specified motor vehicle was tested by that person on a specified day and found to be properly functioning; or\n\t(c)\tan alcohol interlock was, on a specified date, removed from a specified motor vehicle,\nwill be accepted as proof of the matters stated in the certificate in the absence of proof to the contrary.\n\t(7)\tIn proceedings for an offence against this section, if it is proved that—\n\t(a)\ta specified motor vehicle was operated at a specified time in contravention of an instruction published by the Minister by notice in the Gazette; and\n\t(b)\tthe vehicle was a nominated vehicle for a specified person at that time,\nit will be presumed, in the absence of proof to the contrary, that the vehicle was so operated by that person at that time.\n\t(8)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by the Registrar certifying that a specified motor vehicle was not produced for examination by an approved alcohol interlock provider at a specified time and place will be accepted as proof of the matters stated in the certificate in the absence of proof to the contrary.\n82—Vehicle offences and unsuitability to be granted or hold licence or permit\n\t(1)\tThe Registrar may—\n\t(a)\trefuse to issue a licence or learner's permit to a person or to renew a person's licence or learner's permit; or\n\t(b)\tsuspend a person's licence or learner's permit for a specified period; or\n\t(c)\tcancel a person's licence and issue in its place a probationary or provisional licence subject to probationary or provisional licence conditions effective for a specified period; or\n\t(d)\tcancel a person's licence or learner's permit,\nif the person has been convicted of or has expiated an offence, or series of offences, involving the use of a motor vehicle (whether in this State or elsewhere) such that it appears that the person should not hold a licence or permit, or should hold a licence subject to conditions, in order to prevent accident or injury or a repetition of the offence or offences by the person.\n\t(2)\tIf the Registrar has refused to issue a licence or permit to a person, or to renew a person's licence or permit, or has cancelled a person's licence or permit, in accordance with this section, the Registrar may refuse to consider further applications by the person for the issue or renewal of a licence or permit if—\n\t(a)\tit appears to the Registrar that the person is acting in a frivolous or vexatious manner in making the applications; or\n\t(b)\tthe person has failed to provide evidence that satisfies the Registrar that it no longer appears that the person should not hold a licence or permit in order to prevent accident or injury or a repetition of the offence or offences by the person.\n83—Consequences of certain orders or administrative actions outside State\n\t(a)\tthe Registrar becomes aware that, under a law of another State or Territory of the Commonwealth, an order has been made or administrative action has been taken that affects a person's licence or other authority to drive a motor vehicle in that State or Territory; and\n\t(b)\tthe person holds a licence or learner's permit,\nthe Registrar must take such action in relation to the licence or permit as may be necessary to give effect to the order or administrative action as if it had been made or taken in this State in relation to the licence or permit.\n\t(2)\tIf the Registrar becomes aware that, under a law of another State or Territory of the Commonwealth, an order has been made or administrative action has been taken that results in—\n\t(a)\ta person's licence or other authority to drive a motor vehicle in that State or Territory being suspended; or\n\t(b)\ta person being disqualified from holding or obtaining a licence or other authority to drive a motor vehicle in that State or Territory,\nthe Registrar must refuse to issue a licence or learner's permit to the person during the period of suspension or disqualification.\n\t(a)\tthe Registrar becomes aware that, under a law of another country, an order has been made or administrative action has been taken that affects a person's licence or other authority to drive a motor vehicle in that country; and\n\t(b)\tthe person holds a licence or learner's permit,\nthe Registrar may take such action in relation to the licence or permit as may be necessary to give effect to the order or administrative action as if it had been made or taken in this State in relation to the licence or permit.\n\t(4)\tIf the Registrar becomes aware that, under a law of another country, an order has been made or administrative action has been taken that results in—\n\t(a)\ta person's licence or other authority to drive a motor vehicle in that country being suspended; or\n\t(b)\ta person being disqualified from holding or obtaining a licence or other authority to drive a motor vehicle in that country,\nthe Registrar may refuse to issue a licence or learner's permit to the person during the period of suspension or disqualification.\n84—Cancellation of licence or permit where issued in error\nIf the Registrar is satisfied that a licence or learner's permit has been issued or renewed in error, the Registrar may cancel the licence or permit.\n85—Procedures for suspension, cancellation or variation of licence or permit\n\t(1)\tIf the Registrar decides to exercise a power to suspend, cancel or (otherwise than on the person's application) vary a person's licence or learner's permit, the Registrar must give the person notice in a manner and form determined by the Minister of—\n\t(a)\tthe reasons for the suspension, cancellation or variation; and\n\t(b)\tany action required to be taken to have the suspension removed or to avoid the cancellation or variation; and\n\t(c)\tthe date on which the licence or permit is to be suspended, cancelled or varied; and\n\t(d)\tthe right to apply for a review of the decision.\n\t(2)\tThis section does not apply where the Registrar is required, under any Act or law, to exercise a power to suspend, cancel or vary a person's licence or learner's permit.\n91—Effect of suspension and disqualification\n\t(1)\tThis section and section 93 apply to suspensions and disqualifications imposed under this or any other Act.\n\t(2)\tWhile a licence or learner's permit is suspended it has no force or effect.\n\t(3)\tSubject to section 81B(4), while a person is disqualified from holding and obtaining a licence or learner's permit, any licence or learner's permit held or obtained by that person has no force or effect.\n\t(4)\tThe Registrar must not issue a licence or learner's permit to any person who is so disqualified.\n\t(5)\tA person must not drive a motor vehicle on a road while the person's licence or learner's permit is suspended under section 38 of the Fines Enforcement and Debt Recovery Act 2017.\n\t(a)\tin the case of a first offence—imprisonment for 6 months; or\n\t(b)\tin the case of a subsequent offence—imprisonment for 2 years.\n\t(5a)\tA person must not drive a motor vehicle on a road while the person's licence or learner's permit is suspended (other than under section 38 of the Fines Enforcement and Debt Recovery Act 2017) or while disqualified in this State or another State or Territory of the Commonwealth from holding or obtaining a licence or learner's permit.\n\t(a)\tin the case of a first offence—imprisonment for 12 months; or\n\t(b)\tin the case of a subsequent offence—imprisonment for 3 years.\n\t(6)\tSubsection (5a) does not apply to a person driving a motor vehicle on a road in accordance with an unconditional licence to which the disqualification does not apply in accordance with section 81B(4).\n93—Notice to be given to Registrar\n\t(1)\tIf a court—\n\t(a)\tconvicts a person of an offence that attracts demerit points under this Act; or\n\t(b)\tfinds a person guilty of the offence of contravening or failing to comply with a condition of a permit or licence under this Act; or\n\t(c)\tmakes an order affecting demerit points or disqualifying a person from holding or obtaining a driver's licence; or\n\t(d)\tmakes an order under section 45E or 47IAB of the Road Traffic Act 1961; or\n\t(da)\tmakes an order under section 47J(9) of the Road Traffic Act 1961 revoking a disqualification; or\n\t(e)\tmakes an order modifying a person's driver's licence,\nthe proper officer of the court must notify the Registrar in writing of the date of the finding or order, the nature and effect of the finding or order and short particulars of the grounds on which the finding or order was made.\n\t(2)\tIf any such finding or order is quashed or varied by a court on appeal, the proper officer of the court must forthwith notify the Registrar in writing of the date of the order made on the appeal and the effect of the order.\n\t(3a)\tIf a person expiates an offence that—\n\t(a)\tattracts demerit points under this Act; or\n\t(b)\tis an offence of contravening a condition of a learner's permit, probationary licence or provisional licence,\nthe Commissioner of Police, the issuing authority (within the meaning of the Expiation of Offences Act 1996) or the Chief Recovery Officer (whoever first becomes aware that the person has expiated the offence) must send to the Registrar notice in writing of the expiation.\n\t(3b)\tWhere the Commissioner of Police withdraws an expiation notice in relation to which notice under subsection (3a) has been given, the Commissioner must, by further notice in writing, advise the Registrar forthwith of the withdrawal and the grounds upon which the withdrawal was made.\n\t(3c)\tIf a person is, for the purposes of subsection (3a), taken to have expiated an offence to which that subsection applies on the making of an enforcement determination under the Fines Enforcement and Debt Recovery Act 2017 and the enforcement determination is subsequently revoked under that Act—\n\t(a)\tin the case of revocation by a court—the court; or \n\t(b)\tin any other case—the Chief Recovery Officer,\nmust forthwith notify the Registrar in writing of the revocation.\nproper officer means—\n\t(a)\tin relation to the Supreme Court, the registrar of that court;\n\t(b)\tin relation to any other court, the clerk of that court.\n94—Administrative errors and notices of disqualification\n\t(1)\tIf, as a result of an administrative error, a notice of disqualification is not given to a person by the Registrar within 12 months after the person became liable to be given that notice of disqualification under this Act, the Registrar must not give the notice of disqualification to the person (despite any other provision of this Act).\n\t(2)\tFor the purposes of subsection (1) (and despite section 139BD), the Registrar will be taken to have given a notice of disqualification to a person if the Registrar has sent such a notice to the person by post, even if the person has failed to comply with a requirement made under section 139BD(3) within the period specified in the notice.\nnotice of disqualification has the same meaning as in section 139BD.\n96—Duty to produce licence or permit\n\t(1)\tThe driver of a motor vehicle, if requested by a police officer to produce the driver's licence or learner's permit, must produce the licence or learner's permit either—\n\t(b)\twithin 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request.\n\t(2)\tA document purporting to be signed by the Commissioner of Police and purporting to certify that a licence or learner's permit has not been produced as required by this section is, in the absence of proof to the contrary, proof of the matter purporting to be so certified.\n\t(3)\tA person must not falsely represent to a police officer that the person is the person named in a licence or learner's permit.\ndriver includes—\n\t(a)\ta person sitting next to the holder of a learner's permit in a vehicle being driven by the holder of the permit;\n\t(b)\ta person being carried as a passenger on, or in a sidecar attached to, a motor bike being driven by the holder of a learner's permit;\npolice officer includes an authorised officer.\n97—Duty to produce licence or permit at court\n\t(1)\tA driver who holds a licence or learner's permit and is charged with an offence against any provision of any Act relating to motor vehicles must, if so required by the court, a police officer or the Registrar, produce the driver's licence or learner's permit to the court at the time of the hearing of the charge.\n\t(2)\tIt is a defence to a charge under this section to prove that the defendant had a reasonable excuse for not producing the licence or learner's permit.\n97A—Visiting motorists\n\t(1)\tSubject to this section, a person may drive a motor vehicle on roads in this State without holding a licence under this Act if—\n\t(a)\tthe person holds—\n\t(i)\tan interstate licence or interstate learner's permit that authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; or\n\t(ii)\tan interstate licence or interstate learner's permit and an exemption under a law of the place where the licence or permit was issued from the requirement to hold a driver's licence that authorises the driving of a motor vehicle of the class to which that motor vehicle belongs; or\n\t(iii)\t—\n\t(A)\ta foreign licence that authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; and\n\t(B)\tan international driving permit; or\n\t(iv)\ta foreign driver's licence that—\n\t(A)\tauthorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; and\n\t(B)\tis written in English or is accompanied by an English translation; and\n\t(b)\t—\n\t(i)\tin the case of a person who holds an interstate licence or interstate learner's permit—\n\t(A)\tthe person has not resided in this State for a continuous period of more than three months; or\n\t(B)\tthe person has resided in this State for a continuous period of more than three months but also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence; or\n\t(ii)\tin the case of a person who holds a foreign licence and is a permanent resident or citizen of Australia—the person has not resided in this State for a continuous period of more than 3 months; and\n\t(c)\tthe person is not disqualified from holding or obtaining—\n\t(i)\tan interstate licence or interstate learner's permit in any State or Territory of the Commonwealth; or\n\t(ii)\ta foreign licence in any country.\n\t(2)\tIf the Registrar is of the opinion that—\n\t(a)\ta person to whom subsection (1) applies is not suitable to drive a motor vehicle in this State; or\n\t(b)\tthe ability of a person to whom subsection (1) applies to drive a motor vehicle safely is impaired due to a permanent or long-term injury or illness,\nthe Registrar may give the person notice in writing—\n\t(c)\tprohibiting the person from driving a motor vehicle on roads in this State without holding a driver's licence issued under this Act while the notice is in force; and\n\t(d)\tstating the reasons for the giving of the notice; and\n\t(e)\tspecifying any action that may be taken by the person to regain the benefit of subsection (1); and\n\t(f)\tadvising of the right to apply for a review of the decision.\n\t(2a)\tThe Registrar may revoke a notice under subsection (2) by further notice in writing to the person.\n\t(2b)\tIf the Registrar gives a person a notice under subsection (2), subsection (1) does not apply to the person while the notice is in force.\n\t(2c)\tIf the Chief Recovery Officer determines under section 40 of the Fines Enforcement and Debt Recovery Act 2017 that the operation of this section is suspended insofar as it applies to a specified person, subsection (1) does not apply to the person while the determination is in force.\n\t(3)\tA person when driving a vehicle in this State pursuant to subsection (1) must carry the licence or permit and must produce it if requested to do so by—\n\t(a)\ta police officer; or\n\t(b)\tan authorised officer.\n\t(4)\tIf a person drives a vehicle in this State pursuant to subsection (1)—\n\t(a)\tthe person's licence or permit will, for the purposes of section 74 and any other prescribed law, be taken to be a licence or permit (as the case may be) under this Act; and\n\t(b)\tthe licence or permit is subject to any conditions that apply to the licence or permit in the jurisdiction in which it was issued (other than conditions that apply only in circumstances that are unique to that other jurisdiction or that are prescribed by the regulations) and such conditions are enforceable as if they were imposed under this Act; and\n\t(c)\tthe licence or permit will, for the purposes of a contract or policy of insurance relating to the vehicle, be taken to be a licence or permit under this Act.\n\t(5)\tA reference in subsection (3) or (4) to a person's licence or permit includes a reference to any exemption, international driving permit or Driver Identification Document that the person is required to hold under subsection (1) in addition to an interstate licence, interstate permit or foreign licence.\nContracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949;\ninternational driving permit means a permit issued by—\n\t(a)\ta competent authority of a Contracting State or a subdivision of such a State; or\n\t(b)\tan association duly empowered by such an authority,\nin accordance with the United Nations Convention on Road Traffic, Geneva, 1949;\ninterstate learner's permit includes a licence issued under the law of New Zealand that corresponds to a learner's permit under this Act;\npermanent resident means a person who holds a current permanent visa under the Migration Act 1958 of the Commonwealth.\n98AAA—Duty to carry licence when driving heavy vehicle\n\t(1)\tA person must carry the person's driver's licence at all times while driving a heavy vehicle on a road and must produce the licence forthwith if requested to do so by a police officer.\n\t(1a)\tIn subsection (1)—\npolice officer includes an authorised officer.\n\t(2)\tIt is a defence to a charge of an offence against this section if it is proved that the vehicle was being used on a journey wholly—\n\t(a)\twithin a radius of 80 kilometres from a farm occupied by the driver of the vehicle; and\n\t(b)\toutside Metropolitan Adelaide within the meaning of the Development Act 1993.\n98AA—Duty to carry licence when teaching holder of learner's permit to drive\nThe holder of a motor driving instructor's licence must display the licence on the holder's person at all times—\n\t(a)\twhen seated next to the holder of a learner's permit in a vehicle being driven by the holder of the permit; or\n\t(b)\twhen carried as a passenger on, or in a sidecar attached to, a motor bike being driven by the holder of a learner's permit.\n98AAB—Duty to carry probationary licence, provisional licence or learner's permit\nA person who holds a probationary licence, provisional licence or learner's permit must carry the licence or permit at all times while driving a motor vehicle and must produce the licence or permit immediately if requested to do so by a police officer.\n98AAC—Issue of duplicate licence or learner's permit\nOn application by the holder of a licence or learner's permit and payment of the prescribed fee, the Registrar may, if satisfied that the licence or learner's permit has been lost, stolen or destroyed, or on the surrender of the licence or permit to the Registrar, issue to the holder a duplicate licence or learner's permit.\n98AAD—Licence or learner's permit falsely obtained is void\n\t(1)\tA licence or learner's permit that is issued or renewed by the Registrar on the basis of a false or misleading statement of the applicant or false or misleading evidence produced by the applicant is void and of no effect.\n\t(2)\tA person must not, without lawful excuse, have possession of a licence or learner's permit that was issued or renewed by the Registrar on the basis of a false or misleading statement of the applicant or false or misleading evidence produced by the applicant.\n98AAE—Licence or learner's permit unlawfully altered or damaged is void\n\t(1)\tIf a person, without lawful authority, wilfully alters, defaces or otherwise damages a licence or learner's permit—\n\t(a)\tthe person is guilty of an offence and liable to a fine not exceeding $2 500; and\n\t(b)\tthe licence or permit is void and of no effect.\n\t(2)\tA person who, without lawful authority, possesses a licence or learner's permit that has been wilfully altered, defaced or damaged is guilty of an offence.\n98AAF—Duty on holder of licence or learner's permit to notify illness etc\nThe holder of a licence or learner's permit who, during the term of the licence or permit, suffers any illness or injury that may impair the holder's competence to drive a motor vehicle without danger to the public must, within a reasonable time after the occurrence of the illness or injury, notify the Registrar in writing of that fact.\n98AAG—Exemptions for Aboriginal persons in remote areas\n\t(1)\tSubject to this section, the Minister may, by instrument in writing or by notice in the Gazette—\n\t(a)\texempt a specified person, or a person of a specified class, from specified provisions of this Part subject to such conditions as the Minister thinks fit and specifies in the instrument or notice of exemption; or\n\t(b)\tvary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition.\n\t(2)\tAn exemption under this section may only be granted for the purpose of enabling an Aboriginal person who ordinarily resides in a remote area to obtain a licence under this Act.\n\t(3)\tAn exemption under this section expires when the person to whom the exemption applies is issued with an unconditional licence under this Act.\nAboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent;\nremote area means—\n\t(a)\tthe lands as defined in the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or\n\t(b)\tthe lands as defined in the Maralinga Tjarutja Land Rights Act 1984; or\n\t(c)\tlands prescribed by regulation.\n","sortOrder":16},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Motor driving instructors' licences","content":"Part 3A—Motor driving instructors' licences\n98A—Instructors' licences\n\t(1)\tA person who is not the holder of a current motor driving instructor's licence must not, for fee, reward, salary, wages or other remuneration or for any other consideration paid or payable by any person, teach any other person to drive a motor vehicle.\n\t(2)\tIf the Registrar is satisfied that an applicant for an instructor's licence—\n\t(a)\tholds an unconditional licence and has, during the period of 5 years immediately preceding the application, held such a licence for 2 years or periods totalling 2 years (excluding, if the applicant has been disqualified from holding or obtaining a licence in this State, or from holding or obtaining an interstate licence in another State or Territory of the Commonwealth, any period preceding the period of disqualification); and\n\t(b)\thas, during the period of 5 years immediately preceding the application, held a driver's licence in this State or elsewhere for 4 years or periods totalling 4 years (excluding, if the applicant has been disqualified from holding or obtaining such a licence in this State or elsewhere, any period preceding the period of disqualification); and\n\t(c)\tis a fit and proper person to hold an instructor's licence; and\n\t(d)\tis proficient as a motor driving instructor,\nthe Registrar must issue to the applicant an instructor's licence in a form determined by the Minister.\n\t(2aa)\tAn instructor's licence may be issued subject to such conditions as the Registrar thinks fit.\n\t(2a)\tAn application for an instructor's licence must be made in a manner and form determined by the Minister and must be accompanied by the prescribed fee.\n\t(3)\tEvery instructor's licence will, subject to this Act, remain in force for a period, not exceeding five years, specified on the licence, but nothing in this subsection precludes the issue, subject to this Act, of a further instructor's licence to the holder to take effect upon the expiration of an earlier instructor's licence.\n\t(4)\tOn surrender of an instructor's licence, the person surrendering the licence is, subject to the regulations, entitled to a refund of a proportion of the licence fee determined in accordance with the regulations.\n\t(5)\tIn order to test the proficiency of any applicant for an instructor's licence (whether or not the applicant is or has been the holder of such a licence) the Registrar may require the applicant to undergo such tests as the Registrar may think necessary, whether written, oral or practical, and those tests must, without limiting the generality of the foregoing, include examination in traffic laws, driving practices, vehicle manipulation and teaching technique.\n\t(6)\tWhere the driver's licence of any holder of an instructor's licence is cancelled or suspended or any such holder otherwise ceases to hold a driver's licence, the instructor's licence automatically ceases to have any effect, and where the driver's licence of any such holder is suspended, the instructor's licence, unless cancelled pursuant to the provisions of this Part, is automatically suspended for the same period.\n\t(7)\tThe Registrar may cancel any instructor's licence or suspend any instructor's licence for such term as the Registrar thinks fit if satisfied that the holder has been guilty of conduct making the holder unfit to hold such a licence.\n\t(8)\tWhere an instructor's licence is suspended, it has no effect during the term of the suspension.\n\t(9)\tThe provisions of sections 96, 98AAC, 139BA and 141(1)(a) apply to and in respect of holders of instructor's licences as if the words \"instructor's licence\" were substituted for the word \"licence\" wherever it occurs in those sections and that paragraph.\n\t(10)\tThis section does not apply to—\n\t(a)\ta police officer acting in the execution of duty; or\n\t(b)\ta person who teaches another to drive a motor vehicle if both the teacher and the learner are employed by the same employer and are acting in the ordinary course of their employment.\n","sortOrder":17},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Demerit points scheme","content":"Part 3B—Demerit points scheme\n98AB—Interpretation\n\t(1)\tIn this Part, a reference to an offence committed by a person includes a reference to an offence allegedly committed by a person that the person has expiated.\n\t(2)\tIn this Part—\nexpiate includes pay the amount payable in connection with an infringement notice or penalty notice issued under a law of another State or Territory of the Commonwealth in respect of an alleged offence.\n98B—Demerit points for offences in this State\n\t(1)\tWhere a person is convicted of, or expiates, an offence of a kind prescribed by the regulations, the number of demerit points prescribed by the regulations in relation to that offence is, subject to this section, incurred by that person.\n\t(1aa)\tWhere a natural person is convicted of, or expiates, an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a prescribed offence, the number of demerit points prescribed by the regulations in relation to the prescribed offence in which the vehicle appears to have been involved is, subject to this section, incurred by the person.\n\t(1a)\tDemerit points are not incurred on the conviction of a person for an offence if the person has already incurred demerit points for that offence by virtue of being treated as if the person has expiated the offence in accordance with the Expiation of Offences Act 1996.\n\t(3)\tSubject to this section, if a person is convicted of or expiates two or more offences arising from the same incident, demerit points are incurred only in respect of the offence (or one of the offences) that attracts the most demerit points.\n\t(3a)\tIf a person is convicted of or expiates two or more offences arising from the same incident and one of the offences is a red light offence and another is a speeding offence, demerit points are incurred in respect of both the red light offence and the speeding offence.\n\t(3b)\tIf a person is convicted of or expiates an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of two or more prescribed offences arising out of the same incident and one of the prescribed offences is a red light offence and another is a speeding offence, the number of demerit points incurred for the offence against section 79B(2) is the sum of the number of demerit points prescribed by the regulations in relation to the red light offence and the number of demerit points prescribed by the regulations in relation to the speeding offence.\n\t(3c)\tIn subsections (3a) and (3b)—\nprescribed offence means an offence that is a prescribed offence within the meaning of section 79B of the Road Traffic Act 1961;\nred light offence means an offence that is a red light offence within the meaning of section 79B of the Road Traffic Act 1961;\nspeeding offence means an offence that is a speeding offence within the meaning of section 79B of the Road Traffic Act 1961.\n\t(4)\tIf a court by which a person is convicted of an offence is satisfied by evidence given on oath forthwith on conviction that the offence is trifling, or that any other proper cause exists, it may order that a reduced number of demerit points, or no demerit points, are incurred by the person in respect of that offence.\n98BB—Demerit points for offences interstate\nWhere demerit points are incurred or recorded by or in relation to a person under a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part, they will be taken to be incurred by that person under this Part.\n98BC—Liability to disqualification\n\t(1)\tIf a person (other than the holder of an interstate learner's permit or interstate licence) has incurred an aggregate of 12 or more demerit points in respect of offences committed within a period of 3 years up to and including the most recent date on which the person committed an offence in respect of which the person incurred demerit points, the person is liable to be disqualified under this Part from holding or obtaining a licence or learner's permit for the prescribed period.\n\t(2)\tIf a person who holds an interstate learner's permit or interstate licence has incurred an aggregate of 12 or more demerit points in respect of offences of a kind prescribed by the regulations for the purposes of this subsection committed within a period of three years up to and including the most recent date on which the person committed an offence of that kind in respect of which the person incurred demerit points, the person is liable to be disqualified under this Part from holding or obtaining a licence or learner's permit for the prescribed period.\n\t(3)\tFor the purposes of this section, the prescribed period of disqualification is—\n\t(a)\twhere the number of demerit points incurred within the period of three years referred to in subsection (1) or (2) is not less than 12 points but not more than 15 points—three months;\n\t(b)\twhere the number of demerit points incurred within the period of three years referred to in subsection (1) or (2) is not less than 16 points but not more than 19 points—four months;\n\t(c)\twhere the number of demerit points incurred within the period of three years referred to in subsection (1) or (2) is 20 or more points—five months.\n98BD—Notices to be sent by Registrar\n\t(1)\tSubject to this section, the Registrar must give a person written notice when the person has incurred a number or aggregate of demerit points equal to or exceeding one-half of the number that results in liability to be disqualified under section 98BC.\n\t(2)\tIf a person is liable to be disqualified under section 98BC, the Registrar must on becoming aware of that fact, subject to this section, give the person written notice—\n\t(a)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the prescribed period referred to in section 98BC; and\n\t(b)\tthat, if the person holds any licence or learner's permit when the notice takes effect, the licence or learner's permit is suspended for that prescribed period.\n\t(3a)\tA notice under this section must inform the person of the person's right to make an election under section 98BE.\n\t(4)\tThe Registrar may, but is not required to, give notice under this section to a person who the Registrar is satisfied is not usually resident in this State.\n\t(5)\tThe operation of this Part is not affected by any failure to comply with subsection (1).\n98BE—Disqualification and discounting of demerit points\n\t(1)\tA notice of disqualification under section 98BD(2) does not take effect if the person to whom the notice is given makes an election under subsection (2).\n\t(2)\tIf a person who holds a licence is given a notice of disqualification under section 98BD(2), the person may, by notice given to the Registrar in accordance with the regulations—\n\t(a)\twithin 21 days of the day specified in the notice of disqualification; or\n\t(b)\twith the permission of the Registrar, within 28 days of the day specified in the notice of disqualification,\nelect, in lieu of suffering disqualification, to accept a condition on the licence requiring the person to be of good behaviour for a period of 12 months commencing on the day on which the notice of disqualification would have taken effect in accordance with section 139BD.\n\t(2a)\tIf a person incurs 2 or more demerit points in relation to 1 or more offences committed by the person while the holder of a licence subject to the condition referred to in subsection (2), the Registrar must, on becoming aware of that fact, give the person written notice—\n\t(a)\tthat, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence for a period that is twice the period for which the disqualification would have applied under section 98BC if the person's licence had not been subject to that condition; and\n\t(b)\tthat, if the person holds any licence when the notice takes effect, the licence is suspended during the period of disqualification.\n\t(5)\tWhere a disqualification under section 98BC or a condition under subsection (2) has taken effect, the following demerit points are discounted:\n\t(a)\tall demerit points in respect of the offence that brought the aggregate of the demerit points to 12 or more (and led to notice of disqualification being sent to the person under section 98BD);\n\t(b)\tall demerit points in respect of offences committed prior to the time at which the person committed that offence (whether or not the person had been convicted of, or had expiated, those offences when the disqualification or condition took effect).\n98BF—Effect of appeal or rehearing on disqualification and discounting\n\t(1)\tWhere a disqualified person—\n\t(a)\tinstitutes an appeal against a conviction for an offence in respect of which demerit points were incurred that are included in the points resulting in the disqualification; or\n\t(b)\tapplies for a rehearing of the proceedings that led to the conviction,\nthe disqualification is inoperative until the appeal or application for rehearing is determined or withdrawn.\n\t(2)\tIf, following an appeal against conviction for an offence or a rehearing of proceedings that lead to a conviction for an offence, the person is no longer disqualified, any demerit points for other offences discounted under section 98BE(5) in respect of that disqualification must be reinstated.\n98BH—Court not to take into account demerit points\nA court in determining the penalty to be imposed on a person convicted of an offence must not take into account the fact that, in consequence of the conviction, demerit points will be incurred by the person.\n98BI—Notification of demerit points to interstate licensing authorities\n\t(1)\tThe Registrar must notify the licensing authority of another State or Territory of the Commonwealth of—\n\t(a)\tdemerit points incurred under this Act in respect of an offence of a kind prescribed by the regulations for the purposes of this subsection by—\n\t(i)\ta person who holds an interstate learner's permit or interstate licence issued in that State or Territory; or\n\t(ii)\ta person who does not hold a licence or learner's permit under this Act or an interstate learner's permit or interstate licence but who resides in that State or Territory; and\n\t(b)\tsuch information about the person and the offence in respect of which the person incurred the demerit points as the Registrar considers appropriate.\nlicensing authority means the person or body responsible for issuing interstate learner's permits and interstate licences under a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part.\n","sortOrder":18},{"sectionNumber":"Part 3C","sectionType":"part","heading":"Towtrucks","content":"Part 3C—Towtrucks\n98D—Certain towtruck drivers required to hold certificates\n\t(1)\tSubject to subsection (2), a person who is not the holder of a towtruck certificate or temporary towtruck certificate must not drive or operate the equipment of a towtruck within the declared area.\n\t(2)\tSubsection (1) does not prevent a person who does not hold a towtruck certificate or temporary towtruck certificate from driving or operating the equipment of a towtruck within the declared area in the course of a business conducted from a place of business outside the declared area, provided that the towtruck is not used for the purpose of towing a motor vehicle damaged in an accident occurring within the declared area.\n98E—Applications for towtruck certificates\n\t(1)\tAn application for a towtruck certificate must be made to the Registrar in such manner and form, contain such information and be accompanied by such papers and documents (including photographs) as the Registrar may require.\n\t(2)\tAn applicant for a towtruck certificate must, if the Registrar so requires—\n\t(a)\tundergo such tests or furnish such other evidence as the Registrar may require of ability to drive and operate the equipment of a towtruck of a kind specified by the Registrar; and\n\t(b)\tfurnish the Registrar with such further information, papers or documents as the Registrar may require; and\n\t(c)\tverify by statutory declaration information furnished for the purposes of the application.\n\t(3)\tAn applicant for a towtruck certificate must at the time of making the application pay the prescribed application fee to the Registrar.\n98F—Entitlement to be granted towtruck certificates\n\t(1)\tSubject to this Act, an applicant is entitled to be granted a towtruck certificate if the applicant—\n\t(a)\tis of or above the age of 18 years; and\n\t(b)\tis the holder of a driver's licence granted and in force under Part 3; and\n\t(c)\tis a fit and proper person to be granted a towtruck certificate; and\n\t(d)\thas an adequate knowledge of the provisions of this Act relating to driving and operating the equipment of towtrucks; and\n\t(e)\tis proficient in driving and operating the equipment of a towtruck of the kind specified by the Registrar.\n\t(2)\tWhere due application is made for a towtruck certificate under this Part and the applicant is entitled to be granted the certificate, the Registrar must, upon payment of the prescribed fee, grant the certificate.\n98G—Renewal of towtruck certificates\n\t(2)\tA towtruck certificate granted or renewed under this Part will, subject to this Act, remain in force for a period of 12 months from the grant or renewal of the certificate and may from time to time be renewed for successive periods of 12 months.\n\t(3)\tAn application for renewal of a towtruck certificate must be made to the Registrar in such manner and form as may be required by the Registrar.\n\t(4)\tWhere due application is made for renewal of a towtruck certificate, the Registrar must, upon payment of the prescribed fee, renew the certificate.\n98H—Conditions of towtruck certificates\n\t(1)\tThe Registrar may, upon granting or renewing a towtruck certificate, or at any other time, by notice in writing to the holder of the certificate, impose a condition of the certificate.\n\t(2)\tThe Registrar may, at any time, by notice in writing to the holder of a towtruck certificate, vary or revoke a condition of the certificate.\n\t(3)\tA person who is the holder of a towtruck certificate must not contravene or fail to comply with a condition of the certificate.\n98I—Surrender of towtruck certificate\nA person who is the holder of a towtruck certificate may, at any time, surrender the certificate and the certificate thereupon ceases to have any effect.\n98J—Suspension of towtruck certificate\nA towtruck certificate will be taken to be suspended for any period for which the holder of the certificate is not the holder of a driver's licence that is in force under Part 3.\n98K—Temporary towtruck certificates\n\t(1)\tThe Registrar may, in such circumstances as the Registrar thinks fit, grant a person a temporary towtruck certificate authorising that person to drive and operate the equipment of a towtruck during a period specified in the certificate.\n\t(2)\tThe Registrar may, upon granting a temporary towtruck certificate, or at any other time, by notice in writing to the holder of the certificate, impose a condition of the certificate.\n\t(3)\tThe Registrar may, at any time, by notice in writing to the holder of a temporary towtruck certificate, vary or revoke a condition of the certificate.\n\t(5)\tA person who is the holder of a temporary towtruck certificate must not contravene or fail to comply with a condition of the certificate.\n98L—Form of certificates\n\t(1)\tTowtruck certificates and temporary towtruck certificates will be in a form determined by the Registrar.\n\t(2)\tThe Registrar may, at any time, by notice in writing to the holder of a towtruck certificate or temporary towtruck certificate, require the certificate to be returned to the Registrar at a place and within a period specified in the notice for the purpose of varying the form of the certificate or replacing the certificate with a certificate in a different form.\n\t(3)\tA person given a notice under this section must not fail to comply with the notice.\n98M—Duplicate certificates\n\t(1)\tThe Registrar may, on the application of the holder of a towtruck certificate or temporary towtruck certificate, if satisfied of the loss or destruction of the certificate, or on the surrender of the certificate to the Registrar, and on payment of the prescribed fee, issue to the holder a duplicate certificate.\n\t(2)\tThe Registrar may, for reasonable cause, remit a fee payable under subsection (1).\n\t(3)\tA duplicate issued under this section has effect as if it were the original.\n98MA—Return of certificates when cancelled or suspended\n\t(1)\tWhere a towtruck certificate or temporary towtruck certificate is cancelled or suspended under this Act, the Registrar may, by notice in writing to the former holder of the certificate, require the certificate to be returned to the Registrar at a place and within a period specified in the notice.\n\t(2)\tA person given a notice under this section must not fail to comply with it.\n98MB—Register of certificates\n\t(1)\tThe Registrar must keep a register of all towtruck certificates and temporary towtruck certificates granted under this Part and record in the register all related conditions, suspensions, cancellations and disqualifications.\n\t(2)\tThe register will contain such other information as the Registrar thinks necessary for the administration of this Part and be in a form fixed by the Registrar.\n98MC—Towtruck operators to notify Registrar of towtruck drivers in their employ\n\t(1)\tA towtruck operator must not cause, suffer or permit a person to drive or operate the equipment of a towtruck in the course of the operator's business in circumstances in which that person is required to hold a towtruck certificate or temporary towtruck certificate unless—\n\t(a)\tthat person holds a towtruck certificate or temporary towtruck certificate; and\n\t(b)\tthe towtruck operator has notified the Registrar in writing that that person will be employed in the operator's business as a towtruck driver.\n\t(2)\tWhere notification has been given under subsection (1)(b) of the employment of a person as a towtruck driver and that person dies or ceases to be so employed, the towtruck operator must, within 48 hours, notify the Registrar in writing of that fact.\n98MD—Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair\n\t(1)\tA person must not, for or in expectation of a fee, reward or benefit of any kind, or in the course of a business, proceed to, or be present at, the scene of an accident that occurred within the declared area for any purpose related to the removal, storage, repair or wrecking of a motor vehicle that was damaged in the accident unless the person—\n\t(a)\tis the holder of a towtruck certificate; and\n\t(b)\tis acting pursuant to an accident towing direction given—\n\t(i)\tif the person is a towtruck operator—to the person; or\n\t(ii)\tin any other case—to a towtruck operator by whom the person is employed; and\n\t(c)\tis proceeding or has proceeded to the scene of the accident in a towtruck registered in the name of the towtruck operator to whom the accident towing direction was given.\n\t(2)\tIn any proceedings for an offence against subsection (1), an allegation in the information that the defendant was acting for a purpose related to the removal, storage, repair or wrecking of a motor vehicle damaged in the accident is, in the absence of proof to the contrary, proof of the facts so alleged.\n\t(3)\tA police officer or an authorised officer may, for the purpose of protecting the driver, owner or person in charge of a motor vehicle damaged in an accident (whether occurring within or outside the declared area) from undue soliciting or harassment, require a person to leave the scene of the accident, or give such other direction as the police officer or authorised officer thinks fit to a person present at the scene of the accident.\n\t(4)\tA person must comply with any requirement or direction given under this section.\n98ME—Towing of vehicle at or from scene of accident\n\t(1)\tA person must not, for or in expectation of a fee, reward or benefit of any kind, or in the course of a business, tow or otherwise remove a motor vehicle damaged in an accident that occurred within the declared area at or from the scene of the accident unless the person—\n\t(a)\tis the holder of a towtruck certificate; and\n\t(b)\tis acting pursuant to an accident towing direction given—\n\t(i)\tif the person is a towtruck operator—to the person; or\n\t(ii)\tin any other case—to a towtruck operator by whom the person is employed; and\n\t(c)\ttows the damaged vehicle by means of a towtruck registered in the name of the towtruck operator to whom the accident towing direction was given; and\n\t(d)\thas before removing the damaged vehicle personally obtained from the owner or person in charge of the vehicle or an authorised officer or police officer authorisation to remove the vehicle in the form of a valid authority to tow.\n\t(2)\tAn authority to tow is not valid for the purposes of subsection (1)—\n\t(a)\tif it is given by a towtruck operator, towtruck driver or a person acting on behalf of a towtruck operator, or towtruck driver, unless the towtruck operator or towtruck driver is the owner of the damaged vehicle or was the driver of, or a passenger in, the vehicle immediately before the accident occurred; and\n\t(b)\tif it is given by a person under the age of 16 years; and\n\t(c)\tunless it is contained in a document issued by the Registrar to the towtruck operator to whom the accident towing direction was given for use as an authority to tow; and\n\t(d)\tunless it is signed and completed in triplicate; and\n\t(e)\tunless the towtruck driver before presenting the document to any person for signature fully and accurately enters in the document the particulars required by the document; and\n\t(f)\tunless the document is signed by the person authorising removal of the damaged vehicle; and\n\t(g)\tunless the towtruck driver, forthwith upon obtaining the signature of the person authorising removal of the damaged vehicle, signs the document personally and enters in it the date and time at which each person signed it and then forthwith delivers the original of the authority to that other person.\n\t(3)\tA towtruck driver who has obtained an authority to tow under this section authorising the towtruck driver to remove a vehicle from the scene of an accident must remove the vehicle in accordance with the terms of the authority to the address specified in the authority by the shortest route practicable and leave the vehicle at that address until it is lawfully removed.\n\t(4)\tA person must not prevent by intimidation or force a person duly authorised to remove a damaged motor vehicle from the scene of an accident from doing so, or from delivering the vehicle to and leaving it at the place specified in the authority.\n\t(5)\tWhere a towtruck driver has been given, or expects to be given, a fee, reward or benefit of any kind in anticipation of, or return for, removing a damaged vehicle from the scene of an accident to a particular place (other than the registered premises of the towtruck operator to whom the accident towing direction was given), the towtruck driver must not solicit from the owner or person in charge of the vehicle authorisation to remove the vehicle to that place.\n\t(6)\tWhere, in proceedings for an offence against subsection (5), it is proved that the defendant solicited from the owner or person in charge of a motor vehicle authorisation to remove the vehicle from the scene of an accident to a place other than the registered premises of the towtruck operator to whom the accident towing direction was given, the defendant will be taken, in the absence of proof to the contrary, to have been given, or to have expected to be given, a fee, reward or benefit of any kind in anticipation of, or return for, removing the vehicle to that place.\n\t(7)\tA person must not alter any of the particulars in an authority to tow under this section without the consent of the person who gave the authority indicated by signature of that person in the margin of the authority near to the alteration.\n\t(8)\tWhere an alteration is made to any of the particulars in an authority to tow under this section, the authority is not valid for the purposes of this section unless the signatures of the towtruck driver and the person who gave the authority appear in the margin of the authority near to the alteration.\n\t(9)\tA person must not solicit a person who has signed an authority to tow a motor vehicle from the scene of an accident for a revocation or variation of that authority or for any further or other authorisation superseding that authority.\n\t(10)\tAn authorised officer or a police officer present at the scene of an accident may, by oral or written direction, revoke an authority to tow if the authorised officer or police officer considers that—\n\t(a)\tthe particulars required to be entered in the authority have not been fully or correctly entered; or\n\t(b)\tthe authority or an alteration of the authority has been obtained or made in contravention of a provision of this Act; or\n\t(c)\tthe removal or repair of the vehicle should be delayed in order to preserve evidence for the purpose of future court proceedings.\n\t(11)\tAn authorised officer or a police officer may give such directions as are reasonable in the circumstances to a towtruck operator or towtruck driver requiring that person to tow or remove a motor vehicle at or from the scene of an accident (whether or not an authority to tow has been obtained in respect of that vehicle and whether the accident occurred within or outside the declared area) for the purpose of removing or preventing an obstruction or danger arising or likely to arise from the accident.\n\t(12)\tA towtruck operator or towtruck driver must not, without reasonable excuse, fail to comply with a direction given under subsection (11).\n\t(13)\tA towtruck driver who has obtained an authority to tow under this section in relation to a motor vehicle—\n\t(a)\tmust within the period of ten hours after obtaining the authority, deliver the duplicate and triplicate copies of the authority to the registered premises of the towtruck operator to whom the accident towing direction in relation to that motor vehicle was given; and\n\t(b)\tmust, until those copies of the authority have been delivered, carry them with the towtruck driver and, on demand, produce them for inspection to an authorised officer or police officer.\n\t(14)\tA towtruck operator (being a towtruck driver or the employer of a towtruck driver who has obtained an authority to tow)—\n\t(a)\tmust ensure—\n\t(i)\tthat the duplicate and triplicate copies of the authority to tow are completed in the prescribed manner with the prescribed additional information;\n\t(ii)\tthat the duplicate copy so completed is forwarded to the Registrar in such manner and within such time as may be prescribed; and\n\t(b)\tmust retain the triplicate copy at the towtruck operator's registered premises for a period of not less than three years after receipt of the authority.\n\t(15)\tWhere a towtruck operator removes a motor vehicle from the scene of an accident in accordance with an authority to tow to the place specified in the authority and leaves the vehicle at that place, the towtruck operator is entitled to recover from the owner of the vehicle, by action in a court of competent jurisdiction, as a debt, a fee for so removing the vehicle determined according to the prescribed scale of fees.\n98MF—Storage of vehicles by towtruck operators\n\t(1)\tWhere a motor vehicle damaged in an accident is stored by or on behalf of a towtruck operator (being a towtruck operator who engages in the towing of motor vehicles damaged in accidents occurring within the declared area) otherwise than at the towtruck operator's registered premises, the towtruck operator is guilty of an offence.\n\t(2)\tWhere a motor vehicle has been removed by a towtruck operator in accordance with an authority to tow from the scene of an accident that occurred within the declared area to the registered premises of the towtruck operator for storage of the vehicle at those premises, the towtruck operator must—\n\t(a)\tstore the vehicle at those premises in accordance with the regulations until it is lawfully removed from the premises; and\n\t(b)\tbe entitled to recover from the owner of the vehicle, by action in a court of competent jurisdiction, as a debt, a fee for so storing the vehicle determined according to the prescribed scale of fees.\n98MG—Removal of vehicle from place to which it was removed from the scene of an accident\n\t(1)\tWhere a motor vehicle has been removed from the scene of an accident to the place specified in an authority to tow given in relation to that vehicle, a person must not, for or in expectation of a fee, reward or benefit of any kind, or in the course of a business, remove the vehicle from that place except—\n\t(a)\tpursuant to a written direction, in the form determined by the Registrar, of the owner of the vehicle or a person duly authorised to act on the owner's behalf to a place specified in the direction, being a direction given after the removal of the vehicle to the place specified in the authority to tow; or\n\t(b)\twith the approval of the Registrar to a place and in accordance with the conditions specified in the approval.\n\t(2)\tThe Registrar may, upon application made in writing by a person into whose possession a motor vehicle has come as a result of its removal from the scene of an accident in accordance with the terms of an authority to tow, give approval by notice in writing, upon such conditions as the Registrar thinks fit and specifies in the approval, for the vehicle to be removed to a place specified in the approval, if the Registrar is satisfied that the person has made reasonable attempts to obtain the permission of the owner of the vehicle or a person duly authorised to act on the owner's behalf to remove the vehicle to another place and that it is reasonable in the circumstances that the vehicle be removed to that other place.\n98MH—Contracts relating to the repair of certain motor vehicles\n\t(1)\tA person must not, at the scene of any accident within the declared area involving or affecting a motor vehicle, or, where the vehicle was removed from the scene of the accident by a towtruck, within the period of 12 hours following that accident, solicit the owner, driver or person in charge of the vehicle for a contract, authority, insurance claim or other document for or relating to the storage, wrecking or repair or a quotation for repair of the vehicle or for revocation or variation of any such contract, authority, insurance claim or document.\n\t(2)\tNo contract for a quotation for repair of a motor vehicle or for repair of a motor vehicle, being a motor vehicle that has been damaged in an accident within the declared area, is, if entered into before the prescribed time, enforceable or may be relied upon in any way unless—\n\t(a)\tthe contract is in writing (and, in addition, in the case of a contract for quotation for repair of a motor vehicle, is in the prescribed form) and has been signed by the owner of the vehicle or some person duly authorised to act on the owner's behalf; and\n\t(b)\tthere is printed conspicuously on that contract in capital letters in bold, black type so as to be clearly seen the words \"This contract is unenforceable unless the owner of the motor vehicle or some person duly authorised to act on the owner's behalf confirms the contract not less than six hours nor more than fourteen days after the signing of the contract\"; and\n\t(c)\tthe owner of the vehicle or person duly authorised to act on the owner's behalf is given a duplicate of the contract immediately after signing the contract and the other party to the contract has obtained from that person an acknowledgment in writing of receipt of the duplicate; and\n\t(d)\tthe owner of the vehicle or some person duly authorised to act on the owner's behalf has not less than six hours nor more than fourteen days after the signing of the contract notified the other party to the contract in writing that the owner confirms the contract.\n\t(3)\tNo amount is payable, nor does a lien arise, in respect of the cost of making repairs to, or preparing a quotation for repair of, a motor vehicle referred to in subsection (2) where the repairs are made or the quotation is prepared before the prescribed time, unless the repairs are made or the quotation is prepared pursuant to a contract that has been entered into and confirmed in accordance with subsection (2).\nthe prescribed time means—\n\t(a)\twhere the vehicle was removed from the scene of the accident by a towtruck—the time at which after the vehicle was so removed the owner or some person duly authorised to act on the owner's behalf recovers actual physical possession of the vehicle; or\n\t(b)\tthe expiration of 24 hours after the removal of the vehicle from the scene of the accident,\nwhichever last occurs.\n\t(5)\tAn agreement or arrangement that purports to exclude, modify or restrict the operation of this section is to that extent void and of no effect.\n\t(6)\tA purported waiver of a right conferred by this section is void and of no effect.\n\t(7)\tThe provisions of this section, other than subsection (1), do not apply to a contract to which Part 3 of the Fair Trading Act 1987 applies.\n98MI—Duty to surrender vehicle\n\t(1)\tA person who has in the person's possession or control a motor vehicle that has been damaged in an accident and removed from the scene of the accident by a towtruck or that has broken down and been removed by a towtruck, must, at the request of the owner of the vehicle or a person acting on the owner's behalf, and upon payment or tender of payment of all amounts lawfully claimed from the owner in relation to—\n\t(a)\tremoval of the vehicle from the scene of the accident or the place at which it broke down;\n\t(b)\tstorage of the vehicle;\n\t(c)\tquotation for repair of the vehicle;\n\t(d)\trepair of the vehicle,\nforthwith deliver up the vehicle to the owner or person acting on the owner's behalf.\n\t(2)\tNotwithstanding the provisions of section 98MF(2), no amount is payable for storage of a motor vehicle referred to in subsection (1) for a period exceeding 14 days unless notices in the prescribed form and containing the prescribed information have been given in the prescribed manner before the vehicle has been stored for that period.\n\t(3)\tAn agreement or arrangement that purports to exclude, modify or restrict the operation of subsection (2) is to that extent void and of no effect.\n\t(4)\tSubject to subsection (5), where an authorised officer has reason to believe that a person has failed to deliver up a vehicle in contravention of subsection (1), the authorised officer may seize and remove the vehicle and deliver it to the owner or person acting on the owner's behalf and for that purpose may exercise the powers conferred on authorised officers for the purpose of an investigation under section 98P.\n\t(5)\tAn authorised officer must not exercise the powers conferred by subsection (4) except upon the authority of a warrant issued by a justice.\n98MJ—Accident spotting\n\t(1)\tA person must not enter into an agreement or arrangement under which information relating to the occurrence of an accident involving or affecting a motor vehicle or to the location of a motor vehicle damaged in an accident is, for a fee, reward or benefit of any kind, furnished to or by that person for any purpose relating to the towing, storage, repair or wrecking of the vehicle.\n\t(2)\tWhere in any proceedings for an offence against subsection (1) it is proved that information of the kind referred to in that subsection was furnished to or by the defendant, the defendant will be taken, in the absence of proof to the contrary, to have entered into an agreement or arrangement under which such information is, for a fee, reward or benefit, furnished to or by the defendant, for a purpose relating to the towing, storage, repair or wrecking of the vehicle.\n98MK—Off the hook transactions\n\t(1)\tA person must not directly or indirectly give or agree or offer to give, or receive, agree to receive, or solicit, a fee, reward or benefit of any kind for or in expectation of obtaining for the person or another person—\n\t(a)\tthe work of repairing or wrecking a damaged motor vehicle; or\n\t(b)\tpermission to prepare or give a quotation for repair of a damaged motor vehicle; or\n\t(c)\tpermission to place a damaged motor vehicle in storage; or\n\t(d)\tpossession or control of a damaged motor vehicle for any purpose related to the storage, repair or wrecking of the vehicle.\n\t(2)\tWhere in any proceedings for an offence against subsection (1) circumstances are proved from which it is reasonable to infer that the defendant was a party to a transaction to which that subsection applies, it will be presumed, in the absence of proof to the contrary, that the defendant was a party to such a transaction.\n98ML—Towtruck driver to carry and produce certificate\nThe holder of a towtruck certificate or temporary towtruck certificate must—\n\t(a)\tcarry the certificate in accordance with the regulations at all times while—\n\t(i)\tdriving a towtruck; or\n\t(ii)\triding in or on a towtruck; or\n\t(iii)\toperating the equipment of a towtruck; or\n\t(iv)\tbeing in attendance at the scene of an accident; and\n\t(b)\tproduce the certificate for inspection immediately if requested to do so by—\n\t(i)\ta police officer; or\n\t(ii)\tan authorised officer; or\n\t(iii)\ta person present at the scene of an accident at which the holder is in attendance.\n98N—Trade plates not to be used for the purpose of a towtruck in certain circumstances\nA person must not drive a towtruck bearing trade plates within the declared area for the purpose of proceeding to, returning from, or towing, a motor vehicle that has become unable to proceed under its own motive power.\n98O—Persons who may ride in towtruck\n\t(1)\tNo person other than—\n\t(a)\tthe driver of the towtruck; and\n\t(b)\tthe owner, driver or person in charge of a vehicle that is being, or is to be, towed,\nmay ride in or upon a towtruck while it is being driven within the declared area to the scene of an accident.\n\t(2)\tA person other than—\n\t(a)\tthe driver of the towtruck; and\n\t(b)\tthe owner, driver or person in charge of a damaged vehicle that is being towed; and\n\t(c)\tany person who was a passenger in that damaged vehicle,\nmust not ride in or upon a towtruck while it is towing a damaged vehicle within the declared area from the scene of an accident.\n\t(3)\tWhere a person rides in or upon a towtruck in contravention of subsection (1) or (2), the driver of the towtruck is also guilty of an offence.\n\t(4)\tAn allegation in any information for an offence against this section that a towtruck was being driven, or was towing a vehicle, within the declared area to or from the scene of an accident is, in the absence of proof to the contrary, proof of the facts so stated.\n\t(5)\tNotwithstanding any other provision of this section, one other person who is the holder of a towtruck certificate or temporary towtruck certificate may accompany the driver (in addition to any other persons referred to in subsection (1) or (2)) on any towtruck with a mass of more than five tonnes.\n98P—Investigation powers\n\t(2)\tAn authorised officer must make such investigations and reports, relevant to the administration of this Part, as the Registrar may direct.\n\t(3)\tSubject to subsection (3a), for the purposes of an investigation under this section, an authorised officer may, on any day and at any hour, with such assistants (if any) as the authorised officer thinks reasonably necessary—\n\t(a)\tupon the authority of a warrant issued by a justice—\n\t(i)\tbreak into any premises; and\n\t(ii)\tbreak into any part of the premises or any vehicle or thing contained in the premises; and\n\t(b)\twithout a warrant—\n\t(i)\tenter upon and search any premises or any vehicle or thing contained in those premises; and\n\t(ii)\trequire the driver of a towtruck to stop the vehicle; and\n\t(iii)\trequire any person to produce any documents or books that may be relevant to the investigation, and to take copies of those documents or books, or any part of them; and\n\t(iv)\tseize any documents, books or other objects that may furnish evidence of an offence against this Act; and\n\t(v)\trequire any person to answer any question that may be relevant to the investigation.\n\t(3a)\tAn authorised officer may not exercise the power conferred under subsection (3)(b)(i), in relation to any premises, at any time when those premises are not open for business.\n\t(4)\tA person must not—\n\t(a)\tassault or hinder an authorised officer, or a person assisting an authorised officer, while the authorised officer is acting in the exercise of powers conferred by this section; or\n\t(b)\trefuse or fail to answer truthfully and forthwith any question put to the person in the course of an investigation under this Part by an authorised officer.\nMaximum penalty: $20 000.\n\t(4a)\tA person must not use abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, while the authorised officer is acting in the exercise of powers conferred under this Part.\n\t(5)\tAny statement of fact made in a report made by an authorised officer at the direction of the Registrar under this section will, in any legal proceedings under this Act, be accepted, in the absence of proof to the contrary, as proof of the fact so stated.\n\t(6)\tAn apparently genuine document purporting to be a report made by an authorised officer at the direction of the Registrar under this section will be accepted, in any legal proceedings, in the absence of proof to the contrary, to be such a report.\n98PA—Power to require production or attendance for investigations\n\t(1)\tAn authorised officer may, for the purposes of an investigation, by notice in writing given to a person require the person—\n\t(a)\twithin the time and in the manner specified to furnish information specified in the notice; or\n\t(b)\twithin or at the time and at the place specified to produce for inspection a vehicle or other object or books, papers, documents or records of any kind specified in the notice; or\n\t(c)\tat a reasonable time and at the place specified in the notice to attend in person in order to enable an authorised officer to put questions to that person.\n\t(2)\tA person must not, without reasonable excuse, fail to comply with a requirement of an authorised officer made under subsection (1).\n98PC—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a person who holds or has held a towtruck certificate or a temporary towtruck certificate if—\n\t(a)\tthe certificate of the person was improperly obtained; or\n\t(b)\tthe person has contravened or failed to comply with a provision of this Act; or\n\t(c)\tthe person has contravened or failed to comply with a condition of the certificate; or\n\t(d)\tthe person has contravened, or failed to comply with, a provision of the Radiocommunications Act 1992 of the Commonwealth, as amended from time to time, or an Act of the Commonwealth enacted in substitution for that Act; or\n\t(e)\tthe person has been convicted, or found guilty, of an offence involving dishonest, threatening or violent behaviour or involving the use of a motor vehicle; or\n\t(f)\tthe person has been guilty of any other act or default of such a nature that, in the opinion of the Tribunal, disciplinary action should be taken against the person.\n\t(2)\tIf a person has expiated an offence that attracts demerit points under this Act, the person will be taken, for the purposes of subsection (1), to have been convicted of the offence.\n\t(3)\tThis section applies in relation to conduct occurring before or after the commencement of this section.\n98PD—Complaints\nAn authorised officer or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part.\n98PE—Hearing by Tribunal\n\t(1)\tOn the lodging of a complaint, the Tribunal may conduct a hearing to determine whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part.\n\t(2)\tWithout limiting the usual powers of the Tribunal, the Tribunal may during the hearing—\n\t(a)\tallow an adjournment to enable an authorised officer to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.\n98PF—Appointment, selection etc of assessors\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—\n\t(a)\tpersons representative of the motor trade industry; and\n\t(b)\tpersons representative of the towtruck industry.\n\t(2)\tIn any proceedings under this Part, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (1).\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n98PG—Disciplinary action\n\t(1)\tOn the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $1 250;\n\t(c)\tin the case of a person who holds a towtruck certificate or temporary towtruck certificate—suspend or cancel the certificate;\n\t(d)\tdisqualify the person from holding a towtruck certificate or temporary towtruck certificate under this Act.\n\t(2)\tThe Tribunal may—\n\t(a)\tstipulate that a disqualification is to apply permanently;\n\t(b)\tstipulate that a suspension or disqualification is to apply—\n\t(i)\tfor a specified period; or\n\t(ii)\tuntil the fulfilment of stipulated conditions; or\n\t(iii)\tuntil further order;\n\t(c)\tstipulate that an order relating to a person is to have effect at a specified future time.\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n","sortOrder":19},{"sectionNumber":"Part 3D","sectionType":"part","heading":"Disability parking permits","content":"Part 3D—Disability parking permits\n98R—Application for permit\n\t(1)\tThe following persons may apply to the Registrar for a disability parking permit:\n\t(a)\ta person with a disability; and\n\t(b)\tan organisation that provides to at least 4 people with a disability services that include transportation services.\n\t(2)\tAn application under this section must be made in a manner and form determined by the Minister, and must be accompanied by the prescribed fee.\n\t(2a)\tThe Registrar may require an applicant to furnish the Registrar with specified evidence as to the applicant's eligibility for a permit under this section.\n\t(3)\tThe Registrar may require an applicant who is a person with a disability to be examined by a medical practitioner nominated by the Registrar, at a place accessible and convenient to the applicant.\n\t(4)\tIf the Registrar is satisfied that an applicant is eligible for a permit under this section, the Registrar must grant a disability parking permit to the applicant.\n98S—Duration and renewal of permits\n\t(1)\tA disability parking permit will be granted or renewed—\n\t(a)\tin the case of a permit issued to a person with a disability with a temporary impairment—for such period, not exceeding 12 months, as the Registrar thinks appropriate in view of the likely duration of the impairment;\n\t(b)\tin any other case—for a number of years, not exceeding 5, determined by the Registrar.\n\t(2)\tA permit may be renewed on application made in a manner and form determined by the Minister and accompanied by the prescribed fee.\ntemporary impairment means an impairment that, in the opinion of the Registrar, is likely to endure for more than 6 months but is not likely to be permanent.\n98T—Permit contents, conditions and entitlements\n\t(1)\tA disability parking permit may be used for the purposes of obtaining the benefit of parking exemptions or concessions conferred by the Australian Road Rules under the Road Traffic Act 1961 or by any other Act.\n\t(1a)\tA disability parking permit must include a people with disabilities symbol as defined in the Australian Road Rules.\n\t(1b)\tIt is a condition of use of a disability parking permit in relation to a vehicle that—\n\t(a)\tthe vehicle must be being used—\n\t(i)\tin the case of a permit issued to a person with a disability—for the transportation of the person with a disability; or\n\t(ii)\tin the case of a permit issued to an organisation—for the transportation of a person with a disability to whom the organisation provides services; and\n\t(b)\tthe permit must be displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle.\n\t(1c)\tA disability parking permit is not to be taken to be lawfully displayed in a vehicle for the purposes of any other Act unless it is displayed in the vehicle in accordance with the condition referred to in subsection (1b)(b).\n\t(2)\tA person with a disability—\n\t(a)\twho is the holder of a disability parking permit; and\n\t(b)\twho drives a motor vehicle to and from the person's place of employment,\nmay apply in writing to the council of the area in which that place of employment is situated, for permission to park a motor vehicle near to that place of employment.\n\t(3)\tA council to which an application is duly made under subsection (2) may, after consultation with the applicant, make such arrangements for the parking of the applicant's motor vehicle near to the place of employment while the applicant is in attendance at that place as are reasonably practicable, having regard to—\n\t(a)\tthe speed of movement of the applicant and the distance the applicant is able to move without undue difficulty; and\n\t(b)\tthe particular needs, requirements and disabilities of the applicant; and\n\t(c)\tthe range of other parking facilities that may be available, accessible and convenient to the applicant.\n\t(4)\tA council must, for the purposes of giving effect to an arrangement under subsection (3), grant such an exemption under section 174C of the Road Traffic Act 1961 (whether conditional or unconditional) as may be necessary.\n\t(5)\tA council may, after consultation with the person in relation to whom an arrangement has been made under subsection (3), revoke or vary that arrangement.\n\t(6)\tA person who is aggrieved by a decision of a council to refuse to make an arrangement under subsection (3), or to revoke or vary such an arrangement, may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(7)\tAn application for review must be made to the Tribunal within 28 days of the making of the decision.\n\t(8)\tIf the reasons of the council are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the council's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.\n98U—Misuse of permit\nA person must not display, or permit to be displayed, a disability parking permit on a motor vehicle unless that vehicle is in the course of being used for the transportation of the holder of the permit or, if the permit was issued to an organisation, the transportation of a person with a disability to whom the organisation provides services.\n98V—Cancellation of permit\n\t(1)\tThe Registrar—\n\t(a)\tmust, if satisfied, upon the report of a medical practitioner, that a person with a disability who is the holder of a disability parking permit no longer meets the criteria set out in section 98R(1); or\n\t(ab)\tmust, if satisfied that an organisation that is the holder of a disability parking permit no longer meets the criteria set out in section 98R(1); or\n\t(b)\tmay, if the holder of a disability parking permit is convicted of an offence against section 98U,\ncancel, or refuse to renew, the permit.\n\t(2)\tThe Registrar may, by notice given in a manner and form determined by the Minister to the holder of a disability parking permit, require that person to deliver the permit to the Registrar, at a place and within a reasonable time specified in the notice, for the purpose of cancelling the permit pursuant to this section.\n\t(3)\tA person must comply with a notice given to the person under subsection (2).\n98WA—Interstate permit holders have reciprocal entitlements\n\t(1)\tThe holder of a permit issued in another State or a Territory of the Commonwealth under a corresponding law will, while in this State, be taken to be the holder of a disability parking permit under this Part and the permit will give rise to the same entitlements and obligations (including liability to cancellation) as if it had been issued under the relevant provision of this Part.\n\t(2)\tThe Minister may, by notice in the Gazette, declare that a law of another State or a Territory of the Commonwealth is a corresponding law for the purposes of this section.\n98X—Interpretation\n\t(1)\tA motor vehicle will for all purposes be taken to be in the course of being used for the transportation of a person with a disability despite the fact that the person is accompanied by other persons.\n\t(2)\tIn this Part—\nperson with a disability means a person who meets the eligibility criteria prescribed by the regulations for the purposes of this Part.\n","sortOrder":20},{"sectionNumber":"Part 3E","sectionType":"part","heading":"Rights of review and appeal","content":"Part 3E—Rights of review and appeal\n98Z—Review by Registrar\n\t(1)\tA person who is aggrieved by a decision of the Registrar under Part 2 (other than section 71C), 3, 3A, 3C or 3D may, within 1 month of the making of the decision, apply to the Registrar for a review of the decision.\n\t(2)\tAn application for a review must be made in accordance with the regulations.\n\t(3)\tIf an application is made under subsection (1), the Registrar must review the decision to which the application relates.\n\t(4)\tThe applicant must, if so required by the Registrar—\n\t(a)\tappear personally before the Registrar in support of the application; and\n\t(b)\tprovide any information sought by the Registrar; and\n\t(c)\tverify information provided to the Registrar by statutory declaration.\n\t(5)\tThe applicant may be assisted before the Registrar by an agent or representative (not being a legal practitioner).\n\t(6)\tOn a review under this section, the Registrar may confirm or vary the decision under review or set aside the decision and substitute a new decision.\n98ZA—Review by Tribunal\n\t(1)\tA person who—\n\t(a)\tis aggrieved by a decision of the Registrar under section 71C; or\n\t(b)\tis dissatisfied with a decision as confirmed, varied or substituted by the Registrar on a review under section 98Z,\nmay seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for review must be made to the Tribunal within 28 days of the making of the decision.\n\t(3)\tIf the reasons of the Registrar are not given in writing at the time of making the decision that is to be the subject of a review and the person seeking the review, within 1 month of the making of the decision, requires the Registrar's reasons in writing, the time for applying for a review runs from the time when the person receives the written statement of those reasons.\n","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Third party insurance","content":"Part 4—Third party insurance\n99—Interpretation\n\t(1)\tIn this Part, unless the context otherwise requires—\napproved insurer means a person or body of persons approved by the Minister as an insurer under this Part;\nbodily injury includes mental or nervous shock;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Cwth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services;\ninsured motor vehicle or insured vehicle means a motor vehicle in relation to which a policy of insurance under this Part is in force;\ninsured person means a person insured by a policy of insurance under this Part;\nmobile fork lift means a motor vehicle fitted with an apparatus of the kind commonly known as a fork lift and constructed or adapted solely or mainly for lifting and moving goods by means of the fork lift;\nthe nominal defendant means a person appointed by the Minister to be the nominal defendant, and for the time being holding that appointment;\nowner means an owner or joint owner or part owner of a motor vehicle and a person who has the use of a motor vehicle under a hire-purchase agreement;\nparticipant in a road race includes a driver or navigator of, or passenger in, a motor vehicle that takes part in the road race;\npassenger, in relation to a motor vehicle, includes any person in or on the vehicle whether or not the person is travelling, has travelled or is proposing to travel in or on the vehicle;\npolicy of insurance means a policy of insurance that complies with this Part;\nroad race means any contest—\n\t(a)\tthat tests the speed or reliability of motor vehicles or the skill or endurance of their drivers or navigators; and\n\t(b)\tthat—\n\t(i)\tis declared to be an event to which section 33 of the Road Traffic Act 1961 applies; or\n\t(ii)\ttakes place on a race track established or adapted for the purpose of such contests;\nself-propelled lawn care machine means a motor vehicle constructed and used for rolling, watering or otherwise maintaining lawn or grass, but does not include a self-propelled lawn mower;\nterrorist act has the same meaning as in the Terrorism (Commonwealth Powers) Act 2002.\n\t(1a)\tWhere two corporations are related corporations for the purposes of the Corporations Act 2001 of the Commonwealth, they are related corporations for the purposes of this Part.\n\t(2)\tOther words and expressions used in this Part have the meaning assigned to them in section 5, unless the context otherwise requires.\n\t(3)\tSubject to subsection (3a), for the purposes of this Part, death or bodily injury will be regarded as being caused by or arising out of the use of a motor vehicle only if it is a direct consequence of—\n\t(a)\tthe driving of the vehicle; or\n\t(b)\tthe vehicle running out of control; or\n\t(c)\ta person travelling on a road colliding with the vehicle when the vehicle is stationary, or action taken to avoid such a collision.\n\t(3a)\tFor the purposes of this Part, death or bodily injury will not be regarded as being caused by or arising out of the use of a motor vehicle if the death or bodily injury is caused by a terrorist act.\n\t(4)\tFor the purposes of this Part, death or bodily injury will be regarded as being caused by or arising out of the use of a motor vehicle conditionally registered under section 25 that is a tractor, agricultural machine, mobile fork lift or self-propelled lawn care machine only if it is caused by or arises out of the use of the vehicle (as referred to in subsection (3)) on a road.\n99A—Insurance premium to be paid on applications for registration\n\t(1)\tAn applicant for—\n\t(a)\tthe registration of a motor vehicle; or\n\t(b)\tan exemption from registration in respect of a motor vehicle; or\n\t(c)\ta permit in respect of a motor vehicle,\nmust at the time of application pay to the Registrar the premium upon a policy of insurance in terms determined by the CTP Regulator for the motor vehicle in respect of which the application is made.\n\t(2)\tThe approved insurer for a motor vehicle in respect of which an application for registration is made will be—\n\t(a)\tin the case of an application to register a new motor vehicle—the approved insurer selected by the CTP Regulator in accordance with a scheme determined by the Minister; or\n\t(b)\tin any other case—\n\t(i)\tthe approved insurer selected by the applicant for registration; or\n\t(ii)\tif the applicant for registration fails to select an approved insurer—the approved insurer selected by the CTP Regulator in accordance with a scheme determined by the Minister.\n\t(2a)\tFor the purposes of subsections (1) and (2), if a person is a participant in the periodic payment scheme under section 24A in respect of a particular motor vehicle—\n\t(a)\tthe time of application in relation to a particular renewal will be taken to be the time when an amount for renewal of registration in accordance with the scheme is debited to the nominated account; and\n\t(b)\twithout limiting subsection (3), the approved insurer for the motor vehicle will be taken to be the approved insurer selected, as provided by subsection (2), in the person's most recent application for registration of the vehicle.\n\t(3)\tWhere an applicant purports to select a corporation as the approved insurer in respect of the motor vehicle, and the corporation is not an approved insurer but a related corporation is such an insurer, the CTP Regulator must, subject to any agreement with an approved insurer under this Part, select the related corporation as the approved insurer.\n\t(4)\tWhere the CTP Regulator purports to select an approved insurer pursuant to the provisions of this section, that selection will be conclusively presumed to be valid and effectual for the purposes of this section and no claim or proceedings can lie against the Regulator in respect of any such selection.\n\t(5)\tThe applicant must, in the application, furnish the Registrar with such information as may be necessary in order to determine the appropriate insurance premium.\n\t(6)\tWhere as a result of any transfer in the ownership of a vehicle, any alteration to the nature of a vehicle, or any change in the use of a vehicle, a greater premium becomes payable in respect of the motor vehicle than that paid to the Registrar when the application was made, the insurer may recover the amount of the difference between the respective premiums as a debt in any court of competent jurisdiction.\n\t(7)\tWhere by reason of any fact known to the insured person a greater premium becomes payable to the insurer in respect of the motor vehicle, the insured person must forthwith give the insurer notice in writing of that fact.\n\t(8)\tA policy of insurance in terms determined by the CTP Regulator is in force in respect of the motor vehicle as from the time at which the grant of registration, the exemption from registration, or permit becomes effective and, subject to this Part—\n\t(a)\tremains in force for the whole of the period for which registration is granted and for a further period of grace of 30 days (but falls due for renewal at the expiration of the former period); or\n\t(b)\tremains, subject to express provision in this Act for the policy to be effective for a longer period, in force for the whole of the period for which the exemption from registration, or permit, is granted, but then expires.\n\t(9)\tSubject to subsection (9a), the insurer under the policy of insurance relating to a motor vehicle is—\n\t(a)\tthe approved insurer selected under the provisions of this section in respect of that motor vehicle; or\n\t(b)\tif the insurer referred to in paragraph (a), with the approval of the CTP Regulator and the consent of the registered owner of the motor vehicle, novates or assigns the policy of insurance to another approved insurer—that other approved insurer.\n\t(9a)\tIf—\n\t(a)\ta new motor vehicle is registered for a period of more than 3 months; and\n\t(b)\tthe registered owner of the vehicle, within the first 3 months in the period of registration of the vehicle, nominates an approved insurer other than the approved insurer selected by the CTP Regulator at the time of the application for registration of the vehicle,\nthe policy of insurance relating to the motor vehicle will, on the commencement of the fourth month in the period of the registration of the vehicle, be taken to have been transferred from the approved insurer selected by the CTP Regulator to the approved insurer nominated by the registered owner of the vehicle (and the approved insurer to whom the policy of insurance is transferred then becomes the insurer under the policy of insurance relating to that motor vehicle).\n\t(9b)\tIf a policy of insurance is transferred under subsection (9a) from one approved insurer (the old insurer) to another approved insurer (the new insurer), the old insurer must pay to the new insurer the same proportion of the insurance premium received by the old insurer for the policy of insurance as the unexpired portion of the period for which the policy remains in force bears to the whole of the period for which the policy of insurance is effective under this Part (and the amount payable under this subsection may be recovered by the new insurer from the old insurer as a debt in any court of competent jurisdiction).\n\t(9c)\tA nomination under subsection (9a) must be made in a manner and form determined by the CTP Regulator.\n\t(10)\tWhere a policy of insurance comes into force in relation to a motor vehicle during the period of grace referred to in subsection (8), the period of grace thereupon terminates.\n\t(11)\tWhere the registration of a motor vehicle is transferred, the policy of insurance continues in operation in relation to the person to whom the registration is transferred.\n\t(12)\tA policy of insurance cannot be cancelled while the registration, exemption from registration, or permit, in respect of the motor vehicle to which the policy relates remains in force but upon any renewal of registration a different approved insurer may be selected and that insurer thereupon becomes the insurer of the motor vehicle from the day and time at which the renewal becomes effective.\n\t(13)\tThe Registrar must, subject to subsection (14), pay to an approved insurer the premiums collected by the Registrar in respect of policies of insurance in respect of which that approved insurer was selected as the insurer under this section.\n\t(14)\tThe Registrar must retain out of the amounts collected by the Registrar under this section a sum of money determined by the CTP Regulator as costs associated with compulsory third party insurance.\n\t(15)\tThe costs determined by the CTP Regulator under subsection (14) must include an amount to cover the costs reasonably incurred by the Registrar in connection with the administration of the compulsory third party insurance scheme.\n\t(17)\tA policy of insurance under this section is not invalidated by any error or omission on the part of the Registrar or any officer acting at the direction or under the control of the Registrar.\n\t(18)\tAn entry in the register of motor vehicles kept under this Act to the effect that a specified insurer is, or was for a period to which the entry relates, the insurer under a policy of insurance relating to a specified motor vehicle is conclusive evidence that the insurer is, or was for that period, the insurer under such a policy of insurance relating to that motor vehicle.\n\t(19)\tAn application for the issue of trade plates will, for the purposes of this section, be taken to be an application for registration in respect of a motor vehicle, and the policy of insurance that comes into operation upon the issue of the trade plates is effective (whether or not the trade plates have been transferred) in relation to any motor vehicle driven in pursuance of the trade plates.\n\t(20)\tFor the purposes of this section, a motor vehicle is a new motor vehicle if—\n\t(a)\tthe vehicle has not previously been registered under this Act or the law of any other State or Territory of the Commonwealth; and\n\t(b)\tless than 2 years have elapsed since the year and month in which the vehicle was manufactured.\n101—Approved insurers\n\t(1)\tSubject to this section, any person or body (whether incorporated or unincorporated) that carries on, or intends to carry on, the business of insurance in this State, may apply to the Minister for approval as an insurer under this Part.\n\t(2b)\tAn application for approval as an insurer under this Part must—\n\t(a)\tbe made in a manner and form approved by the CTP Regulator; and\n\t(b)\tbe lodged with the Regulator; and\n\t(c)\tbe referred by the Regulator to the Minister, together with any recommendations of the Regulator to the Minister in relation to the application.\n\t(2c)\tThe Minister may, after considering any recommendations made by the CTP Regulator in relation to an application for approval, grant or refuse the application.\n\t(3)\tIf an application for approval under this section is made—\n\t(a)\tan approval cannot be granted within 3 months of the date of the application; and\n\t(b)\tif the applicant is approved, the approval takes effect on 1 July next following the date of the approval.\n\t(4)\tBefore approving of an insurer the Minister may require the insurer to enter into an undertaking and an agreement by which the insurer accepts duties and obligations relating to insurance under this Part and matters incidental to those duties and obligations.\n\t(5)\tAn approved insurer may, on or before 1 April in any year, apply to the Minister for the withdrawal of approval under this Part.\n\t(5a)\tAn application for the withdrawal of approval under this Part must—\n\t(a)\tbe made in a manner and form approved by the CTP Regulator; and\n\t(b)\tbe lodged with the Regulator; and\n\t(c)\tbe referred by the Regulator to the Minister, together with any recommendations of the Regulator to the Minister in relation to the application.\n\t(5b)\tThe Minister may, after considering any recommendations made by the CTP Regulator in relation to an application for the withdrawal of approval under this Part, grant the application with effect from 1 July following the making of the application.\n\t(6)\tIf—\n\t(a)\tan application for approval or withdrawal of approval under this Part is made other than in conformity with the limitations of time stipulated in this section; and\n\t(b)\tthe Minister, after considering any recommendations made by the CTP Regulator in relation to the application, is satisfied that there are special circumstances justified in doing so,\nthe Minister may grant the application with effect as from a date determined by the Minister.\n\t(7)\tThe Minister may, by notice in writing served personally or by post upon an approved insurer, require the insurer to furnish the Minister, within such time as may be stipulated in the notice, with such evidence of the insurer's financial position and capacity to meet existing and future liabilities under policies of insurance under this Part as may be required in the notice.\n\t(8)\tIf—\n\t(a)\tan approved insurer commits a breach of a term or condition of a provision of this Part, or a term or condition on an undertaking or agreement entered into pursuant to this section; or\n\t(b)\tan approved insurer fails to comply with a requirement under subsection (7); or\n\t(c)\tthe Minister, after considering—\n\t(i)\tevidence furnished by an approved insurer in compliance with a requirement under subsection (7); and\n\t(ii)\tany recommendations made by the CTP Regulator in relation to the matter,\nis not satisfied that the approved insurer has sufficient financial resources to continue properly to carry on business as an approved insurer,\nthe Minister may—\n\t(d)\twithdraw the approval of the insurer; or\n\t(e)\tsuspend the approval of the insurer for such period as the Minister thinks fit.\n\t(9)\tThe withdrawal, suspension or non-renewal of the approval of an insurer does not affect the validity of any policy of insurance.\n102—Duty to insure against third party risks\n\t(1)\tA person must not drive an uninsured motor vehicle, or cause an uninsured motor vehicle to stand, on a road.\n\t(1a)\tHowever, subsection (1) does not apply to a person who drives a motor vehicle, or causes a motor vehicle to stand, if the person proves that the person—\n\t(a)\tdrove the motor vehicle, or caused the motor vehicle to stand, in prescribed circumstances; and\n\t(b)\tdid not know that the motor vehicle was uninsured.\n\t(1b)\tFor the purposes of subsection (1a), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations.\n\t(1c)\tIt is a defence to a charge of an offence against subsection (1) if the defendant was not a registered owner or the registered operator of the vehicle and the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the vehicle was uninsured.\n\t(2)\tIf an uninsured motor vehicle is driven or found standing on a road, the owner of the vehicle is guilty of an offence.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) or (2) to prove that the motor vehicle was driven or left standing on a road in circumstances in which this Act permits an uninsured motor vehicle to be driven on a road.\n\t(3aa)\tIt is a defence to a charge of an offence against subsection (2) to prove that—\n\t(a)\tthe vehicle was not driven or left standing on the road by the defendant; and\n\t(b)\tthe defendant had taken reasonable steps to ensure that any person lawfully entitled to use the motor vehicle would have been aware that the vehicle was uninsured.\n\t(3a)\tIt is a defence to a charge of an offence against subsection (2) to prove that, in consequence of some unlawful act, the vehicle was not in the possession or control of the defendant at the time it was driven or left standing on the road.\n\t(3b)\tIt is a defence to a charge of an offence against subsection (2) where the defendant is the last registered owner or last registered operator to prove that the defendant was not the owner or the operator of the motor vehicle, as the case may be, at the time of the alleged offence.\n\t(3c)\tThe provisions of Schedule 1 apply to an offence against this section if evidence relating to the offence was obtained through the operation of a photographic detection device.\n\t(3d)\tA motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (1a) if—\n\t(a)\tthe person is not an owner or the registered operator of the vehicle and the person is required by the person's employer to drive the vehicle, or to cause the vehicle to stand, in the course of the person's employment; or\n\t(b)\tthe motor vehicle is driven or caused to stand in circumstances declared by the regulations.\n\t(4)\tThis section does not apply to a person who, on any road, drives a motor vehicle, if—\n\t(a)\tthe motor vehicle is registered in a proclaimed State or Territory of the Commonwealth or is otherwise permitted by the law of a proclaimed State or Territory of the Commonwealth to be driven on public roads within that proclaimed State or Territory; and\n\t(b)\tthere is in force in that State or Territory in respect of the motor vehicle a policy of insurance—\n\t(i)\tthat complies with the law of the State or Territory; and\n\t(ii)\tunder which the owner and the driver of the motor vehicle are insured against liability which might be incurred by the owner or driver in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the motor vehicle in this State.\n\t(5)\tFor the purposes of subsection (4), the Governor may by proclamation declare any State or Territory, the law of which in the Governor's opinion substantially meets the requirements of this Part, to be a proclaimed State or Territory.\n\t(6)\tA proclamation under subsection (5) may be revoked or varied by a subsequent proclamation.\nowner, in relation to a vehicle, includes the last registered owner and the last registered operator of the vehicle, but does not include a person who takes the vehicle on hire.\n104—Requirements if policy is to comply with this Part\n\t(1)\tIn order to comply with this Part, a policy of insurance must—\n\t(a)\tinsure the owner of the motor vehicle to which the policy relates, and any other person who at any time drives or is a passenger in or on the vehicle, whether with or without the consent of the owner, in respect of all liability that may be incurred by the owner or other person in respect of the death of, or bodily injury to, any person caused by, or arising out of the use of, the vehicle in any part of the Commonwealth; and\n\t(b)\tbe in the terms, and contain the conditions and warranties, determined by the CTP Regulator from time to time.\n\t(2)\tHowever, a policy of insurance complies with this Part even though it does not extend to liability arising from the death of, or bodily injury to, a participant in a road race caused by the act or omission of another participant in the road race.\n105—Policies to conform to amending Acts\nWhen an Act comes into operation altering the insurance required to be given by a policy under this Part or the rights or liabilities of the insurer under any such policy, every policy of insurance providing insurance required by this Part and in force when that Act comes into operation, or at any time thereafter, will be taken to provide the insurance required by this Part, as altered by that Act.\n107—Rights of persons named in policies\nNotwithstanding any enactment, an insurer under a policy of insurance (whether under this Part or otherwise) in relation to a motor vehicle is, as from the date of the policy, liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover.\n109—Liability of insurers where premium not paid\nThe fact that the correct premium has not been paid in respect of a policy of insurance under this Part does not affect the validity or operation of the policy.\n110—Liability of insurer to pay for emergency treatment\n\t(a)\t—\n\t(i)\ta legally qualified medical practitioner or registered nurse renders emergency treatment in respect of bodily injury (including fatal injury) to a person caused by or arising out of the use of an insured motor vehicle; or\n\t(ii)\tthe person so injured is immediately after the injury conveyed in any vehicle; and\n\t(b)\twithin one month after the occurrence out of which the death or bodily injury arose, the medical practitioner, nurse or person who conveyed the injured person gives notice in writing of a claim under this section to the insurer in relation to the motor vehicle,\nthe insurer must make such of the following payments as are applicable to the case:\n\t(c)\tto the medical practitioner—the prescribed fee for each person to whom emergency treatment is rendered together with any travelling expenses reasonably and necessarily incurred in respect of that emergency treatment; and\n\t(d)\tto the nurse—the prescribed fee for all emergency treatment rendered by the nurse to the person or persons injured in the accident together with any travelling expenses reasonably and necessarily incurred by the nurse in respect of that emergency treatment (which sum will, if emergency treatment is rendered to two or more persons, be taken to have been paid on behalf of all those persons in equal shares); and\n\t(e)\tto any person who conveyed the injured person as mentioned in paragraph (a)—an amount to be ascertained in accordance with the regulations.\n\t(2)\tWhere bodily injury (including fatal injury) is caused by or arises out of the use of two or more motor vehicles insured by different insurers, each insurer must pay an equal share of the payments required to be made under subsection (1).\n\t(3)\tThe liability (if any)—\n\t(a)\tof the owner or driver of the motor vehicle, or of a passenger in or on the vehicle, in respect of the death or bodily injury; and\n\t(b)\tof the insurer to the owner, driver or passenger in respect of the contract of insurance; and\n\t(c)\tof the injured person or the person's personal representatives to the person to whom a payment is made under this section,\nis reduced by the amount paid by the insurer under this section.\nemergency treatment means such medical or surgical treatment or examination by a legally qualified medical practitioner or a registered nurse as is immediately required as the result of injury referred to in subsection (1).\n\t(6)\tA sum payable under this section is recoverable as if it were a simple contract debt due from the insurer to the person entitled to that sum.\n\t(7)\tThe Commissioner of Police must, if so requested by a person who alleges entitlement to a payment under this section, furnish that person with any information at the Commissioner's disposal as to—\n\t(a)\tthe identification marks of any motor vehicle that the person alleges to be a motor vehicle out of the use of which the death or bodily injury arose; and\n\t(b)\tthe identity and address of the person who was using the vehicle at the time of the event out of which the death or bodily injury arose.\n\t(8)\tA person who was using a motor vehicle at the time when death or bodily injury was caused by or arose from such use must, upon the request of any person who alleges entitlement to payment under this section, furnish the person with the name and address of the insurer in relation to that vehicle at the time of the death or injury.\n111—Liability of insurer to pay for hospital treatment\nWhen a payment is made (whether or not with an admission of liability) by an insurer under or in consequence of a policy of insurance under this Part in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle, the insurer must, in addition to making any other payments provided for by this Part, make such payments with respect to hospital treatment as are payable pursuant to any Act.\n111A—Liability of insurer in respect of burial at public expense\n\t(a)\tthe death of a person has been caused by, or has arisen out of the use of, an insured motor vehicle; and\n\t(b)\tthe deceased person has been buried at public expense,\nthe Treasurer may, in any court of competent jurisdiction, recover from the insurer the cost of the burial.\n112—Liability of insurer when judgment obtained against insured\n\t(a)\ta person has obtained judgment in an action against an insured person for death or bodily injury caused by, or arising out of the use of, an insured motor vehicle; and\n\t(b)\tbefore the action came on for hearing the insurer knew that the action had been commenced,\nthe judgment creditor may recover by action from the insurer such amount of the money (including costs or a proportionate part of those costs) payable pursuant to the judgment as relates to death or bodily injury and has not been paid.\n113—Liability of insurer where the insured is dead or cannot be found\n\t(a)\tdeath or bodily injury has been caused by, or has arisen out of the use of, an insured motor vehicle, but any person insured under a policy of insurance in respect of the vehicle who is wholly or partly liable for the death or bodily injury is dead or cannot be served with process; and\n\t(b)\ta person who could have obtained a judgment in respect of that death or bodily injury against the insured person if the person were living or had been served with process, has given notice of a claim under this section and a short statement of the grounds of the claim as soon as possible after ascertaining that the insured person was dead or could not be found, or within such time as would prevent the possibility of the insurer being prejudiced by want of such notice,\nthe person who could have so recovered judgment against the insured person may recover the amount of that judgment by action against the insurer.\n\t(2)\tWithout limiting the scope of subsection (1), it is declared that a right of action against the insurer under that subsection in a case where the insured person is dead exists and has existed since the enactment of that subsection notwithstanding that the claimant has or had a right of action against the estate of the deceased person under the Survival of Causes of Action Act 1940 or any other law.\n113A—Insurer not liable for aggravated damages or exemplary or punitive damages\nAn insurer is not liable to pay any aggravated damages or exemplary or punitive damages awarded in an action against the insured person in respect of death or bodily injury caused by or arising out of the use of a motor vehicle insured under this Part and the insured person is not entitled to be indemnified by the insurer in respect of such an award.\n114—Certain defences ineffective in actions against insurers\nIt is not a defence to an action under section 112 or 113 that the insurer is not liable under a policy of insurance by reason of the fact that—\n\t(a)\tthe policy was obtained by mis-statement or non-disclosure; or\n\t(b)\tthe insured person has committed a breach of or failed to comply with a term, condition or warranty of the policy or a provision of this Part.\n115—Claims against nominal defendant where vehicle not identified\n\t(a)\tdeath, or bodily injury, has been caused by, or has arisen out of the use of, a motor vehicle; and\n\t(b)\tthe identity of the vehicle has not after due inquiry and search been ascertained,\na person who could have obtained a judgment in respect of that death or bodily injury against a person insured under a policy of insurance in respect of the vehicle (assuming that the vehicle had been an insured vehicle at the relevant time) may recover by action against the nominal defendant the amount of the judgment that could have been so recovered.\n\t(2)\tThe nominal defendant is not liable to satisfy a judgment obtained against the nominal defendant, but the judgment and the nominal defendant's costs must be paid—\n\t(a)\tout of money contributed by approved insurers pursuant to a scheme under section 119; or\n\t(b)\tif no such scheme is in operation, by the Minister and approved insurers in accordance with section 120.\n\t(3)\tA person who proposes to proceed against the nominal defendant in pursuance of this section must, as soon as reasonably practicable after it becomes apparent that the identity of the vehicle is not readily ascertainable, give to the nominal defendant notice in writing of the person's claim and a short statement of the grounds on which it is made.\n\t(4)\tWhere a claimant fails to give notice of a claim in accordance with the requirements of subsection (3), and the court before which the action is brought is satisfied on the balance of probabilities that the defendant has been prejudiced in the conduct of the defendant's defence by that failure, it may, if the justice of the case so requires, dismiss the action.\n116—Claim against nominal defendant where vehicle uninsured\nuninsured motor vehicle means a motor vehicle in relation to which no policy of insurance as required by this Part is in force, but does not include—\n\t(a)\ta prescribed agricultural machine (within the meaning of section 12) in relation to which there is in force a policy of public liability insurance referred to in section 12(2b); or\n\t(b)\ta motor vehicle in relation to which there is in force a policy of public liability insurance referred to in section 12B(2); or\n\t(c)\ta motor vehicle of a kind exempted by the regulations from insurance under this Part in relation to which there is in force a policy of insurance as required by the regulations; or\n\t(d)\ta motor vehicle in relation to which there is in force a policy of public liability insurance referred to in section 134H(a); or\n\t(e)\ta motor vehicle in relation to which there is in force a policy of insurance—\n\t(i)\tthat complies with the law of some other State or Territory of the Commonwealth; and\n\t(ii)\tunder which the owner and driver of the motor vehicle are insured against liability that might be incurred by either or both of them in respect of the death of, or bodily injury to, any person caused by, or arising out of the use of, the motor vehicle in this State; or\n\t(f)\ta motor vehicle of a class prescribed by the regulations for the purposes of this paragraph.\n\t(2)\tA person claiming damages in respect of death or bodily injury caused by or arising out of the use of an uninsured motor vehicle on a road may bring an action for the recovery of those damages against the nominal defendant.\n\t(3)\tWhere an action may be brought against the nominal defendant under subsection (2)—\n\t(a)\tthe amount recoverable is the amount of the judgement that in the circumstances could have been recovered in respect of the death or bodily injury against a person who would have been an insured person if the vehicle had been an insured vehicle at the relevant time; and\n\t(b)\tno action for damages in respect of the death or bodily injury may be commenced or proceeded with against such a person or a person liable in respect of the acts or omissions of such a person.\n\t(4)\tA person who proposes to proceed against the nominal defendant in pursuance of this section must, as soon as reasonably practicable after it becomes apparent that the motor vehicle in respect of which the claim arises was uninsured, give to the nominal defendant notice in writing of the claim and a short statement of the grounds on which it is made.\n\t(5)\tWhere a claimant fails to give notice of a claim in accordance with the requirements of subsection (4) and the court before which the action is brought is satisfied on the balance of probabilities that the defendant has been prejudiced in the conduct of the defendant's defence by that failure, it may, if the justice of the case so requires, dismiss the action.\n\t(6)\tThe nominal defendant is not liable to satisfy a claim or judgment obtained against the nominal defendant under this section but the claim or judgment and the nominal defendant's costs must be paid out of money contributed by approved insurers pursuant to a scheme under section 119.\n\t(7)\tWhere—\n\t(a)\ta sum is properly paid by the nominal defendant to satisfy a claim made or judgment obtained in respect of death or bodily injury caused by or arising out of the use of an uninsured motor vehicle; and\n\t(b)\tthe driver of the uninsured vehicle was wholly or partly liable for the death or bodily injury; and\n\t(c)\tthe driver of the uninsured vehicle—\n\t(i)\tdrove the vehicle, or did or omitted to do anything in relation to the vehicle, with the intention of causing the death of, or bodily injury to, a person or damage to another's property, or with reckless indifference as to whether such death, bodily injury or damage results; or\n\t(ii)\tdrove the vehicle while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle; or\n\t(iii)\tdrove the vehicle while there was present in the driver's blood a concentration of .1 grams or more of alcohol in 100 millilitres of blood,\nthe nominal defendant may, by action in a court of competent jurisdiction, recover that sum together with costs from the driver or a person liable in respect of the acts or omissions of the driver.\n\t(7aa)\tIf—\n\t(a)\ta sum is properly paid by the nominal defendant to satisfy a claim made or judgment obtained in respect of death or bodily injury caused by or arising out of the use of an uninsured motor vehicle; and\n\t(b)\tthe driver of the uninsured vehicle was wholly or partly liable for the death or bodily injury; and\n\t(c)\tthe driver of the uninsured vehicle committed an offence against section 43 of the Road Traffic Act 1961,\nthe nominal defendant may, by action in a court of competent jurisdiction, recover that sum, or such part of that sum as the court thinks just and reasonable in the circumstances, together with costs from the driver or a person liable in respect of the acts or omissions of the driver.\n\t(7a)\tA finding of a court in proceedings for an offence as to—\n\t(a)\tthe incapacity of the driver of the uninsured vehicle to exercise effective control of the vehicle at the relevant time owing to the influence of intoxicating liquor or a drug; or\n\t(b)\tthe concentration of alcohol present in 100 millilitres of the blood of the driver of the uninsured vehicle at the relevant time; or\n\t(c)\twhether the driver of the uninsured vehicle is guilty of an offence against section 43 of the Road Traffic Act 1961,\nwill be treated as determinative of the issue in an action by the nominal defendant under this section.\n\t(7ab)\tFor the purposes of this section, a person will be taken to have committed an offence against section 43 of the Road Traffic Act 1961 if, and only if, the person has been found guilty of the offence.\n\t(7b)\tWhere—\n\t(a)\ta sum is properly paid by the nominal defendant to satisfy a claim made or judgment obtained in respect of death or bodily injury caused by or arising out of the use of an uninsured motor vehicle; and\n\t(b)\tthe driver of the uninsured vehicle was wholly or partly liable for the death or bodily injury; but\n\t(c)\tthe driver of the uninsured vehicle did not drive the vehicle as referred to in subsection (7)(c)(i), (ii) or (iii) or do or omit anything as referred to in subsection (7)(c)(i),\nthe nominal defendant may, by action in a court of competent jurisdiction, recover that sum, or such part of that sum as the court thinks just and reasonable in the circumstances, together with costs from the driver or a person liable in respect of the acts or omissions of the driver.\n\t(7c)\tIt is a defence to an action under subsection (7b) if the defendant proves that—\n\t(a)\tthe motor vehicle was being used at the relevant time by or with the consent of the owner; and\n\t(b)\tthe defendant did not know and could not reasonably be expected to have known that the vehicle was an uninsured motor vehicle.\n\t(7d)\tThe defence in subsection (7c) does not apply if it is proved that the driver of the uninsured motor vehicle—\n\t(a)\tdrove the vehicle while not duly licensed or otherwise permitted by law to drive the vehicle; or\n\t(b)\tdrove the vehicle while the vehicle was overloaded, or in an unsafe, unroadworthy or damaged condition; or\n\t(c)\tcommitted an offence against section 43 of the Road Traffic Act 1961.\n\t(7e)\tA court before which an action is brought for recovery from a person of a sum paid by the nominal defendant to satisfy a claim made or judgment obtained must, if the court is to determine the amount that it is just and reasonable in the circumstances for the nominal defendant to recover from the person, take into account—\n\t(a)\tthe extent to which the person contributed to or is otherwise responsible for the liability to which the claim or judgment relates; and\n\t(b)\tany other matter that the court considers relevant.\n\t(8)\tThe nominal defendant must pay any amount recovered under this section to approved insurers in such amounts or proportions as the Minister directs.\n116A—Appointment of nominal defendant\n\t(1)\tThe Minister may, by instrument published in the Gazette, appoint a person (whether a natural person or a body corporate) to be the nominal defendant for the purposes of this Part.\n\t(2)\tThe person for the time being holding the appointment as the nominal defendant may be designated or described (without specification of an actual name) as \"The Nominal Defendant\" in any legal process or other document.\n117—Interpretation of expression in sections 113 and 115\nIn sections 113 and 115 the expression a person who could have obtained a judgment in respect of that death or bodily injury includes a tortfeasor against whom a claim has been made in respect of that death or bodily injury and who is entitled to recover contribution in respect of it from some other person pursuant to Part 3 of the Wrongs Act 1936.\n118A—Appointment of nominal defendant when approved insurer is wound up etc\n\t(1)\tWhere the Minister is satisfied that an approved insurer, being a corporation incorporated in the State or elsewhere, has insufficient assets to meet all its liabilities and—\n\t(a)\tis being wound up; or\n\t(b)\thas entered into a compromise or arrangement with its creditors,\nthe Governor may, on the recommendation of the Minister, by proclamation declare that this section applies to that insurer and thereupon this section will apply to that insurer in accordance with the declaration.\n\t(3)\tWhere this section applies to an insurer, any person having any claim or entitled to bring any action or enforce any judgment against that insurer—\n\t(a)\tunder the terms and conditions of a policy of insurance under this Part; or\n\t(b)\tpursuant to any provision of this Part,\nmay make or bring that claim or action or enforce that judgment against the nominal defendant.\n\t(4)\tThe nominal defendant has the same duties and liabilities and has and may exercise the same powers and rights in or in relation to any such claim, action or judgment as the insurer would have if it were not being wound up, or had not entered into a compromise or arrangement with its creditors.\n\t(5)\tNotwithstanding any other Act, where the nominal defendant pays or is liable to pay any sum pursuant to subsection (3) and the amount so paid or liable to be paid or any part of it would, if paid by the insurer, have been recoverable by the insurer from another person under any provision of this Part or a contract or arrangement for reinsurance, the nominal defendant has and may exercise the rights and powers of the insurer under that contract or arrangement so as to enable the nominal defendant to recover that amount from that other person.\n\t(6)\tThe insurer or any officer or agent of the insurer or, where the insurer is being wound up, the liquidator of the insurer must, upon the request of the nominal defendant forthwith—\n\t(a)\tfurnish the nominal defendant with such particulars as the nominal defendant requires relating to claims, actions and judgments referred to in subsection (3) of which the insurer or liquidator has received notice; and\n\t(b)\tmake available to the nominal defendant all books and papers of the insurer relating to those claims, actions and judgments; and\n\t(c)\tgive the nominal defendant such assistance as the nominal defendant reasonably requires in relation to any such claim, action or judgment.\n\t(7)\tAll money paid out or costs incurred by the nominal defendant under this section in respect of any claim, action or judgment will be paid—\n\t(a)\tout of money contributed by approved insurers pursuant to a scheme under section 119; or\n\t(b)\tif no such scheme is in operation, by the Treasurer and approved insurers in accordance with section 120.\n\t(8)\tThe amount of all money paid out or costs incurred by the nominal defendant under this section may, in the winding up of the insurer or in any compromise or arrangement between the insurer and any of its creditors, be proved as a debt due to the nominal defendant by the insurer, and the nominal defendant must pay any amounts received as dividends out of the assets of the insurer, and any amounts recoverable by the insurer under this Part that have been recovered by the nominal defendant, to such approved insurers in such amounts or proportions as the Minister directs.\n118B—Interpretation of certain provisions where claim made or action brought against nominal defendant\n\t(1)\tThe provisions of this Act prescribed by subsection (2) will be taken to apply where a claim is made or an action is brought against the nominal defendant under this Part as if, for the purposes of those provisions—\n\t(a)\tthe motor vehicle in relation to which the claim is made or the action is brought were a motor vehicle insured under a policy of insurance; and\n\t(b)\tthe nominal defendant were the insurer and any liability of the nominal defendant were a liability of the insurer under the policy of insurance or the other provisions of this Part.\n\t(2)\tFor the purposes of subsection (1), the following provisions of this Act are prescribed:\n\t(a)\tsections 110, 111 and 111A;\n\t(b)\tsections 124 and 124AA;\n\t(d)\tsection 125B;\n\t(da)\tsection 126A;\n\t(e)\tsections 127, 127A, 127B and 127C;\n\t(f)\ta provision specified by the regulations for the purposes of subsection (1).\n119—Scheme under which approved insurers indemnify liabilities incurred by nominal defendant\n\t(1)\tThe Minister may, by notice in the Gazette, publish a scheme under which all approved insurers will contribute money in proportions provided for in the scheme for—\n\t(a)\tsatisfying claims made, or judgments pronounced, against the nominal defendant under this Part; and\n\t(b)\totherwise indemnifying the nominal defendant against payments made, and costs incurred, in respect of claims under this Part.\n\t(2)\tThe Minister may, by notice published in the Gazette, vary or revoke any scheme previously published under this section.\n\t(3)\tThe nominal defendant may by action in any court of competent jurisdiction enforce the terms of any scheme published under this section.\n120—Satisfaction of judgment against nominal defendant where no scheme in force\n\t(1)\tIf no scheme is in force under the preceding section, the amount of a judgment against the nominal defendant and the nominal defendant's costs and any other money that the nominal defendant is liable to pay under this Part will be paid by the Treasurer out of the General Revenue of the State.\n\t(2)\tThis section without further appropriation is sufficient authority for making payments under subsection (1).\n\t(3)\tEvery person who was an approved insurer at the date of the accident giving rise to the injury is liable to pay a contribution to the Treasurer to reimburse the Treasurer for the amount paid pursuant to this section.\n\t(4)\tThe contribution of each insurer will be determined by the Treasurer and in so determining the Treasurer must have regard to the premium income received for insurance under this Part during the previous year by each insurer.\n121—Policy to bind all insured persons\nWhile a policy of insurance remains in force, every person who is insured in terms of the policy is contractually bound by the provisions of the policy in all respects as if the person had agreed with the insurer so to be bound.\n122—Cancellation of policy\n\t(1)\tAn insurer may, subject to subsection (2), by notice in writing served personally or by post upon the insured person, cancel a policy of insurance in respect of a motor vehicle.\n\t(2)\tA policy of insurance may not be cancelled under subsection (1) unless the insurer has received from the Registrar a written notice stating that no registration, exemption from registration or permit is in force in relation to the motor vehicle.\n123—Right of insurer against unauthorised driver of vehicle\nWhere a person without lawful excuse drives a motor vehicle without first obtaining the consent of its owner, the insurer may, by action in a court of competent jurisdiction, recover from the person any money paid or costs incurred by the insurer in respect of a claim for death or bodily injury caused by the person's driving.\n124—Duty to cooperate with insurer\n\t(1)\tWhere an accident caused by, or arising out of the use of, a motor vehicle results in the death of, or bodily injury to, any person, written notice must be given as soon as practicable to the person who is the insurer under a policy of insurance in respect of the vehicle stating in detail—\n\t(a)\tthe fact of the accident; and\n\t(b)\tthe time and place at which it occurred; and\n\t(c)\tthe circumstances of the accident; and\n\t(ca)\tthe name, date of birth and address of the driver of the motor vehicle at the time of the accident; and\n\t(d)\tthe name and address of any person killed or injured in the accident; and\n\t(e)\tthe names and addresses of any witnesses of the accident.\n\t(2)\tWhere notice is not given as required by subsection (1), the owner, the person in charge, and the driver, of the motor vehicle at the time of the accident are each guilty of an offence.\nMaximum penalty: $1 250 or imprisonment for 3 months.\n\t(3)\tIt is a defence to a prosecution under subsection (2)—\n\t(a)\tthat the defendant did not know of the accident, or gave the requisite notice as soon as practicable after the accident came to the defendant's knowledge; or\n\t(b)\tthat the defendant believed upon reasonable grounds that the requisite notice had been given; or\n\t(c)\tif the defendant has not given notice of a particular detail as required by subsection (1)—that the defendant, having made reasonable inquiries, complied with the requirements of subsection (1) to the best of the defendant's knowledge, information and belief.\n\t(3a)\tA person who at the time of an accident of a kind referred to in subsection (1) was the owner, the person in charge, or the driver, of the motor vehicle must co-operate fully with the insurer in respect of a claim made in respect of the accident.\nMaximum penalty: $5 000.\n\t(3b)\tThe duty to co-operate under subsection (3a) will include, in the case of the owner, a duty to give the insurer access to the vehicle, and, if required, possession of the vehicle, or part of the vehicle, on reasonable terms and conditions.\n\t(4)\tWhere a claim is made upon an insured person in respect of an accident of a kind referred to in subsection (1), the insured person must as soon as practicable give notice of the claim to the insurer and furnish the insurer with such information in relation to the claim as the insurer may reasonably require.\n\t(5)\tThe insurer may, by notice in writing, require—\n\t(a)\tthe driver of the motor vehicle at the time of the accident to produce the licence or permit in pursuance of which the driver was driving the motor vehicle, for the inspection of the insurer; or\n\t(b)\tthe owner of the motor vehicle at the time of the accident to produce prescribed documents relating to the motor vehicle, for the inspection of the insurer,\nand if a person of whom such a requirement has been duly made fails to comply with the requirement the person is guilty of an offence.\n\t(6)\tA person must not give any notice or information under this section that is, to the person's knowledge, false or misleading in any material particular.\nMaximum penalty: $50 000 or imprisonment for one year.\n\t(6a)\tWhere a claim is made in respect of an accident of a kind referred to in subsection (1), a person must not give the insurer, or someone known by the person to be engaged by the insurer in connection with the claim, any information that the person knows is material to the claim and is false or misleading.\nMaximum penalty: $50 000 or imprisonment for one year.\n\t(6b)\tIf—\n\t(a)\tan amount has been paid to the claimant in connection with a claim in respect of an accident of a kind referred to in subsection (1); and\n\t(b)\tthe claimant has been found guilty of an offence against subsection (6) or (6a) in connection with the claim,\nthe person who made the payment is entitled to recover from the claimant the amount of any financial benefit that the claimant gained from the commission of the offence together with any amount that the court considers appropriate in respect of costs incurred in connection with the claim.\n\t(7)\tA notice or information given under this section is privileged from production or disclosure in any legal proceedings except proceedings under this Part.\n124AA—Limitation of liability in respect of foreign awards\n\t(1)\tThis section applies in relation to actions brought before a court of another country or state (except a state or territory of the Commonwealth).\n\t(2)\tAny limitation on liability for damages for death or bodily injury arising out of the use of a motor vehicle that is relevant to the operation of this Part and the degree of liability under the policy of insurance under this Part (including, but not limited to, the Civil Liability Act 1936) is a substantive law of the State and is intended to apply in relation to any action that arises out of the occurrence of the death or bodily injury—\n\t(a)\tirrespective of where the death or bodily injury occurred; and\n\t(b)\tdespite the fact that the court before which the action is brought would not (but for this subsection) apply, or take into account, the law of this State.\n\t(a)\tan action is brought in respect of death or bodily injury arising out of the use of an insured motor vehicle in a court that is not a court of the State; and\n\t(b)\tdespite subsection (2), the court awards an amount to a person that is in excess of the amount (if any) that would have been awarded in a similar action before a court of the State; and\n\t(c)\tthe insurer is liable to pay the amount awarded,\nthe following provisions apply:\n\t(d)\tthe insurer is entitled to recover the excess from, or set off the excess against any payment to be made to, the person to whom the amount is awarded (the judgment creditor);\n\t(e)\tthe insured person's liability to the judgment creditor is fully discharged on payment by the insurer to the judgment creditor of—\n\t(i)\tthe amount awarded; or\n\t(ii)\tthe amount awarded less the amount of the excess.\n\t(4)\tIn the course of proceedings under subsection (3)(d), a court may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the court by which the amount was awarded and draw any conclusion of fact from the evidence it considers proper; or\n\t(b)\tadopt any of the court's findings of fact.\n124A—Recovery by insurer\n\t(1)\tWhere an insured person incurs a liability against which the insured person is insured under this Part and the insured person has contravened or failed to comply with a term of the policy of insurance—\n\t(aa)\tby driving a motor vehicle, or doing or omitting to do anything in relation to a motor vehicle, with the intention of causing the death of, or bodily injury to, a person or damage to another's property, or with reckless indifference as to whether such death, bodily injury or damage results; or\n\t(a)\tby driving a motor vehicle while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle; or\n\t(b)\tby driving a motor vehicle while there is present in the insured person's blood a concentration of .1 grams or more of alcohol in 100 millilitres of blood,\nthe insurer may, by action in a court of competent jurisdiction, recover from the insured person any money paid or costs incurred by the insurer in respect of that liability.\n\t(2)\tWhere an insured person incurs a liability against which the insured person is insured under this Part and the insured person has, to the prejudice of the insurer—\n\t(aa)\tcontravened or failed to comply with a term of the policy of insurance by committing an offence against section 43 of the Road Traffic Act 1961; or\n\t(a)\tcontravened or failed to comply with any other term of the policy of insurance other than one referred to in subsection (1); or\n\t(b)\tcontravened or failed to comply with—\n\t(i)\ta requirement of section 124; or\n\t(ii)\ta provision of section 126,\nthe insurer may, by action in a court of competent jurisdiction, recover from the insured person so much of the money paid or costs incurred by the insurer in respect of that liability as the court thinks just and reasonable in the circumstances.\n\t(2a)\tA finding of a court in proceedings for an offence as to—\n\t(a)\tthe insured person's incapacity to exercise effective control of the vehicle at the time of the motor accident owing to the influence of intoxicating liquor or a drug; or\n\t(b)\tthe concentration of alcohol present in 100 millilitres of the insured person's blood at the time of the motor accident; or\n\t(c)\twhether the insured person is guilty of an offence against section 43 of the Road Traffic Act 1961,\nwill be treated as determinative of the issue in an action by the insurer under this section.\n\t(2b)\tFor the purposes of this section, a person will be taken to have committed an offence against section 43 of the Road Traffic Act 1961 if, and only if, the person has been found guilty of the offence.\n\t(3)\tWhere an insured person incurs, as a participant in a road race, a liability against which the insured person is insured under this Part, the insurer may, by action in a court of competent jurisdiction, recover from the organiser of the road race the amount of the liability and the reasonable costs incurred by the insurer in respect of that liability.\n\t(4)\tA court before which an action is brought for recovery from a person of a sum paid by an insurer to satisfy a liability incurred by an insured person must, if the court is to determine the amount that it is just and reasonable in the circumstances for the insurer to recover from the person, take into account—\n\t(a)\tthe extent to which the person contributed to or is otherwise responsible for the liability incurred; and\n\t(b)\tany other matter that the court considers relevant.\n124AB—Recovery of an excess in certain cases\n\t(1)\tWhere an insured person incurs a liability against which the insured person is insured under this Part and the liability arises out of an accident which was to the extent of more than 25 per cent the fault of the insured person, the insurer may recover from the insured person as a debt—\n\t(a)\tif the money paid and costs incurred by the insurer in respect of the liability do not exceed the prescribed amount—\n\t(i)\tthe amount of that money paid and costs incurred; or\n\t(ii)\tif the amount to be recovered from the insured person is received within 1 month following a first request for payment—95% of the amount of that money paid and costs incurred; and\n\t(b)\tif the money paid and costs incurred by the insurer exceed the prescribed amount—\n\t(i)\tthe prescribed amount; or\n\t(ii)\tif the amount to be recovered from the insured person is received within 1 month following a first request for payment—95% of the prescribed amount.\n\t(2)\tThe insurer is not entitled to recover an amount under subsection (1) if the insurer exercises any other right of recovery against the insured person under this Part.\n\t(3)\tFor the purposes of this section, the prescribed amount is $460.\n\t(4)\tThe amount prescribed by subsection (3) will be indexed so that it is adjusted on 1 January of each year, beginning on 1 January 2012, by multiplying the stated amount by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding year by the CPI for the September quarter 2010 (with the amount so adjusted being rounded up to the nearest multiple of $10).\n\t(5)\tA reference in this section to the prescribed amount in connection with costs incurred and money paid by the insurer in respect of a liability arising out of an accident is a reference to the prescribed amount for the year in which the accident occurred (having regard to any adjustment made to the prescribed amount as required under subsection (4)).\n124AC—Credit for payment of expenses by insurer\nIf an amount claimed as expenses incurred as a result of death or bodily injury caused by or arising out of the use of a motor vehicle is paid by an insurer to or on behalf of the claimant, the amount of any damages payable to the claimant in respect of the death or bodily injury is reduced by the amount so paid.\n125—Power of insurer to deal with claims against insured\n\t(1)\tAn insurer may, on behalf of an insured person—\n\t(a)\tconduct any legal proceedings in respect of circumstances out of which a claim against the insurer has arisen, or may arise; and\n\t(b)\tconduct and control negotiations in respect of any claim against the insured person; and\n\t(c)\tat any stage of those negotiations or proceedings pay, compromise or settle any claim against the insured person.\n\t(2)\tThe insured person must sign and execute all such warrants, authorities, and other documents as are necessary to give effect to this section and, if the insured person makes default in doing so or is absent or cannot be found, the insurer may sign or execute the warrants, authorities, or other documents on behalf of the insured person.\n\t(3)\tWhere—\n\t(a)\tas the result of the use of a motor vehicle an accident happens which results in the death of or bodily injury to any person, as well as damage to property; and\n\t(b)\tclaims are made in respect of the death or bodily injury and also in respect of the damage to property,\nthen nothing said or done in any negotiations for settlement of either claim, and no judgment given in legal proceedings in respect of either claim, can be evidence in legal proceedings in respect of the other claim.\n125A—Joinder of insurer as defendant to an action\n\t(1)\tWhere an action for damages or other compensation has been commenced in a court against an insured person in respect of death or bodily injury resulting from the use of a motor vehicle, the court may, on the application of the insurer, join it as a defendant to the action.\n\t(2)\tThe court may not join an insurer as a defendant to an action under subsection (1) unless the court is of the opinion that—\n\t(a)\tthere is an actual or potential conflict of interest between the insurer and the insured in relation to the presentation of the defence; and\n\t(b)\tthe defence proposed by the insurer in relation to which the actual or potential conflict of interest arises is, in the circumstances of the case, not merely speculative.\n\t(3)\tWhere, in pursuance of this section, an insurer has been joined as a defendant to an action—\n\t(a)\tthe insurer will be taken to have directly assumed the liability (if any) of the insured person upon the claim in respect of death or bodily injury and, where such a liability is found to exist, judgment upon that claim will be given not against the insured person but against the insurer; and\n\t(b)\tthe insured person remains a party to the action only for the purposes of—\n\t(i)\tdefending a claim that is not a claim in respect of death or bodily injury; or\n\t(ii)\tproceeding upon a counterclaim,\nand where there is no such claim or counterclaim, the insured person ceases to be a party to the action; and\n\t(c)\tthe insured person may not be joined as a third party to the action; and\n\t(d)\tthe insured person is, notwithstanding paragraphs (b) and (c), entitled to be heard in the proceedings upon any question related to the claim in respect of death or bodily injury; and\n\t(e)\tfor the purpose referred to in paragraph (d), the insured person is entitled to be represented by counsel of the insured person's own choice, and the insured person's costs must be paid by the insurer unless, in the opinion of the court, there are special reasons for ordering otherwise; and\n\t(f)\tthe insurer may apply to call the insured person to give evidence and, in that event, the person will be called, or summoned to appear, as a witness and be liable to cross-examination by the insurer.\n\t(4)\tNo judgment or finding of a court in proceedings in which an insurer has been joined as a defendant under this section is binding in subsequent proceedings against the insured person under section 124A.\n125B—Acquisition of vehicle by insurer\n\t(a)\tthe insurer considers it necessary to acquire the motor vehicle for the purposes of the conduct of negotiations or proceedings connected with the death of, or bodily injury to, any person caused by or arising out of the use of the vehicle; and\n\t(b)\tthe owner of the vehicle is unwilling to sell the vehicle to the insurer at all or for a price the insurer considers reasonable,\nthe insurer may acquire the vehicle compulsorily in accordance with this section.\n\t(2)\tThe insurer may, for the purposes of compulsorily acquiring the motor vehicle, apply to the Magistrates Court for a valuation of the vehicle.\n\t(3)\tIf within one month after the date of a valuation by the Court, the insurer pays into the Court the amount of the valuation, the Court—\n\t(a)\tmust make an order vesting title to the motor vehicle in the insurer; and\n\t(b)\tmay make any other incidental or ancillary orders that may be necessary or desirable in the circumstances of the case.\n\t(4)\tThe insurer must, after acquiring the vehicle, allow inspection and, if necessary, testing, of the vehicle, on reasonable terms and conditions, by—\n\t(a)\tany person who is or may become a party to proceedings in respect of death or bodily injury caused by or arising out of the use of the vehicle; or\n\t(b)\tany person who otherwise has a proper interest in inspecting the vehicle; or\n\t(c)\tany agent of a person referred to in paragraph (a) or (b).\n126—Duty of insured not to litigate or negotiate claim\nAn insured person must not, without the consent in writing of the insurer concerned—\n\t(a)\tenter upon, or incur any expense in, any litigation; or\n\t(b)\tmake any offer or promise of payment or settlement; or\n\t(c)\tmake any payment or settlement; or\n\t(d)\tmake any admission of liability; or\n\t(e)\tauthorise the repair of the motor vehicle, or dismantle, or wilfully cause damage to, the motor vehicle,\nin respect of any claim in respect of which the person is insured with that insurer, but this provision does not prevent any person from truthfully answering any question reasonably asked of the person by any police officer.\n126A—Claim for compensation\n\t(1)\tA person who seeks to make a claim for damages or other compensation in relation to the death of, or bodily injury to, a person for which insurance is provided under this Part must furnish the insurer or the nominal defendant (as the case may be) with a notice of claim that complies with the requirements of subsection (2).\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust be provided at a time or within a period prescribed by the regulations; and\n\t(b)\tmust be furnished in a manner and form approved by the Minister; and\n\t(c)\tmust set out or be accompanied by—\n\t(i)\ta statement setting out details of the claim; and\n\t(ii)\ta certificate or opinion as to the nature and probable cause of the death or injury (as the case requires) provided by a medical practitioner; and\n\t(iii)\tthe relevant police report number for any report provided to a police officer under the Road Traffic Act 1961 in connection with the relevant accident; and\n\t(iv)\tsuch other report or other information in relation to the accident or the claim as may be prescribed by the regulations; and\n\t(d)\tmust be accompanied by a statement (in a form prescribed by the regulations) authorising the insurer or the nominal defendant to have access to records and other sources of information relevant to the claim.\n\t(3)\tAny material or information required under subsection (2)(c) must comply with any requirements prescribed by the regulations.\n\t(4)\tAn insurer or the nominal defendant must, within 21 days of receiving any record or other information under subsection (2)(d), send a copy of the report or information to the claimant (or a legal practitioner engaged by the claimant).\n\t(5)\tAn insurer and the nominal defendant must establish practices and procedures designed to assist claimants to comply with the requirements of the preceding subsections.\n\t(6)\tIf a person fails to comply with a preceding subsection—\n\t(a)\tthe insurer or the nominal defendant (as the case may be) may decline to consider or deal with the claim while the failure continues; and\n\t(b)\tthe person is not entitled, until the person complies with the relevant requirements, to commence proceedings or to continue proceedings that have been commenced in respect of the death or injury.\n\t(7)\tSubsection (6) operates subject to any provision made by the regulations about qualifying or restricting the effect of failing to comply with the requirements of this section.\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).\n127—Medical examination of claimants\nclaimant means a person who has made a claim, or on whose behalf a claim has been made, for bodily injury caused by or arising out of the use of a motor vehicle.\n\t(2)\tA claimant must—\n\t(b)\twithin 21 days of consulting a legally qualified medical practitioner in relation to the injury to which the claim relates, or such longer period as may be reasonable in the circumstances of the case or as the insurer may allow, inform the insurer, by notice in writing, of—\n\t(i)\tthe name of the medical practitioner; and\n\t(ii)\tthe day on which the consultation occurred; and\n\t(c)\twithin 21 days of receiving (either personally or through a legal practitioner engaged by the claimant) a written report from a legally qualified medical practitioner consulted by the claimant in relation to the injury, or such longer period as may be reasonable in the circumstances of the case, send a copy of that report to the insurer.\n\t(6)\tIf a claimant fails to comply with subsection (2)(b) or (c) and proceedings have been commenced before a court—\n\t(a)\tthe court may award costs against the claimant; and\n\t(b)\tthe court may take that failure into account in assessing an award of compensation in favour of the claimant.\n\t(6a)\tSubsection (6) will not apply to any failure by a claimant to comply with subsection (2)(c) if the claimant has dealt with the medical report and taken other action in accordance with any rules of the court under which a party to proceedings may be relieved from the obligation to disclose to another party a medical report the disclosure of which would unfairly prejudice the party's case.\n\t(7)\tIn deciding on an award of costs under subsection (6)(a) or a reduction in an award of compensation under subsection (6)(b), the court may take into account—\n\t(a)\tthe effect that the non-compliance with subsection (2)(b) or (c) has had on the proper conduct of the case by any other party to the action; and\n\t(b)\tthe effect that that non-compliance may have had on the possibility of settling the case before trial.\n127A—Control of medical services and charges for medical services to injured persons\ninjured person means a person who has suffered bodily injury caused by or arising out of the use of a motor vehicle;\nprescribed limit, in relation to prescribed services, means the limit applying to the prescribed services for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986;\nprescribed scale, in relation to prescribed services, means the scale of charges applying to the prescribed services for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986;\nprescribed services means services of a kind referred to in section 32(2) of the Workers Rehabilitation and Compensation Act 1986, but does not include services of a kind excluded from the application of this section by notice made under subsection (2).\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\trequire that, for the purposes of this section, the scales of charges made for the purposes of section 32 of the Workers Rehabilitation and Compensation Act 1986 be read subject to modifications specified in the notice;\n\t(b)\texclude specified services from the application of this section;\n\t(c)\tvary or revoke a notice under this subsection.\n\t(3)\tThe Minister must, before issuing a notice under subsection (2)(a) or a notice varying or revoking such a notice, consult with professional associations representing the providers of services to which the notice relates.\n\t(3a)\tIn addition, the Minister may, by instrument in writing, in relation to a particular case or class of case, increase a limit or charge that applies for the purposes of this section (and the prescribed limit or prescribed scale will, in that case, then be taken to be increased to the extent allowed by the instrument).\n\t(4)\tFor the purposes of this section, a reference in section 32 of the Workers Rehabilitation and Compensation Act 1986 or the scales of charges made for the purposes of that section to a worker is to be taken to include a reference to an injured person.\n\t(5)\tFor the purposes of this section, a charge for prescribed services is excessive if—\n\t(a)\tthe charge exceeds the prescribed limit or the charge allowed for the prescribed services under the prescribed scale; or\n\t(b)\tin the case of prescribed services for which there is not a prescribed limit and to which a prescribed scale does not apply—the charge exceeds an amount that the Magistrates Court considers reasonable for the provision of the services.\n\t(6)\tThe Magistrates Court may, on application by the insurer—\n\t(a)\twhere an injured person has been charged an excessive amount for prescribed services—reduce the charge by the amount of the excess and, if the charge has been paid to the service provider, order the service provider to pay the amount of the excess to the insurer; or\n\t(b)\twhere an injured person has received prescribed services that the Court considers were, in the circumstances of the case, inappropriate or unnecessary—disallow the charge for the services and, if the charge has been paid to the service provider, order the service provider to pay the amount of the charge to the insurer.\n\t(7)\tProceedings may not be commenced under subsection (6)(a) in relation to a charge for a prescribed service for which there is not a prescribed limit and to which a prescribed scale does not apply if, prior to the injured person being charged for the service, the insurer agreed to the amount of the charge.\n\t(8)\tProceedings may not be commenced under subsection (6) unless the insurer has—\n\t(a)\tfirst given the service provider notice that the insurer claims the charge to be excessive or the services to be inappropriate or unnecessary, as the case may be, and of the reasons for the claim; and\n\t(b)\tallowed at least 30 days from the giving of the notice for the service provider and any professional association or other person acting on behalf of the service provider to respond to the claim and consult with the insurer; and\n\t(c)\tgiven due consideration to any response to the claim and proposals for settlement of the matter made by or on behalf of the service provider; and\n\t(d)\tgiven the service provider notice of the result of the insurer's consideration of the matter and allowed a further period of 30 days to elapse from the giving of that notice for any further consultations if requested by the service provider.\n\t(9)\tA person who provides prescribed services to an injured person, knowing that the person's injury has been caused by or arisen out of the use of a motor vehicle, must not, if a prescribed scale applies to the services, charge an amount for the services exceeding the amount allowed under the prescribed scale.\n\t(10)\tProceedings may not be commenced under subsection (6) or for an offence against subsection (9) in respect of prescribed services provided in relation to bodily injury caused by or arising out of the use of a motor vehicle unless liability to damages (whether being the whole or part only of the amount claimed) in respect of that injury has been accepted by or established against an insured person or the insurer.\n\t(11)\tProceedings for an offence against subsection (9) may be commenced at any time within 12 months after—\n\t(a)\tliability to damages (whether being the whole or part only of the amount claimed) has been accepted or established as referred to in subsection (10); or\n\t(b)\treceipt by the insurer of an account for payment of the charge to which the proceedings relate,\nwhichever is the later.\n\t(12)\tIn proceedings for an offence against subsection (9) it is a defence if the defendant proves that, at the time the defendant charged for the services, the defendant, having made reasonable inquiries, had reason to believe that neither an insured person nor the insurer has or might have any liability to damages in respect of the injury.\n127B—Liability of insurer to pay treatment, care and support costs\ntreatment, care and support needs of a person are the person's needs for or in connection with any of the following:\n\t(a)\tmedical treatment (including pharmaceuticals);\n\t(b)\tdental treatment;\n\t(c)\trehabilitation;\n\t(d)\tambulance transportation;\n\t(e)\taids and appliances;\n\t(f)\tprostheses;\n\t(g)\tsuch other kinds of treatment, care, support or services as may be prescribed by the regulations.\n\t(2)\tSubject to this section, if—\n\t(a)\ta person who has not attained the age of 16 years suffers bodily injury caused by or arising out of the use of a motor vehicle; and\n\t(b)\tthe incident to which the bodily injury is attributable occurs in South Australia,\nthen the insurer is liable to pay all the necessary and reasonable expenses with respect to the treatment, care and support needs of the person (including after the person attains the age of 16 years) that are attributable to that bodily injury.\n\t(3)\tThis section applies whether or not a liability at common law exists against the owner of the relevant motor vehicle or other person on account of the occurrence of the bodily injury (but any award of damages must take into account the extent to which an entitlement arises under this section).\n\t(4)\tThis section does not apply in relation to a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013.\n\t(5)\tSection 127A will apply to any services under this section insofar as they are prescribed services under that section.\n\t(6)\tIf a person suffered the bodily injury as a result of or partly as a result of the fault of another person (the wrongdoer), the insurer is entitled to recover from the wrongdoer as a debt due to the insurer such proportion of the present value of the insurer's treatment, care and support liabilities in respect of the person's bodily injury as corresponds to the wrongdoer's share in the responsibility for the injury. \n\t(7)\tThe present value of the insurer's treatment, care and support liabilities in respect of a bodily injury is the sum of the following amounts:\n\t(a)\tamounts already paid by the insurer under this section in respect of the treatment, care and support needs associated with the bodily injury; and\n\t(b)\tthe present value of the amounts that the insurer estimates will be payable by the insurer in the future under this section in respect of the treatment, care and support needs associated with the bodily injury. \n127C—Control of legal costs\n\t(1)\tSubject to subsection (3), a court before which proceedings are brought in respect of a claim for which a person is insured under this Part must comply with the following provisions as to costs in relation to the claimant:\n\t(a)\tif the total amount recovered in respect of the claim does not exceed $25 000—the court must not award in favour of the claimant costs as between party and party unless the court is of the opinion that there are exceptional circumstances justifying the award of such costs;\n\t(b)\tif the total amount recovered in respect of the claim exceeds $25 000 but does not exceed $100 000—the court must not award in favour of the claimant costs in respect of the proceedings in excess of the costs applying under the designated scale unless the court is satisfied that there are exceptional circumstances justifying the award of additional costs.\n\t(2)\tA court before which proceedings are brought in respect of a claim for which a person is insured under this Part must comply with the following provisions as to costs in relation to the defendant:\n\t(a)\tif the total amount claimed does not exceed $25 000—the court must not award in favour of the defendant costs as between party and party unless the court is of the opinion that there are exceptional circumstances justifying the award of such costs;\n\t(b)\tif the total amount claimed exceeds $25 000 but does not exceed $100 000—the court must not award in favour of the defendant costs in respect of the proceedings in excess of the costs applying under the designated scale unless the court is satisfied that there are exceptional circumstances justifying the award of additional costs.\n\t(3)\tIf proceedings are brought before a court in order to obtain approval of a compromise or settlement that relates to a person who is under a legal disability, subsection (1)(a) does not apply so as to prevent an award of costs as between party and party insofar as the costs are directly related to obtaining that approval.\ndesignated scale means the scale of costs that apply in relation to civil proceedings in the Magistrates Court of South Australia (even if the claim against the insurer is for an amount that exceeds the jurisdictional limit of that court), subject to any modifications made by the regulations for the purposes of this section.\n128—Duty of insurers to furnish information\n\t(1)\tThe Minister may by written notice given to an approved insurer require the insurer to furnish to the Minister within a period fixed by the notice, being not less than two months, any information reasonably required by the Minister and specified in the notice, relating to—\n\t(a)\tpremiums received for insurance under this Part;\n\t(b)\tclaims paid under this Part;\n\t(c)\tpersons insured under this Part;\n\t(d)\tany other matters relevant to this Part.\n\t(2)\tAn insurer who receives such a notice must comply with it; but it is a defence to a charge of non-compliance to show that the insurer had a reasonable excuse for the non-compliance.\n\t(3)\tAn insurer must not wilfully or negligently furnish to the Minister any false information relating to matters specified in a notice under this section.\n129A—Commissions and other financial benefits and inducements prohibited without Minister's approval\n\t(1)\tAn approved insurer must not give, or offer to give, to any person, in respect of any policy of insurance, a commission, discount, gift, rebate or any other form of financial benefit or inducement.\n\t(2)\tSubsection (1) does not apply in relation to financial benefits or inducements of a class approved by the Minister from time to time.\n131—Insurance by visiting motorists\nThe Registrar must not grant temporary registration of a motor vehicle to a person visiting the State unless an insurance policy is in force under which persons who drive or are passengers in or on that vehicle in the State are, in the Registrar's opinion, adequately insured against any liability which may be incurred by them in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor vehicle in the State.\n132—Power to disqualify on application of insurer\n\t(1)\tAn approved insurer may apply on complaint to the Magistrates Court for an order that any person be disqualified for such period as the Court fixes from holding or obtaining a driver's licence.\n\t(2)\tIf it is proved to the satisfaction of the Court that the defendant is likely, in the event of continuing to drive motor vehicles, to endanger unduly the safety of the public, the Court may make such order under subsection (1) as it thinks just.\n133—Contracting out of liability\n\t(1)\tSubject to subsection (2), any contract (whether under seal or not) by virtue of which a person contracts in advance out of any right to claim damages or any other remedy in respect of death or bodily injury caused by or arising out of the use of a motor vehicle is to that extent void.\n\t(2)\tNeither subsection (1) nor any corresponding previous enactment will be construed as applying to a right or remedy in respect of loss of or damage to property.\n134—Persons entitled to act in connection with claims\n\t(1)\tA person must not—\n\t(a)\tfor or in the expectation of directly or indirectly receiving any reward accept any instructions or authority to act on behalf of any person in respect of the making, commencement, resisting, negotiation, compromise or settlement of any claim or action for damages for death, bodily injury, or injury to property, arising out of the use of a motor vehicle; or\n\t(b)\tfor or in the expectation of directly or indirectly receiving any reward make, commence, resist, negotiate, compromise or settle or cause to be made, commenced, resisted, negotiated, compromised or settled on behalf of any person, any such claim or action; or\n\t(c)\thold themself out as being willing to act for reward on behalf of any person in making, commencing, resisting, negotiating, compromising or settling any such claim or action.\n\t(2)\tThis section does not apply to—\n\t(a)\tany qualified legal practitioner acting in the course of the legal practitioner's profession;\n\t(b)\tany officer of an association formed for the protection of the interests of employees and whether registered under any Commonwealth or State Act or not, when acting in the course of the officer's duties for a member of that association;\n\t(c)\tany person employed or instructed by an approved insurer to act on its behalf in connection with—\n\t(i)\tany claim or action in a case where the insurer is liable to indemnify the person against whom the claim is made or the action brought;\n\t(ii)\tany claim for injury to property in a case where the insurer is exercising rights of subrogation in respect of that injury and where the person so employed or instructed limits themself to making and settling the claim without threatening or otherwise referring to legal proceedings in respect of the claim.\n\t(3)\tAn agreement to pay money for work done or services rendered contrary to this section is void and any money so paid is recoverable by the person who has paid it.\n","sortOrder":22},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Trials of automotive technologies","content":"Part 4A—Trials of automotive technologies\n134B—Interpretation\n\t(1)\tIn this Part—\nauthorisation notice, in respect of a trial of automotive technology, means a notice authorising the trial under section 134D(1);\nauthorised trial means a trial the subject of an authorisation notice;\nauthorised trial period means the period specified in an authorisation notice during which an authorised trial may be undertaken;\nexemption means an exemption under section 134E, as in force from time to time.\n\t(2)\tFor the purposes of this Part, a particular technology will be taken to be automotive technology if the technology—\n\t(a)\tis related to the design, construction or use of wholly or partly autonomous motor vehicles; or\nNote—\nThese vehicles are commonly referred to as driverless cars or driverless vehicles.\n\t(b)\totherwise relates to advances in the design or construction of motor vehicles.\n134C—Minister may publish or adopt guidelines\n\t(1)\tThe Minister may, by notice in the Gazette, publish or adopt guidelines in connection with the operation of this Part.\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, vary, substitute or revoke guidelines published or adopted under this section.\n\t(3)\tA copy of any guidelines published or adopted under this section must—\n\t(a)\tbe published on a website determined by the Minister; and\n\t(b)\tbe kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified by the Minister.\n134D—Minister may authorise trials of automotive technologies\n\t(1)\tThe Minister may, by notice in the Gazette (an authorisation notice), authorise a specified person to undertake a trial of automotive technology in accordance with this Part.\n\t(2)\tBefore authorising a trial under this Part, the Minister must—\n\t(a)\tbe satisfied that the person has in place, or will have in place before the trial commences, arrangements for public liability insurance that comply with any requirements under section 134H; and\n\t(b)\tcomply with any other requirements set out in the regulations for the purposes of this subsection,\nhowever a failure to comply with this subsection will not, of itself, invalidate the authorisation of a trial.\n\t(3)\tSubject to section 134L, an authorisation notice—\n\t(a)\tmust specify—\n\t(i)\tthe area or areas of the State in which the trial may be undertaken; and\n\t(ii)\tthe authorised trial period in respect of the trial; and\n\t(iii)\tthe scope and nature of the trial; and\n\t(iv)\tthe name of the person authorised to undertake the trial; and\n\t(b)\tmust contain any other information required by the regulations in respect of the trial; and\n\t(c)\tmay include such other information as the Minister thinks appropriate.\n\t(4)\tAn authorisation may be conditional or unconditional (including, to avoid doubt, a condition requiring compliance with guidelines prepared or adopted by the Minister under section 134C).\n\t(5)\tThe Minister must, not later than 1 month before the commencement of an authorised trial, cause details of the authorised trial to be published on a website determined by the Minister (however a failure to comply with this subsection will not, of itself, invalidate the authorisation of a trial).\n\t(6)\tThe Minister may vary or revoke an authorisation, or vary, revoke or add a condition of an authorisation, for any reason the Minister thinks fit.\n134E—Exemptions from this and other Acts\n\t(1)\tSubject to this section, the Minister may, for a purpose related to an authorised trial, exempt a person or class of persons, or a vehicle or class of vehicles, from the operation of a provision or provisions of this or any other Act, law or standard.\n\t(2)\tAn exemption may be granted on the Minister's own initiative or on an application made in a manner and form determined by the Minister.\n\t(3)\tIn the case of an exemption from a provision or provisions of an Act for which the Minister is not responsible, the Minister must consult with the Minister responsible for the administration of that Act before granting the exemption.\n\t(4)\tAn exemption—\n\t(a)\tmust be by notice in the Gazette (whether as part of an authorisation notice or otherwise); and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tremains in force (subject to any suspension under section 134F) until—\n\t(i)\tthe day on which the authorised trial period ends; or\n\t(ii)\tthe end of the period specified in the exemption; or\n\t(iii)\tthe exemption is revoked,\nwhichever occurs first.\n\t(5)\tThe Minister may vary an exemption, or vary, revoke or add a condition of an exemption, for any reason the Minister thinks fit.\n134F—Revocation and suspension of exemption\n\t(1)\tThe Minister must revoke an exemption if authorisation of the authorised trial to which the exemption relates is revoked.\n\t(2)\tThe Minister may revoke an exemption if—\n\t(a)\tthe Minister is of the opinion that it is no longer in the public interest for the authorised trial to which the exemption relates to continue; or\n\t(b)\tthe person authorised to undertake the trial—\n\t(i)\thas not complied with a requirement under section 134H; or\n\t(ii)\thas contravened or failed to comply with a condition of the exemption.\n\t(3)\tThe Minister may suspend the operation of the whole or part of an exemption if the Minister is of the opinion that it is appropriate to do so.\n\t(4)\tA revocation or suspension—\n\t(a)\tmust be by notice in writing served personally on the person authorised to undertake the trial, or a person nominated by the person authorised to undertake the trial; and\n\t(b)\tmust be published on a website determined by the Minister (however a failure to comply with this paragraph will not, of itself, invalidate the revocation or suspension); and\n\t(c)\thas effect from the day or time specified in the notice and, in the case of a suspension, remains in force for the period specified in the notice.\n\t(5)\tIf the Minister suspends the operation of an exemption, the Minister may, by notice in the Gazette, vary the authorisation notice in respect of the trial as the Minister thinks fit (including, to avoid doubt, by extending the authorised trial period).\n134G—Offence to contravene etc condition of exemption\n\t(1)\tA person who contravenes or fails to comply with a condition of an exemption is guilty of an offence\n\t(2)\tIf a person contravenes or fails to comply with a condition of an exemption, the exemption does not, while the contravention or non‑compliance continues, operate in that person's favour.\n\t(3)\tIf, by virtue of subsection (2), a person is guilty of an offence against the provision of this or any other Act, law or standard from which the person was exempted by an exemption, the person may be proceeded against either for that offence or for an offence against subsection (1).\n134H—Requirement for insurance\nA person authorised to undertake an authorised trial must ensure that there is in force at all times during the authorised trial period—\n\t(a)\ta policy of public liability insurance indemnifying the owner and any authorised driver or operator of the vehicle in an amount not less than the amount specified by the Minister in relation to the trial in relation to death or bodily injury caused by, or arising out of, the use of the vehicle on a road; and\n\t(b)\ta policy of public liability insurance indemnifying the owner and any authorised driver or operator of the vehicle in an amount not less than the amount specified by the Minister in relation to the trial in relation to damage to property caused by, or arising out of, the use of the vehicle on a road; and\n\t(c)\tany other policy of insurance that the Minister may reasonably require in relation to the trial.\n134I—Offence to hinder authorised trial or interfere with equipment\n\t(1)\tA person who, without reasonable excuse—\n\t(a)\thinders or obstructs the undertaking of an authorised trial; or\n\t(b)\tinterferes with any equipment or device relating to an authorised trial,\n\t(2)\tIn proceedings for an offence against subsection (1), it is a defence for the defendant to prove that the defendant did not know, and could not reasonably have been expected to have known, that the activity allegedly constituting the offence would, in fact, hinder or obstruct the undertaking of an authorised trial, or constitute interference with equipment or a device (as the case requires).\n\t(3)\tWithout limiting the ways in which a person can interfere with equipment or a device, a person will be taken to interfere with equipment or a device if the person interferes with an electronic signal being sent to, or from, the equipment or device.\n134J—Immunity relating to official powers or functions\n\t(1)\tThis section applies to the same persons as section 74 of the Public Sector Act 2009.\n\t(2)\tSubject to this Act, no civil liability attaches to a person to whom this section applies for an act or omission done in good faith and without negligence in relation to an authorised trial.\n\t(3)\tAn action that would, but for subsection (2), lie against a person lies instead against the Crown, except in the case of a member of a body corporate or the governing body of a body corporate or a person employed or appointed by, or a delegate of, a body corporate, in which case it lies instead against the body corporate.\n\t(4)\tThis section does not prejudice rights of action of the Crown or a public sector agency in respect of an act or omission of a person not in good faith.\n134K—Commencement of prosecutions\n\t(1)\tA prosecution for an offence against this or any other Act that relates to an authorised trial must not be commenced without the consent of—\n\t(a)\tin the case of an offence against this Act or any other Act for which the Minister is responsible—the Minister; or\n\t(b)\tin the case of an offence against an Act for which another Minister is responsible—that Minister.\n\t(2)\tIn proceedings for an offence against this or any other Act, a document apparently signed by a Minister stating that the Minister consents to a particular prosecution will be accepted, in the absence of proof to the contrary, as proof of that consent.\n134L—Confidentiality\nWithout limiting section 134D, the Minister must (unless the Minister considers it inappropriate to do so) take reasonable steps to prevent information—\n\t(a)\tthat is commercially sensitive in nature; and\n\t(b)\tthat is the subject of a request to the Minister by a person connected with an authorised trial or a proposed trial for the information to be kept confidential,\nfrom being published or otherwise made public under this Part.\n134M—Report to Parliament\n\t(1)\tThe Minister must, within 6 months after the completion of an authorised trial, prepare a report in relation to the authorised trial.\n\t(2)\tA report must contain the information required by the regulations in relation to the authorised trial to which the report relates.\n\t(3)\tThe Minister must cause a copy of a report under this section to be laid before both Houses of Parliament within 12 sitting days after the Minister's receipt of the report.\n","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Supplementary provisions","content":"Part 5—Supplementary provisions\n135—False statements\n\t(1)\tA person must not in furnishing information, or compiling a record, pursuant to this Act make, or include in the record, a statement that is false or misleading in a material particular.\nMaximum penalty: $5 000 or imprisonment for 6 months.\n\t(2)\tOn a charge of an offence under subsection (1), it is not necessary for the prosecutor to prove the state of mind of the defendant, but the defendant is entitled to be acquitted if the defendant proves that when making the statement the defendant believed and had reasonable grounds for believing it was true.\n\t(3)\tThis section applies to written and oral statements, and in respect of written and oral applications and requests.\n\t(4)\tWhere, in pursuance of a false statement made by a person, the Registrar has refunded any money paid under this Act—\n\t(a)\tthe court may, in any proceedings against that person for an offence against this section, in addition to any penalty, order the defendant to pay to the Registrar the money so refunded; or\n\t(b)\tthe Registrar may recover the money from that person as a debt in any court of competent jurisdiction.\n\t(5)\tA prosecution for an offence against subsection (1) may be commenced at any time within 2 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney‑General, at a later time within 5 years after the date of the alleged commission of the offence.\n\t(6)\tAn apparently genuine document purporting to be signed by the Attorney‑General and to authorise the commencement of proceedings for an offence against subsection (1) will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n135A—Bribes\nA person must not, while acting in the administration of this Act or in the exercise of any powers conferred or delegated under this Act, solicit, receive or accept any bribe, and a person must not give or offer a bribe to any such person.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n135B—Applications made by agent\n\t(1)\tWhere it appears to the Registrar that an application under this Act is made by an agent of a person, the Registrar may require the agent to provide evidence to the satisfaction of the Registrar that the agent is authorised by that person to make the application on the person's behalf.\n\t(2)\tIf an agent fails or refuses to comply with a requirement of the Registrar under subsection (1), the Registrar may refuse to deal with the application.\n135C—Proof of identity\nThe Registrar may require a person making an application or furnishing information under this Act to produce evidence to the satisfaction of the Registrar of the person's identity.\n136—Duty to notify change of name, address etc\n\t(1)\tIf a person (other than a body corporate) who is—\n\t(b)\tthe holder of a licence or learner's permit,\nchanges the person's name or the place at which the person is ordinarily resident, the person must within 14 days of doing so give notice to the Registrar in a prescribed manner of the new name or new place at which the person is ordinarily resident, as the case may require.\n\t(2)\tIf a person (other than a body corporate) who holds trade plates changes the person's name or principal place of business within the State, the person must within 14 days of doing so give notice to the Registrar in a prescribed manner of the person's new name or new principal place of business, as the case may require.\n\t(2a)\tIf a body corporate that is—\n\t(b)\tthe holder of trade plates,\nchanges the principal place of business of the body corporate within the State, the body corporate must within 14 days of doing so give notice to the Registrar in a prescribed manner of the new principal place of business of the body corporate.\n\t(2b)\tIf a motor vehicle ceases to have the garage address registered in respect of the vehicle, the registered operator of the vehicle must within 14 days of the change of garage address, give notice to the Registrar in a prescribed manner of the vehicle's new garage address.\n\t(2c)\tIf the person recorded on the register of motor vehicles as the operator of a registered motor vehicle ceases to be the operator of the vehicle and no change of the vehicle's ownership occurs, the registered owner of the vehicle must within 14 days of the change of operator, give notice to the Registrar in a prescribed manner of the vehicle's new operator.\n\t(2d)\tIf a person who is—\n\t(b)\tthe holder of a licence or learner's permit; or\n\t(c)\tthe holder of trade plates,\nchanges the person's postal address, the person must, within 14 days of the change, give notice to the Registrar in a prescribed manner of the person's new postal address.\n\t(3)\tThe Registrar may require a person giving notice of a change of name, residence, principal place of business, postal address or garage address of a vehicle in a particular manner to produce evidence of the change to the satisfaction of the Registrar.\n\t(4)\tA requirement under subsection (3) may be made in writing or orally.\n\t(5)\tIf a person fails to comply with a requirement of the Registrar under subsection (3), the person will, for the purposes of this section, be taken to have failed to give notice in the manner to which the requirement relates.\n137—Duty to answer certain questions\nA person must when requested by a police officer or an authorised officer in the course of performing duties under this Act forthwith truly answer any question put to the person for the purpose of ascertaining—\n\t(a)\tthe purpose for which or the circumstances in which a motor vehicle bearing a trade plate or a motor vehicle registered at a reduced fee is being or was being driven on any occasion;\n\t(b)\tthe name and place of residence or business of any person who is or was driving any motor vehicle on any occasion.\n137A—Obligation to provide evidence of design etc of motor vehicle\nThe registered owner or the registered operator of a motor vehicle must, on request by the Registrar or an authorised officer, provide to the Registrar or authorised officer such evidence of the design, construction, maintenance, safety, ownership or appearance of the vehicle as is required by the Registrar or authorised officer.\n138—Obligation to provide information\n\t(1)\tIf the Registrar believes on reasonable grounds that any information contained in the register of motor vehicles or the register of licences is inaccurate, incomplete or misleading, the Registrar may by notice in writing require the registered owner or the registered operator of a motor vehicle, or the holder of a licence, as the case may require, to provide evidence to the Registrar in such form as the Registrar may require, relevant to the issuing, variation or continuation of the registration of the vehicle or the licence, including the holder's personal details and residential address.\n\t(2)\tFor the purposes of subsection (1), the Registrar may require a person to provide specified documents for inspection and attend at a time and place specified in the notice for identification.\n\t(3)\tIf a person who is required to attend for identification requests a change to the time or place specified in the notice, the Registrar must consider that request and may change the time or place in accordance with the request.\n\t(4)\tIf a person fails to comply with a requirement made of the person under this section, the person is guilty of an offence.\n138A—Commissioner of Police to give certain information to Registrar\nThe Commissioner of Police—\n\t(a)\tmust, upon the request of the Registrar; and\n\t(b)\tmay, at any other time,\nprovide the Registrar with such information as may be relevant to the question of whether a particular person is a fit and proper person to hold any licence, permit or towtruck certificate under this Act, to hold a position on an accident towing roster established under the accident towing roster scheme or to be delegated powers or functions of the Registrar under this Act.\n138B—Effect of dishonoured cheques etc on transactions under the Act\n\t(a)\tan amount payable to the Registrar under this Act or lawfully collected by the Registrar on behalf of any other person or body is purportedly paid by the giving of a cheque or use of a debit card or credit card; and\n\t(b)\tthe cheque is dishonoured on presentation or the amount is not paid to the Registrar by the body that issued the card or is required to be repaid by the Registrar,\nthe transaction in relation to which the payment was purportedly made will be taken to be, and to always have been, void and of no effect.\n\t(2)\tThe Registrar may, in such circumstances as the Registrar thinks fit, by notice given in a manner and form determined by the Minister to the person who is liable to make the payment, suspend the operation of subsection (1) for such period as may be specified in the notice, for the purpose of allowing that person to make payment in accordance with subsection (3) within that period.\n\t(3)\tIf a person to whom notice has been given under subsection (2) pays the due amount and the prescribed charges in the time specified, the transaction will be taken to be, and to always have been, effective.\n\t(4)\tWhere a transaction is void by virtue of this section, the Registrar may, by notice given in a manner and form determined by the Minister to the person who is liable to make the payment—\n\t(a)\trequire the person to deliver to the Registrar at a place and within a reasonable time specified in the notice any licence, permit, certificate, plate or other document or thing issued or renewed by the Registrar in consequence of the purported transaction; or\n\t(b)\trequire the person to deal with any such licence, permit, certificate, plate, document or thing in the prescribed manner.\n\t(5)\tA person must comply with a notice served under subsection (4).\n\t(6)\tWhere, in any proceedings for an offence against this or any other Act, it is proved that the defendant has had the benefit of any licence, permit, certificate, plate or other document or thing issued or renewed pursuant to a transaction that is void by virtue of this section, the court may, in addition to any penalty, order the defendant to pay to the Registrar such proportion as the court thinks appropriate of the sum that the defendant was liable to pay on the issue or renewal of that licence, permit, certificate, or other document or thing and the prescribed charges.\n\t(7)\tNotwithstanding any other provision of this section, where a transaction is void pursuant to this section, the Registrar, in such circumstances as the Registrar thinks fit—\n\t(a)\tmay accept late payment by the applicant of the due amount and the prescribed charges and direct that the transaction be taken to have been effective as from a day specified by the Registrar; or\n\t(b)\tmay refuse to enter into any further transaction with the applicant, unless the applicant pays to the Registrar the amount that was payable in respect of the void transaction, or such proportion of that amount as the Registrar thinks fit, and the prescribed charges.\nprescribed charges means—\n\t(a)\tthe prescribed administration fee; and\n\t(b)\tany charges imposed on the Registrar in respect of the dishonoured cheque or debit card or credit card transaction concerned.\n139—Inspection of motor vehicles\n\t(1)\tSubject to this section, the Registrar or an authorised vehicle inspector may examine a motor vehicle for any of the following purposes:\n\t(a)\tverifying any information disclosed in—\n\t(i)\tan application made to the Registrar in respect of the vehicle or any evidence provided by an applicant in response to a requirement of the Registrar under this Act; or\n\t(ii)\ta notice of the making of an alteration or addition to the vehicle given to the Registrar by a person under section 44 or any evidence provided by a person in response to a requirement of the Registrar under that section;\n\t(b)\tascertaining any facts on which the amount of any fee or payment to the Registrar in respect of the vehicle depends;\n\t(c)\tascertaining whether—\n\t(ii)\tthe vehicle would, if driven on a road, put the safety of persons using the road at risk;\n\t(d)\tascertaining whether the vehicle or part of the vehicle is or may be stolen.\n\t(2)\tA motor vehicle may not be examined for the purposes of subsection (1)(c) unless—\n\t(a)\tthe vehicle is of a class prescribed for the purposes of that subsection; or\n\t(b)\tan application to register, or transfer the registration of, the vehicle has been made; or\n\t(c)\tnotice of the making of an alteration or addition to the vehicle is given, or is required to be given, to the Registrar by a person under section 44; or\n\t(d)\tprescribed circumstances exist.\n\t(3)\tThe Registrar may determine that motor vehicles of a class prescribed for the purposes of subsection (1)(c) must be examined periodically at intervals prescribed by the regulations.\n\t(4)\tFor the purposes of subsection (1)—\n\t(a)\tthe Registrar or an authorised vehicle inspector may take from any part of a motor vehicle a sample of any liquid fuel used or appearing to be used for propelling that vehicle;\n\t(b)\tthe Registrar, a police officer or an authorised officer may—\n\t(i)\tenter and remain in any premises at any reasonable time and search those premises for motor vehicles; or\n\t(ii)\trequire a person to produce a motor vehicle at a specified authorised inspection station or other specified place at a specified day and time for the purpose of examination.\n\t(5)\tThe Registrar, a police officer or an authorised officer may only exercise the powers conferred by subsection (4)(b)(i) in respect of residential premises on the authority of a warrant issued by a magistrate.\n\t(6)\tA warrant may not be issued unless the magistrate is satisfied that the warrant is reasonably required in the circumstances.\n\t(7)\tAn application for the issue of a warrant—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n\t(8)\tA person of whom a requirement is made by the Registrar, a police officer or an authorised officer under subsection (4)(b)(ii) must not refuse or fail to comply with the requirement.\n\t(9)\tA person must not—\n\t(a)\twithout reasonable excuse, hinder or obstruct an authorised vehicle inspector in the exercise of powers under this section; or\n\t(b)\tfalsely represent, by words or conduct, that the person is an authorised vehicle inspector; or\n\t(c)\tfalsely represent, by words or conduct, that premises are an authorised inspection station.\n\t(10)\tThe Registrar may—\n\t(a)\tauthorise a person, or persons of a specified class, to examine motor vehicles for the purposes of this section;\n\t(b)\tauthorise the use of specified premises as an inspection station for the examination of motor vehicles for the purposes of this section;\n\t(c)\tmake an authorisation under paragraph (a) or (b) subject to such terms and conditions as the Registrar thinks fit;\n\t(d)\tvary or revoke an authorisation under paragraph (a) or (b) at any time.\n\t(11)\tThe Minister may, for the purposes of this section, establish a code of practice to be observed by persons authorised to examine motor vehicles in accordance with this section.\n\t(12)\tA person who contravenes a code of practice established under this section is guilty of an offence.\n\t(13)\tA person authorised by the Registrar to examine motor vehicles for the purposes of this section may, with the approval of the Minister, charge fees for the examination of a motor vehicle that exceed the fees prescribed under this Act or the Road Traffic Act 1961 for that purpose.\n\t(14)\tThe Minister may, for the purposes of subsection (13), grant or revoke an approval as the Minister thinks fit, or make any approval subject to such conditions as the Minister thinks fit.\n\t(15)\tIn this section—\nauthorised inspection station means premises used as an inspection station for the examination of motor vehicles pursuant to an authorisation under subsection (10);\nauthorised vehicle inspector means—\n\t(a)\tan authorised officer; or\n\t(b)\ta police officer; or\n\t(c)\ta person, or person of a class, authorised to examine motor vehicles pursuant to an authorisation under subsection (10).\n139AA—Where vehicle suspected of being stolen\nWhere, following inspection of a vehicle under this Part, the person responsible for carrying out the inspection (other than a police officer) reasonably suspects that the vehicle or part of the vehicle is or may be stolen, the person must—\n\t(a)\timmediately inform a police officer of that suspicion and the reason for it; and\n\t(b)\tseize and detain the vehicle until it can be delivered into the custody of a police officer.\n139A—Suspension of disqualification on appeal\n\t(1)\tA person who by virtue of an order of a court under this Act is disqualified from holding or obtaining a driver's licence may appeal against the order in the same manner as against a conviction.\n\t(2)\tPending the hearing and determination of any such appeal the operation of any such order may be suspended—\n\t(a)\tin the case of an order made by the Magistrates Court, by a magistrate or a judge of the Supreme Court;\n\t(b)\tin the case of an order made by the Supreme Court, by a judge of that Court.\n\t(3)\tAn order of suspension may be made before or after the institution of the appeal, but will not have any effect until the defendant—\n\t(a)\thas duly instituted the appeal and paid the appropriate court fees; and\n\t(b)\thas served on the Registrar the order of suspension or a copy of it, and a notice that the appeal has been duly instituted and the fees paid.\n139BA—Power to require production of licence etc\n\t(1)\tWhere by or under this or any other Act—\n\t(a)\ta licence or learner's permit is cancelled or suspended or has become void, or the holder of a licence or learner's permit is disqualified from holding or obtaining a licence or permit; or\n\t(b)\ta decision or order is made, or the Registrar is required—\n\t(i)\tto cancel or suspend a licence or learner's permit;\n\t(ii)\tto disqualify the holder of a licence or learner's permit from holding or obtaining a licence or permit;\n\t(iii)\tto make, vary or remove any endorsement on a licence or learner's permit of or relating to any classification, condition, disqualification, suspension or other restriction,\nthe court, person or body making the decision or order, or, in any case, the Registrar, may require the holder of the licence or permit to produce the licence or permit at a specified place and within a specified period.\n\t(2)\tA requirement for production of a licence or permit may be imposed by—\n\t(a)\torder of a court; or\n\t(b)\tnotice given in a manner and form determined by the Minister to the holder of the licence or permit.\n\t(3)\tA person must comply with a requirement for production of a licence or permit imposed under this section.\n\t(4)\tWhere a licence or permit is produced pursuant to this section, the court, person or body to whom it is produced, or, in any case, the Registrar, may do one or more of the following as the case may require:\n\t(a)\tmake, vary or remove any endorsement on the licence or permit;\n\t(b)\twhere the licence or permit is or is to be cancelled or suspended or has become void, or a disqualification is imposed on the holder of the licence or permit—retain the licence or permit.\n139BB—Issue of new licence or permit where licence etc cannot be endorsed\n\t(a)\tan endorsement is to be made on a licence or learner's permit or an existing endorsement on a licence or permit is to be varied or removed; and\n\t(b)\tthe licence or permit is in such a form that the endorsement cannot be made, varied or removed,\nthe Registrar may, on production of the licence or permit, retain the licence or permit and issue to the holder of the licence or permit a new licence or permit bearing the appropriate endorsements.\n\t(2)\tWhere a new licence or permit is issued under this section, the old licence or permit has no further force or effect and must be destroyed.\n\t(3)\tA licence or permit issued under this section will, for the purposes of this Act, be taken to have been in force from the date on which the old licence or permit was issued or last renewed.\n139BC—Manner of endorsing licence etc\nAn endorsement on a licence or learner's permit is, for the purposes of this Act, sufficiently made if it is made in accordance with the regulations.\n139BD—Service and commencement of notices of disqualification\n\t(1)\tA notice of disqualification authorised or required to be given under this Act must be given in accordance with this section.\n\t(2)\tA notice of disqualification must in the first instance be sent by post, addressed to the person to whom it is required to be given, at the person's last known postal address.\n\t(3)\tThe Registrar must, in the notice—\n\t(a)\trequire the person—\n\t(i)\tto personally acknowledge receipt of the notice—\n\t(A)\tby attending, within the period specified in the notice, at a place of a kind prescribed by the regulations; or\n\t(B)\tby recording the acknowledgement, within the period specified in the notice, by electronic means of a kind determined by the Minister; and\n\t(ii)\tto pay to the Registrar, in accordance with the notice, the administration fee prescribed by the regulations; and\n\t(b)\tinform the person that if the person fails to comply with the requirements of the notice—\n\t(i)\tanother notice of disqualification will be issued and served on the person personally; and\n\t(ii)\tthe person will be liable to pay a service fee of the amount prescribed by the regulations; and\n\t(iii)\tthe Registrar may refuse to enter into any transaction with the person until the person pays the service fee; and\n\t(c)\tinform the person that if another notice of disqualification is issued and an attempt to serve the notice personally is unsuccessful, the Registrar may refuse to enter into any transaction with the person until the person pays the service fee and personally acknowledges receipt of the notice in accordance with the notice.\n\t(4)\tIf a person to whom a notice of disqualification is posted fails to comply with a requirement made under subsection (3) within the period specified in the notice—\n\t(a)\tthe notice is to be taken for the purposes of this Act not to have been given to the person; and\n\t(b)\tthe Registrar must issue another notice of disqualification and cause it to be served on the person personally.\n\t(5)\tIf an attempt is made to effect personal service of a notice of disqualification—\n\t(a)\tthe Registrar may, if the attempt is successful, refuse to enter into any transaction with the person to whom the notice was given until the person pays the service fee prescribed by the regulations; or\n\t(b)\tthe Registrar may, if the attempt is unsuccessful, refuse to enter into any transaction with the person to whom the notice is required to be given until—\n\t(i)\tthe person personally acknowledges receipt of the notice in accordance with the notice; and\n\t(ii)\tthe person pays the service fee prescribed by the regulations.\n\t(6)\tFor the purposes of this Act, a notice of disqualification is to be taken to have been given to a person—\n\t(a)\tin the case of a notice receipt of which is personally acknowledged by the person as required by the notice—on the day on which receipt of the notice is so acknowledged; or\n\t(b)\tin the case of a notice that is served on the person personally—on the day on which the notice is so served.\n\t(7)\tA notice of disqualification must specify when the notice will take effect in accordance with this section.\n\t(8)\tSubject to subsections (9) and (9a), a notice of disqualification takes effect as follows:\n\t(a)\tin the case of a notice receipt of which is personally acknowledged by a person as required by the notice—28 days after the day specified in the notice;\n\t(b)\tin the case of a notice that is served on a person personally—28 days after the day on which the notice is so served.\n\t(9)\tIf, at the time that a notice of disqualification is due to take effect, the person is already disqualified from holding or obtaining a licence or permit or the person's licence or permit is already suspended, the notice of disqualification will instead take effect on the termination of that prior disqualification or suspension.\n\t(9a)\tIf, in accordance with subsection (8), 2 or more notices of disqualification would take effect at the same time, the notices of disqualification will instead take effect in the order determined by the Registrar, with each notice of disqualification taking effect on the termination of the prior disqualification or suspension.\n\t(10)\tIf the Registrar considers that there are proper reasons for doing so, the Registrar may, at any time before a notice of disqualification takes effect, reissue the notice.\n\t(11)\tIn this section—\nnotice of disqualification means a notice under section 81B(1), 81BA(4), 81BB(8), 81BC(2), 81C(2), 81D(2)(b) or (c), 98BD(2) or 98BE(2a).\n139C—Service of other notices and documents\n\t(1)\tExcept as otherwise provided in this Act, a notice or other document required or authorised to be given to or served on a person may—\n\t(a)\tbe served on that person personally; or\n\t(b)\tbe sent by post addressed to that person at the person's last known postal address; or\n\t(c)\tbe given to the person by electronic means of a kind determined by the Minister.\n\t(2)\tIf a notice or other document is required or authorised to be given to or served on the registered owner of a motor vehicle, it is sufficient for the purposes of this Act, in a case where there is more than one registered owner of the vehicle, if it is given to or served on only one or some of the registered owners.\n139D—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate information obtained (whether by that person or otherwise) in the administration of this Act except—\n\t(a)\tas required or authorised under this or any other Act; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tin connection with the administration of—\n\t(i)\tthis Act; or\n\t(ii)\tthe Heavy Vehicle National Law (South Australia) Act 2013; or\n\t(iii)\tthe Heavy Vehicle National Regulations (South Australia); or\n\t(iv)\tthe local regulations made under the Heavy Vehicle National Law (South Australia) Act 2013; or\n\t(d)\tto a public authority of any jurisdiction for law enforcement purposes or a prescribed public authority of any jurisdiction; or\n\t(e)\tto a court or in connection with any legal proceedings; or\n\t(ea)\tas may be required for the purposes of—\n\t(i)\tthe Fines Enforcement and Debt Recovery Act 2017; or\n\t(ii)\tPart 4 Division 3 of the Local Nuisance and Litter Control Act 2016; or\n\t(iii)\tsection 5D of the Environment Protection Act 1993; or\n\t(f)\tin accordance with guidelines prescribed by the regulations.\n\t(2)\tThe Registrar or a person authorised by the Registrar may—\n\t(a)\trequire a person applying for the disclosure of information obtained in the administration of this Act to provide such evidence as the Registrar or authorised person considers necessary to determine the application;\n\t(b)\tif the Registrar or authorised person thinks fit, require any such evidence to be verified by statutory declaration.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\n\t(4)\tFor the purposes of this section—\n\t(a)\ta reference to the administration of this Act is to be taken to include a reference to the administration of the Road Traffic Act 1961; and\n\t(b)\tan approved alcohol interlock provider, and a person engaged in the activities of an approved alcohol interlock provider for the purposes of this Act, are to be taken to be engaged in the administration of this Act.\n139E—Protection from liability\n\t(3)\tNo civil or criminal liability is incurred by a person who, in good faith, furnishes the Registrar with information that discloses or suggests that another person is or may be unfit to drive a motor vehicle.\n139G—Offences by authorised officers\nAn authorised officer who—\n\t(a)\taddresses offensive language to any person; or\n\t(b)\twithout lawful authority or a reasonable belief as to lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any person,\n140—Evidence of registers\n\t(1)\tA document purporting to be an extract from, or copy of, an entry contained in any register kept pursuant to this Act and purporting to be certified as such an extract or copy by the Registrar is, in all legal proceedings and arbitrations, admissible as evidence, and is, in the absence of proof to the contrary, proof of the matters stated without the production of any register, licence, notice or other document upon which any entry may be founded.\n\t(2)\tWith respect to the ownership of a motor vehicle, subsection (1) operates to facilitate proof of the person recorded on the register of motor vehicles as the owner of the vehicle but neither the register nor an extract from, or copy of, an entry contained in the register constitutes evidence of actual title to the vehicle.\n141—Evidence by certificate etc\n\t(1)\tA document purporting to be a certificate signed by the Registrar stating all or any of the following matters:\n\t(a)\tthat a specified person was not on a specified day or during a specified period the holder of a licence of a specified class or category or was not the holder of a towtruck certificate;\n\t(aa)\tthat, on a specified day, a specified person was or was not the holder of an exemption under section 81A(14);\n\t(ab)\tthat premises described in the certificate were not on a specified day or during a specified period the registered premises of a towtruck operator described in the certificate;\n\t(ac)\tthat a motor vehicle described in the certificate was or was not on a specified day or during a specified period registered in the name of a person described in the certificate;\n\t(b)\tthat a specified person had not on a specified day or during a specified period registered any motor vehicle whatever, or a specified motor vehicle;\n\t(c)\tthat no trade plate or no trade plate bearing a particular number had on a specified day or during a specified period been issued to a specified person;\n\t(d)\tthat a specified number was not the number on any trade plate in force on a specified day;\n\t(e)\tthat a specified motor vehicle was not on a specified day or during a specified period a registered motor vehicle;\n\t(ea)\tthat specified purposes were the purposes stated in the application for registration, renewal of registration, exemption from registration or a permit in respect of a specified motor vehicle or in the application for the issuing of specified trade plates;\n\t(f)\tthat a specified number was not on any specified day assigned to any motor vehicle whatever, or to a specified motor vehicle;\n\t(g)\tthat a specified person had not on or before a specified day made or delivered an application to the Registrar under a specified provision of this Act, or had not given, furnished or produced to the Registrar a notice, document or object required by or under a specified provision of this Act;\n\t(i)\tthat a specified person had not on or before a specified day notified the Registrar in a prescribed manner of a change of name, residence or principal place of business or a change of postal address or garage address;\n\t(j)\tthat a document that is attached to the certificate, or that a document a copy of which is attached to the certificate, was lodged in the Registrar's office on a specified day;\n\t(k)\tthat a specified person had or had not on or before a specified day paid any specified fee or amount payable to the Registrar under this Act;\n\t(l)\tthat a specified person had not within a specified period attended a lecture conducted under a specified provision of this Act,\nis in all legal proceedings and arbitrations proof of the matters so stated in the absence of proof to the contrary.\n\t(2)\tA document purporting to be a certificate signed by an authority under the Heavy Vehicle National Law (South Australia), the Heavy Vehicle National Regulations (South Australia) or a corresponding law stating matters relating to—\n\t(a)\tthe registration or non-registration of a motor vehicle; or\n\t(b)\tthe person recorded on a register as the operator of a motor vehicle; or\n\t(c)\tthe GCM, GVM, load capacity or identification of a motor vehicle; or\n\t(d)\tany other matter relating to the use of a motor vehicle on roads; or\n\t(e)\twhether a person has a licence or other authority to drive a motor vehicle, the extent of the authority conferred by the licence or other authority and any conditions of the licence or other authority; or\n\t(f)\tany offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or\n\t(g)\tdemerit points incurred by any person,\nis in all legal proceedings and arbitrations proof of the matters so stated in the absence of proof to the contrary.\n\t(2a)\tIn the absence of proof to the contrary, in proceedings under this Act, a notice of disqualification will be taken to have been given to a person—\n\t(a)\tin the case of a notice receipt of which is personally acknowledged by the person—\n\t(i)\tby the person attending, within the period specified in the notice, at a place of a kind prescribed by the regulations; or\n\t(ii)\tby the person recording the acknowledgement, within the period specified in the notice, by electronic means of a kind determined by the Minister,\non the day on which receipt of the notice is so acknowledged; or\n\t(b)\tin the case of a notice that is served on the person personally—on the day on which the notice is so served.\n\t(3)\tA court may admit into evidence other documents prescribed by the regulations in the circumstances set out in the regulations.\ncorresponding law means a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this section.\n142—Facilitation of proof\nIn proceedings for an offence against this Act—\n\t(a)\tproof that a motor vehicle does not bear a distinguishing number as prescribed by this Act, or that a motor vehicle bears a number other than the number issued under this Act in respect of that motor vehicle is, in the absence of proof to the contrary, proof that the motor vehicle is not registered;\n\t(c)\tthe allegation in an information that a place is a street or road is, in the absence of proof to the contrary, proof that that place is a road within the meaning of this Act;\n\t(d)\tthe allegation in an information that at the time mentioned in the information there was not in force in respect of a particular motor vehicle a policy of insurance complying with Part 4 is, in the absence of proof to the contrary, proof of the fact so alleged;\n\t(e)\tthe allegation in an information that a person performed a specified act for or in expectation of any fee or reward or benefit, or in the course of a business, is, in the absence of proof to the contrary, proof of the fact so alleged;\n\t(f)\ta document purporting to be a certificate signed by a police officer of or above the rank of inspector stating that a person specified in the certificate was or was not given an accident towing direction on a specified day and in relation to a motor vehicle and accident specified in the certificate is proof of the matters so stated in the absence of proof to the contrary.\n142A—Evidence of ownership of motor vehicle\nA notice under section 56(b)(i)(B) is, in all legal proceedings, proof of the matters stated in the notice in the absence of proof to the contrary.\n143—Causing or permitting offences\n\t(1)\tA person who causes or permits another person to do or omit to do anything in contravention of any provision of this Act is guilty of an offence and liable to the penalty prescribed for that contravention.\n143B—General defences\n\t(1)\tIt is a defence to a charge for an offence against this Act if the person charged establishes that the conduct constituting the offence was—\n\t(a)\tauthorised or excused by or under a law; or\n\t(b)\tdone in compliance with a direction given by an authorised officer or police officer; or\n\t(c)\tdone in response to circumstances of emergency.\n\t(2)\tThe defence under subsection (1)(c) applies only if the person charged reasonably believed that—\n\t(a)\tcircumstances of emergency existed; and\n\t(b)\tcommitting the offence was the only reasonable way to deal with the emergency; and\n\t(c)\tthe conduct was a reasonable response to the emergency.\n\t(3)\tNothing in this section affects any other defence available at law.\n145—Regulations and fee notices\n\t(1)\tThe Governor may make regulations—\n\t(a)\tprescribing all matters necessary or convenient to be prescribed for the administration of this Act and for carrying out the objects of this Act; and\n\t(b)\texempting, subject to such conditions as may be stipulated in the regulations, any specified motor vehicle, or motor vehicles of any specified class, from the obligation to be registered or to bear identification numbers or a permit in pursuance of this Act; and\n\t(ba)\tempowering the Registrar to issue documents relating to the registration of a motor vehicle or to any registered particulars of a registered motor vehicle, prescribing fees for the issue of such documents by the Registrar, prescribing classes of documents (whether issued by the Registrar or any other person or body) relating to the registration of a motor vehicle and providing offences relating to such documents; and\n\t(c)\texempting, subject to such conditions as may be stipulated in the regulations, persons of any specified class from the obligation to hold a licence or a licence of a specified class, instructor's licence, or towtruck certificate under this Act; and\n\t(ca)\trequiring—\n\t(i)\tnotice to be given to the Registrar of specified matters in relation to any written-off motor vehicle (whether registered or unregistered) or any specified vehicle part;\n\t(ii)\tnotices containing specified information to be affixed to written-off motor vehicles (whether registered or unregistered) or any specified vehicle part; and\n\t(cb)\tprohibiting or restricting the use on roads of written-off motor vehicles or the defacing, alteration or removal of notices affixed to written-off motor vehicles or specified vehicle parts; and\n\t(d)\tproviding for the determination by the Registrar of the load capacity of a motor vehicle to be registered; and\n\t(e)\tprescribing, and providing for the payment of fees, for any test conducted for the purposes of this Act; and\n\t(ea)\tprescribing, and providing for the payment of fees for the inspection of a motor vehicle for the purposes of this Act; and\n\t(f)\tprescribing any other fees or monetary amount for the purposes of this Act; and\n\t(fa)\tprescribing fees for the purposes of the Interstate Road Transport Act 1985 of the Commonwealth; and\n\t(g)\tproviding for the remission or reduction of any fee payable under this Act; and\n\t(ga)\tregulating the use of motor vehicles to which \"L\" or \"P\" plates are affixed pursuant to this Act; and\n\t(gb)\tproviding for the attachment of number plates to motor vehicles, or any class of motor vehicles, and prescribing the fees payable for number plates, or any class of number plates; and\n\t(gc)\tproviding for the classification of licences and the classes of motor vehicles permitted to be driven pursuant to those classifications; and\n\t(gd)\tprescribing the qualifications that are required to be held before a person may hold, or be taken to hold, a licence assigned a particular classification, and empowering the Registrar to exempt persons, conditionally or unconditionally, from that requirement; and\n\t(ge)\tpreventing a person who fails a test of a prescribed kind conducted for the purposes of this Act from taking a subsequent such test within the prescribed period; and\n\t(gf)\tproviding for matters relating to exemptions under section 81A(14), including the issue, carriage and production of certificates of exemption and the use, suspension, cancellation or surrender of exemptions or certificates of exemption; and\n\t(h)\tproviding for an accident towing roster scheme and for that purpose may by regulation—\n\t(i)\tprovide for and regulate the issuing of directions by or on behalf of police officers for towtrucks to proceed to the scenes of accidents occurring in the declared area;\n\t(ii)\tprovide for and regulate the administration of an accident towing roster under which the towtrucks of towtruck operators holding positions on the roster may be directed to proceed to the scenes of accidents occurring within the declared area, or, if the declared area is divided into zones, within a particular zone;\n\t(iii)\tempower the Registrar to declare, by notice in the Gazette, that the declared area is divided into zones specified in the notice, and to vary or revoke any such declaration by a subsequent notice;\n\t(iv)\tempower the Registrar to determine applications by towtruck operators for positions on an accident towing roster;\n\t(v)\tprescribe the qualifications that applicants must have in order to be granted positions on an accident towing roster;\n\t(vi)\totherwise provide for and regulate applications for and the allocation of positions on an accident towing roster;\n\t(vii)\tprovide for and prescribe the duties of and regulate the activities and conduct of towtruck operators holding positions on an accident towing roster;\n\t(viii)\tempower the Registrar to stipulate conditions with which towtruck operators holding positions on an accident towing roster must comply;\n\t(ix)\tempower the Registrar to reprimand a towtruck operator who holds a position on an accident towing roster, to remove or suspend the operator from the roster or to reduce the number of positions held by the operator on the roster and prescribe the circumstances in which the Registrar may exercise those powers;\n\t(x)\tprovide for tests or examinations for the purpose of determining applications for positions on an accident towing roster;\n\t(xi)\tprohibit any conduct that might interfere with the operation or administration of an accident towing roster or the issuing of accident towing directions;\n\t(xii)\tregulate the activities and conduct of persons employed or acting in the course of the business of a towtruck operator holding a position on an accident towing roster;\n\t(xiii)\tprescribe the standards and requirements for and provide for the registration of the premises used by towtruck operators who hold positions on an accident towing roster;\n\t(xiv)\trequire the display at towtruck operators' registered premises of signs of a prescribed size, construction and form and containing the prescribed information and regulate the positioning of such signs;\n\t(xv)\tregulate the storage at the registered premises of towtruck operators of vehicles damaged in accidents;\n\t(xvi)\tprescribe the standards and requirements for and provide for the approval by the Registrar of towtrucks and equipment carried on towtrucks used for towing motor vehicles damaged in accidents in the declared area and prohibit the driving of towtrucks that do not comply with the prescribed standards and requirements or that have not been so approved;\n\t(xvii)\tprovide for and prescribe the hours at which towtruck operators must be ready and able to engage in towing pursuant to accident towing directions;\n\t(xviii)\trequire towtruck operators to insure against risks of damage to or loss relating to motor vehicles towed or stored in the course of their businesses;\n\t(xix)\tprescribe application fees and fees payable annually for positions on an accident towing roster, being fees which may vary according to prescribed factors;\n\t(xx)\tprovide for the issuing of documents to be used as authorities to tow and the fees for issuing such documents;\n\t(xxi)\tregulate the possession or use of documents issued by the Registrar for use as authorities to tow;\n\t(xxii)\tprescribe the duties of a towtruck driver or towtruck operator where a document issued for use as an authority to tow, or an authority to tow, or a copy of an authority to tow, is lost, destroyed, rendered unusable or illegible or cancelled;\n\t(xxiii)\trequire the keeping and preserving of records by persons holding or formerly holding positions on an accident towing roster;\n\t(xxiv)\trequire the provision of information to the Registrar by towtruck operators holding positions on an accident towing roster; and\n\t(i)\tproviding for the inspection of towtrucks and equipment carried on towtrucks; and\n\t(j)\tprescribing the forms of certificates, notices or documents required or authorised to be given under Part  3C or under the regulations or providing that the forms of those certificates, notices or documents must be as determined by the Minister; and\n\t(k)\tprescribing the fees for certificates under Part 3C which may be of varying amounts according to factors prescribed in the regulations; and\n\t(l)\texempting, or conferring on the Registrar a power to exempt, a person from compliance with a specified provision of Part 3C or a regulation made for the purposes of that Part for a period and subject to conditions specified in the regulations or by the Registrar; and\n\t(la)\texempting, conditionally or unconditionally, any person or class of persons or any motor vehicle or class of motor vehicle, from any provision of this Act; and\n\t(m)\tprescribing fines not exceeding $5 000, for breach of, or non-compliance with, the regulations; and\n\t(n)\tfixing expiation fees, not exceeding $2 500, for alleged offences against the Act or regulations.\n\t(1a)\tRegulations made under subsection (1)(ca) or (cb) may—\n\t(a)\tprescribe penalties, not exceeding a $5 000 fine or imprisonment for 6 months, for breach of, or non-compliance with, a regulation made under that subsection; and\n\t(b)\tfix an expiation fee, not exceeding $1 250, for an alleged offence against a regulation made under that subsection.\n\t(1b)\tTo avoid doubt, regulations made under subsection (1)(gc) or (gd) may require a person who holds a particular class of licence (the original licence) to obtain a different class of licence in order to drive a class of motor vehicle that they had been authorised to drive under the original licence.\n\t(2)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application;\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Registrar, an inspector or any other person or body prescribed by the regulations;\n\t(d)\tinclude evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences;\n\t(e)\trefer to or incorporate, wholly or partially and with or without modification—\n\t(i)\tthe text of model legislation or road transport legislation set out in regulations made for the purposes of section 7 of the National Transport Commission Act 2003 of the Commonwealth; or\n\t(ii)\ta document published by the National Transport Commission and approved by the Australian Transport Council; or\n\t(iii)\ta specified standard, code or other document prepared or published by a prescribed body,\nas in force at the time the regulations are made or as in force from time to time;\n\t(f)\tcontain provisions of a savings or transitional nature.\n\t(3)\tIf regulations refer to or incorporate a standard, code or other document—\n\t(a)\ta copy of the standard, code or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices determined by the Minister; and\n\t(b)\tevidence of the contents of the standard, code or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n\t(4)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\nwritten-off motor vehicle means a motor vehicle of a class defined by the regulations as written-off vehicles.\n147—Financial provision\n\t(1)\tThe money required to make any refund authorised by this Act will be paid out of the General Revenue of the State, and this Act is a sufficient appropriation and authority for any such payment.\n\t(2)\tOther money required for the administration of this Act will be paid out of money voted by Parliament for that purpose.\n148—Duty of health professionals\n\t(1)\tWhere a health professional has reasonable cause to believe that—\n\t(a)\ta person whom the health professional has examined holds a driver's licence or a learner's permit; and\n\t(b)\tthat person is suffering from a physical or mental illness, disability or deficiency such that, if the person drove a motor vehicle, the person would be likely to endanger the public,\nthe health professional is under a duty to inform the Registrar in writing of the name and address of that person, and of the nature of the illness, disability or deficiency from which the person is believed to be suffering.\n\t(2)\tWhere a health professional furnishes information to the Registrar in pursuance of subsection (1), the health professional must notify the person to whom the information relates of that fact and of the nature of the information furnished.\n\t(3)\tA person incurs no civil or criminal liability in carrying out the person's duty under subsection (1).\n","sortOrder":24},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Evidence obtained by photographic detection device","content":"Schedule 1—Evidence obtained by photographic detection device\ncamera detected registration offence means a registration offence where evidence relating to the offence was obtained through the operation of a photographic detection device;\nphotographic detection device means a photographic detection device approved under the Road Traffic Act 1961 in relation to registration offences;\nregistration offence means an offence against section 9 or 102.\n2—Certain offences subsumed\n\t(a)\tthe registration of a motor vehicle has expired; and\n\t(b)\ta person is given an expiation notice for a camera detected registration offence involving the vehicle (the first offence); and\n\t(c)\tsince the vehicle was last registered, that person has not been charged with, or been given an expiation notice for, a registration offence arising out of a different incident involving that vehicle,\nthe first offence subsumes all other camera detected registration offences involving that vehicle and committed by that person within 14 days of the date of the commission of the first offence.\n\t(2)\tHowever, if, within 14 days of the date of the commission of the first offence, the person is charged with, or given an expiation notice for, that offence or any other registration offence involving the same vehicle, any camera detected registration offences involving that vehicle and committed by that person after the person is so charged, or is given such an expiation notice, are not subsumed by the first offence.\n3—Notice about photographic evidence\nAn expiation notice, expiation reminder notice or summons in respect of a camera detected registration offence must be accompanied by a notice in the prescribed form stating that a copy of the photographic evidence—\n\t(a)\twill, on written application to the Commissioner of Police by the person to whom the expiation notice, reminder notice or summons is issued, be sent by post to the address nominated in that application or (in the absence of such a nomination) to the last known address of the applicant; and\n\t(b)\tmay be viewed on application to the Commissioner of Police.\n4—Evidentiary\nIn proceedings for a camera detected registration offence—\n\t(a)\ta photograph or series of photographs produced by the prosecution will be admitted in evidence if—\n\t(i)\tthe photograph or series of photographs was produced from exposures taken, or electronic records made, by a photographic detection device; and\n\t(ii)\tthe requirements of the Road Traffic Act 1961 as to the operation and testing of photographic detection devices were complied with in connection with that use of the device,\nand a denotation as to date, time and location that appears as part of such a photograph or series of photographs will be accepted as proof, in the absence of proof to the contrary, of the date, time and location at which the exposures were taken or the electronic records were made by the photographic detection device; and\n\t(b)\ta document produced by the prosecution and purporting to be signed by the Commissioner of Police, or any other police officer of or above the rank of inspector, and purporting to certify—\n\t(i)\tthat a specified device used at a specified location during a specified period was a photographic detection device; and\n\t(ii)\tthat the requirements of the Road Traffic Act 1961 as to the operation and testing of photographic detection devices were complied with in connection with the use of that device during that period,\nwill be accepted as proof, in the absence of proof to the contrary, of the facts so certified; and\n\t(c)\twhere it is also certified in a document of a kind referred to in paragraph (b) that the device was designed and set to operate according to a specified system during that period, it will be presumed, in the absence of proof to the contrary, that the device was designed and set to operate according to that system during that period and did, in fact, so operate.\n","sortOrder":25},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Prescribed circumstances (sections 75A, 75B and 81A)","content":"Schedule 2—Prescribed circumstances (sections 75A, 75B and 81A)\n1—Driving with immediate family members\n\t(1)\tFor the purposes of section 81A(19), a motor vehicle is driven in prescribed circumstances if all the peer passengers, or all but 1 of the peer passengers, in the vehicle are immediate family members of the driver.\nAboriginal or Torres Strait Islander means a person who—\n\t(a)\tis descended from an Aboriginal or Torres Strait Islander person; and\n\t(b)\tregards themself as an Aboriginal or Torres Strait Islander; and\n\t(c)\tis accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nimmediate family member of a driver means—\n\t(a)\tthe driver's spouse or domestic partner; or\n\t(b)\ta child of whom the driver has custody as a parent or guardian; or\n\t(c)\ta guardian or step‑parent of the driver; or\n\t(d)\tthe spouse of a grandparent of the driver; or\n\t(e)\ta brother or sister of the driver; or\n\t(f)\ta stepbrother or stepsister of the driver; or\n\t(g)\ta child of whom a parent, guardian or step‑parent of the driver has custody as a parent or guardian; or\n\t(h)\ta person held to be related to the driver according to Aboriginal or Torres Strait Islander kinship rules and observances (if the driver is an Aboriginal or Torres Strait Islander);\nspouse—a person is the spouse of another if they are legally married.\n2—Emergency workers\n\t(1)\tFor the purposes of sections 75A(21), 81A(17) and 81A(19), driving a motor vehicle while engaged in official duties as an emergency worker is driving the vehicle in prescribed circumstances.\nemergency worker means a member of the police force or a person who is an emergency worker as defined by the regulations for the purposes of this clause.\n3—Driving to attend education or training\n\t(1)\tFor the purposes of sections 75A(21) and 81A(17), driving a motor vehicle by the shortest practicable route between—\n\t(b)\ta place at which the driver participates in—\n\t(i)\trecognised secondary education or training; or\n\t(ii)\trecognised tertiary education or training; or\n\t(iii)\trecognised vocational education and training,\nfor the purposes of participating in such education or training is driving the motor vehicle in prescribed circumstances.\n\t(2)\tFor the purposes of section 75B(1), driving a motor bike by the shortest practicable route between—\n\t(b)\ta place at which the driver participates in—\n\t(i)\trecognised tertiary education or training; or\n\t(ii)\trecognised vocational education and training,\nfor the purposes of participating in such education or training is driving the motor bike in prescribed circumstances.\n\t(3)\tIn this clause—\nrecognised secondary education or training means a course of education or training provided by a secondary education provider and in which participants must be enrolled (other than a course of a kind declared by the regulations to be excluded from this definition);\nrecognised tertiary education or training means a course of education or training provided by a tertiary education provider and in which participants must be enrolled (other than a course of a kind declared by the regulations to be excluded from this definition);\nrecognised vocational education and training means a course of education and training provided by a vocational education and training provider and in which participants must be enrolled (other than a course of a kind declared by the regulations to be excluded from this definition).\n4—Driving to participate in activities\n\t(1)\tFor the purposes of sections 75A(21) and 81A(17), driving a motor vehicle by the shortest practicable route between—\n\t(b)\ta place at which the driver engages in recognised activity participation,\nfor the purposes of the recognised activity participation is driving the vehicle in prescribed circumstances.\n\t(1a)\tFor the purposes of section 75B(1), driving a motor bike by the shortest practicable route between—\n\t(b)\ta place at which the driver participates in a sporting activity,\nfor the purposes of recognised sporting activity participation is driving the motor bike in prescribed circumstances.\nrecognised activity means—\n\t(a)\ta sporting, artistic, charitable, religious or scientific activity; or\n\t(b)\tan activity of a kind prescribed by the regulations for the purposes of this definition;\nrecognised activity participation means participation in a recognised activity that is provided or organised by an association, club or other organisation (other than participation of a kind declared by the regulations to be excluded from this definition);\nrecognised sporting activity participation means participation in a sporting activity that is provided or organised by an association, club or other organisation (other than participation of a kind declared by the regulations to be excluded from this definition).\n5—Driving for work purposes\n\t(1)\tFor the purposes of sections 75A(21), 75B(1) and 81A(17), driving a motor vehicle—\n\t(a)\tby the shortest practicable route between—\n\t(i)\ta place at which the driver resides (whether temporarily or permanently); and\n\t(ii)\ta place at which the driver undertakes work; or\n\t(b)\tas required in the course of undertaking work,\nis driving the vehicle in prescribed circumstances.\n\t(2)\tFor the purposes of section 81A(19), driving a motor vehicle as required in the course of undertaking work (other than work that is unpaid work experience or other work as a volunteer) is driving the vehicle in prescribed circumstances.\n\t(3)\tIn this clause—\nwork means work, in any capacity, for a person conducting a business or undertaking, or as a self‑employed person conducting a business or undertaking, and includes work as an apprentice or trainee, work in the form of unpaid work experience or work as a volunteer.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedules\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Motor Vehicles Act 1959 amended the following:\nRoad Traffic Act 1934\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Motor Vehicles Act 1959\n22.12.1959\n22.12.1959: s 2; except ss 4—147 & Schs—14.4.1960 (Gazette 14.4.1960 p1039)\n Motor Vehicles Act Amendment Act 1960\n8.9.1960\ns 6(1)—22.12.1959: s 6(2); remainder of Act (except s 4)—14.4.1960: s 3(1); s 4— 1.12.1960 (Gazette 10.11.1960 p1301)\n Motor Vehicles Act Amendment Act (No. 2) 1960\n24.11.1960\nss 1—3—24.11.1960: s 3(1); remainder of Act—1.7.1961 (Gazette 18.5.1961 p1139)\n Motor Vehicles Act Amendment Act 1961\n9.11.1961\nss 1—3, 5 & 7—9.11.1961: s 3(1); ss 6(a), 8 and 9—1.3.1962 and ss 4, 10 & 11—1.5.1962: (Gazette 1.3.1962 p430); s 6(b) will not be brought into operation as it amended a section that was subsequently substituted by 120/1978, s 14\n Motor Vehicles Act Amendment Act 1962\n25.10.1962\ns 3(1)—9.11.1961: s 3(2); remainder of Act—25.10.1962\n Motor Vehicles Act Amendment Act (No. 2) 1962\n15.11.1962\n15.11.1962\n Motor Vehicles Act Amendment Act 1963\n14.11.1963\n14.11.1963\n Statutes Amendment (Stamp Duties and Motor Vehicles) Act 1964\n9.10.1964\nss 1, 2 & 9(a)—9.10.1964: s 2(1); remainder of Act—19.10.1964 (Gazette 15.10.1964 p1203)\n Motor Vehicles Act Amendment Act 1966\n Motor Vehicles Act Amendment Act (No. 2) 1966 as amended by 2/1967\n1.1.1968 (Gazette 16.11.1967 p2199)\n Motor Vehicles Act Amendment Act (No. 3) 1966\n8.12.1966\n8.12.1966\n Motor Vehicles Act Amendment Act (No. 2) 1966, Rectification Act 1967\n23.3.1967\n1.1.1968: s 1(1) \n Motor Vehicles Act Amendment Act 1968\n19.9.1968\n19.9.1968\n Motor Vehicles Act Amendment Act (No. 2) 1968\n28.11.1968\n1.1.1969 (Gazette 5.12.1968 p2429)\n Motor Vehicles Act Amendment Act 1970\n3.9.1970\n3.9.1970\n Motor Vehicles Act Amendment Act (No. 2) 1970\n19.11.1970\n19.11.1970\n Motor Vehicles Act Amendment Act 1971\n1.4.1971\n1.4.1971\n Age of Majority (Reduction) Act 1971\n8.4.1971\n15.4.1971 (Gazette 15.4.1971 p1598)\n Motor Vehicles Act Amendment Act (No. 2) 1971\n29.4.1971\n29.4.1971\n Motor Vehicles Act Amendment Act (No. 3) 1971\n18.11.1971\n1.1.1972 (Gazette 9.12.1971 p2370)\n Motor Vehicles Act Amendment Act 1972\n27.4.1972\n27.4.1972: s 2(1) except ss 11, 13, 14 and 16—1.4.1973 (Gazette 8.3.1973 p861)\n Statutes Amendment (Miscellaneous Provisions) Act 1972\n27.4.1972\n18.5.1972 (Gazette 18.5.1972 p1926)\n Motor Vehicles Act Amendment Act (No. 2) 1972\n7.12.1972\n21.12.1972 (Gazette 21.12.1972 p2722)\n Motor Vehicles Act Amendment Act 1973\n13.12.1973\n18.2.1974 (Gazette 17.1.1974 p109)\n Motor Vehicles Act Amendment Act 1974\n30.8.1974\n1.10.1974 (Gazette 30.8.1974 p1605)\n Motor Vehicles Act Amendment Act (No. 2) 1974\n28.11.1974\n1.3.1975 (Gazette 13.2.1975 p506)\n Motor Vehicles Act Amendment Act 1975\n1.1.1976 (Gazette 11.12.1975 p3137)\n Statute Law Revision Act 1975\n Motor Vehicles Act Amendment Act 1976\n4.3.1976\n13.5.1976 except s 52—7.7.1976 (Gazette 13.5.1976 p2460)\n Motor Vehicles Act Amendment Act (No. 2) 1976\n9.12.1976\n17.1.1977 (Gazette 13.1.1977 p45)\n Motor Vehicles Act Amendment Act 1978\n14.12.1978\n18.1.1979 except s 13—19.2.1979 and except ss 40 & 45—19.3.1979 and except ss 35—39—1.4.1979 (Gazette 18.1.1979 p98) and except s 75—31.5.1979 (Gazette 31.5.1979 p1611) and except ss 4(2) & 17—repealed by 65/1989 without coming into operation\n Motor Vehicles Act Amendment Act 1980\n17.4.1980\n1.6.1980 (Gazette 22.5.1980 p1372)\n Motor Vehicles Act Amendment Act 1981\n19.3.1981\n4.6.1981 (Gazette 4.6.1981 p1641)\n Motor Vehicles Act Amendment Act (No. 2) 1981\n18.6.1981 (Gazette 18.6.1981 p1841)\n Motor Vehicles Act Amendment Act (No. 3) 1981\n Motor Vehicles Act Amendment Act (No. 4) 1981\n Motor Vehicles Act Amendment Act (No. 5) 1981\n23.12.1981\n2.9.1984 (Gazette 8.3.1984 p548)\n Motor Vehicles Act Amendment Act 1983\n Motor Vehicles Act Amendment Act (No. 2) 1983\n Motor Vehicles Act Amendment Act (No. 3) 1983\n8.12.1983\n1.2.1984 (Gazette 19.1.1984 p88)\n Motor Vehicles Act Amendment Act (No. 4) 1983\n Statute Law Revision Act 1984\n24.5.1984\nSch 3—1.1.1985 (Gazette 13.12.1984 p1811)\n Motor Vehicles Act Amendment Act 1985\n30.5.1985\n5.9.1985 (Gazette 5.9.1985 p700)\n Motor Vehicles Act Amendment Act (No. 2) 1985\n6.6.1985\n1.7.1985 (Gazette 20.6.1985 p2182)\n Motor Vehicles Act Amendment Act 1986\n Motor Vehicles Act Amendment Act (No. 2) 1986\n14.4.1960: s 2\n Motor Vehicles Act Amendment Act (No. 3) 1986\n11.12.1986 except ss 7 & 8—6.1.1987 and except ss 5 & 6—1.1.1988 (Gazette 11.12.1986 p1820)\n Motor Vehicles Act Amendment Act (No. 4) 1986\n24.12.1986\n8.2.1987 (Gazette 5.2.1987 p248)\n Motor Vehicles Act Amendment Act 1987\n Motor Vehicles Act Amendment Act (No. 2) 1987\n19.11.1987\n27.1.1988 (Gazette 21.1.1988 p116)\n Motor Vehicles Act Amendment Act (No. 3) 1987\n Motor Vehicles Act Amendment Act 1988\n5.5.1988\n8.2.1987: s 2\n Motor Vehicles Act Amendment Act 1989\n Motor Vehicles Act Amendment Act (No. 2) 1989\n20.4.1989\n4.9.1989 (Gazette 31.8.1989 p700)\n Motor Vehicles Act Amendment Act (No. 3) 1989\n4.5.1989\n30.10.1989 (Gazette 26.10.1989 p1298) except s 3—which will not be brought into operation as the amendment it made was subsequently substituted by 20/1990, s 18\n Motor Vehicles Act Amendment Act (No. 4) 1989\n14.9.1989\n13.11.1989 (Gazette 2.11.1989 p1349)\n Motor Vehicles Act Amendment Act (No. 5) 1989\n29.10.1989\n28.3.1990 (Gazette 15.3.1990 p728)\n Motor Vehicles Act Amendment Act 1990\n26.4.1990\n17.7.1990 (Gazette 5.7.1990 p198)\n Motor Vehicles Act Amendment Act (No. 2) 1990\n22.11.1990\n31.1.1991 (Gazette 24.1.1991 p232)\n Motor Vehicles Act Amendment Act (No. 3) 1990\n Road Traffic (Alcohol, Speed and Helmets) Amendment Act 1991\n28.3.1991\n1.7.1991 (Gazette 9.5.1991 p1484)\n Motor Vehicles (Historic Vehicles and Disabled Persons' Parking) Amendment Act 1991\n28.11.1991\n3.2.1992 (Gazette 23.1.1992 p200)\n Motor Vehicles (Licences and Demerit Points) Amendment Act 1992\n5.3.1992\n1.6.1992 (Gazette 28.5.1992 p1512)\n Statutes Amendment (Public Actuary) Act 1992\n19.11.1992\n10.12.1992 (Gazette 10.12.1992 p1752)\n Criminal Law (Sentencing) (Suspension of Vehicle Registration) Amendment Act 1992\n19.11.1992\ns 4—1.7.1993 (Gazette 1.7.1993 p198)\n Motor Vehicles (Confidentiality) Amendment Act 1992\n3.12.1992\n1.7.1993 (Gazette 22.4.1993 p1400)\n Motor Vehicles (Wrecked or Written Off Vehicles) Amendment Act 1993\n4.3.1993\n1.7.1993 (Gazette 6.5.1993 p1578)\n Statutes Amendment (Motor Vehicles and Wrongs) Act 1993\n4.3.1993\n3.5.1993 (Gazette 29.4.1993 p1476)\n Statutes Amendment (Attorney-General's Portfolio) Act 1993\n13.5.1993\n s 8—5.8.1993 (Gazette 29.7.1993 p682)\n Motor Vehicles (Driving Whilst Disqualified—Penalties) Amendment Act 1993\n Motor Vehicles (Learners' Permits and Probationary Licences) Amendment Act 1994\n3.11.1994\n5.12.1994 (Gazette 1.12.1994 p1869)\n Motor Vehicles (Conditional Registration) Amendment Act 1994\n8.12.1994\n2.3.1995 (Gazette 2.3.1995 p734)\n SGIC (Sale) Act 1995\n22.6.1995\nSch 4—1.5.1995: Sch 4 (cl 1(2))\n Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Act 1995\n23.11.1995\n1.7.1996 (Gazette 30.5.1996 p2637)\n Statutes Amendment (Drink Driving) Act 1995\n7.12.1995\nPts 1 & 3—4.4.1996 (Gazette 4.4.1996 p1886)\n Motor Vehicles (Miscellaneous) Amendment Act 1996\n1.7.1996 (Gazette 30.5.1996 p2637) except ss 9 & 10(a)—24.12.1997 (Gazette 18.12.1997 p1645)\n Motor Vehicles (Miscellaneous No. 2) Amendment Act 1996\n1.7.1996 (Gazette 30.5.1996 p2637, erratum Gazette 6.6.1996 p2874) except the definition of garage address (as inserted by s 3(b)), ss 7(a) & (b), 22, 40 & 41—27.3.1997 (Gazette 27.3.1997 p1342) and except s 21—15.1.1998 (Gazette 8.1.1998 p4) and except ss 3(d), 29, 31—37 & 42—2.5.1998 (Gazette 30.4.1998 p2022)\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\nSch cl 24—3.2.1997 (Gazette 19.12.1996 p1923)\n Statutes Amendment (Administrative and Disciplinary Division of District Court) Act 1996\n1.8.1996\n24.3.1997 (Gazette 20.3.1997 p1292)\n Motor Vehicles (Trade Plates) Amendment Act 1996\n15.8.1996\n7.4.1997 (Gazette 27.3.1997 p1342) except ss 3, 5—18 and Sch—17.11.1997 (Gazette 13.11.1997 p1280)\n Motor Vehicles (Demerit Points) Amendment Act 1996\n Motor Vehicles (Inspection) Amendment Act 1996\n19.12.1996\n1.7.1997 (Gazette 26.6.1997 p3051)\n Motor Vehicles (Farm Implements and Machines) Amendment Act 1997\n31.7.1997\n15.1.1998 (Gazette 8.1.1998 p4) except s 5—27.3.1997: s 2\n Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Act 1997\n18.12.1997\n1.7.1996: s 2\n Motor Vehicles (Disabled Persons' Parking Permits) Amendment Act 1998\n2.4.1998\n28.5.1998 (Gazette 21.5.1998 p2199)\n Motor Vehicles (Wrecked or Written Off Vehicles) Amendment Act 1998\n2.4.1998\n6.9.1999 (Gazette 26.8.1999 p955)\n Motor Vehicles (Cheque and Debit or Credit Card Payments) Amendment Act 1998\n Statutes Amendment (Fine Enforcement) Act 1998\nPt 8 (ss 41—43)—6.3.2000 (Gazette 18.11.1999 p2358)\n Statutes Amendment (Motor Accidents) Act 1998\n17.9.1998\nPt 2 (ss 4—12) & Pt 4 (s 14)—29.10.1998 (Gazette 17.9.1998 p902)\n Road Traffic (Road Events) Amendment Act 1998\n17.12.1998\n14.1.1999 (Gazette 14.1.1999 p378)\n Road Traffic (Road Rules) Amendment Act 1999\n5.8.1999\n1.12.1999 (Gazette 11.11.1999 p2254)\n Motor Vehicles (Miscellaneous) Amendment Act 1999\n12.8.1999\ns 92(a), (c)—6.9.1999 (Gazette 26.8.1999 p955); ss 3, 4(a), (e)—(g), (m) & (s), 9(a)—(c), (e) & (f), 11, 13, 16, 17, 24, 35, 37, 41, 48, 49, 57, 63(a), (b), 68—71, 79, 83, 84, 87(b), 89, 90(b), 92(b), 93, 94 and 97—1.12.1999 (Gazette 25.11.1999 p2434); ss 44(d), (g) and 50(f)—23.3.2000 (Gazette 16.3.2000 p1420); s 76—1.7.2000 (Gazette 29.6.2000 p3414); ss 4(d), (j), (k), (n), (p)—(r), (t), 5, 39, 40, 42, 43, 44(a)—(c), (e), (f), 45—47, 50(a)—(e), 51—56, 58, 60—62, 63(c), 64—67, 72—75, 78, 85, 86, 87(a), 90(c) & 95—17.6.2001 (Gazette 7.7.2001 p2144); ss 4(b), (c), (h), (i), (l), (o) & (u), 6—8, 9(d), 10, 12, 14, 15, 18—23, 25—34, 36, 38 59, 77, 80—82, 88, 90(a), 91 & 96—9.7.2001 (Gazette 5.7.2001 p2536)\n Motor Vehicles (Heavy Vehicles Speeding Control Scheme) Amendment Act 1999\n18.11.1999\nss 1—4—9.7.2001 (Gazette 5.7.2001 p2536)\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 26)—1.6.2000 (Gazette 18.5.2000 p2554); Sch 1 (cl 27)—17.6.2001 (Gazette 7.6.2001 p2144) same day as ss 52 & 75 of 52/1999\n Motor Vehicles (Miscellaneous) Amendment Act 2000\n6.7.2000 (Gazette 6.7.2000 p4)\n Statutes Amendment (Transport Portfolio) Act 2000\n14.12.2000\nPt 3 (ss 5—8)—1.3.2001 (Gazette 18.1.2001 p70)\n Road Traffic (Alcohol Interlock Scheme) Amendment Act 2000\n21.12.2000\nss 8 & 9—16.7.2001 (Gazette 12.7.2001 p2594)\n Statutes Amendment (Transport Portfolio) Act 2001\n17.5.2001\nss 11—14—17.6.2001 (Gazette 7.6.2001 p2145); ss 10(c) & 15—9.7.2001 (Gazette 5.7.2001 p2536); s 10(a) & (b)—uncommenced\n Statutes Amendment (Third Party Bodily Injury Insurance) Act 2002\n12.9.2002\nPt 3 (ss 15—19)—3.10.2002 (Gazette 3.10.2002 p3578)\n Statutes Amendment (Corporations—Financial Services Reform) Act 2002\n28.11.2002\nPt 9 (ss 22 & 23)—1.8.2003 (Gazette 10.7.2003 p2913)\n Statutes Amendment (Transport Portfolio) Act 2002\n28.11.2002\nPt 4 (ss 10—15)—3.7.2003 (Gazette 3.7.2003 p2877)\n Statutes Amendment (Road Safety Reforms) Act 2003\n12.6.2003\nPt 3 (ss 8—20)—15.12.2003 (Gazette 11.12.2003 p4431)\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Motor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Act 2004\n Law Reform (Ipp Recommendations) Act 2004\n8.4.2004\nPt 4 (ss 77—80)—1.5.2004 (Gazette 29.4.2004 p1172)\n Motor Vehicles (Fees) Amendment Act 2004\n Statutes Amendment (Drink Driving) Act 2005\n14.4.2005\nPt 2 (ss 4 & 5) and Sch 1—1.12.2005 (Gazette 10.11.2005 p3927)\n Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005\n21.4.2005\nPt 2 (ss 4—8, 9(1) & (3), new s 79A(1) & (2) (as inserted by s 10), 11—17) and Sch 1 (cll 3—5)—31.10.2005 (Gazette 13.10.2005 p3698); s 9(2) and new s 79A(3) & (4) (as inserted by s 10)—31.10.2006 (Gazette 19.10.2006 p3746)\n Statutes Amendment (Transport Portfolio) Act 2005\n27.10.2005\nPt 3 (ss 5 & 6) and Sch 1—17.11.2005 (Gazette 17.11.2005 p3973)\n Road Traffic (Drug Driving) Amendment Act 2005\n8.12.2005\nSch 1 (cll 3—7)—1.7.2006 (Gazette 8.6.2006 p1600)\n Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006\n29.6.2006\nPt 4 (ss 46—66)—30.4.2007 (Gazette 26.4.2007 p1353)\n Motor Vehicles (National Transport Commission) Amendment Act 2007\nPt 2 (ss 4—7)—5.6.2008 (Gazette 5.6.2008 p1870)\n Motor Vehicles (Third Party Insurance) Amendment Act 2007\n Motor Vehicles (Miscellaneous) Amendment Act 2007\n29.11.2007\n23.6.2008 (Gazette 19.6.2008 p2381)\n Statutes Amendment (Transport Portfolio) Act 2008\n26.6.2008\nPt 3 (ss 6, 7 & 14)—25.9.2008 (Gazette 18.9.2008 p4504); ss 9—13, 15—17, 19 & 21—31.1.2009 (Gazette 15.1.2009 p307); ss 5, 8 & 18—1.6.2009 (Gazette 30.4.2009 p1543); s 20—15.5.2010 (Gazette 6.5.2010 p1724)\n Statutes Amendment (Transport Portfolio—Alcohol and Drugs) Act 2009\n12.3.2009\nPt 3 (ss 12—15, 19—21, 22(1), (2), 24 & 26)—1.5.2009 (Gazette 9.4.2009 p1349); ss 16—18, 22(3), 23 & 25—1.2.2010 (Gazette 10.12.2009 p6169)\n Motor Vehicles (Miscellaneous) Amendment Act 2009\n11.6.2009\n1.7.2009 (Gazette 25.6.2009 p2999)\n Motor Vehicles (Miscellaneous No 2) Amendment Act 2009\n10.12.2009\nPt 2 (ss 4—28) & Sch 1 (cll 2—7)—4.9.2010 (Gazette 24.6.2010 p3155)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 94 (ss 217—219)—1.2.2010 (Gazette 28.1.2010 p320)\n Motor Vehicles (Miscellaneous) Amendment Act 2010\n23.9.2010\n9.12.2010 (Gazette 9.12.2010 p5579)\n Statutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 5 (ss 18—39)—1.7.2011 (Gazette 29.4.2011 p1289)\n Statutes Amendment (Transport Portfolio—Penalties) Act 2011\n12.5.2011\nPt 3 (ss 8—29)—30.6.2011 (Gazette 19.5.2011 p1508)\n Motor Vehicles (Third Party Insurance) Amendment Act 2011\n10.7.2011 (Gazette 7.7.2011 p2997)\n Business Names Registration (Transitional Arrangements) Act 2012\n22.3.2012\nSch 1 (cl 6)—28.5.2012 (Gazette 19.4.2012 p1467)\n Motor Vehicles (Disqualification) Amendment Act 2012\n22.11.2012\n31.1.2013 (Gazette 17.1.2013 p76)\n Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013\n23.5.2013\nSch 2 (cll 11—19, 22 & 23)—1.7.2013 (Gazette 20.6.2013 p2629)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 37 (s 70)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Fines Enforcement and Recovery) Act 2013\n1.8.2013\nPt 9 (ss 39—46)—3.2.2014 (Gazette 30.1.2014 p422)\n Statutes Amendment (Heavy Vehicle National Law) Act 2013\n1.8.2013\nPt 2 (ss 4—7)—10.2.2014 (Gazette 6.2.2014 p551)\n Motor Vehicles (Periodic Payments) Amendment Act 2013\n19.9.2013\nPt 2 (ss 4 & 5)—21.11.2013 (Gazette 21.11.2013 p4277)\n Statutes Amendment (Transport Portfolio) Act 2013\nPt 2 (ss 4, 5, 10—13)—16.1.2014; ss 6—9 & 14—31.3.2014 (Gazette 16.1.2014 p123)\n Motor Vehicles (Learner's Permits and Provisional Licences) Amendment Act 2013\n28.7.2014 (Gazette 16.1.2014 p122)\n Motor Vehicles (Driver Licensing) Amendment Act 2013\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 23 (ss 124—128)—1.7.2015 (Gazette 25.6.2015 p3076)\n Statutes Amendment and Repeal (Budget 2015) Act 2015\nPt 5 (s 12)—26.11.2015: s 2(1)\n Motor Vehicles (Trials of Automotive Technologies) Amendment Act 2016\n31.3.2016\n9.6.2016 (Gazette 9.6.2016 p2056)\n Compulsory Third Party Insurance Regulation Act 2016\n21.4.2016\nSch 1 (cll 10(1), 11(3), 12(2)—(6), (8), (9), 15 & 18—12.5.2016; cll 10(2), (3), 11(1), (2), (4), 12(1), (7), 13, 14, 16, 17, 19—23)—1.7.2016 (Gazette 12.5.2016 p1445)\n Local Nuisance and Litter Control Act 2016\n26.5.2016\nSch 2 (cl 6)—1.2.2017 (Gazette 21.7.2016 p2988)\n Statutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 19 (ss 76(2) & 83)—1.9.2017 immediately after the commencement of 9/2017 (Gazette 29.8.2017 p3795); ss 76(1), 77—82, 84—90)—1.11.2017 (Gazette 22.6.2017 p2224)\n Statutes Amendment (Heavy Vehicle Registration Fees) Act 2017\nPt 3 (s 4)—15.8.2017\n Statutes Amendment (Transport Online Transactions and Other Matters) Act 2017\n10.10.2017\nPt 4 (ss 6 to 22, 24, 25, 27 to 32, 33(3))—19.12.2017; ss 23, 26, 33(1), (2), Sch 1 (Pt 4)—20.3.2018 (Gazette 19.12.2017 p5122) (Amendments to ss 9(1a) and (1c), 48(1), 53(1) and 102(1a) and (1c) purportedly made by Sch 1 Pt 4 are of no effect because of other amendments.)\n Environment Protection (Waste Reform) Amendment Act 2017\n14.11.2017\nSch 1 (cl 2)—28.11.2017 (Gazette 28.11.2017 p4752)\n Statutes Amendment (Vehicle Inspections and South Eastern Freeway Offences) Act 2017\nPt 2 (ss 7, 8 &10)—1.5.2019 (Gazette 21.3.2019 p928); ss 4 to 6 & 9—21.11.2019 (Gazette 21.11.2019 p3928)\n Statutes Amendment (Drink and Drug Driving) Act 2017\n12.12.2017\nPt 3 (s 11(2))—8.3.2018; ss 8 to 10 & 11(1)—24.4.2018 (Gazette 13.2.2018 p732)\n Fines Enforcement and Debt Recovery Act 2017\n12.12.2017\nSch 1 (cll 27 to 31)—30.4.2018 (Gazette 6.2.2018 p609)\n Motor Vehicles (Compulsory Third Party Insurance) Amendment Act 2019\n9.5.2019\n14.6.2019 except ss 5 to 7—1.7.2019 (Gazette 6.6.2019 p1754)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 19 (ss 120 to 128)—4.5.2020 (Gazette 27.2.2020 p442)\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 31 (ss 59, 60, 63 & 65)—3.10.2019: s 2(1); ss 61, 62, 64 & 66—6.4.2020 (Gazette 2.4.2020 p631)\n Statutes Amendment (South Eastern Freeway Offences) Act 2019\nPt 2 (s 3) & Sch 1—6.12.2019\n Statutes Amendment (Licence Disqualification) Act 2020\n9.7.2020\nPt 2 (s 4)—30.11.2020 (Gazette 26.11.2020 p5372)\n Motor Vehicles (Motor Bike Driver Licensing) Amendment Act 2021\n11.3.2021\n7.10.2021 except ss 4 to 8 & ss 10 to 13—22.11.2021 (Gazette 7.10.2021 p3685)\n Statutes Amendment (Transport Portfolio) Act 2021\n20.5.2021\nPt 6 (ss 19, 23 to 29 & 33 to 35)—1.9.2022 (Gazette 18.8.2022 p2563); ss 20 to 22 & 30 to 32—11.5.2023 (Gazette 11.5.2023 p929)\n Motor Vehicles (Electric Vehicle Levy) Amendment Act 2021\n4.11.2021\nSch 2 (cl 1)—4.11.2021: s 2(1); Pt 2 (ss 4 to 11)—Act repealed by Motor Vehicles (Electric Vehicle Levy) Amendment Repeal Act 2023 on 23.2.2023 before Pt 2 came into operation\n Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Act 2021\n9.12.2021\nSch 1 (cll 1 to 6)—13.2.2023 (Gazette 3.11.2022 p6549)\n Statutes Amendment (Use of Devices in Vehicles) Act 2022\n8.12.2022\nPt 2 (ss 3 & 4)—19.6.2024 (Gazette 6.6.2024 p1333)\n Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023\n13.7.2023\nPt 4 (s 11)—1.1.2024 (Gazette 25.10.2023 p3602)\n Statutes Amendment (Transport Portfolio) Act 2024\n24.10.2024\nPt 4 (ss 12 to 14)—24.4.2025 (Gazette 24.4.2025 p774)\n Motor Vehicles (Previous Offences) Amendment Act 2024\nPt 2 (ss 3 to 8) & Sch 1 (cll 3 & 4)—7.11.2024: s 2\n Statutes Amendment (Personal Mobility Devices) Act 2024\n21.11.2024\nPt 2 (s 3)—19.6.2024: s 2(2); Pt 3 (ss 4 & 5)—13.7.2025 (Gazette 26.6.2025 p2059)\n Motor Vehicles (Motor Driving Instructors and Authorised Examiners) Amendment Act 2024\n5.12.2024\nuncommenced\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025\nPt 8 (ss 13 to 17)—12.3.2025: s 2(1)\n Motor Vehicles (Disability Parking Permit Scheme) Amendment Act 2025\n22.5.2025\n24.11.2025 (Gazette 20.11.2025 p4496)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 435.\n\t•\tCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 1 January 1985 and as at 18 December 1989. Schedules of these alterations were laid before Parliament on 12 February 1985 and 8 February 1990 respectively.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\n\ninserted by 52/1999 s 3\ns 3\ns 4\namended by 14/1976 s 3 \n\namended by 120/1978 s 3\n\ndeleted in pursuance of the Acts Republication Act 1967\ns 5\n\ns 5(1)\n\naccident\naccident towing direction\n\naccident towing roster scheme\nagriculture\ninserted by 51/1997 s 3(a)\nagricultural\ninserted by 51/1997 s 3(a)\nagricultural implement\ninserted by 52/1999 s 4(a)\nagricultural machine\ninserted by 52/1999 s 4(a)\nalcohol interlock\ninserted by 8/2009 s 12(1)\nalcohol interlock scheme conditions\ninserted by 8/2003 s 8(a)\n\nsubstituted by 8/2009 s 12(1)\napproved alcohol interlock provider \ninserted by 8/2009 s 12(1)\narticulated motor vehicle\ndeleted by 65/1989 s 3(a)\nauthorised agent\ninserted by 51/1990 s 3(a)\n\ndeleted by 52/1999 s 4(b)\nauthorised examiner\ninserted by 14/1976 s 4(a)\n\namended by 56/2024 s 3(2)\n\n(c) deleted by 56/2024 s 3(2)\nauthorised officer\ninserted by 13/2006 s 46(1)\n\nsubstituted by 35/2013 s 4(1)\n\nsubstituted by 56/2024 s 3(3)\nauthority to tow\ninserted by 98/1981 s 3(b)\n\namended by 56/2024 s 3(1)\nthe balance of the prescribed registration fee\ninserted by 14/1976 s 4(a) \n\namended by 120/1978 s 4(1)(a)\n\namended by 30/1996 s 3(a)\nbusiness name\n\ndeleted by 52/1999 s 4(c)\ncategory 1 offence \ncategory 2 offence \n\namended by 63/2017 s 8(1)\ncategory 3 offence \n\namended by 63/2017 s 8(2)\ncommercial motor vehicle\nsubstituted by 65/1989 s 3(b)\nthe committee\ninserted by 98/1981 s 3(c)\n\ndeleted by 52/1999 s 4(d)\nthe Commonwealth Road Transport Charges Act\ninserted by 77/1995 s 3(a)\n\namended by 52/1999 s 4(e)\n\ndeleted by 14/2007 s 4(1)\nconfiguration\ninserted by 77/1995 s 3(a)\n\nsubstituted by 14/2007 s 4(1)\nCPI\ninserted by 54/2004 s 3(1)\nCTP Regulator or Regulator\ninserted by 16/2016 Sch 1 cl 10(1)\ndeclared area\ninserted by 98/1981 s 3(d)\n\nsubstituted by 13/1998 s 10 (Sch)\n\nsubstituted by 8/2009 s 12(3)\nDistrict Court\ninserted by 52/1999 s 4(f)\n\ndeleted by 14/2019 s 120(1)\ndrink driving offence \ninserted by 8/2009 s 12(4)\ndrug driving offence \ninserted by 8/2009 s 12(4)\nfarm implement\ninserted by 30/1996 s 3(b) \n\nsubstituted by 51/ 1997 s 3(b)\n\ndeleted by 52/1999 s 4(g)\nfarm machine\ninserted by 51/1997 s 3(b)\n\ndeleted by 52/1999 s 4(g)\nforeign licence\ninserted by 52/1999 s 4(g)\n\nsubstituted by 59/2007 s 4(1)\ngarage address\ninserted by 30/1996 s 3(b)\n\nsubstituted by 35/2013 s 4(2)\ngross combination mass or GCM\ninserted by 52/1999 s 4(h)\ngross vehicle mass or GVM\ninserted by 52/1999 s 4(h)\nhealth professional\ninserted by 6/2004 s 3\nheavy vehicle\ninserted by 77/1995 s 3(b)\n\nsubstituted by 52/1999 s 4(i)\n\nsubstituted by 35/2013 s 4(3)\nHeavy Vehicle National Law (South Australia)\ninserted by 35/2013 s 4(3)\nHeavy Vehicle National Regulations (South Australia)\ninserted by 35/2013 s 4(3)\nhigh powered vehicle\ninserted by 71/2009 s 4(1)\ninspector\ndeleted by 13/2006 s 46(2)\ninsurance premium or premium\ninserted by 16/2016 Sch 1 cl 10(2)\ninterstate learner's permit\ninserted by 71/2009 s 4(2)\ninterstate licence\ninserted by 11/1989 s 2\n\nsubstituted by 71/2009 s 4(2)\ninterstate non-provisional licence\ninserted by 10/2005 s 4(1)\ninterstate provisional licence\ninserted by 10/2005 s 4(1)\nlearner's permit\ninserted by 59/2007 s 4(2)\nlearner's permit conditions\ninserted by 52/1999 s 4(j)\n\nsubstituted by 10/2005 s 4(2)\n\nsubstituted by 71/2009 s 4(3)\nlicence\nsubstituted by 59/2007 s 4(3)\nLSS Fund levy\ninserted by 15/2013 Sch 2 cl 11\nmandatory alcohol interlock scheme conditions\ninserted by 8/2009 s 12(5)\nMinister\ndeleted by 120/1978 s 4(1)(b)\nmass\ninserted by 79/1976 s 3\n\ndeleted by 120/1978 s 4(1)(f)\n\ninserted by 120/1978 s 4(1)(b)\n\nmobile crane\namended by 14/1976 s 4(b)\n\nmobile fork lift\nmotor bike\ninserted by 52/1999 s 4(k)\nmotor car\namended by 120/1978 s 4(1)(c)\n\nmotor cycle\nmotor omnibus\namended by 120/1978 s 4(1)(d)\n\nmotor vehicle\nsubstituted by 52/1999 s 4(k)\n\namended by 51/2024 s 3\n\namended by 51/2024 s 4\nnominated vehicle\ninserted by 8/2009 s 12(6)\nnon-provisional licence\ninserted by 10/2005 s 4(3)\nnumber\nsubstituted by 61/1985 s 3\noperator\ninserted by 52/1999 s 4(l)\ninserted by 8/2009 s 12(7)\nP1 licence\ninserted by 10/2005 s 4(4)\n\namended by 71/2009 s 4(4)\n\nsubstituted by 70/2013 s 4(1)\nP1 licence conditions\ninserted by 71/2009 s 4(5)\n\ndeleted by 70/2013 s 4(1)\nP2 licence\ninserted by 10/2005 s 4(4)\n\namended by 71/2009 s 4(6)\n\nsubstituted by 70/2013 s 4(1)\nP2 licence conditions\ninserted by 71/2009 s 4(7)\n\ndeleted by 70/2013 s 4(1)\nphotograph\ninserted by 37/2002 s 10\n\namended by 8/2003 s 8(b)\nphotographic detection device\ninserted by 8/2003 s 8(c)\npractical driving test\ninserted by 10/2005 s 4(5)\npremises\ninserted by 98/1981 s 3(e)\npremium or insurance premium\nsubstituted by 49/1981 s 2\n\namended by 67/1998 s 4\n\ndeleted by 16/2016 Sch 1 cl 10(3)\nprescribed conditions\ninserted by 10/2005 s 4(6)\n\nsubstituted by 8/2009 s 12(8)\nprescribed drink driving offence \ninserted by 63/2017 s 8(3)\ninserted by 8/2009 s 12(8)\nprescribed registration fee\ninserted by 14/1976 s 4(c) \n\nsubstituted by 77/1995 s 3(c)\n\nsubstituted by 30/1996 s 3(c)\n\nsubstituted by 77/1997 s 3\n\namended by 52/1999 s 4(m)\n\nsubstituted by 14/2007 s 4(2)\nprimary producer\namended by 51/1997 s 3(c)\nprime mover\ninserted by 65/1989 s 3(c)\n\nsubstituted by 52/1999 s 4(n)\n\namended by 35/2013 s 4(4)\nprobationary conditions\ninserted by 15/1989 s 3\n\ndeleted by 30/1996 s 3(d)\nprobationary licence\ninserted by 15/1989 s 3 \n\ndeleted by 30/1996 s 3(d)\n\ninserted by 52/1999 s 4(n)\nprobationary licence conditions\ninserted by 52/1999 s 4(n)\n\nsubstituted by 10/2005 s 4(7)\nprovisional licence\ninserted by 30/1996 s 3(d)\nprovisional licence conditions\ninserted by 30/1996 s 3(d)\n\nsubstituted by 10/2005 s 4(8)\n\nsubstituted by 71/2009 s 4(8)\n\nsubstituted by 70/2013 s 4(2)\nqualified supervising driver\ninserted by 10/2005 s 4(8)\nquarter\ninserted by 77/1995 s 3(d)\nquotation for repair\ninserted by 98/1981 s 3(f)\nreduced registration fee\ninserted by 14/1976 s 4(d)\n\nsubstituted by 30/1996 s 3(e)\nregistered operator\ninserted by 52/1999 s 4(o)\nregistered owner\nsubstituted by 52/1999 s 4(o)\nregistered premises\ninserted by 98/1981 s 3(g)\nthe Registrar\namended by 120/1978 s 4(1)(e)\nregistration\ninserted by 20/1990 s 3\nreview committee\ninserted by 52/1999 s 4(p)\n\ndeleted by 8/2015 s 124\nroad\nsubstituted by 52/1999 s 4(p)\nroad-related area\ninserted by 52/1999 s 4(p)\nscene of an accident\ninserted by 98/1981 s 3(h)\nsemi-trailer\ninserted by 52/1999 s 4(q)\n\nsubstituted by 35/2013 s 4(5)\nseries of photographs\ninserted by 24/2022 s 3\nserious drink driving offence\ninserted by 8/2009 s 12(9)\ntemporary towtruck certificate\ninserted by 98/1981 s 3(i)\ntow\ntowtruck\nsubstituted by 14/1976 s 4(e)\n\nsubstituted by 98/1981 s 3(j)\ntowtruck certificate\ninserted by 14/1976 s 4(e)\n\nsubstituted by 98/1981 s 3(j)\ntowtruck driver\ntowtruck operator\ntractor\ndeleted by 14/1976 s 4(f)\ntrailer\namended by 65/1989 s 3(d)\n\nsubstituted by 52/1999 s 4(r)\nTribunal\ninserted by 14/2019 s 120(2)\nthe Tribunal\ninserted by 98/1981 s 3(k)\n\ndeleted by 53/1996 s 4\nultra high powered vehicle\ninserted by 9/2025 s 13\nunconditional licence\ninserted by 10/2005 s 4(9)\n\namended by 8/2009 s 12(10)\nvehicle\ninserted by 52/1999 s 4(r)\nvoluntary alcohol interlock scheme conditions\ninserted by 8/2009 s 12(11)\n\ndeleted by 7/2017 s 76(1)\nweight\nsubstituted by 14/1976 s 4(g)\n\ndeleted by 79/1976 s 3\ns 5(1a)\ninserted by 52/1999 s 4(s)\ns 5(2)\nsubstituted by 120/1978 s 4(1)(g)\ns 5(2a) and (2b)\ninserted by 52/1999 s 4(t)\ns 5(3)\nsubstituted by 52/1999 s 4(t)\ns 5(3a)\ninserted by 120/1978 s 4(1)(h)\ns 5(3b)\ninserted by 8/2009 s 12(12)\ns 5(5)\ninserted by 51/1990 s 3(b)\n\ndeleted by 52/1999 s 4(u)\n\ns 5(6)\ninserted by 34/1996 s 4 (Sch cl 24)\n\ndeleted by 31/2013 s 39\n\ns 5(6a)\ns 5(7)\ninserted by 54/2004 s 3(2)\ns 5(8)\ninserted by 17/2021 s 19\ns 6\ninserted by 52/1999 s 5\ns 6A\ninserted by 38/2017 s 6\nPt 2\n\nPt 2 Div 1\n\nheading preceding s 7\ns 7\n\ns 7(1)\namended by 52/1999 s 6(a)\n\namended by 53/2005 s 5(1)\ns 7(2)\namended by 52/1999 s 6(b), (c)\ns 7(2a)\ninserted by 53/2005 s 5(2)\n\ndeleted by 13/2006 s 47\ns 7(2a)\ndeleted by 120/1978 s 5\ns 7(3)\ndeleted by 120/1978 s 5\n\ndeleted by 13/2006 s 47\ns 7(4)\n\ns 7(5)\n\ns 7(6) and (7)\ninserted by 52/1999 s 6(d)\ns 8\n\ns 8(3)\ninserted by 5/2019 s 4\ns 9\namended by 120/1978 s 6 \n\namended by 73/1992 s 4(a)\n\nsubstituted by 52/1999 s 7\ns 9(1)\namended by 26/2008 s 5(1)\n\namended by 31/2013 s 40(1)\ns 9(1a)\n\nsubstituted by 7/2017 s 77(1)\n\nThe amendment to s 9(1a) purportedly made by Sch 1 Pt 4 of 38/2017 is of no effect because of other amendments.\n\ns 9(1b)\ns 9(1c)\n\nsubstituted by 7/2017 s 77(2)\n\nThe amendment to s 9(1c) purportedly made by Sch 1 Pt 4 of 38/2017 is of no effect because of other amendments.\n\ns 9(2)\namended by 22/2010 s 18(2)\n\ndeleted by 7/2017 s 77(2)\ns 9(3)\namended by 26/2008 s 5(2)\n\namended by 22/2010 s 18(3)\n\namended by 31/2013 s 40(2)\ns 9(4a)\ninserted by 22/2010 s 18(4)\ns 9(5)\namended by 22/2010 s 18(5)\ns 9(6a)\ninserted by 22/2010 s 18(6)\ns 9(6b)\ninserted by 22/2010 s 18(6)\n\ns 9(7)\n\namended by 22/2010 s 18(7)\nPt 2 Div 2\n\nheading preceding s 10\ns 10\namended by 65/1996 s 3\ns 10A\ninserted by 65/1996 s 4\n7.4.1997\ns 11\nsubstituted by 30/1996 s 4\n\ndeleted by 52/1999 s 8 \ns 12\namended by 77/1995 s 4\n\nsubstituted by 30/1996 s 4\ns 12(1)\namended by 51/1997 s 4(a), (b)\n\namended by 52/1999 s 9(a)\ns 12(2)\namended by 51/1997 s 4(c)\n\namended by 52/1999 s 9(a), (b)\ns 12(2a) and (2b)\ninserted by 51/1997 s 4(d)\n\namended by 52/1999 s 9(a), (c)\ns 12(2c)\ninserted by 52/1999 s 9(d)\n\namended by 13/2011 s 8\ns 12(3)\namended by 51/1997 s 4(e)\n\namended by 52/1999 s 9(a)\ns 12(4)\ninserted by 51/1997 s 4(f)\nprescribed agricultural machine\namended by 52/1999 s 9(e), (f)\ns 12A\namended by 120/1978 s 7\n\nsubstituted by 52/1999 s 10\ns 12B\ninserted by 52/1999 s 10\ns 12B(3)\n\namended by 13/2011 s 9\ns 13\ndeleted by 30/1996 s 5\nss 14 and 15\ndeleted by 120/1978 s 8\ns 16\namended by 120/1978 s 9\n\namended by 4/1986 s 2\n\nsubstituted by 20/1990 s 4\ns 16(1)\namended by 38/2017 s 7(1)\ns 16(2)\namended by 30/1996 s 6(a)\n\nsubstituted by 38/2017 s 7(2)\n\namended by 8/2021 s 4(1)\ns 16(7)\nsubstituted by 22/2010 s 19\n\nsubstituted by 7/2017 s 78\ns 16(9)\n\namended by 13/2011 s 10(1)\ns 16(10)\namended by 38/2017 s 7(3)\ns 16(11)\n\namended by 13/2011 s 10(2)\ns 16(13)\n\namended by 8/2021 s 4(2)\ns 16(14)\namended by 30/1996 s 6(b)\n\namended by 38/2017 s 7(4)\ns 17\namended by 14/1976 s 5 \n\nss 17A and 18\ns 19\namended by 14/1976 s 6 \n\ns 19A\namended by 120/1978 s 11\n\nsubstituted by 52/1999 s 11\nPt 2 Div 3\n\nheading preceding s 20\ns 20\n\ns 20(1)\namended by 77/1995 s 5(a) \n\namended by 30/1996 s 7(a), (b)\n\namended by 51/1997 s 5\n\nsubstituted by 52/1999 s 12(a)\n\nsubstituted by 38/2017 s 8\n\namended by 54/2017 s 4\ns 20(1a)\ninserted by 52/1999 s 12(a)\ns 20(2)\namended by 14/1976 s 7\n\namended by 76/1994 s 3\n\namended by 77/1995 s 5(b)\n\namended by 30/1996 s 7(c)\n\namended by 15/2013 Sch 2 cl 12\ns 20(2a)\ninserted by 120/1978 s 12(a)\n\namended by 20/1990 s 5\n\namended by 52/1999 s 12(b)\ns 20(3)\nsubstituted by 52/1999 s 12(c)\ns 20(4)\namended by 120/1978 s 12(b)\ns 21\ninserted by 20/1990 s 6\n\namended by 76/1994 s 4\n\namended by 30/1996 s 8\n\namended by 52/1999 s 13\n\namended by 38/2017 s 9\ns 22\namended by 4/1993 s 3\ns 23A\ninserted by 99/1996 s 3\ns 23A(2)\ns 24\n\ns 24(1)\namended by 120/1978 s 13\n19.2.1979\n\namended by 61/1985 s 4(a)\n\nsubstituted by 77/1995 s 6(a)\n\namended by 30/1996 s 9(a)\n\namended by 22/2010 s 20\n\namended by 15/2013 Sch 2 cl 13\ns 24(1a)\ndeleted by 61/1985 s 4(b)\n\namended by 77/1995 s 6(b)\n\ns 24(1b)\n\nsubstituted by 77/1995 s 6(c)\n\nsubstituted by 30/1996 s 9(b)\n\ns 24(1c)\ns 24(2)\nsubstituted by 82/1990 s 2\n\nsubstituted by 4/1993 s 4\n\namended by 99/1996 s 4(a)\n\namended by 52/1999 s 14(b)\n\namended by 17/2001 s 10(a)\n\namended by 64/2013 s 4(1)\ns 24(3)\nsubstituted by 4/1993 s 4\n\namended by 99/1996 s 4(b)\n\nsubstituted by 52/1999 s 14(c)\n\namended by 17/2001 s 10(c)\n\namended by 17/2001 s 10(b)\n\namended by 64/2013 s 4(2)\ns 24(4)\ndeleted by 4/1993 s 4\n\ninserted by 54/2017 s 5\ns 24(5)\nsubstituted by 81/1987 s 2 \n\ndeleted by 4/1993 s 4\n\ninserted by 17/2021 s 20\nPt 2 Div 3A\ninserted by 40/2013 s 4\ns 24A\n\ns 24A(2)\ns 24A(7)\namended by 38/2017 s 10\n\nPt 2 Div 4\n\nheading preceding s 25\ninserted by 76/1994 s 5\n\ns 25\ninserted by 76/1994 s 5\ns 25(1)\nsubstituted by 77/1995 s 7\n\nsubstituted by 30/1996 s 10(a)\ns 25(2)\namended by 52/1999 s 15(a), (b)\n\n(c) deleted by 30/1996 s 10(b)\ns 25(3)\ndeleted by 30/1996 s 10(c)\n\ninserted by 52/1999 s 15(c)\nPt 2 Div 5\n\nheading preceding s 26\ns 26\nsubstituted by 120/1978 s 14\n\namended by 94/1986 s 4\n\namended by 29/1996 s 3\n\nsubstituted by 52/1999 s 16\nPt 2 Div 6\n\nheading preceding s 27\ns 27\nsubstituted by 14/1976 s 8\ns 28\ndeleted by 14/1976 s 8\n\ninserted by 28/2017 s 4\ns 28(3)\n\nregulatory component\ninserted by 46/2024 s 12\nroad use component\nsubstituted by 46/2024 s 12\nss 29 and 30\ndeleted by 14/1976 s 8\ns 31\n\ns 31(1)\ns 31 amended and redesignated as s 31(1) by 14/1976 s 9\n\namended by 120/1978 s 15(b)\n\n(a)—(g) deleted by 30/1996 s 11\n\n(h) deleted by 120/1978 s 15(a)\n\n(i), (k), (m) and (n) deleted by 30/1996 s 11\n\n(o) deleted by 120/1978 s 15(c)\n\n(p) deleted by 30/1996 s 11\n\ns 31(2)\ninserted by 14/1976 s 9(b)\ns 31(3)\ninserted by 77/1995 s 8\ns 32\namended by 76/1994 s 6\n\namended by 77/1995 s 9\n\namended by 30 1996, s 12\n\ndeleted by 52/1999 s 17\ns 33\namended by 14/1976 s 10\n\namended by 120/1978 s 16\n\ndeleted by 94/1986 s 5\ns 33A\namended by 79/1976 s 4\n\ndeleted by 65/1989 s 4\ns 34\n\ns 34(1)\namended by 14/1976 s 11\n\namended by 120/1978 s 18\n\namended by 77/1995 s 10\n\namended by 30/1996 s 13\ns 34A\ninserted by 77/1995 s 11\n\ns 35\namended by 14/1976 s 12\n\namended by 120/1978 s 19\n\ns 36\namended by 14/1976 s 13\n\ns 37\n\ns 37(1)\namended by 12/1987 s 2\ns 37(2)\namended by 14/1976 s 14\n\namended by 77/1995 s 12\n\namended by 30/1996 s 15\ns 37A\ninserted by 30/1996 s 16\ns 38\n\ns 38(1)\namended by 14/1976 s 15(a)\n\namended by 79/1976 s 5\n\namended by 76/2000 s 5\ns 38(3)\namended by 14/1976 s 15(b)\ns 38A\n\ns 38A(1)\namended by 14/1976 s 16(a) \n\namended by 79/1976 s 6\n\namended by 120/1978 s 20\n\namended by 26/2008 s 6\n\namended by 84/2009 s 217\n\namended by 25/2019 s 59\ns 38A(3)\namended by 14/1976 s 16(b)\ns 38AB\n\ns 38AB(1)\namended by 14/1976 s 17(a)\n\namended by 79/1976 s 7\n\namended by 120/1978 s 21\n\namended by 26/2008 s 7\n\namended by 84/2009 s 218\n\namended by 25/2019 s 60\ns 38AB(3)\namended by 14/1976 s 17(b)\ns 38B\n\ns 38B(1)\namended by 14/1976 s 18(a)\n\namended by 79/1976 s 8\n\nsubstituted by 41/2015 s 12\n\ns 38B(3)\namended by 14/1976 s 18(b)\ns 39\ndeleted by 14/1976 s 19\n\ninserted by 54/1991 s 3\n3.2.1992\n\ndeleted by 30/1996 s 17\ns 40\ns 40(1) substituted by 14/1976 s 20\n\ns 40(1) redesignated as s 40 in pursuance of the Acts Republication Act 1967\n\namended by 52/1999 s 18\ns 40(2)\ns 40A\namended by 14/1976 s 21\ns 41\n\ns 41(1)\n\nmotor vehicle of restricted registration\namended by 14/1976 s 22(a), (b)\n\namended by 90/1983 s 3(a)\n\namended by 94/1986 s 6(a), (b)\n\nparagraph (c) deleted by 94/1986 s 6(b)\ns 41(2)\namended by 14/1976 s 22(c)\n\namended by 120/1978 s 22\n\namended by 90/1983 s 3(b)\n\namended by 94/1986 s 6(c)\n\ns 41(2a)\ninserted by 30/1996 s 18(a)\n\ns 41(3)\ninserted by 90/1983 s 3(c)\n\namended by 94/1986 s 6(d)\n\namended by 30/1996 s 18(b)\ns 41(4) and (5)\ninserted by 90/1983 s 3(c)\ns 42\namended by 14/1976 s 23\n\nsubstituted by 20/1990 s 7\ns 43\n\ns 43(1)\namended by 52/1999 s 19(a)\n\namended by 38/2017 s 11(1)\ns 43(3)\namended by 52/1999 s 19(b)\n\nsubstituted by 38/2017 s 11(2)\ns 43(5) and (5a)\ndeleted by 120/1978 s 23(a)\ns 43(6)\ndeleted by 30/1996 s 19\ns 43(7)\namended by 120/1978 s 23(b)\n\ndeleted by 30/1996 s 19\ns 43A\ninserted by 77/1995 s 13\ns 43A(3)\n\namended by 26/2008 s 8\ns 43A(4)\namended by 52/1999 s 20(a)\ns 43A(7)\nsubstituted by 30/1996 s 20\n\namended by 13/2006 ss 65(1), (3), 66\n\namended by 13/2011 s 11\n\namended by 56/2024 s 4(1), (2)\ns 43A(13)\namended by 52/1999 s 20(b)\ns 43A(16)\n\ncurrent configuration\namended by 14/2007 s 5\nPt 2 Div 7\n\nheading preceding s 44\ninserted by 4/1993 s 5\n\ns 44\n\ns 44(1)\nsubstituted by 14/1998 s 3(a)\n\nsubstituted by 52/1999 s 21(a)\ns 44(1a)\ninserted by 14/1998 s 3(a)\ns 44(2)\namended by 14/1976 s 24(a)\n\namended by 79/1976 s 9\n\namended by 120/1978 s 24(a)\n\ndeleted by 52/1999 s 21(b)\ns 44(3)\namended by 14/1976 s 24(b)\n\namended by 120/1978 s 24(b), (c)\n\nsubstituted by 4/1993 s 6(a)\n\namended by 52/1999 s 21(c)\ns 44(3a)\ninserted by 4/1993 s 6(a)\ns 44(3b)\ninserted by 77/1995 s 14\ns 44(4)\namended by 120/1978 s 24(d)\n\nsubstituted by 14/1998 s 3(b)\n\nsubstituted by 52/1999 s 21(d)\ns 44(4a)\ninserted by 52/1999 s 21(d)\ns 44(6)\ninserted by 4/1993 s 6(b)\ns 45\namended by 52/1999 s 22\nPt 2 Div 8\n\nheading preceding s 46\n\ns 46\namended by 14/1976 s 25\n\namended by 120/1978 s 25\n\ns 46A\ninserted by 49/1981 s 3\n\ndeleted by 61/1985 s 5\ns 47\nsubstituted by 120/1978 s 26\n\ns 47(1)\n\nsubstituted by 30/1996 s 21\n\namended by 51/1997 s 6\n\namended by 52/1999 s 23(a)\n\namended by 26/2008 s 9(1)\ns 47(1a)\ninserted by 52/1999 s 23(b)\n\namended by 26/2008 s 9(2)\ns 47(1b)\ninserted by 52/1999 s 23(b)\ns 47(2)\namended by 75/1987 s 3\n27.1.1988\n\namended by 52/1999 s 23(c)\ns 47A\ninserted by 61/1985 s 5\ns 47A(4)\namended by 52/1999 s 24(a)\ns 47A(7)\n\namended by 52/1999 s 24(b)\n\namended by 26/2008 s 10\ns 47B\ninserted by 61/1985 s 5\ns 47B(1)\namended by 52/1999 s 25\ns 47B(2)\n\namended by 26/2008 s 11\ns 47C\ninserted by 30/1996 s 22\ns 47C(1)\namended by 52/1999 s 26(a)\ns 47C(2)\namended by 52/1999 s 26(b)\n\namended by 26/2008 s 12(1)\n\namended by 38/2017 s 12\n\nsubstituted by 25/2019 s 61\ns 47C(3)\n\namended by 26/2008 s 12(2)\ns 47C(4)\n\namended by 26/2008 s 12(3)\n\namended by 56/2024 s 5\ns 47C(5)\n\ndeleted by 13/2006 s 48\ns 47D\ninserted by 52/1999 s 27\ns 47D(1)\namended by 26/2008 s 13(1)\n\ns 47D(2)\namended by 26/2008 s 13(2)\nPt 2 Div 9 before deletion by 7/2017\n\nheading preceding s 48\n\namended by 22/2010 s 21\ns 48\n\ns 48(1)\nsubstituted by 20/1990 s 8(a)\n\namended by 52/1999 s 28(a)\n\nsubstituted by 22/2010 s 22(1)\n\nThe amendment to s 48(1) purportedly made by Sch 1 Pt 4 of 38/2017 is of no effect because that section was repealed before the amendments came into operation.\n\ns 48(1a)\namended by 52/1999 s 28(b)\n\namended by 22/2010 s 22(2)\ns 48(1b)\n\namended by 13/2011 s 12(1)\ns 48(2)\nsubstituted by 20/1990 s 8(b)\n\nsubstituted by 22/2010 s 22(3)\ns 48(3)\namended by 120/1978 s 27\n\namended by 20/1990 s 8(c)\n\namended by 52/1999 s 28(c)\n\namended by 13/2011 s 12(2)\n\ns 48(3a)\ninserted by 52/1999 s 28(d)\n\namended by 13/2011 s 12(3)\n\ns 48(4)\ns 48(3) proviso redesignated as s 48(4) in pursuance of the Acts Republication Act 1967\n\namended by 52/1999 s 28(e)\n\ns 48(5)\ninserted by 52/1999 s 28(f)\ns 49\namended by 120/1978 s 28\n\ndeleted by 20/1990 s 9\ns 50\namended by 14/1976 s 26\n\namended by 20/1990 s 10\n\nsubstituted by 52/1999 s 29\ns 50(1)\n\namended by 22/2010 s 23\ns 51\namended by 14/1976 s 27\n\namended by 20/1990 s 11\n\ndeleted by 52/1999 s 29\ns 52\namended by 120/1978 s 29\n\namended by 51/1990 s 5\n\nsubstituted by 30/1996 s 23\ns 52(1)\namended by 52/1999 s 30(a)\n\ns 52(2)\namended by 52/1999 s 30(b)\n\ns 52(3)\n\namended by 13/2011 s 13\ns 52(4)\n\ns 52(5)\n\ndeleted by 13/2006 s 49\ns 53\n\ns 53(1)\namended by 120/1978 s 30\n\nsubstituted by 20/1990 s 12\n\namended by 52/1999 s 31(a)\n\namended by 13/2011 s 14\n\nThe amendment to s 53(1) purportedly made by Sch 1 Pt 4 of 38/2017 is of no effect because that section was repealed before the amendments came into operation.\n\ns 53(1a)\ninserted by 52/1999 s 31(b)\n\namended by 13/2011 s 14\ns 53(1aa)\ninserted by 71/2009 s 5\ns 53(1b)\ninserted by 52/1999 s 31(b)\nPt 2 Div 9\ndeleted by 7/2017 s 79\nPt 2 Div 10\n\nheading preceding s 54\nsubstituted by 52/1999 s 32\n\ns 54\namended by 14/1976 s 28\n\namended by 120/1978 s 31\n\namended by 4/1993 s 7\n\nsubstituted by 30/1996 s 24\ns 54(1)\namended by 52/1999 s 33\ns 55\namended by 14/1976 s 29\n\namended by 120/1978 s 32\n\namended by 77/1995 s 15\n\ndeleted by 30/1996 s 25\ns 55A\ninserted by 4/1993 s 8\n\namended by 30/1996 s 26\n\namended by 14/1998 s 4\n\nsubstituted by 52/1999 s 34\ns 55B\ninserted by 13/2006 s 50\ns 55C\ninserted by 13/2006 s 50\ns 55C(2)\namended by 26/2008 s 14\ns 56\namended by 120/1978 s 33\n\namended by 4/1986 s 3\n\namended by 20/1990 s 13\n\namended by 30/1996 s 27\n\namended by 52/1999 s 35\n\nsubstituted by 26/2008 s 15\n\namended by 22/2010 s 25\n\nsubstituted by 38/2017 s 13\ns 57\namended by 14/1976 s 30\n\namended by 120/1978 s 34\n\namended by 4/1986 s 4\n\nsubstituted by 20/1990 s 14\ns 57(1)\n\namended by 26/2008 s 16(1), (2)\n\ns 57(2)\n\namended by 26/2008 s 16(3), (4)\n\namended by 22/2010 s 26\n\ns 57(2a)\ninserted by 26/2008 s 16(5)\n\ns 57(3)\ns 57(4)\ns 57(5)\ninserted by 52/1999 s 36\n\ns 57(6)—(8)\ninserted by 52/1999 s 36\ns 57A\ninserted by 20/1990 s 15\n\nsubstituted by 26/2008 s 17\n\nsubstituted by 38/2017 s 15\ns 58\n\ns 58(1)\ns 58 amended by 14/1976 s 31\n\ns 58 amended by 20/1990 s 16\n\ns 58 amended and redesignated as s 58(1) by 4/1993 s 9\n\namended by 22/2010 s 27\n\namended by 38/2017 s 16\ns 58(2)\ns 58(3)\n\nsubstituted by 52/1999 s 37\n\namended by 64/2013 s 5(1)\ns 58(4)\n\nsubstituted by 52/1999 s 37\n\namended by 64/2013 s 5(2)\ns 58(5)\ninserted by 54/2017 s 6\ns 58(6)\ninserted by 17/2021 s 21\ns 60\n\ns 60(1)\nsubstituted by 20/1990 s 17\n\namended by 38/2017 s 17(1), (2)\ns 60(2)\namended by 14/1976 s 32\n\nsubstituted by 30/1996 s 28\ns 60A\ninserted by 38/2017 s 18\ns 61A\ninserted by 71/2017 Sch 1 cl 27\nPt 2 Div 11 \n\nheading preceding s 62\namended by 65/1996 s 5\n\ns 62\n\ns 62(1)\nsubstituted by 65/1996 s 6(a)\ns 62(2)\namended by 14/1976 s 33\n\namended by 120/1978 s 35(a), (b)\n\nsubstituted by 65/1996 s 6(a)\ns 62(3)\ndeleted by 120/1978 s 35(c)\n\ninserted by 65/1996 s 6(a)\ns 62(4)\namended by 120/1978 s 35(d)\n\namended by 65/1996 s 6(b)\ns 62(5)\ndeleted by 120/1978 s 35(e)\ns 62(6)\namended by 120/1978 s 35(f)\n\namended by 65/1996 s 6(c)\n\namended by 3/2012 Sch 1 cl 6\n28.5.2012\ns 62(7)\namended by 120/1978 s 35(g), (h)\n\namended by 65/1996 s 6(d)\ns 63\ndeleted by 14/1976 s 34\ns 64\namended by 14/1976 s 35\n\namended by 65/1996 s 7\ns 65\nsubstituted by 4/1986 s 5\n\nsubstituted by 65/1996 s 8\ns 66\namended by 14/1976 s 36\n\namended by 79/1976 s 10\n\namended by 120/1978 s 36\n\nsubstituted by 65/1996 s 8\ns 66(2)\ns 67\namended by 14/1976 s 37\n\namended by 120/1978 s 37\n\ndeleted by 65/1996 s 8\nss 68, 69 and 69A\ndeleted by 14/1976 s 38\ns 70\n\ns 70(1)\nsubstituted by 120/1978 s 38(a)\n\namended by 65/1996 s 9(a)\ns 70(2)\nsubstituted by 120/1978 s 38(a)\n\namended by 65/1996 s 9(b)\n\namended by 13/2011 s 15\ns 70(3)\ndeleted by 120/1978 s 38(a)\ns 70(4)\namended by 120/1978 s 38(b), (c)\n\namended by 65/1996 s 9(c)\n\namended by 56/2024 s 6\ns 70(5)\nsubstituted by 120/1978 s 38(d)\n\nsubstituted by 65/1996 s 9(d)\ns 71\n\ns 71(1)\nsubstituted by 120/1978 s 39(a)\n\namended by 13/2011 s 16\ns 71(2)\namended by 14/1976 s 39\n\namended by 120/1978 s 39(b)—(d)\n\ns 71(3)\namended by 120/1978 s 39(e), (f)\n\nPt 2 Div 12\n\nheading preceding 71A\nsubstituted by 52/1999 s 38\n\namended by 22/2010 s 28\n\namended by 7/2017 s 80\ns 71A\n\nsubstituted by 52/1999 s 38\n\namended by 22/2010 s 29\n\namended by 7/2017 s 81\ns 71B before substitution by 22/2010\ninserted by 52/1999 s 38\ns 71B(2)\namended by 13/2011 s 17\ns 71B\nsubstituted by 22/2010 s 30\ns 71B(1)\namended by 7/2017 s 82(1), (2)\ns 71B(1a)\ninserted by 71/2017 Sch 1 cl 28\ns 71B(2)\namended by 7/2017 s 82(3), (4)\nPt 2 Div 13\ninserted by 17/2021 s 22\ns 71C\n\ns 71C(6)\n\nAd Standards\nsubstituted by 46/2024 s 13(1)\nadvertising code breach determination\namended by 46/2024 s 13(2)\nBoard\ndeleted by 46/2024 s 13(3)\nPt 2A before deletion by 35/2013\ninserted by 67/1999 s 3\ns 71C\n\ns 71C(1)\n\nprescribed financial market\ninserted by 34/2002 s 22(a)\ns 71C(3)\namended by 34/2002 s 22(b), (c)\nPt 2A\ndeleted by 35/2013 s 5\nPt 3\n\ns 71AA\ndeleted by 14/1976 s 40\ns 72 before substitution by 25/2019\n\ns 72(1)\namended by 120/1978 s 40(a)\n\nsubstituted by 94/1986 s 7(a)\ns 72(2)\namended by 79/1976 s 11\n\namended by 120/1978 s 40(b)\n\ns 72(3)—(5)\ns 72(5a)\ninserted by 120/1978 s 40(c)\n\ns 72(6)\ns 72(7)—(9)\nsubstituted by 120/1978 s 40(d)\ns 72(9a) and (9b)\ninserted by 120/1978 s 40(e)\n\ndeleted by 94/1986 s 7(b)\ns 72(10)\namended by 79/1976 s 11\n\namended by 120/1978 s 40(f)\n\ndeleted by 94/1986 s 7(b)\n\ninserted by 52/1999 s 39\n\ns 72\nsubstituted by 25/2019 s 62\ns 72A\ndeleted by 14/1976 s 41\n\ninserted by 10/2005 s 5\ns 72A(1)\namended by 14/2010 s 4\ns 72A(2)\namended by 77/2005 Sch 1 cl 3(1)\n\ns 72A(3)\namended by 77/2005 Sch 1 cl 3(2)\ns 72A(4)\n\ninserted by 77/2005 Sch 1 cl 3(3)\n\ndeleted by 8/2009 s 13\ninserted by 77/2005 Sch 1 cl 3(4)\n\ndeleted by 8/2009 s 13\ns 74\namended by 14/1976 s 42\n\namended by 120/1978 s 41\n\namended by 20/1990 s 18\n\nsubstituted by 52/1999 s 40\n\nsubstituted by 8/2003 s 9\ns 74(2aa)\ninserted by 9/2025 s 14(1)\ns 74(2a)\ninserted by 8/2009 s 14(1)\n\namended by 71/2009 s 6(1)\ns 74(2ab) and (2ac) \ninserted by 63/2017 s 9(1)\ns 74(2b)\ninserted by 8/2009 s 14(1)\ns 74(3)\nsubstituted by 8/2021 s 5(1)\n\namended by 9/2025 s 14(2), (3)\ns 74(4)\nsubstituted by 10/2005 s 6\n\namended by 71/2009 s 6(2)\n\namended by 8/2021 s 5(2)\ns 74(5)\namended by 8/2009 s 14(2)\n\nsubstituted by 71/2009 s 6(3)\ns 74(6)\namended by 49/2021 Sch 1 cl 1\ns 74(7)\ninserted by 63/2017 s 9(2)\nss 74A, 74B and 74C\ndeleted by 14/1976 s 43\ns 75\n\ns 75(1)\namended by 14/1976 s 44(a)\n\namended by 15/1989 s 4\n\namended by 52/1999 s 41\n\namended by 70/2013 s 5\n\namended by 38/2017 s 19\n\namended by 8/2021 s 6\ns 75(2)\nsubstituted by 14/1976 s 44(b)\n\namended by 120/1978 s 42\ns 75(3)\nsubstituted by 20/1990 s 19\ns 75(4)\ninserted by 14/1976 s 44(c)\n\ndeleted by 20/1990 s 19\ns 75AAA\ninserted by 52/1999 s 42\ns 75AAA(6)\nsubstituted by 10/2005 s 7\n\nsubstituted by 70/2013 s 6\ns 75AAA(11)\nsubstituted by 71/2009 s 7\ns 75AA\ninserted by 11/1989 s 3\ns 75AA(a1)\ninserted by 71/2009 s 8(1)\ns 75AA(1)\namended by 52/1999 s 43(a), (b)\n\namended by 71/2009 s 8(2), (3)\ns 75AA(2) and (3)\namended by 52/1999 s 43(c)\n\namended by 71/2009 s 8(4)\ns 75AA(4)\ninserted by 1/1992 s 3\n\namended by 71/2009 s 8(5), (6)\n\namended by 38/2017 s 20\ns 75AA(5)\ninserted by 1/1992 s 3\n\namended by 71/2009 s 8(7)\n\ns 75AA(6)\ninserted by 52/1999 s 43(d)\ns 75AA(7) and (8)\ninserted by 7/2017 s 83\ns 75A before substitution by 71/2009\n\ns 75A(1)\namended by 14/1976 s 45(a)\n\namended by 15/1989 s 5(a)\n\namended by 52/1999 s 44(a)\n\namended by 8/2003 s 10\ns 75A(1a) and (1b)\ninserted by 20/1990 s 20(a)\ns 75A(2)\n\namended by 15/1989 s 5(b)\ns 75A(3)\nsubstituted by 14/1976 s 45(b)\n\nsubstituted by 120/1978 s 43\n\nsubstituted by 48/1981 s 3(a)\n\namended by 15/1989 s 5(c)—(e)\n\namended by 65/1994 s 3(a)\n\namended by 30/1996 s 29\n\namended by 52/1999 s 44(b)\n\namended by 37/2002 s 11(a), (b)\n\namended by 10/2005 s 8(1)\n\namended by 77/2005 Sch 1 cl 4(1)\ns 75A(3)\n(da) deleted by 65/1994 s 3(a)\ns 75A(3aa)\ninserted by 15/1989 s 5(f)\ns 75A(3a)\ninserted by 48/1981 s 3(a)\n\namended by 95/1995 s 11(a)\ninserted by 77/2005 Sch 1 cl 4(2)\n\ndeleted by 8/2009 s 15\ninserted by 77/2005 Sch 1 cl 4(3)\n\ndeleted by 8/2009 s 15\ns 75A(3b) and (3c)\ns 75A(3d)\ninserted by 15/1989 s 5(g)\n\ndeleted by 65/1994 s 3(b)\ns 75A(4)\n\nsubstituted by 15/1989 s 5(g)\n\namended by 20/1990 s 20(b)\ns 75A(4a)\n\ndeleted by 15/1989 s 5(g)\ns 75A(5)\namended by 14/1976 s 45(c)\n\nsubstituted by 15/1989 s 5(g)\n\ns 75A(5aaa)\n\namended by 52/1999 s 44(c)\ns 75A(5aa)\n\nsubstituted by 30/2000 s 3\ns 75A(5ab)\ninserted by 30/2000 s 3\ns 75A(5a)\n\namended by 20/1983 s 2\n\namended by 95/1995 s 11(b), (c)\n\namended by 52/1999 s 44(d)\n\namended by 10/2005 s 8(2)\n\namended by 77/2005 Sch 1 cl 4(4)\ns 75A(5b)\n\ns 75A(5c)\n\ns 75A(5d)\n\ns 75A(5e)\ninserted by 72/1985 s 3(b)\ns 75A(6)\namended by 37/1980 s 3\n\namended by 1/1992 s 4\n\ndeleted by 52/1999 s 44(e)\ns 75A(7)\n\ns 75A(8)\n\namended by 52/1999 s 44(f)\n\namended by 37/2002 s 11(c)\n\ns 75A(9)\n\namended by 52/1999 s 44(g)\n\ns 75A\nsubstituted by 71/2009 s 9\ns 75A(1)\n\nprescribed learner's permit holder\ninserted by 70/2013 s 7(1)\n\nsubstituted by 8/2021 s 7(1)\nprescribed locality\ninserted by 8/2021 s 7(1)\ns 75A(2)\namended by 8/2021 s 7(2)\ns 75A(2a)\ninserted by 8/2021 s 7(3)\ns 75A(10)\namended by 70/2013 s 7(2)\n\namended by 8/2021 s 7(4)\ns 75A(17)\ns 75A(20)\n\nsubstituted by 8/2021 s 7(5)\ns 75A(21)\n\ns 75A(22) and (23)\ns 75A(24) and (25)\ninserted by 8/2021 s 7(6)\ns 75B\ninserted by 8/2021 s 8\ns 76\ndeleted by 14/1976 s 46\ns 77\namended by 120/1978 s 44\n\ndeleted by 52/1999 s 45\ns 77A\ns 77A(3) and (4)\ndeleted by 30/1996 s 30\ns 77B\ns 77B(1a)\ninserted by 1/1992 s 5(a)\ns 77B(2)\namended by 1/1992 s 5(b), (c)\ns 77BA\ninserted by 37/2002 s 12\ns 77C\n\nsubstituted by 20/1990 s 21\ns 78\namended by 120/1978 s 45\n\namended by 94/1986 s 8\n\nsubstituted by 35/1989 s 4\n\namended by 30/1996 s 31\n\ndeleted by 52/1999 s 46\ns 79\namended by 14/1976 s 47\n\namended by 120/1978 s 46\n\namended by 4/1986 s 6\n\namended by 29/1996 s 5\n\nsubstituted by 8/2003 s 11\ns 79(1)\namended by 10/2005 s 9(1)\n\namended by 71/2009 s 10(1)\n\namended by 70/2013 s 8(1), (2)\n\namended by 25/2019 s 63(1)\n\namended by 8/2021 s 9(1)\ns 79(1a)\ninserted by 10/2005 s 9(2)\n31.10.2006\n\nsubstituted by 71/2009 s 10(2)\n\ndeleted by 70/2013 s 8(3)\ns 79(2)\namended by 10/2005 s 9(3)\n\namended by 8/2021 s 9(2)\ns 79(3)\n\napproved theoretical examination\ninserted by 8/2021 s 9(3)\nexaminer\n\ndeleted by 70/2014 s 8(4)\ntester\ninserted by 70/2013 s 8(4)\n\nsubstituted by 25/2019 s 63(2)\n\ndeleted by 8/2021 s 9(3)\ns 79A before substitution by 8/2021\nsubstituted by 14/1976 s 48\n\namended by 4/1986 s 7\n\namended by 8/2003 s 12\n\nsubstituted by 10/2005 s 10\n31.10.2005 except (3) and (4)—31.10.2006\ns 79A(1)\namended by 71/2009 s 11(1)—(3)\n\namended by 70/2013 s 9(1)—(5)\n\ns 79A(3)\namended by 71/2009 s 11(4)\n\namended by 70/2013 s 9(6), (7)\ns 79A(4)\namended by 71/2009 s 11(5)\n\nsubstituted by 70/2013 s 9(8)\ns 79A\nsubstituted by 8/2021 s 10\ns 79A(3)\namended by 9/2025 s 15\ns 79B\ndeleted by 14/1976 s 48\n\ninserted by 120/1978 s 47\n\namended by 20/1990 s 22\n\ninserted by 8/2009 s 16\ns 79B(1)\nsubstituted by 14/2010 s 5(1)\n\nsubstituted by 63/2017 s 10(1)\ns 79B(2)\nsubstituted by 14/2010 s 5(1)\n\nsubstituted by 63/2017 s 10(1)\n\namended by 49/2021 Sch 1 cl 2(1), (2)\ns 79B(3)\namended by 63/2017 s 10(2)\ns 79B(4) and (5)\nsubstituted by 63/2017 s 10(3)\ns 79B(6) and (7)\namended by 63/2017 s 10(4)\ns 79B(7a)\ninserted by 48/2024 s 3\ns 79B(8) before substitution by 63/2017\n\nprescribed drink driving offence\ninserted by 14/2010 s 5(2)\ns 79B(8)\nsubstituted by 63/2017 s 10(5)\ns 79BA\ninserted by 15/1989 s 7\n\ns 79C\ninserted by 120/1978 s 47\n\ns 80\n\ns 80(1)\namended by 120/1978 s 48(a)\n\namended by 52/1999 s 48(a)\n\namended by 46/2024 s 14(1)—(3)\ns 80(1a)\ninserted by 120/1978 s 48(b)\n\namended by 52/1999 s 48(a)\n\namended by 46/2024 s 14(4), (5)\ns 80(1b)\ninserted by 46/2024 s 14(6)\ns 80(2)\namended by 14/1976 s 49\n\namended by 120/1978 s 48(c)\n\nsubstituted by 52/1999 s 48(b)\n\nsubstituted by 46/2024 s 14(7)\ns 80(2a)\ninserted by 52/1999 s 48(b)\n\namended by 6/2004 s 4\n\namended by 25/2019 s 64\n\namended by 46/2024 s 14(8)\ns 80(3)\namended by 120/1978 s 48(d)\n\namended by 46/2024 s 14(9)\ns 80(5)\n\namended by 8/2009 s 17\ns 81\n\ns 81(1)\nsubstituted by 120/1978 s 49(a)\n\namended by 52/1999 s 49(a), (b)\ns 81(1a)\ninserted by 120/1978 s 49(a)\n\ndeleted by 15/1989 s 8\n\ninserted by 8/2021 s 11\ns 81(1b)\ninserted by 120/1978 s 49(a)\n\ndeleted by 15/1989 s 8\ns 81(2)\namended by 120/1978 s 49(b)\n\namended by 52/1999 s 49(b)\n\namended by 8/2003 s 13\n\namended by 10/2005 s 11\n\namended by 70/2013 s 10\ns 81(3)\nsubstituted by 120/1978 s 49(c)\n\namended by 20/1990 s 23\n\namended by 52/1999 s 49(b)\ns 81(4)\namended by 120/1978 s 49(d)\n\namended by 8/2009 s 18(1), (2)\ns 81A before substitution by 71/2009\ninserted by 37/1980 s 4\ns 81A(a1)\ninserted by 10/2005 s 12(1)\nexaminer\ninserted by 77/2005 Sch 1 cl 5(1)\n\ndeleted by 8/2009 s 19(1)\ninserted by 77/2005 Sch 1 cl 5(2)\n\ndeleted by 8/2009 s 19(1)\nserious disqualification offence\namended by 59/2007 s 5(1)—(3)\ns 81A(1)\namended by 48/1981 s 4(a)\n\namended by 72/1985 s 4(a)—(e)\n\namended by 15/1989 s 9(a), (b)\n\namended by 35/1989 s 5(a)\n\namended by 65/1994 s 4(a)\n\n(f) deleted by 65/1994 s 4(a)\n\namended by 60/1998 s 41\n\namended by 52/1999 s 50(a), (b)\n\n(caa) deleted by 52/1999 s 50(b)\n\namended by 17/2001 s 11\n\namended by 8/2003 s 14(a)\n\namended by 10/2005 s 12(2)—(4)\n\namended by 77/2005 Sch 1 cl 5(3)\ns 81A(1aa)\ninserted by 20/1983 s 3(a)\n\namended by 72/1985 s 4(f)\n\namended by 15/1989 s 9(c)\n\namended by 30/1996 s 32(a)\n\namended by 52/1999 s 50(c)\n\ns 81A(1a)\ninserted by 48/1981 s 4(b)\n\nprescribed concentration of alcohol\nsubstituted by 72/1985 s 4(g)\nunconditional licence\ninserted by 72/1985 s 4(g)\ns 81A(2)\namended by 15/1989 s 9(d) \n\nsubstituted by 35/1989 s 5(b)\n\namended by 91/2000 s 8(a)\n\namended by 8/2003 s 14(b)—(d)\n\nsubstituted by 10/2005 s 12(5)\ns 81A(2aa)\ninserted by 8/2003 s 14(e)\n\ns 81A(2a)\ninserted by 15/1989 s 9(e)\n\ndeleted by 65/1994 s 4(b)\n\ninserted by 91/2000 s 8(b)\n\namended by 8/2003 s 14(f), (g)\n\ns 81A(3)\nsubstituted by 72/1985 s 4(h)\n\namended by 35/1989 s 5(c)\n\nsubstituted by 52/1999 s 50(d)\n\nsubstituted by 10/2005 s 12(5)\ns 81A(3a)\n\namended by 77/2005 Sch 1 cl 5(4)\ns 81A(3b)\n\nsubstituted by 59/2007 s 5(4)\ns 81A(3ba)\ninserted by 59/2007 s 5(4)\ns 81A(3d)\namended by 8/2009 s 19(2)\ns 81A(3e)\ns 81A(4)\namended by 15/1989 s 9(f)\n\ns 81A(4a)\ninserted by 72/1985 s 4(i)\n\ndeleted by 15/1989 s 9(g)\ns 81A(5)\namended by 72/1985 s 4(j)\n\namended by 11/1989 Sch 1\n\nsubstituted by 15/1989 s 9(h)\n\ns 81A(5a)\ninserted by 72/1985 s 4(k)\n\namended by 15/1989 s 9(i)\n\namended by 52/1999 s 50(e)\n\namended by 10/2005 s 12(6)\ns 81A(5b)\ninserted by 72/1985 s 4(k)\n\namended by 15/1989 s 9(j)\n\namended by 35/1989 s 5(d)\n\ns 81A(6)\n\namended by 20/1983 s 3(b)\n\namended by 95/1995 s 12\n\namended by 52/1999 s 50(f)\n\nsubstituted by 10/2005 s 12(7)\n\namended by 77/2005 Sch 1 cl 5(5)\ns 81A(7)\n\ns 81A(8)\n\ns 81A(9)\n\ns 81A(10)\ninserted by 72/1985 s 4(l)\n\namended by 10/2005 s 12(8)\ns 81A before substitution by 70/2013\nsubstituted by 71/2009 s 12\ns 81A(16)\namended by 14/2010 s 6(1)\ns 81A(17)\namended by 14/2010 s 6(2)\ns 81A(18)\ndeleted by 14/2010 s 6(3)\ns 81A\nsubstituted by 70/2013 s 11\ns 81A(2)\ns 81A(4)\ns 81A(13)\ns 81A(17)\ns 81A(19)\ns 81A(22)\ninserted by 17/2021 s 23\ns 81AB\ninserted by 52/1999 s 51\ns 81AB(1)\namended by 8/2003 s 15(a)\n\namended by 77/2005 Sch 1 cl 6(1)\n\namended by 71/2009 s 13(1)\n\n(c) deleted by 64/2013 s 6(1)\n\nsubstituted by 49/2021 Sch 1 cl 3\ns 81AB(3)\namended by 91/2000 s 8(c)\n\namended by 8/2009 s 20(1)\ns 81AB(3a)\ninserted by 91/2000 s 8(d)\n\namended by 8/2003 s 15(b)—(d)\n\namended by 8/2009 s 20(2), (3)\ns 81AB(3b)\ninserted by 8/ 2009 s 20(4)\n\namended by 64/2013 s 6(2)\ns 81AB(6)\namended by 10/2005 s 13\n\namended by 77/2005 Sch 1 cl 6(2)\ns 81AB(7)\n\ninserted by 77/2005 Sch 1 cl 6(3)\n\ndeleted by 8/2009 s 20(5)\nprescribed circumstances\ninserted by 71/2009 s 13(2)\n\namended by 14/2010 s 7\ninserted by 77/2005 Sch 1 cl 6(4)\n\ndeleted by 8/2009 s 20(5)\ns 81AB(8)\ninserted by 17/2021 s 24\ns 81AC\ninserted by 8/2021 s 12\ns 81B before substitution by 71/2009\ninserted by 37/1980 s 4\ns 81B(1) before deletion by 8/2009\namended by 48/1981 s 5\n\nalcohol interlock scheme conditions\ninserted by 91/2000 s 8(e)\n\ndeleted by 8/2003 s 16(a)\nprescribed conditions\nprobationary conditions amended by 15/1989 s 10(a)\n\nprobationary conditions amended to read as prescribed conditions by 30/1996 s 33(a), (b)\n\nsubstituted by 52/1999 s 52(a)\n\nsubstituted by 91/2000 s 8(e)\n\ndeleted by 10/2005 s 14(1)\nrelevant drink driving offence\ninserted by 91/2000 s 8(e)\n\nsubstituted by 8/2003 s 16(b)\ns 81B(1)\ndeleted by 8/2009 s 21(1)\ns 81B(1a)\ninserted by 20/1983 s 4(a)\n\ndeleted by 72/1985 s 5(a)\ns 81B(2)\namended by 40/1981 s 3\n\nsubstituted by 20/1983 s 4(b)\n\namended by 15/1989 s 10(b)\n\namended by 1/1992 s 6\n\namended by 30/1996 s 33(b), (c)\n\namended by 52/1999 s 52(b)—(d)\n\namended by 17/2001 s 12(a)\n\namended by 91/2000 s 8(f)\n\namended by 10/2005 s 14(2)\n\namended by 59/2007 s 6(1), (2)\ns 81B(2a)\ninserted by 91/2000 s 8(g)\n\ndeleted by 8/2009 s 21(2)\ns 81B(3)\ndeleted by 20/1983 s 4(c)\n\ninserted by 72/1985 s 5(a)\n\nsubstituted by 29/1996 s 7\n\namended by 59/2007 s 6(3)\ns 81B(3a)\ninserted by 29/1996 s 7\n\ns 81B(3b)\ninserted by 29/1996 s 7\n\ndeleted by 59/2007 s 6(4)\ns 81B(4)\n\namended by 17/2001 s 12(b)\ns 81B(5)\n\namended by 30/1996 s 33(a)\n\nsubstituted by 10/2005 s 14(3)\ns 81B(6)\n\namended by 4/2000 s 9(1) (Sch 1 cl 26(a))\n\nsubstituted by 10/2005 s 14(3)\ns 81B(8)\namended by 72/1985 s 5(b)\n\namended by 4/2000 s 9(1) (Sch 1 cl 26(b))\n\namended by 10/2005 s 14(4)\ns 81B(9)\nsubstituted by 72/1985 s 5(c)\n\namended by 15/1989 s 10(c)\n\namended by 35/1989 s 6\n\namended by 30/1996 s 33(a), (b)\n\namended by 4/2000 s 9(1) (Sch 1 cl 26(c))\n\nsubstituted by 52/1999 s 52(e)\n\namended by 17/2001 s 12(c)\n\namended by 4/2000 s 9(1) (Sch 1 cl 27(a))\n\namended by 91/2000 s 8(h)—(j)\n\namended by 8/2003 s 16(c)\n\nsubstituted by 10/2005 s 14(5)\ns 81B(9a)\ninserted by 91/2000 s 8(k)\n\ndeleted by 10/2005 s 14(5)\nrelevant prescribed conditions\namended by 37/2002 s 13\ns 81B(10)\nsubstituted by 72/1985 s 5(c)\ns 81B(10a)\ninserted by 72/1985 s 5(c) \n\ndeleted by 52/1999 s 52(f)\ns 81B(10b)\ninserted by 72/1985 s 5(c)\n\namended by 15/1989 s 10(d)\n\namended by 30/1996 s 33(a)\n\ndeleted by 52/1999 s 52(f)\ns 81B(11)\namended by 72/1985 s 5(d)\n\nsubstituted by 10/2005 s 14(6)\ns 81B(11a)\ninserted by 20/1983 s 4(d)\n\ndeleted by 15/1989 s 10(e)\n\ninserted by 10/2005 s 14(6)\n\namended by 59/2007 s 6(5), (6)\ns 81B(11b)\ninserted by 20/1983 s 4(d)\n\ndeleted by 15/1989 s 10(e)\ns 81B\nsubstituted by 71/2009 s 14\ns 81B(1)\namended by 64/2013 s 7\ns 81B(3)\namended by 13/2011 s 18\ns 81BA—see s 81BC\n\ns 81BA\ninserted by 71/2009 s 14\ns 81BA(1)\namended by 64/2013 s 8(1)\ns 81BA(2)\nsubstituted by 64/2013 s 8(2)\n\ns 81BA(3)\namended by 70/2013 s 12(1)\n\n(d), (e) deleted by 70/2013 s 12(2)\ns 81BA(4)\namended by 70/2013 s 12(3)\ns 81BA(6)\n\nred light offence\ninserted by 70/2013 s 12(4)\nserious disqualification offence\nsubstituted by 70/2013 s 12(4)\nspeeding offence\ninserted by 70/2013 s 12(4)\ns 81BB\ninserted by 71/2009 s 14\ns 81BB(1)\namended by 48/2024 s 4\ns 81BB(2)\namended by 64/2013 s 9(1)\ns 81BB(4)\ns 81BB(7)\namended by 70/2013 s 13(1), (2)\n\n(e), (f) deleted by 70/2013 s 13(2)\ns 81BB(8)\namended by 64/2013 s 9(2), (3)\n\namended by 70/2013 s 13(3)\ns 81BC\ns 81BA inserted by 59/2007 s 7\n\ns 81BA redesignated as s 81BC by 71/2009 s 15\n\ndeleted by 70/2013 s 14\n\ninserted by 54/2017 s 7\ns 81BC(1)\namended by 39/2019 s 3(1), (2)\n\namended by 48/2024 s 5(1)\ns 81BC(3)\namended by 39/2019 s 3(3), (4)\n\namended by 48/2024 s 5(2)\ns 81BC(3a) and (3b)\ninserted by 48/2024 s 5(3)\ns 81BC(7)\namended by 39/2019 s 3(5), (6)\n\namended by 48/2024 s 5(4)\ns 81BC(8)\namended by 39/2019 s 3(7)\n\namended by 48/2024 s 5(5)\ns 81BC(8a) and (8b)\ninserted by 48/2024 s 5(6)\ns 81C\ninserted by 8/2003 s 17\ns 81C(1)\namended by 48/2024 s 6(1)\ns 81C(2)\namended by 6/2005 s 4(1)\n\namended by 59/2007 s 8(1), (2)\n\n(c) deleted by 8/2009 s 22(1)\n\namended by 70/2013 s 15\n\namended by 48/2024 s 6(2)\ns 81C(3)—(6)\ndeleted by 8/2009 s 22(2)\ns 81C(3)—(5)\ninserted by 48/2024 s 6(3)\ns 81C(7)\namended by 6/2005 s 4(2)\n\nsubstituted by 8/2009 s 22(3)\ns 81C(9)—(11)\ninserted by 48/2024 s 6(4)\ns 81D\ninserted by 77/2005 Sch 1 cl 7\ns 81D(1)\nsubstituted by 63/2017 s 11(1)\ns 81D(2)\namended by 59/2007 s 9(1), (2)\n\namended by 70/2013 s 16\n\namended by 63/2017 s 11(2)\n8.3.2018\n\nsubstituted by 49/2021 Sch 1 cl 4\n\namended by 48/2024 s 7(1), (2)\ns 81D(2a) and (2b)\ninserted by 48/2024 s 7(3)\ns 81D(3)\nsubstituted by 8/2009 s 23\ns 81D(5)—(7)\ninserted by 48/2024 s 7(4)\ns 81E\ns 81E(3)\namended by 20/2020 s 4(1), (2)\n30.11.2020\ns 81E(6)\namended by 17/2021 s 25\ns 81F\ns 81F(1)\namended by 38/2017 s 21\n\namended by 56/2024 s 7\ns 81G\n\ns 81G(1)\ns 81G inserted by 8/2009 s 24\n\ns 81G redesignated as s 81G(1) by 17/2021 s 26\ns 81G(2)\ninserted by 17/2021 s 26\ns 81H\ns 82 before substitution by 52/1999\namended by 79/1976 s 12\n\namended by 120/1978 s 50\n\namended by 37/1980 s 5\n\namended by 40/1981 s 4\n\namended by 20/1983 s 5\n\namended by 15/1989 s 11\n\namended by 30/1996 s 34\ns 82\nsubstituted by 52/1999 s 53\ns 82(1)\ns 82 redesignated as s 82(1) by 64/2013 s 10\ns 82(2)\ninserted by 64/2013 s 10\ns 83 before substitution by 59/2007\ndeleted by 14/1976 s 50\n\ninserted by 52/1999 s 53\ns 83(2)\nsubstituted by 13/2006 s 51\ns 83\nsubstituted by 59/2007 s 10\ns 83(2)\nsubstituted by 17/2021 s 27(1)\ns 83(4)\nsubstituted by 17/2021 s 27(2)\nss 83A—83D\ndeleted by 14/1976 s 51\ns 84\nsubstituted by 14/1976 s 52\n7.7.1976\n\namended by 4/1986 s 8\n\namended by 75/1987 s 4\n27.1.1988\n\namended by 15/1989 s 12\n\namended by 20/1990 s 24\n\namended by 30/1996 s 35\n\nsubstituted by 52/1999 s 53\ns 85\n\ns 85(1)\ns 85 amended by 120/1978 s 51\n\ns 85 amended by 11/1989 Sch\n\ns 85 amended by 15/1989 s 13\n\ns 85 substituted by 52/1999 s 53\n\ns 85 redesignated as s 85(1) by 31/2013 s 41\n\namended by 38/2017 s 22\ns 85(2)\ninserted by 31/2013 s 41\ns 86\ndeleted by 120/1978 s 52\ns 87\ndeleted by 14/1976 s 53\nheading preceding s 88\ns 88\namended by 4/2000 s 9(1) (Sch 1 cl 26(d), (e))\n\nss 89 and 90\ns 91\n\ns 91(1)\namended by 15/1989 s 14\ns 91(2)\ns 91(3)\n\namended by 71/2009 s 16(1)\ns 91(4)\ns 91(5)\n\namended by 73/1993 s 2\n\namended by 52/1999 s 54(a), (b)\n\nsubstituted by 49/2021 Sch 1 cl 5(1)\ns 91(5a)\ninserted by 49/2021 Sch 1 cl 5(1)\ns 91(6)\ninserted by 71/2009 s 16(2)\n\namended by 49/2021 Sch 1 cl 5(2)\ns 92\namended by 120/1978 s 53\n\namended by 72/1985 s 6\n\ndeleted by 15/1989 s 15\ns 93\n\ns 93(1)\namended by 37/1980 s 6\n\nsubstituted by 34/1993 s 8\n\namended by 6/2005 s 5(1), (2)\n\namended by 13/2006 s 52\n\namended by 8/2009 s 25\n\namended by 54/2017 s 8\ns 93(2)\nsubstituted by 34/1993 s 8\ns 93(2a)\ninserted by 34/1993 s 8\n\ndeleted by 52/1999 s 55(a)\ns 93(3)\ndeleted by 52/1999 s 55(a)\ns 93(3a)\ninserted by 40/1981 s 5\n\namended by 15/1989 s 16\n\namended by 30/1996 s 36\n\namended by 52/1999 s 55(b)\n\nsubstituted by 31/2013 s 42(1)\n\namended by 71/2017 Sch 1 cl 29(1)\ns 93(3b)\ninserted by 40/1981 s 5\n\ns 93(3c)\ninserted by 31/2013 s 42(2)\n\namended by 71/2017 Sch 1 cl 29(2), (3)\ns 93(4)\ns 94\namended by 120/1978 s 54\n\ndeleted by 15/1989 s 17\n\ninserted by 42/2012 s 4\n31.1.2013\ns 95\namended by 120/1978 s 55\n\ndeleted by 15/1989 s 17\ns 96\n\ns 96(1)\namended by 120/1978 s 56(a), (b)\n\namended by 13/2006 ss 53(1), 65(1)\n\namended by 56/2024 s 8(1), (2)\ns 96(2)\namended by 120/1978 s 56(c)\n\ns 96(3)\namended by 120/1978 s 56(d)\n\namended by 13/2011 s 19\n\namended by 56/2024 s 8(1)\ns 96(4)\nsubstituted by 15/1989 s 18\ndriver\namended by 52/1999 s 56(b)\npolice officer\nmember of the police force (b) deleted by 13/2006 s 53(2)\n\nmember of the police force amended to read police officer by 13/2006 s 65(1)\n\ndeleted by 56/2024 s 8(3)\ns 97\n\ns 97(1)\namended by 120/1978 s 57\n\namended by 52/1999 s 57(a), (b)\n\namended by 13/2006 s 54(1), (2)\n\ns 97(2)\namended by 52/1999 s 57(b)\ns 97A\namended by 14/1976 s 54\n\namended by 120/1978 s 58\n\nsubstituted by 11/1989 s 4\ns 97A(1)\nsubstituted by 52/1999 s 58(a)\n\namended by 59/2007 s 11(1)\n\namended by 71/2009 s 17(1), (2)\ns 97A(2)\nsubstituted by 52/1999 s 58(a)\ns 97A(2a) and (2b)\ninserted by 52/1999 s 58(a)\ns 97A(2c)\ninserted by 71/2017 Sch 1 cl 30\ns 97A(3)\n\n(c) deleted by 13/2006 s 55(1)\n\namended by 13/2006 ss 55(2), 65(1), 66\n\namended by 71/2009 s 17(3)\n\n(a) deleted by 56/2024 s 9\ns 97A(4)\n\namended by 10/2005 s 15\n\nsubstituted by 71/2009 s 17(4)\ns 97A(5)\n\nsubstituted by 71/2009 s 17(4)\ns 97A(6)\ninterstate learner's permit\ninserted by 71/2009 s 17(5)\ninterstate licence\ndeleted by 71/2009 s 17(5)\npermanent resident\ninserted by 59/2007 s 11(2)\ns 98\ndeleted by 71/2009 s 18\ns 98AAA\ninserted by 1/1992 s 7\ns 98AAA(1)\n\namended by 52/1999 s 59(a)\n\namended by 13/2006 ss 56(1), (2), 65(1)\n\namended by 56/2024 s 10(1)\ns 98AAA(1a)\ninserted by 76/2000 s 6\npolice officer\nmember of the police force (b) deleted by 13/2006 s 56(3)\n\nmember of the police force amended to read police officer by 13/2006 s 65(1)\n\ns 98AAA(1a)\ndeleted by 56/2024 s 10(2)\ns 98AAA(2)\namended by 52/1999 s 59(b)\ns 98AAA(3)\ndeleted by 52/1999 s 59(c)\ns 98AA\ninserted by 15/1989 s 19\n\namended by 52/1999 s 60\n\ndeleted by 56/2024 s 11\ns 98AAB\ninserted by 65/1994 s 5\n\namended by 30/1996 s 37\n\nsubstituted by 52/1999 s 61\n\namended by 13/2006 ss 57, 65(1)\nss 98AAC\nss 98AAD\ns 98AAD(2)\namended by 14/2010 s 8\ns 98AAE\n\ns 98AAE(1)\ns 98AAE inserted by 52/1999 s 61\n\ns 98AAE amended and redesignated as s 98AAE(1) by 71/2009 s 19(1), (2)\ns 98AAE(2)\ninserted by 71/2009 s 19(2)\ns 98AAF\n\ns 98AAG\ninserted by 75/2013 s 3\nPt 3A\n\ns 98A\n\ns 98A(1)\namended by 14/1976 s 55(a)\n\namended by 120/1978 s 59(a)\n\namended by 13/2011 s 20\ns 98A(2)\nsubstituted by 14/1976 s 55(b)\n\namended by 8/2003 s 18(a)\n\namended by 10/2005 s 16(1)\ns 98A(2a)\nsubstituted by 14/1976 s 55(b)\ns 98A(2aa)\ninserted by 4/1986 s 9(a)\ns 98A(2b)\ninserted by 14/1976 s 55(b)\n\ndeleted by 52/1999 s 62(a)\ns 98A(3)\namended by 4/1986 s 9(b)\ns 98A(4)\ndeleted by 14/1976 s 55(c)\n\ninserted by 37/2002 s 14\ns 98A(7)\ns 98A(7a)\ndeleted by 52/1999 s 62(b)\ns 98A(9)\namended by 120/1978 s 59(b)\n\namended by 15/1989 s 20\n\namended by 52/1999 s 62(c)\ns 98A(10)\ninserted by 14/1976 s 55(d)\n\ns 98A(11)\ninserted by 8/2003 s 18(b)\n\ndeleted by 10/2005 s 16(2)\nPt 3A\nsubstituted by 56/2024 s 12\nPt 3B\namended by 14/1976 s 56\n\namended by 120/1978 s 60\n\namended by 40/1981 s 6\n\nsubstituted by 1/1992 s 8\ns 98AB\ninserted by 17/2001 s 13\ns 98B\n\ns 98B(1)\namended by 52/1999 s 63(a), (b)\ns 98B(1aa)\ninserted by 9/2025 s 16\ns 98B(1a)\ninserted by 34/1996 s 4 (Sch cl 24)\n\namended by 31/2013 s 43\n\ns 98B(2)\ndeleted by 52/1999 s 63(c)\ns 98B(3)\namended by 8/2003 s 19(a)\ns 98B(3a)—(3c)\ninserted by 8/2003 s 19(b)\ns 98BC\namended by 73/1996 s 2\n\nsubstituted by 52/1999 s 64\ns 98BC(1)\nsubstituted by 71/2009 s 20(1)\ns 98BC(2)\namended by 71/2009 s 20(2), (3)\ns 98BD\n\ns 98BD(1)\namended by 52/1999 s 65(a)\n\namended by 59/2007 s 12(1)\n\ns 98BD(2)\namended by 52/1999 s 65(a)\n\nsubstituted by 59/2007 s 12(2)\n\namended by 71/2009 s 21(1), (2)\n\namended by 70/2013 s 17\ns 98BD(3)\ndeleted by 59/2007 s 12(2)\ns 98BD(3a)\ninserted by 52/1999 s 65(b)\ns 98BE\n\ns 98BE(1)\nsubstituted by 52/1999 s 66(a)\n\nsubstituted by 59/2007 s 13(1)\ns 98BE(1a)—(1d)\ninserted by 52/1999 s 66(a)\n\ndeleted by 59/2007 s 13(1)\ns 98BE(2)\nsubstituted by 59/2007 s 13(1)\ns 98BE(2a)\ninserted by 59/2007 s 13(1)\n\namended by 70/2013 s 18\ns 98BE(3)\namended by 59/2007 s 13(2)\n\ndeleted by 71/2009 s 22(1)\ns 98BE(4)\ndeleted by 52/1999 s 66(b)\ns 98BE(5)\namended by 52/1999 s 66(c)—(e)\n\namended by 71/2009 s 22(2)\ns 98BF\ndeleted by 52/1999 s 67\n\ninserted by 71/2009 s 23\ns 98BG\n\ndeleted by 52/1999 s 67\ns 98BI\ninserted by 52/1999 s 68\ns 98BI(1)\namended by 71/2009 s 24(1)\ns 98BI(2)\n\nlicensing authority\namended by 71/2009 s 24(2)\nPt 3C\ninserted by 14/1976 s 57\ns 98C\namended by 120/1978 s 61\n\ndeleted by 13/2006 s 58\nDistrict Court\ninserted by 53/1996 s 5\n\ndeleted by 52/1999 s 69\ns 98D\namended by 120/1978 s 62\n\ns 98D(1)\n\ns 98DA\ninserted by 120/1978 s 63\n\ndeleted by 98/1981 s 4\ns 98E\namended by 120/1978 s 64\n\ns 98F\namended by 120/1978 s 65 \n\namended by 40/1981 s 7\n\ns 98F(1)\namended by 52/1999 s 70\ns 98G\namended by 120/1978 s 66\n\ns 98G(1)\ns 98H\ns 98H(3)\n\ns 98I\namended by 120/1978 s 67\n\ns 98J\namended by 120/1978 s 68\n\namended by 52/1999 s 71\ns 98JA\ninserted by 120/1978 s 69\n\ndeleted by 98/1981 s 4\ns 98K\namended by 120/1978 s 70\n\ns 98K(4)\ns 98K(5)\n\ns 98L\namended by 120/1978 s 71\n\ns 98L(3)\n\ns 98M\namended by 120/1978 s 72\n\ns 98MA\ns 98MA(2)\n\ns 98MB\ns 98MC\ns 98MC(1) and (2)\n\ns 98MD\ns 98MD(1)\n\ns 98MD(2)\namended by 17/2021 s 28\ns 98MD(3)\n\namended by 56/2024 s 13(1), (2)\ns 98MD(4)\n\ns 98ME\ns 98ME(1)\n\namended by 56/2024 s 14(1)\ns 98ME(3)—(5)\n\ns 98ME(7) and (9)\n\ns 98ME(10)\n\namended by 56/2024 s 14(2), (3)\ns 98ME(11)\n\namended by 56/2024 s 14(4)\ns 98ME(12)\n\ns 98ME(13)\n\namended by 56/2024 s 14(5)\ns 98ME(14)\n\ns 98MF\ns 98MF(1)\n\ns 98MG\ns 98MG(1)\n\ns 98MH\ns 98MH(1)\n\ns 98MI\ns 98MI(1)\n\ns 98MI(4) and (5)\ns 98MJ\ns 98MJ(1)\n\ns 98MK\ns 98MK(1)\n\ns 98ML before substitution by 38/2017\ns 98ML(1)\n\ns 98ML(2)\n\ns 98ML\nsubstituted by 38/2017 s 23\n\n(b)(i) deleted by 56/2024 s 15\ns 98N\namended by 98/1981 s 5\n\namended by 65/1996 s 11\n\ns 98O\n\ns 98O(1)\ns 98O inserted by 79/1976 s 13\n\ns 98O amended and redesignated as s 98O(1) by 120/1978 s 73\n\namended by 98/1981 s 6(a)\n\ns 98O(2)\n\namended by 98/1981 s 6(b)\n\ns 98O(3)\n\namended by 98/1981 s 6(c)\n\ns 98O(4)\n\namended by 17/2021 s 29\ns 98O(5)\ninserted by 98/1981 s 6(d)\ns 98P\ninserted by 79/1976 s 13\ns 98P(1)\ns 98P(2)\ns 98P(3)\namended by 120/1978 s 74(a)—(d)\n\ns 98P(3a)\ninserted by 120/1978 s 74(e)\n\ns 98P(4)\namended by 120/1978 s 74(f), (g)\n\namended by 98/1981 s 7\n\ns 98P(4a)\ninserted by 120/1978 s 74(h)\n\ns 98P(5) and (6)\ns 98P(7)\n\ns 98P(8) and (9)\n\ns 98P(10)\n\ns 98PA\ns 98PA(1)\ns 98PA(2)\n\ns 98PB\n\ndeleted by 52/1999 s 72\ns 98PC\n\nsubstituted by 12/1987 s 3\n\ns 98PC(1)\namended by 14/2019 s 121\ns 98PD\n\namended by 14/2019 s 122\ns 98PE before substitution by 14/2019\n\ns 98PE(2)\ns 98PE\nsubstituted by 14/2019 s 123\ns 98PF before substitution by 14/2019\n\namended by 4/2000 s 9(1) (Sch 1 cl 26(f))\ns 98PF\nsubstituted by 14/2019 s 123\ns 98PG\n\ns 98PG(1)\n\namended by 14/2019 s 124(1)\ns 98PG(2)\namended by 14/2019 s 124(2)\ns 98PH\ninserted by 53/1996 s 6\n\namended by 4/2000 s 9(1) (Sch 1 cl 26(g)—(j))\n\ndeleted by 52/1999 s 73\nPt 3D\ninserted by 120/1978 s 75\n31.5.1979\n\nheading amended by 20/2025 s 3\ns 98R\n\ns 98R(1)\namended by 10/1983 s 2\n\nsubstituted by 13/1998 s 3(a)\n\namended by 20/2025 s 4(1)—(3)\ns 98R(2a)\ninserted by 13/1998 s 3(b)\ns 98R(3)\namended by 13/1998 s 3(c)\n\namended by 20/2025 s 4(2)\ns 98R(4)\nsubstituted by 13/1998 s 3(d)\n\namended by 20/2025 s 4(1)\ns 98S\nsubstituted by 54/1991 s 4\n3.2.1992\ns 98S(1)\nsubstituted by 13/1998 s 4\n\namended by 20/2025 s 5(1)—(3)\ns 98S(3)\ninserted by 20/2025 s 5(4)\ns 98T\n\ns 98T(1)\nsubstituted by 13/1998 s 5(a)\n\nsubstituted by 39/1999 Sch cl 8(a)\n\ns 98T(1a)\n\ns 98T(1b)\n\namended by 20/2025 s 6(1), (2)\ns 98T(1c)\n\ns 98T(2)\namended by 13/1998 s 5(b)\n\namended by 20/2025 s 6(1), (2)\ns 98T(4)\nsubstituted by 39/1999 Sch cl 8(b)\ns 98T(6)\nsubstituted by 14/2019 s 125(1)\ns 98T(7) and (8)\ninserted by 14/2019 s 125(2)\ns 98U\n\namended by 13/1998 ss 6, 10 (Sch)\n\namended by 20/2025 s 7(1), (2)\ns 98V\n\ns 98V(1)\namended by 13/1998 s 7\n\namended by 20/2025 s 8(1), (2)\ns 98V(2)\namended by 38/2017 s 24(1)\n\namended by 20/2025 s 8(2)\ns 98V(3)\n\namended by 13/2011 s 21\n\namended by 38/2017 s 24(2)\ns 98W\ndeleted by 52/1999 s 74\ns 98WA\ninserted by 13/1998 s 8\ns 98WA(1)\namended by 20/2025 s 9\ns 98X\n\ns 98X(1)\ns 98X amended and redesignated as s 98X(1) by 13/1998 s 9\n\namended by 20/2025 s 10(1)\ns 98X(2)\ninserted by 13/1998 s 9(b)\n\nsubstituted by 20/2025 s 10(2)\nPt 3E\ninserted by 52/1999 s 75\ns 98Y\ndeleted by 8/2015 s 125\ns 98Z before substitution by 8/2015\n\ns 98Z(1)\namended by 67/1999 s 4\ns 98Z\nsubstituted by 8/2015 s 126\ns 98Z(1)\namended by 17/2021 s 30\n11.5.2032\ns 98ZA before substitution by 14/2019\n\ns 98ZA(1)\namended by 4/2000 s 9(1) (Sch 1 cl 27(b))\n\namended by 8/2015 s 127(1)\ns 98ZA(2)\nsubstituted by 64/2013 s 11\n\namended by 8/2015 s 127(2), (3)\ns 98ZA(4)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 27(c))\ns 98ZA(6)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 27(d))\ns 98ZA\nsubstituted by 14/2019 s 126\ns 98ZA(1)\nsubstituted by 17/2021 s 31\ns 98ZC\ndeleted by 4/2000 s 9(1), (Sch 1 cl 27(e))\nPt 4\n\ns 99\n\ns 99(1)\namended by 5/1993 s 4(a)\n\namended by 16/2016 Sch 1 cl 11(1)\nGST law\ninserted by 17/2002 s 15\nthe insurance premium committee\ndeleted by 16/2016 Sch 1 cl 11(2)\nmobile fork lift\ninserted by 52/1999 s 76(a)\nMinister\nparticipant\ninserted by 9/2004 s 77(1)\npassenger\ninserted by 5/1993 s 4(b)\nroad race\ninserted by 9/2004 s 77(2)\nself-propelled lawn care machine\ninserted by 52/1999 s 76(b)\nterrorist act\ninserted by 16/2007 s 3(1)\ntransitional period\ninserted by 16/2016 Sch 1 cl 11(3)\n\ndeleted by 5/2019 s 5\ns 99(1a)\n\namended by 34/2002 s 23\ns 99(3)\ninserted by 127/1986 s 3\n\namended by 40/1988 s 3\n\namended by 5/1993 s 4(c)\n\nsubstituted by 67/1998 s 5\n\namended by 16/2007 s 3(2)\n\namended by 23/2011 s 4(1), (2)\n\namended by 16/2016 Sch 1 cl 11(4)\ns 99(3a)\ninserted by 16/2007 s 3(3)\n\namended by 23/2011 s 4(3)\n\namended by 16/2016 Sch 1 cl 11(4)\ns 99(4)\ninserted by 30/1996 s 38\n\namended by 51/1997 s 7\n\namended by 52/1999 s 76(c)\n\namended by 23/2011 s 4(4)\n\namended by 16/2016 Sch 2 cl 11(4)\ns 99A\n\ns 99A(1)\namended by 20/1990 s 25(a)\n\namended by 16/2016 Sch 1 cl 12(1)\ns 99A(2)\nsubstituted by 16/2016 Sch 1 cl 12(2)\n\nsubstituted by 5/2019 s 6(1)\ns 99A(2a)\ninserted by 40/2013 s 5\n\namended by 16/2016 Sch 1 cl 12(3)\n\namended by 5/2019 s 6(2)\ns 99A(3)\namended by 16/2016 Sch 2 cl 12(4)\ns 99A(4)\namended by 16/2016 Sch 2 cl 12(5), (6)\ns 99A(7)\n\namended by 13/2011 s 22\ns 99A(8)\namended by 53/1989 s 2\n\namended by 20/1990 s 25(b), (c)\n\namended by 16/2016 Sch 2 cl 12(7)\ns 99A(9)\nsubstituted by 16/2016 Sch 2 cl 12(8)\ns 99A(9a)\ninserted by 16/2016 Sch 2 cl 12(8)\n\nsubstituted by 5/2019 s 6(3)\ns 99A(9b) and (9c)\ninserted by 5/2019 s 6(3)\ns 99A(14)\nsubstituted by 16/2016 Sch 1 cl 12(9)\ns 99A(15)\ninserted by 16/2016 Sch 1 cl 12(9)\ns 99A(15) and (16)\ndeleted in pursuance of the Acts Republication Act 1967 as their function is now exhausted\ns 99A(19)\namended by 65/1996 s 12\ns 99A(20)\ninserted by 5/2019 s 6(4)\ns 100\namended by 120/1978 s 76\n\namended by 5/1993 s 5\n\ndeleted by 17/2002 s 16\ns 101\n\ns 101(1)\nsubstituted by 16/2016 Sch 1 cl 13(1)\ns 101(1a) and (1b)\ninserted by 17/2002 s 17(a)\n\ndeleted by 16/2016 Sch 1 cl 13(1)\ns 101(2)\namended by 17/2002 s 17(b)\n\nsubstituted by 16/2016 Sch 1 cl 13(1)\n\ndeleted by 5/2019 s 7\ns 101(2a)\ninserted by 16/2016 Sch 1 cl 13(1)\n\ndeleted by 5/2019 s 7\ns 101(2b) and (2c)\ninserted by 16/2016 Sch 1 cl 13(1)\ns 101(3)\nsubstituted by 47/1995 Sch 4 cl 1(1)\n1.5.1995\n\namended by 16/2016 Sch 1 cl 13(2)\ns 101(5)\nsubstituted by 16/2016 Sch 1 cl 13(3)\ns 101(5a) and (5b)\ninserted by 16/2016 Sch 1 cl 13(3)\ns 101(6)\nsubstituted by 16/2016 Sch 1 cl 13(4)\ns 101(8)\namended by 16/2016 Sch 1 cl 13(5)\ns 102\n\ns 102(1)\namended by 120/1978 s 77(a)\n\nsubstituted by 30/1996 s 39(a)\n\namended by 26/2008 s 18(1)\n\namended by 31/2013 s 44(1)\ns 102(1a)\n\nsubstituted by 7/2017 s 84(1)\n\nThe amendment to s 102(1a) purportedly made by Sch 1 Pt 4 of 38/2017 is of no effect because of other amendments.\n\ns 102(1b)\ns 102(1c)\n\nsubstituted by 7/2017 s 84(2)\n\nThe amendment to s 102(1c) purportedly made by Sch 1 Pt 4 of 38/2017 is of no effect because of other amendments.\n\ns 102(2)\namended by 120/1978 s 77(b)—(d)\n\nsubstituted by 11/1989 Sch\n\namended by 53/1989 s 3(a), (b)\n\namended by 65/1989 s 5\n\namended by 30/1996 s 39(b), (c)\n\namended by 26/2008 s 18(2)\n\namended by 22/2010 s 31(2)\n\namended by 31/2013 s 44(2)\ns 102(2a)\ninserted by 11/1989 Sch\n\ndeleted by 53/1989 s 3(c)\ns 102(3)\n\ninserted by 52/1999 s 77(a)\ns 102(3aa)\ninserted by 22/2010 s 31(3)\ns 102(3a)\ninserted by 73/1992 s 4(b)\n\namended by 22/2010 s 31(4)\ns 102(3b)\ninserted by 52/1999 s 77(a)\ns 102(3c)\ninserted by 22/2010 s 31(5)\ns 102(3d)\ninserted by 22/2010 s 31(5)\n\ns 102(4)\namended by 52/1999 s 77(b)\ns 102(7)\ninserted by 52/1999 s 77(c)\namended by 22/2010 s 31(6)\ns 103 before deletion by 22/2010\n\ns 103(1)\namended by 120/1978 s 78\n\namended by 13/2006 ss 65(1), (3), 66\ns 103\ndeleted by 22/2010 s 32\ns 104 before substitution by 16/2016\n\ns 104(1)\ns 104 amended by 14/1976 s 58\n\ns 104 amended by 5/1993 s 6\n\ns 104 redesignated as s 104(1) by 9/2004 s 78\ns 104(2)\ninserted by 9/2004 s 78\ns 104\nsubstituted by 16/2016 Sch 1 cl 14\ns 106\ndeleted by 14/1976 s 59\ns 108\ndeleted by 14/1976 s 59\ns 110\n\ns 110(1)\namended by 14/1976 s 60\n\namended by 120/1978 s 79(a)\n\ns 110(3)\namended by 5/1993 s 7\n\ns 110(8)\namended by 120/1978 s 79(b)\n\namended by 13/2011 s 23\ns 111\ns 111A\namended by 14/1976 s 61\ns 112\namended by 14/1976 s 62\ns 113\n\ns 113(1)\namended by 14/1976 s 63\n\namended by 5/1993 s 8\n\ns 113(2)\ns 113A\ninserted by 67/1998 s 6\ns 114\namended by 53/2005 s 6\ns 115\n\ns 115(1)\namended by 14/1976 s 64(a)\n\namended by 5/1993 s 9\ns 115(3)\namended by 14/1976 s 64(b)\ns 115(4)\ns 116\n\ns 116(1)\nsubstituted by 14/1976 s 65(a)\nuninsured motor vehicle\nsubstituted by 16/2016 Sch 1 cl 15\n\nsubstituted by 10/2016 s 4\n\namended by 51/2024 s 5\ns 116(2)\namended by 5/1993 s 10(a)\ns 116(3)\nsubstituted by 5/1993 s 10(b)\ns 116(4)\ninserted by 14/1976 s 65(b)\ns 116(5)\ninserted by 14/1976 s 65(b)\n\ns 116(7)\nsubstituted by 5/1993 s 10(c)\n\nsubstituted by 37/2002 s 15\n\namended by 23/2011 s 5(1)\n\ns 116(7aa)\ninserted by 23/2011 s 5(2)\ns 116(7a)\n\namended by 23/2011 s 5(3), (4)\ns 116(7ab)\ninserted by 23/2011 s 5(5)\ns 116(7b)\ns 116(7c)\n\namended by 22/2010 s 33\ns 116(7d)\n\namended by 23/2011 s 5(6)\ns 116(7e)\ninserted by 23/2011 s 5(7)\ns 116A\n\ns 116A(1)\namended by 17/2001 s 14\ns 118\namended by 14/1976 s 66\n\ndeleted by 5/1993 s 11\ns 118A\n\ns 118A(2)\ns 118B\ninserted by 67/1998 s 7\ns 118B(1)\namended by 15/2013 Sch 2 cl 14(1)\ns 118B(2)\namended by 23/2011 s 6\n\n(c) deleted by 23/2011 s 6\n\namended by 15/2013 Sch 2 cl 14(2), (3)\ns 119\nsubstituted by 14/1976 s 67\ns 123\nsubstituted by 127/1986 s 4\n\ns 124\n\ns 124(1)\namended by 23/2011 s 7(1)\ns 124(2)\n\ns 124(3)\namended by 23/2011 s 7(2)\n\ns 124(3a)\ninserted by 67/1998 s 8(a)\n\namended by 23/2011 s 7(3)\ns 124(3b)\ninserted by 67/1998 s 8(a)\ns 124(4)\n\ns 124(5)\n\namended by 22/2010 s 34\n\ns 124(6)\namended by 120/1978 s 80\n\ns 124(6a)\ninserted by 67/1998 s 8(b)\n\namended by 17/2002 s 18\n\namended by 23/2011 s 7(4)\ns 124(6b)\ninserted by 67/1998 s 8(b)\n\namended by 17/2002 s 18\ns 124AA\ninserted by 23/2011 s 8\ns 124AA(2)\namended by 16/2016 Sch 1 cl 16\ns 124A\nsubstituted by 127/1986 s 5\ns 124A(1)\namended by 5/1993 s 12\n\namended by 23/2011 s 9(1)\n\ns 124A(1a)—see s 124A(2a)\n\ns 124A(2)\namended by 23/2011 s 9(5), (6)\n\ns 124A(2a)\ns 124A(1a) inserted by 67/1998 s 9\n\ns 124A(1a) amended and redesignated as s 124A(2a) by 23/2011 s 9(2)—(4)\ns 124A(2b)\ninserted by 23/2011 s 9(7)\ns 124A(3)\ninserted by 9/2004 s 79\n\ns 124A(4)\ninserted by 23/2011 s 9(8)\ns 124AB\ninserted by 127/1986 s 5\ns 124AB(1)\namended by 5/1993 s 13\n\namended by 23/2011 s 10(1)\n\ns 124AB(3)—(5)\ninserted by 23/2011 s 10(2)\ns 124AC\ninserted by 67/1998 s 10\ns 125\n\ns 125(2)\ns 125(3)\namended by 66/1981 s 2\ns 125A\ninserted by 119/1983 s 2\ns 125A(3)\ns 125B\ninserted by 67/1998 s 11\ns 126A\ninserted by 15/2013 Sch 2 cl 15\ns 126A(6)\ns 127\nsubstituted by 127/1986 s 6\ns 127(2)\n(a) deleted by 15/2013 Sch 2 cl 16(1)\ns 127(3) and (4)\ndeleted by 15/2013 Sch 2 cl 16(2)\ns 127(5)\namended by 23/2011 s 11\n\ndeleted by 15/2013 Sch 2 cl 16(2)\ns 127(6a)\ninserted by 29/1996 s 8\ns 127(8)\ndeleted by 15/2013 Sch 2 cl 16(3)\ns 127A\ninserted by 67/1998 s 12\ns 127A(1)\n\nprescribed limit\namended by 26/2009 s 4(1)\nprescribed scale\namended by 26/2009 s 4(2)\ns 127A(2)\namended by 26/2009 s 4(3)\ns 127A(3a)\ninserted by 15/2013 Sch 2 cl 17\ns 127A(4)\namended by 26/2009 s 4(4)\ns 127B\ninserted by 15/2013 Sch 2 cl 18\ns 127B(2)\ns 127C\ninserted by 15/2013 Sch 2 cl 18\ns 128\n\ns 128(2)\namended by 120/1978 s 81(a)\n\ns 128(3)\namended by 120/1978 s 81(b)\n\ns 129 before deletion by 16/2016\n\ns 129(1a)\ns 129(2)\namended by 69/1992 s 18\n10.12.1992\n\namended by 17/2002 s 19(a)—(c)\ns 129(2a)\ninserted by 17/2002 s 19(d)\ns 129(3)\namended by 17/2002 s 19(e)\ns 129(5a)\ninserted by 17/2002 s 19(f)\ns 129(6)\namended by 17/2002 s 19(g)\ns 129(7) and (8)\ninserted by 17/2002 s 19(h)\ns 129\ndeleted by 16/2016 Sch 1 cl 17\ns 129A\nsubstituted by 5/2019 s 8\ns 130\ndeleted by 5/1993 s 14\ns 131\namended by 5/1993 s 15\n\namended by 22/2010 s 35\ns 132\n\ns 132(1)\namended by 4/2000 s 9(1) (Sch 1 cl 26(k))\ns 132(2)\namended by 4/2000 s 9(1) (Sch 1 cl 26(l))\ns 133\n\ns 133(1)\ns 133 amended and redesignated as s 133(1) by 5/1986 s 3\n\namended by 5/1993 s 16\ns 133(2)\ninserted by 5/1986 s 3(b)\ns 133(3)\ninserted by 5/1986 s 3(b)\n\ns 134\n\ns 134(1)\namended by 120/1978 s 82\n\ns 134(2)\ns 134A\ninserted by 14/1976 s 68\n\namended by 79/1976 s 14\n\namended by 98/1981 s 9\n\ndeleted by 52/1999 s 78\ns 134A\ninserted by 15/2013 Sch 2 cl 19\n\ndeleted by 16/2016 Sch 1 cl 18\nPt 4A\ninserted by 10/2016 s 5\ns 134F\n\ns 134F(4)\ns 134I\n\ns 134I(2)\ns 134L\ns 134M\n\ns 134M(3)\nPt 4B\ninserted by 56/2024 s 16\nPt 5\n\ns 135\n\ns 135(1)\nsubstituted by 120/1978 s 83(a)\n\nsubstituted by 98/1981 s 10\n\nsubstituted by 11/1989 Sch\n\namended by 71/2009 s 25(1)\ns 135(2)\ns 135(4)\ninserted by 120/1978 s 83(b)\ns 135(5) and (6)\ninserted by 71/2009 s 25(2)\ns 135A\ninserted by 120/1978 s 84\n\namended by 98/1981 s 11\n\ns 135B\ninserted by 52/1999 s 79\ns 135B(1)\ns 135C\ninserted by 52/1999 s 79\ns 136\n\ns 136(1)\namended by 120/1978 s 85(a)\n\namended by 29/1996 s 9(a)\n\ns 136(1a)\namended by 120/1978 s 85(b)\n\namended by 29/1996 s 9(b)\n\ndeleted by 52/1999 s 80(a)\ns 136(2)\namended by 120/1978 s 85(c)\n\namended by 65/1996 s 13\n\namended by 29/1996 s 9(c)\n\ns 136(2a)\ninserted by 30/1996 s 40\n\ns 136(2b) and (2c)\ninserted by 52/1999 s 80(a)\n\ns 136(2d)\ninserted by 59/2007 s 14(1)\n\ns 136(3)\ninserted by 29/1996 s 9(d)\n\namended by 52/1999 s 80(b)\n\namended by 59/2007 s 14(2)\ns 136(4) and (5)\ninserted by 29/1996 s 9(d)\ns 137\namended by 120/1978 s 86\n\namended by 65/1996 s 14\n\namended by 13/2011 s 25\n\namended by 56/2024 s 17\ns 137A\ninserted by 52/1999 s 81\n\namended by 13/2011 s 26\n\namended by 17/2021 s 32\ns 138\namended by 120/1978 s 87\n\nsubstituted by 52/1999 s 81\ns 138(4)\namended by 13/2011 s 27\ns 138A\ninserted by 120/1978 s 88\n\namended by 98/1981 s 12\n\namended by 99/1996 s 5\n\namended by 52/1999 s 82\n\namended by 56/2024 s 18\ns 138B\ninserted by 120/1978 s 88\ns 138B(1)\nsubstituted by 53/1998 s 2(a)\ns 138B(2)\namended by 53/1998 s 2(b)\n\namended by 38/2017 s 25(1)\ns 138B(3)\nsubstituted by 53/1998 s 2(c)\n\namended by 38/2017 s 25(2)\ns 138B(4)\namended by 20/1990 s 26(a)\n\namended by 7/2017 s 85(1)\n\namended by 38/2017 s 25(3)\ns 138B(5)\n\namended by 13/2011 s 28\ns 138B(6)\namended by 20/1990 s 26(b), (c)\n\namended by 53/1998 s 2(d)\n\namended by 7/2017 s 85(2)\ns 138B(7)\namended by 53/1998 s 2(e), (f)\ns 138B(8)\ninserted by 53/1998 s 2(g)\ns 138C\ninserted by 54/2004 s 4\n\ndeleted by 38/2017 s 26\ns 139 before substitution by 54/2017\n\ns 139(1)\ns 139 amended by 82/1990 s 3\n\ns 139 amended by 4/1993 s 10\n\ns 139 amended and redesignated as s 139(1) by 99/1996 s 6\n\namended by 14/1998 s 5\n\namended by 52/1999 s 83\n\namended by 64/2013 s 12(1), (2)\ns 139(2)\n\n(a) deleted by 30/2000 s 4(a)\ns 139(3)\n\ndeleted by 30/2000 s 4(b)\ns 139(4)\ns 139(5)\n\ns 139\nsubstituted by 54/2017 s 9\ns 139(4)\ns 139(5)\ns 139(8)\ns 139(15)\n\nauthorised vehicle inspector\n(b) deleted by 56/2024 s 19(2)\ns 139AA\ninserted by 99/1996 s 7\n\namended by 52/1999 s 84\n\namended by 64/2013 s 13\ns 139A\n\ns 139A(2)\namended by 4/2000 s 9(1) (Sch 1 cl 26(m))\ns 139B\namended by 98/1981 s 13\n\namended by 120/1978 s 89\n\ndeleted by 52/1999 s 85\ns 139BA\ninserted by 15/1989 s 21\ns 139BA(2)\nsubstituted by 38/2017 s 27\ns 139BA(3)\n\namended by 13/2006 s 60\nss 139BB and 139BC\ninserted by 15/1989 s 21\ns 139BD\ninserted by 59/2007 s 15\ns 139BD(2)\ns 139BD(3)\namended by 26/2009 s 5(1)\n\namended by 38/2017 s 28\n\ns 139BD(5)\nsubstituted by 26/2009 s 5(2)\ns 139BD(8)\namended by 48/2024 s 8(1)\ns 139BD(9)\namended by 54/2017 s 10(1), (2)\ns 139BD(9a)\ninserted by 48/2024 s 8(2)\ns 139BD(11)\n\nnotice of disqualification\namended by 14/2010 s 9\n\namended by 54/2017 s 10(3)\n\namended by 49/2021 Sch 1 cl 6\ns 139C\n\ns 139C(1)\ns 139C inserted by 98/1981 s 14\n\ns 139C redesignated as s 139C(1) by 52/1999 s 86\n\namended by 59/2007 s 16(1), (2)\n\nsubstituted by 38/2017 s 29\n\namended by 38/2017 Sch 1 Pt 4 (The amendment to s 139C(1) purportedly made by Schedule 1 is of no effect because of other amendments).\n\ns 139C(2)\ninserted by 52/1999 s 86\n\namended by 59/2007 s 16(3)\ns 139D\ninserted by 87/1992 s 3\ns 139D(1)\n\namended by 60/1998 s 42\n\namended by 13/2006 s 61\n\namended by 26/2008 s 20\n15.5.2010\n\namended by 31/2013 s 45\n\namended by 35/2013 s 6\n\namended by 21/2016 Sch 2 cl 6\n1.2.2017\n\namended by 45/2017 Sch 1 cl 2\n\namended by 38/2017 s 30\n\namended by 71/2017 Sch 1 cl 31\ns 139D(3)\ninserted by 76/2000 s 7\ns 139D(4)\ns 139D(3) inserted by 91/2000 s 8(l)\n\ns 139D(3) redesignated as s 139D(4) in pursuance of the Acts Republication Act 1967\n\namended by 71/2009 s 26\ns 139E\ninserted by 53/1996 s 7\ns 139E(1)\namended by 60/1998 s 43\n\namended by 52/1999 s 87(a)\n\ndeleted by 84/2009 s 219\ns 139E(2)\ndeleted by 84/2009 s 219\ns 139E(3)\ninserted by 52/1999 s 87(b)\ns 139F\ninserted by 99/1996 s 8\n\namended by 52/1999 s 88\n\ndeleted by 13/2006 s 62\ns 139G\ninserted by 76/2000 s 8\n\ns 140\n\ns 140(1)\ns 140 amended by 120/1978 s 90\n\ns 140 amended by 98/1981 s 15\n\ns 140 redesignated as s 140(1) by 52/1999 s 89\ns 140(2)\ninserted by 52/1999 s 89\ns 141\n\ns 141(1)\ns 141 amended by 14/1976 s 69\n\ns 141 amended by 120/1978 s 91\n\ns 141 amended by 98/1981 s 16\n\ns 141 amended by 29/1996 s 10(a)\n\ns 141 amended by 29/1996 s 10(b)\n\ns 141 amended by 30/1996 s 41\n\ns 141 amended by 65/1996 s 15\n\ns 141 amended by 52/1999 s 90(a)\n\ns 141 amended by 52/1999 s 90(b)\n\ns 141 redesignated as s 141(1) by 52/1999 s 90(c)\n\namended by 59/2007 s 17\n\namended by 71/2009 s 27\n\namended by 70/2013 s 19\n\n(h) deleted by 7/2017 s 86\n\namended by 25/2019 s 65\ns 141(2)\ninserted by 52/1999 s 90(c)\n\namended by 35/2013 s 7\ns 141(2a)\ninserted by 38/2017 s 31\ns 141(3) and (4)\ninserted by 52/1999 s 90(c)\ns 142\namended by 14/1976 s 70\n\namended by 98/1981 s 17\n\namended by 1/1992 s 9\n\n(b), (ba) and (ca) deleted by 52/1999 s 91\n\namended by 22/2010 s 36\n\namended by 7/2017 s 87\n\namended by 17/2021 s 33(1), (2)\ns 142A\ninserted by 20/1990 s 27\n\namended by 26/2008 s 21\n\namended by 38/2017 s 32\ns 143\n\ns 143(1)\namended by 98/1981 s 18\ns 143(2)\ns 143A\ninserted by 98/1981 s 19\n\ndeleted by 16/2013 s 70\n17.6.2013\ns 143B\ninserted by 13/2006 s 63\ns 143B(1)\namended by 56/2024 s 20\ns 144\nsubstituted by 13/1998 s 10 (Sch)\n\ndeleted by 71/2009 s 28\ns 144A\ns 145\n\ns 145(1)\ns 145(a1) deleted by 14/1976 s 71\n\ns 145(c1) deleted by 14/1976 s 71\n\ns 145 amended by 14/1976 s 71\n\ns 145 amended by 37/1980 s 7\n\ns 145 amended by 49/1981 s 4\n\ns 145 amended and redesignated as s 145(1) by 98/1981 s 20\n\namended by 4/1986 s 10\n\namended by 94/1986 s 9\n\namended by 4/1993 s 11\n\namended by 99/1996 s 9\n\namended by 14/1998 s 6(a)\n\namended by 52/1999 s 92(a)\n\namended by 8/2003 s 20\n\namended by 54/2004 s 5\n\namended by 10/2005 s 17(1), (2)\n\namended by 13/2006 ss 64, 65(2)\n\namended by 14/2010 s 10\n\namended by 13/2011 s 29(1), (2)\n\namended by 22/2010 s 37(1), (2)\n\namended by 31/2013 s 46\n\namended by 70/2013 s 20\n\namended by 7/2017 s 88\n\n(fb) deleted by 38/2017 s 33(1)\n\namended by 38/2017 s 33(2)\n\namended by 25/2019 s 66\n\namended by 56/2024 s 21(1)—(3)\ns 145(1a)\ninserted by 14/1998 s 6(b)\n\namended by 13/2011 s 29(3), (4)\ns 145(1b)\ninserted by 24/2023 s 11\n1.1.2024\ns 145(1c)—(1e)\ninserted by 56/2024 s 21(4)\ns 145(2)\ninserted by 98/1981 s 20(b)\n\nsubstituted by 14/2007 s 6\n\namended by 38/2017 s 33(3)\ns 145(3)\ninserted by 77/1995 s 16\n\namended by 52/1999 s 92(b)\n\nsubstituted by 14/2007 s 6\ns 145(4)\ninserted by 14/1998 s 6(c)\n\ndeleted by 14/2007 s 6\n\ninserted by 17/2021 s 34\ns 145(5)—(7)\ninserted by 52/1999 s 92(c)\n\ndeleted by 14/2007 s 6\ns 145(8)\ninserted by 52/1999 s 92(c)\nwritten-off motor vehicle\nsubstituted by 17/2001 s 15\ns 146\nsubstituted by 52/1999 s 93\n\ndeleted by 14/2007 s 7\ns 147\n\ns 147(1)\namended by 65/1996 s 16\ns 148\n\ns 148(1)\namended by 6/2004 s 5(1), (2)\n\ns 148(2)\namended by 6/2004 s 5(3)\n\ns 148(3)\nSch 1\n\ninserted by 22/2010 s 38\ncl 2\n\ncl 2(1)\namended by 17/2021 s 35(1)\ncl 2(2)\n\namended by 17/2021 s 35(2)\ncl 4\namended by 24/2022 s 4(1), (2)\nSch 2\n\ninserted by 70/2013 s 21\ncl 1\n\ncl 1(2)\ncl 3\nsubstituted by 8/2021 s 13(1)\ncl 4\n\ncl 4(1a)\ninserted by 8/2021 s 13(2)\ncl 4(2)\n\nrecognised activity participation\nsubstituted by 8/2021 s 13(3)\nrecognised sporting activity participation\ninserted by 8/2021 s 13(3)\ncl 5\n\ncl 5(1)\namended by 8/2021 s 13(4)\nSch 3\namended by 12/1991 Sch\n1.7.1991\n\nsubstituted by 1/1992 s 10 (Sch 1)\n\namended by 73/1996 s 3\n\namended by 76/1998 Sch\n14.1.1999\n\ndeleted by 52/1999 s 94\nSch 4 before deletion by 16/2016\n\ncl 1\namended by 5/1993 s 17(a)\n\namended by 23/2011 s 12(1)\ncl 2\namended by 127/1986 s 7\n\nsubstituted by 5/1993 s 17(b)\n\namended by 65/1996 s 17\n\namended by 23/2011 s 12(2), (3)\ncl 3\ninserted by 5/1993 s 17(b)\ncl 4\ninserted by 9/2004 s 80\nSch 4\ndeleted by 16/2016 Sch 2 cl 19\nSch 5 before deletion by 14/2019\ninserted by 53/1996 s 8\ncl 4\namended by 4/2000 s 9(1) (Sch 1 cl 26(n))\nSch 5\ndeleted by 14/2019 s 127\nSch 6 before deletion by 7/2017\ninserted by 8/2009 s 26\nSch 6\ndeleted by 7/2017 s 89\nTransitional etc provisions associated with Act or amendments\nMotor Vehicles Act Amendment Act (No. 4) 1986\n8—Transitional provision\nThe amendments made by this Act do not affect a cause of action, right or liability that arose before the commencement of this Act.\nMotor Vehicles Act Amendment Act (No. 3) 1989\n7—Transitional provision\n\t(1)\tSubject to subsection (2), sections 78, 81A(1), (2) and (3) and 81B of the principal Act, as in force immediately prior to the commencement of this Act, continue to apply to and in relation to a person who is, as at that commencement, the holder of a learner's permit or a licence subject to probationary conditions, as if the amendments effected by this Act had not been enacted.\n\t(2)\tSubsection (1) does not apply in relation to a learner's permit or licence issued subsequent to the cancellation of a permit or licence referred to in that subsection.\nMotor Vehicles Act Amendment Act (No. 5) 1989\n6—Transitional provision\n\t(1)\tWhere an articulated motor vehicle was, immediately prior to the commencement of this Act, registered under the principal Act (otherwise than pursuant to section 33A), the prime mover and semi-trailer portions of that vehicle will each be taken to be registered for the balance of the period for which the vehicle was registered.\narticulated motor vehicle has the meaning assigned to that expression under the principal Act immediately prior to the commencement of this Act.\nMotor Vehicles Act Amendment Act (No. 2) 1990\n6—Certain acts declared valid\n\t(a)\tthe Registrar has, before the commencement of this Act, purported to authorise a person or body to exercise or discharge a power or duty under the principal Act; and\n\t(b)\tthat person or body has purportedly exercised or discharged that power or duty in accordance with the authorisation,\nthat purported exercise or discharge of the power or duty is declared to be a valid exercise or discharge of the power or duty as if it had been exercised or discharged, in accordance with the principal Act, by the person on whom the power or duty is conferred by that Act.\nMotor Vehicles (Licences and Demerit Points) Amendment Act 1992, Sch 2\n1—Demerit points incurred before commencement of Act\nDemerit points incurred by a person and recorded or required to be recorded against the person under Part 3B of the principal Act as in force immediately before the commencement of this Act will be taken to have been incurred by the person under that Part as substituted by this Act as if that substituted Part had been in force when the demerit points were incurred.\n2—Increase, decrease or imposition of demerit points\n\t(1)\tWhere Schedule 3 of the principal Act as substituted by this Act increases the number of demerit points prescribed in respect of an offence or prescribes demerit points in respect of an offence where previously none were prescribed, the increase in or imposition of demerit points only applies in respect of offences committed on or after the commencement of this Act.\n\t(2)\tWhere Schedule 3 of the principal Act as substituted by this Act decreases the number of demerit points prescribed in relation to an offence, the decrease applies only in relation to demerit points incurred after the commencement of this Act whether in respect of offences committed before, on or after that commencement.\nStatutes Amendment (Motor Vehicles and Wrongs) Act 1993\n19—Transitional provision\nThe amendments made by this Act do not affect a cause of action, right or liability that arose before the commencement of this Act.\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nMotor Vehicles (Demerit Points) Amendment Act 1996\n4—Effect of disqualification notices issued prior to commencement of Act\n\t(1)\tSubject to subsection (2), a notice of disqualification issued under Part 3B of the principal Act prior to the commencement of this Act will be taken to have been issued under that Part as amended by section 2 of this Act.\n\t(2)\tSubsection (1) does not apply in relation to criminal proceedings commenced or completed after the commencement of this Act that relate to the driving of a vehicle before that commencement.\nMotor Vehicles (Trade Plates) Amendment Act 1996\n18—Transitional provisions\n\t(1)\tA trader's plate issued under the principal Act as in force immediately before the commencement of this Act will be taken to be a trade plate for the purposes of the principal Act as in force after that commencement.\n\t(2)\tDespite subsection (1)—\n\t(a)\tthe provisions of section 66 of the principal Act as in force immediately before the commencement of this Act continue to apply in relation to a motor vehicle to which general trader's plates issued under the principal Act as in force immediately before that commencement are affixed in accordance with the regulations;\n\t(b)\tthe provisions of section 67 of the principal Act as in force immediately before the commencement of this Act continue to apply in relation to a motor vehicle to which limited trader's plates issued under the principal Act as in force immediately before that commencement are affixed in accordance with the regulations,\nbut only for the unexpired portion of the period for which the plates were issued.\nMotor Vehicles (Miscellaneous No. 2) Amendment Act 1996\n42—Transitional provision\n\t(1)\tA probationary licence in force immediately before the commencement of this Act continues in force, subject to the principal Act and any other Act, as if it were a provisional licence and as if the probationary conditions of the licence were provisional licence conditions.\n\t(2)\tA reference in any Act, statutory instrument, notice, order or other document to a probationary licence or probationary conditions will, unless the context otherwise requires, be taken to be a reference to a provisional licence or provisional licence conditions as the case may be.\nStatutes Amendment (Motor Accidents) Act 1998\n14—Transitional provision\n\t(1)\tAn amendment made by this Act does not affect a cause of action, right or liability that arose before the commencement of the amendment.\n\t(2)\tHowever, subsection (1) does not derogate from the operation of section 105 of the Motor Vehicles Act 1959.\nMotor Vehicles (Miscellaneous) Amendment Act 1999\n97—Report on operation of amended Act\nThe Minister must, within six sitting days after the first anniversary of the date of commencement of this Act, cause a report on the operation of the principal Act as amended by this Act to be laid before each House of Parliament.\nRoad Traffic (Alcohol Interlock Scheme) Amendment Act 2000\n9—Report on operation of amendments\nThe Minister must, within six sitting days after the second anniversary of the date of commencement of section 50 of the Road Traffic Act 1961 as inserted by this Act, cause a report on the operation of the Road Traffic Act 1961 as amended by this Act and the Motor Vehicles Act 1959 as amended by this Act to be laid before each House of Parliament.\nMotor Vehicles (Suspension of Licences of Medically Unfit Drivers) Amendment Act 2004, Sch 1\n1—Certain acts validated\n\t(1)\tSubject to subclause (2), if a suspension of a licence or learner's permit purportedly imposed by the Registrar under section 80 of the Motor Vehicles Act 1959 before the commencement of this Act would, if imposed after that commencement, have been validly imposed, that suspension is to be taken to have been validly imposed.\n\t(2)\tSubclause (1) does not affect a decision or order of a court made before the commencement of this Act.\nLaw Reform (Ipp Recommendations) Act 2004, Sch 1\n1—Transitional provision\n\t(1)\tThe amendments made by the Law Reform (Ipp Recommendations) Act 2004 (the Ipp Recommendations Act) are intended to apply only prospectively.\n\t(2)\tIf a cause of action that is based wholly or partly on an event that occurred before the commencement of the Ipp Recommendations Act arises after the commencement of the Ipp Recommendations Act, it will be determined as if the amendments had not been enacted.\nExample—\nSuppose that A was exposed to asbestos in 1990 but a resultant illness is not diagnosed until after the commencement of the Ipp Recommendations Act. An action is then brought in negligence in which damages are claimed for personal injury. The amendments made by the Ipp Recommendations Act would not affect the determination of liability or the assessment of damages.\n\t(3)\tAs soon as practicable after the expiration of 3 years from the commencement of this Schedule, the Economic and Finance Committee must investigate and report to the Parliament on the effect of the Ipp Recommendations Act on the availability and cost of insurance to persons.\nMotor Vehicles (Licences and Learner's Permits) Amendment Act 2005, Sch 1\n3—Interpretation\nIn this Part—\n4—Learner's permits issued before commencement\nSection 79A(a) of the principal Act as in force immediately before the commencement of section 10 continues to apply in relation to an applicant for a licence who—\n\t(a)\twas the holder of a learner's permit immediately before the commencement of section 10; and\n\t(b)\thas not been disqualified from holding or obtaining a licence or learner's permit since the commencement of section 10.\n5—Provisional licences in force at commencement\nSections 75AAA and 81A of the principal Act as in force immediately before the commencement of section 12 continue to apply in relation to a provisional licence that was in force immediately before the commencement of section 12.\nStatutes Amendment (Transport Portfolio) Act 2005, Sch 1—Transitional provisions\n\tA person who, immediately before the commencement of section 5, holds an appointment as an inspector of motor vehicles under section 7 of the Motor Vehicles Act 1959 continues, on the commencement of section 5, to hold that appointment (and the appointment may be revoked, or conditions of appointment imposed or varied, as if the person had been appointed under section 7 of the Motor Vehicles Act 1959 as amended by section 5).\nStatutes Amendment (Drink Driving) Act 2005, Sch 1—Transitional provisions\n\tThe expiation of an offence prior to the commencement of section 4 of this Act cannot be taken into account in determining whether an offence to which section 81C of the Motor Vehicles Act 1959 applies is a first, second, third or subsequent offence for the purposes of that section.\nMotor Vehicles (Miscellaneous) Amendment Act 2007\n18—Transitional provision\nAn amendment to the Motor Vehicles Act 1959 made by a provision of Part 2 does not apply in relation to an offence committed or allegedly committed before the commencement of that provision.\nMotor Vehicles (Miscellaneous No 2) Amendment Act 2009, Sch 1\n2—Interpretation\n3—Learner's permits in force immediately before commencement\nSubject to clause 4 of this Schedule, sections 75A and 79A of the principal Act, as in force immediately before the commencement of sections 9 and 11 of this Act, continue to apply in relation to a learner's permit in force immediately before that commencement.\n4—Requirement to display L plate\nThe following provisions apply in relation to a learner's permit in force immediately before the commencement of section 9 of this Act:\n\t(a)\ton the commencement of section 9 of this Act, the condition specified in section 75A(3)(c) of the principal Act (as in force immediately before that commencement) ceases to apply to the permit;\n\t(b)\tsection 75A(15) of the principal Act (as in force after that commencement) applies to the holder of such a permit as if the permit had been issued after that commencement;\n\t(c)\ton the commencement of section 9 of this Act, section 75A(5aa) of the principal Act (as in force immediately before that commencement) ceases to apply to the holder of the permit;\n\t(d)\tsection 75A(16) of the principal Act (as in force after that commencement) applies to the holder of such a permit as if the permit had been issued after that commencement.\n5—Provisional licences in force immediately before commencement\nSubject to clause 6 of this Schedule, section 81A of the principal Act, as in force immediately before commencement of section 12 of this Act, continues to apply in relation to a provisional licence in force immediately before that commencement.\n6—Requirement to display P plate\nThe following provisions apply in relation to a P1 licence in force immediately before the commencement of section 12 of this Act:\n\t(a)\ton the commencement of section 12 of this Act, the condition specified in section 81A(1)(e) of the principal Act (as in force immediately before that commencement) ceases to apply to the licence;\n\t(b)\tsection 81A(15) of the principal Act (as in force after that commencement) applies to the holder of such a licence as if the licence had been issued after that commencement.\n7—High powered vehicle restrictions inapplicable to some provisional licences issued after commencement\n\t(1)\tSection 81A(16) of the principal Act (as in force immediately after the commencement of section 12 of this Act) does not apply to a person who is the holder of a P2 licence issued after the commencement of that subsection if, immediately before the issue of that licence, the person was the holder of a P1 licence that was issued before the commencement of that subsection.\n\t(2)\tThis clause is in addition to and does not derogate from clause 5 of this Schedule.\nStatutes Amendment (Budget 2010) Act 2010\n39—Transitional provisions\n\t(1)\tA registration label issued under section 48 of the Motor Vehicles Act 1959 (the Act) in relation to a motor vehicle other than a heavy vehicle (within the meaning of the Act) is not, after the commencement of section 22 of this Act, taken to be a registration label for the purposes of the Act.\n\t(2)\tSubject to subsection (3), section 79B of the Road Traffic Act 1961 (as in force immediately before the commencement of this section) continues to apply in relation to registration offences and owner registration offences (both within the meaning of section 79B of the Road Traffic Act 1961) committed before the commencement of this section.\n\t(3)\tA reference in clause 2 of Schedule 1 of the Act (as in force immediately after the commencement of section 38 of this Act) to a camera detected registration offence includes a reference to an owner registration offence within the meaning of section 79B of the Road Traffic Act 1961 (as in force immediately before the commencement of this section).\nMotor Vehicles (Third Party Insurance) Amendment Act 2011, Sch 1\n1—Transitional provisions\n\t(1)\tSubject to this clause, an amendment made to the Motor Vehicles Act 1959 by this Act does not affect a cause of action, right or liability that arose before the commencement of the amendment.\n\t(2)\tSection 124AA(3) of the Motor Vehicles Act 1959, inserted by section 8 of this Act, applies in relation to any action commenced after the day on which the Bill for this Act was first introduced in the Parliament.\nMotor Vehicles (Disqualification) Amendment Act 2012, Sch 1—Transitional provision\n1—Application of section 94\nSection 94 of the Motor Vehicles Act 1959, as enacted by this Act, applies in relation to a notice of disqualification that would (but for the provisions of section 94(1)) be given by the Registrar after the commencement of this Act.\nMotor Vehicle Accidents (Lifetime Support Scheme) Act 2013, Sch 2\n22—Motor Vehicles Act—transitional provisions\n\t(1)\tIn this clause—\n\t(2)\tSection 126A of the principal Act (as inserted by this Act) applies to any claim made after the commencement of that section (including a claim in relation to a death or bodily injury that results from an accident that occurred before that commencement).\n\t(3)\tAn amendment made by this Act to section 127 of the principal Act does not apply in relation to any claim in relation to bodily injury that results from an accident occurring before the commencement of the amendment (and so a paragraph or subsection to be deleted by such an amendment will continue to operate in relation to such a claim including a claim made after the commencement of the amendment).\n\t(4)\tSection 127B of the principal Act (as inserted by this Act) applies in relation to a death or bodily injury that results from an accident occurring on or after the commencement of that section.\n\t(5)\tSection 127C of the principal Act (as inserted by this Act) applies in relation to a claim in respect of a death or a bodily injury that results from an accident occurring on or after the commencement of that section.\n23—Contribution to liabilities of Authority—transitional provisions\n\t(1)\tThe Treasurer may, after consultation with MAC and the Authority, determine an amount that (in the opinion of the Treasurer) represents the amount derived by MAC from premiums in respect of policies of insurance under Part 4 of the Motor Vehicles Act 1959 in respect of any treatment, care and support needs of persons who become participants in the Scheme under this Act after the commencement of the Scheme and the commencement of section 58A of the Civil Liability Act 1936 (as inserted by this Act), including so as to provide an amount with respect to unexpended risk reserves held by MAC that are attributable to road accidents for which provision is made but for which liability does not eventually arise.\n\t(2)\tThe Treasurer may make a determination under subclause (1)—\n\t(a)\tin respect of past and future premiums payable under Part 4 of the Motor Vehicles Act 1959 (applying such estimates as the Treasurer thinks fit); and\n\t(b)\ton the basis of—\n\t(i)\testimates with respect to reductions in the liability and financial requirements of MAC in the future; and\n\t(ii)\testimates with respect to the liabilities and financial requirements of the Authority under this Act in the future,\nand after taking into account such other matters as the Treasurer thinks fit.\n\t(3)\tAn amount determined by the Treasurer under subclause (1) will be payable by MAC (from out of the Compulsory Third Party Fund established under Part 4 of the Motor Accident Commission Act 1992) to the Authority (for payment into the Lifetime Support Scheme Fund established under Part 7 of this Act) at a time determined by the Treasurer after consultation with MAC and the Authority.\n\t(4)\tThis clause operates despite any provision in the Motor Accident Commission Act 1992 about payments into or out of the Compulsory Third Party Fund.\n\t(5)\tIn this clause—\nMAC means the Motor Accident Commission.\nStatutes Amendment (Transport Portfolio) Act 2013\n14—Transitional provisions\n\t(1)\tThe amendment to section 81AB of the principal Act effected by section 6(1) of this Act applies in relation to a probationary licence in force on or after the commencement of section 6(1).\n\t(2)\tThe amendment to section 81AB of the principal Act effected by section 6(2) of this Act applies in relation to a licence issued following a disqualification ordered by a court after the commencement of section 6(2).\n\t(3)\tThe amendment to section 81B of the principal Act effected by section 7 of this Act applies in relation to demerit points incurred before or after the commencement of section 7.\n\t(4)\tThe amendments to section 81BA of the principal Act effected by section 8 of this Act apply in relation to a notice of disqualification issued after the commencement of section 8.\n\t(5)\tThe amendments to section 81BB of the principal Act effected by section 9 of this Act apply in relation to a notice of disqualification issued after the commencement of section 9.\nMotor Vehicles (Learner's Permits and Provisional Licences) Amendment Act 2013, Sch 1—Transitional provisions\n\t(1)\tIn this Schedule—\ndisqualified provisional licence holder means a person who, immediately before the commencement of section 11, was—\n\t(a)\ta prescribed provisional licence holder; or\n\t(b)\tthe holder of a provisional licence issued to an applicant referred to in section 81A(2)(d);\nprescribed provisional licence holder means a person who, immediately before the commencement of section 11, was the holder of a P1 licence that was issued on an application made in accordance with section 81BA(3) or 81BB(7);\n\t(2)\tAll other words and phrases used in this Schedule have the same meaning as in the principal Act (unless the contrary intention appears).\n2—General application of principal Act as amended\n\t(1)\tSubject to clauses 3 and 4, the principal Act as in force after the commencement of this Act applies in relation to a licence or learner's permit issued, renewed or in force after the commencement of this Act.\n\t(2)\tFor the avoidance of doubt—\n\t(a)\tif a provisional licence is to come into effect after the commencement of section 11 as a result of a safer driver agreement entered into under section 81BA of the principal Act before such commencement, section 81BA of the principal Act as in force after such commencement will be taken to apply in relation to the licence; and\n\t(b)\tif a provisional licence is issued to a person after the commencement of section 11 as a result of an appeal determined under section 81BB of the principal Act before such commencement, section 81BB of the principal Act as in force after such commencement will be taken to apply in relation to the licence.\n3—Principal Act as in force before commencement to continue to apply in certain circumstances\nSubject to clause 4, the principal Act as in force immediately before the commencement of this Act continues to apply in relation to—\n\t(a)\ta P1 or P2 licence or a learner's permit in force immediately before the commencement of this Act; and\n\t(b)\tthe renewal of a licence or permit referred to in paragraph (a) (and in relation to a P1 or P2 licence or a learner's permit as so renewed) other than where the renewal occurs on application made more than 12 months after expiry of the previous licence or permit; and\n\t(c)\tthe issue of a P2 licence after the commencement of this Act (and in relation to the P2 licence as so issued) to a person who was the holder of a P1 licence—\n\t(i)\timmediately before the commencement of this Act; and\n\t(ii)\tat some time during the period of 12 months immediately preceding the application for the P2 licence; and\n\t(d)\tthe issue of a non‑provisional licence after the commencement of this Act to a person who was the holder of a P1 or P2 licence—\n\t(i)\timmediately before the commencement of this Act; and\n\t(ii)\tat some time during the period of 12 months immediately preceding the application for the non‑provisional licence.\n4—Transitional modifications of principal Act\nDespite clauses 2 and 3—\n\t(a)\ton and from the commencement of section 7, section 75A(20) and (21) of the principal Act apply to a prescribed learner's permit holder (within the meaning of section 75A of that Act) whether the permit was issued (or renewed) before or after that commencement; and\n\t(b)\ton and from the commencement of section 11, section 81A(16), (17), (18) and (19) of the principal Act apply to the holder of a P1 licence who is under the age of 25 years whether the P1 licence was issued (or renewed) before or after that commencement; and\n\t(c)\ton and from the commencement of section 11 any condition referred to in section 81A(3)(c) of the principal Act (as in force immediately before the commencement of section 11) will cease to apply to a provisional licence; and\n\t(d)\ton and from the commencement of section 11, section 81A(5)(a) of the principal Act (as in force immediately before the commencement of section 11) will apply as if subparagraph (iv) were deleted; and\n\t(e)\ton and from the commencement of section 11, section 81A(8)(b) of the principal Act (as in force immediately before the commencement of section 11) will not apply in relation to any applicant for a licence; and\n\t(f)\tsection 81A (as in force immediately before the commencement of section 11) applies to a disqualified provisional licence holder as if—\n\t(i)\tthe references in section 81A(5)(b)(i) to 2 years were references to 12 months; and\n\t(ii)\tthe prescribed period (for the purposes of section 81A) was—\n\t(A)\tin relation to a prescribed provisional licence holder—2 years; and\n\t(B)\tin relation to any other disqualified provisional licence holder—18 months; and\n\t(g)\ta P1 licence referred to in clause 3 may be renewed as a non‑provisional licence if—\n\t(i)\tthe holder of the P1 licence—\n\t(A)\thas not been disqualified from holding or obtaining a driver's licence or learner's permit as a result of an offence committed or allegedly committed while the holder of a P1 licence; and\n\t(B)\thas held a P1 licence for periods totalling at least 2 years; or\n\t(ii)\tthe holder of the P1 licence is a disqualified provisional licence holder and has held the P1 licence for a period of—\n\t(A)\tin the case of a prescribed provisional licence holder—at least 3 years; or\n\t(B)\tin any other case—at least 2 years and 6 months.\n5—Examiners taken to be testers\n\t(1)\tA person who is, immediately before the commencement of section 8, an examiner appointed by the Registrar for the purposes of section 79 of the principal Act is, on the commencement of section 8, taken to be appointed by the Registrar as a tester for the purposes of that section of the principal Act as amended by section 8.\n\t(2)\tA person who is, immediately before the commencement of section 11, an examiner appointed by the Registrar for the purposes of conducting a hazard perception test under section 81A of the principal Act is, on the commencement of section 11—\n\t(a)\ttaken to continue to be so appointed for the purposes of section 81A of the Act (as in force before the commencement of section 11) as that provision continues to apply in accordance with this Schedule; and\n\t(b)\ttaken to be appointed by the Registrar as a tester for the purposes of section 79A of the principal Act as amended by section 9.\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n128—Transitional provisions\n\t(2)\tDespite any other provision of this Part, the review committee established under Part 3E of the principal Act continues in existence after the commencement of this Part for the purpose of determining any applications for review referred to the committee before that commencement (and for that purpose the review committee must determine those applications in accordance with the provisions of Part 3E of the principal Act as in force immediately before the commencement of this Part).\nCompulsory Third Party Insurance Regulation Act 2016, s 20 and Pt 4—Transitional provisions\n20—Transitional provision—Saving of existing policies of insurance under Part 4\nA policy of insurance under Part 4 in force immediately before the commencement of this section will, after that commencement, continue in force, until its expiry or cancellation, as a policy under that Part subject to the terms, conditions, warranties and exclusions set out in the table below.\n\nThe insurer insures the owner of the motor vehicle and any other person who at any time drives or is a passenger in or on the vehicle, whether with or without the consent of the owner, in respect of all liability that may be incurred by the owner or other person in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the vehicle in any part of the Commonwealth.\nA person so insured warrants that he or she will not—\n\t(a)\tdrive the vehicle, or do or omit to do anything in relation to the vehicle, with the intention of causing the death of, or bodily injury to, a person or damage to another's property or with reckless indifference as to whether such death, bodily injury or damage results; or\n\t(b)\tdrive the vehicle while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle; or\n\t(c)\tdrive the vehicle while there is present in his or her blood a concentration of .1 grams or more of alcohol in 100 millilitres of blood; or\n\t(d)\tdrive the vehicle while not duly licensed or otherwise permitted by law to drive the motor vehicle; or\n\t(e)\tdrive the vehicle while the vehicle is overloaded, or in an unsafe, unroadworthy or damaged condition; or\n\t(f)\tuse the vehicle otherwise than—\n\t(i)\tfor purposes stated in the application for registration, renewal of registration, exemption from registration or a permit, in respect of the vehicle; or\n\t(ii)\tif trade plates are affixed to the vehicle—for purposes stated in the application for the issuing of those plates; or\n\t(iii)\tfor purposes agreed on between the insurer and the registered owner of the vehicle; or\n\t(g)\tif the person is the driver of the vehicle when it is involved in an accident in which a person is killed or injured—commit an offence against section 43 of the Road Traffic Act 1961.\nThe owner of the vehicle warrants that no other person will, with his or her knowledge or consent (which will be presumed in any proceedings in the absence of proof to the contrary), drive or use the vehicle, or do or omit to do anything in relation to the vehicle, contrary to any of the paragraphs of clause 2.\nThis policy of insurance does not extend to liability arising from death of, or bodily injury to, a participant in a road race caused by the act or omission of another participant in the road race.\n21—Interpretation\nIn this Part—\ncommencement day means the day on which this Part comes into operation;\ndeclared day means the day declared by proclamation to be the day on which the transitional period ends;\nMinister means the Minister with responsibility for approving insurers under Part 4 of the Motor Vehicles Act;\ntransitional period means the period commencing on the commencement day and ending on the declared day.\n22—Ministerial control\nDuring the transitional period, the CTP Regulator is subject to the directions of the Minister as to the exercise of the following of the Regulator's functions:\n\t(a)\tdetermining premium amounts payable in respect of CTP insurance policies;\n\t(b)\tdetermining the minimum terms and conditions of CTP insurance policies;\n\t(c)\tmaking, monitoring the operation of, and reviewing from time to time, rules with which approved insurers must comply, and guidelines for approved insurers, in relation to—\n\t(i)\tthe determination of premiums; and\n\t(ii)\tthe management of claims; and\n\t(iii)\tdispute resolution; and\n\t(iv)\tthe provision of information to consumers; and\n\t(v)\tany other relevant matter.\n23—Transfer of CTP insurance policies\n\t(1)\tOn the commencement day, a CTP insurance policy in existence under Part 4 of the Motor Vehicles Act will, by force of this subclause, be transferred from the Motor Accident Commission to an approved insurer in accordance with a scheme determined by the Minister.\n\t(2)\tDuring the transitional period, the CTP Regulator may transfer a CTP insurance policy relating to a motor vehicle from 1 approved insurer to another approved insurer in accordance with a scheme determined by the Minister (in which case, the approved insurer to whom the policy of insurance is transferred becomes the insurer under the policy of insurance relating to that motor vehicle).\nStatutes Amendment and Repeal (Simplify) Act 2017, Pt 19\n90—Transitional provision\nA registration label issued under section 48 of the Motor Vehicles Act 1959 (the Act) in relation to a heavy vehicle (within the meaning of the Act) is not, after the commencement of section 79 of this Act, taken to be a registration label for the purposes of the Act.\nStatutes Amendment (South Eastern Freeway Offences) Act 2019, Sch 1—Transitional provisions\nSouth Eastern Freeway offence means—\n\t(a)\tan offence against section 45C of the Road Traffic Act 1961; or\n\t(b)\tan offence against section 79B of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Road Traffic Act 1961.\n2—Transitional provision\nThe provisions of the Motor Vehicles Act 1959 and the Road Traffic Act 1961 as amended by this Act do not apply in respect of a South Eastern Freeway offence committed or allegedly committed before the commencement of this Act (and the provisions of the Motor Vehicles Act 1959 and the Road Traffic Act 1961 as in force at the time of the offence or alleged offence will apply instead).\nStatutes Amendment (SACAT) Act 2019, Pt 19\n128—Transitional provisions\n\t(1)\tA right of appeal under the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(2)\tA right to lodge a complaint under section 98PD of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(3)\tA decision or order of the Administrative and Disciplinary Division of the District Court under Part 3C of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(5)\tNothing in this Part affects any review before the Minister under section 98T of the principal Act, as in force immediately before the relevant day, that was commenced but not determined before the relevant day, and a right of review by the Tribunal under section 98T of the principal Act, as in force after the relevant day, will apply to and in respect of a decision of the Minister on that review (and a reference to a decision of the Minister in section 98T as in force after the relevant day will be taken to be a reference to the decision of the Tribunal on that review).\n\t(6)\tA member of a panel of persons who may sit as assessors established under the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\nprincipal Act means the Motor Vehicles Act 1959;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nMotor Vehicles (Electric Vehicle Levy) Amendment Act 2021, Sch 2—Review of Act\n1—Review of Act by Select Committee\nAs soon as practicable after the day that is 1 year after the commencement of this Schedule, the Legislative Council is to appoint a Select Committee to consider longer term issues relating to the use of electric vehicles in the State (including infrastructure, training and the disposal of batteries and other electric vehicle components) and to recommend strategies to address these issues, in accordance with terms of reference determined by the Legislative Council.\nMotor Vehicles (Previous Offences) Amendment Act 2024, Sch 1, Pt 2—Transitional provisions etc\n3—Notices issued etc before commencement of Act\n\t(1)\tFor the avoidance of doubt, it is declared to have always been lawful for the Registrar of Motor Vehicles to give a person a notice under section 81BC, 81C or 81D of the Motor Vehicles Act 1959 in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence.\n\t(2)\tA decision of the Registrar of Motor Vehicles, before the commencement of this subclause, to treat an offence as a first offence or as a second, third or subsequent offence for the purposes of section 81BC, 81C or 81D of the Motor Vehicles Act 1959 is taken to be, and to have always been, validly made if the decision was based on the date of commission, or alleged commission, of the offence and no liability lies against the Registrar of Motor Vehicles or the Crown in respect of any period of licence disqualification or any licence suspension or cancellation applying to a person pursuant to such a decision.\n\t(3)\tIf the Registrar of Motor Vehicles is satisfied that a period of licence disqualification or suspension applying to a person pursuant to 1 or more notices given, or purportedly given, under section 81BC(2) before the commencement of section 5 of this Act would result in severe or unusual hardship to the person, the Registrar may (in the Registrar's absolute discretion) by written notice given to the person—\n\t(a)\trevoke any such notice; or\n\t(b)\treduce the period of disqualification or suspension applying to the person to such period as may be specified in the notice.\n\t(4)\tFor the purposes of subclause (3) a notice will be taken to have been given, or purportedly given, at the time the Registrar issued the notice (and not at the time the notice would otherwise be taken to have been given in accordance with section 139BD of the Motor Vehicles Act 1959).\n\t(5)\tA decision of the Registrar of Motor Vehicles, before the commencement of section 8(2) of this Act, to treat 2 or more notices of disqualification personally acknowledged by, or served on, a person in accordance with section 139BD of the Motor Vehicles Act 1959 as taking effect one after another in a particular order (and not to be taking effect at the same time) is taken to be, and to have always been, validly made and no liability lies against the Registrar of Motor Vehicles or the Crown in respect of any period of licence disqualification or any licence suspension or cancellation applying to a person pursuant to such a decision.\n4—Notices issued after commencement of Act\n\t(1)\tThe Registrar of Motor Vehicles may give a person a notice pursuant to section 81BC(3a), 81C(4) or 81D(2a) of the Motor Vehicles Act 1959 (as inserted by this Act) in respect of offences committed or allegedly committed before the commencement of the relevant provision provided that the person is convicted of or expiates the previous offence referred to in the relevant provision after that commencement.\n\t(2)\tSection 81BC(7)(b)(iii) of the Motor Vehicles Act 1959 (as substituted by this Act) applies in relation to a notice issued under that section on or after the commencement of section 5(4) of this Act (whether the person was convicted of or expiated the offences to which the notice relates before or after that commencement).\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025, Pt 8\n17—Transitional provision\nSection 98B(1aa) of the Motor Vehicles Act 1959 (as inserted by section 16) applies in relation to a conviction for, or expiation of, an offence against section 79B(2) of the Road Traffic Act 1961 regardless of whether the offence, or the conviction for or expiation of the offence, occurred before or after the commencement of section 16 and regardless of whether a number of demerit points was prescribed by regulations under the Motor Vehicles Act 1959 in relation to the offence at the time the offence was committed (and any demerit points incurred by a person pursuant to this section are taken to be so incurred at the time of the person's conviction for or expiation of the offence).\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—3.2.1992\n\nReprint No 3—1.6.1992\n\nReprint No 4—10.12.1992\n\nReprint No 5—3.5.1993\n\nReprint No 6—1.7.1993\n\nReprint No 7—5.8.1993\n\nReprint No 8—21.10.1993\n\nReprint No 9—5.12.1994\n\nReprint No 10—2.3.1995\n\nReprint No 11—1.5.1995\n\nReprint No 12—4.4.1996\n\nReprint No 13—1.7.1996\n\nReprint No 14—7.11.1996\n\nReprint No 15—3.2.1997\n\nReprint No 16—24.3.1997\n\nReprint No 17—7.4.1997\n\nReprint No 18—1.7.1997\n\nReprint No 19—17.11.1997\n\nReprint No 20—24.12.1997\n\nReprint No 21—15.1.1998\n\nReprint No 22—2.5.1998\n\nReprint No 23—28.5.1998\n\nReprint No 24—3.9.1998\n\nReprint No 25—29.10.1998\n\nReprint No 26—14.1.1999\n\nReprint No 27—6.9.1999\n\nReprint No 28—1.12.1999\n\nReprint No 29—6.3.2000\n\nReprint No 30—23.3.2000\n\nReprint No 31—1.6.2000\n\nReprint No 32—6.7.2000\n\nReprint No 33—1.3.2001\n\nReprint No 34—17.6.2001\n\nReprint No 35—9.7.2001\n\nReprint No 36—16.7.2001\n\nReprint No 37—3.10.2002\n\nReprint No 38—3.7.2003\n\nReprint No 39—1.8.2003\n\nReprint No 40—15.12.2003\n\n31.10.2006\n\n15.5.2010\n\n30.6.2011 (electronic only)\n\n1.7.2011 (electronic only)\n\n28.5.2012\n\n31.1.2013\n\n17.6.2013\n\n1.2.2017\n\n8.3.2018 (electronic only)\n\n24.4.2018 (electronic only)\n\n30.11.2020\n\n1.1.2024\n\n","sortOrder":26}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":941},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original 1959 purpose of basic registration and third-party insurance. It now encompasses: a sophisticated graduated licensing system with multiple stages and conditions; mandatory alcohol interlock schemes; a comprehensive demerit points scheme; detailed regulation of towtruck operations; disability parking permits; motor driving instructor licensing; provisions for autonomous vehicle trials; and extensive cost-control mechanisms for insurance claims including lifetime support for injured children. The scope now covers behavioural regulation of drivers (not just vehicle registration), commercial regulation of towing and driving instruction industries, and complex insurance litigation management."},"complexity_factors":["Extensive cross-referencing with the Road Traffic Act 1961 (dozens of sections)","Multiple nested conditional schemes (graduated licensing with P1/P2 stages, alcohol interlock conditions, demerit points thresholds)","47+ defined terms in the interpretation section alone","Complex insurance provisions with multiple recovery mechanisms and the 'nominal defendant' concept","Detailed procedural requirements for towtruck operations at accident scenes","Overlapping exemption and conditional registration regimes","Demerit points calculations with look-back periods and offence categorisations","Mandatory sentencing provisions for certain offences","Electronic document provisions modifying traditional requirements","Indexation provisions for monetary amounts"],"plain_english_summary":"This is South Australia's **Motor Vehicles Act 1959**, a comprehensive law governing how vehicles are registered, who can drive them, and what insurance must cover.\n\n**What it does:**\n\n**1. Vehicle Registration (Part 2)**\n- Establishes a Registrar of Motor Vehicles who maintains a register of all vehicles\n- Requires most motor vehicles to be registered before they can be driven on roads\n- Sets out fees for registration, with reduced rates for primary producers, pensioners, people with disabilities, and those in remote areas\n- Creates exemptions for certain vehicles (trade plates, agricultural machines, wheelchairs, emergency vehicles)\n- Governs number plates, their display, and offences related to false plates\n- Allows for conditional registration of special-purpose vehicles\n\n**2. Driver Licensing (Part 3)**\n- Establishes a graduated licensing system: learner's permits → provisional licences (P1 and P2) → full licences\n- Sets minimum ages (16 for learner's permits, 17 for most licences, 19 for motorbikes)\n- Imposes conditions on learner and provisional drivers (supervision requirements, passenger limits, night driving restrictions, zero alcohol)\n- Creates a **mandatory alcohol interlock scheme** for serious drink-driving offenders — requiring breath-testing devices in vehicles\n- Establishes a **demerit points system** where accumulating 12+ points in 3 years leads to disqualification\n- Allows for \"Safer Driver Agreements\" as an alternative to disqualification for some offences\n\n**3. Special Licences and Permits**\n- **Towtruck certificates** — regulates who can operate towtrucks, especially at accident scenes\n- **Motor driving instructor licences** — for paid driving teachers\n- **Disability parking permits** — for people with disabilities\n\n**4. Compulsory Third Party Insurance (Part 4)**\n- Requires all registered vehicles to have CTP insurance covering death and bodily injury to others\n- Establishes a \"nominal defendant\" who pays claims when the at-fault vehicle is unidentified or uninsured\n- Sets out how insurers can recover costs from at-fault drivers (especially for drink-driving, drug-driving, or intentional harm)\n- Controls medical costs and legal costs in claims\n- Provides for lifetime treatment, care and support for children injured in vehicle accidents\n\n**5. Automotive Technology Trials (Part 4A)**\n- Allows the Minister to authorise trials of new vehicle technologies (like autonomous vehicles) with exemptions from normal requirements\n\n**Who it affects:**\n- Every vehicle owner and driver in South Australia\n- Insurance companies approved to provide CTP cover\n- Towtruck operators and drivers\n- Driving instructors\n- People with disabilities seeking parking permits\n- Anyone injured by a motor vehicle seeking compensation\n\n**Why it matters:**\nThis Act is the backbone of road safety and vehicle regulation in South Australia. It ensures vehicles are properly registered and insured, drivers are appropriately licensed and supervised, and people injured on roads can access compensation and medical care. The graduated licensing and demerit systems aim to reduce accidents, while the alcohol interlock scheme specifically targets repeat drink-drivers."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. The content provided is a website error page, not the text of the Motor Vehicles Act 1959 (SA). No comparison between original legislative intent and current provisions is possible."},"complexity_factors":["No legislative text was supplied — only a website error page was provided","There are no provisions, definitions, schedules, or regulatory mechanisms to assess","Complexity cannot be meaningfully rated without the actual Act content"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe content provided is not the text of the *Motor Vehicles Act 1959* (SA). Instead, it is a **'Page Not Found' error message** from the South Australian legislation website (legislation.sa.gov.au), indicating that the link or bookmark used to retrieve the Act is broken — likely due to a website update in March 2026.\n\n**What this means for you:** If you were trying to read or rely on the Motor Vehicles Act 1959, you will need to:\n1. Go directly to [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act by name.\n2. Update any old bookmarks or hyperlinks to the Act.\n3. If you believe there is a website error, contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au.\n\nNo legal analysis of the Act itself is possible from this content."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act was originally enacted in 1959 to cover motor vehicle registration, driver licensing, and compulsory third-party insurance. Over time, it has expanded far beyond these core functions. Major additions include: a comprehensive demerit points scheme (Part 3B), detailed regulation of towtruck operators and accident towing (Part 3C), disability parking permits (Part 3D), alcohol interlock scheme conditions, and a framework for trials of autonomous vehicle technologies (Part 4A). The Act now also addresses motor driving instructors, powers to cancel registration for offensive material on vehicles, and extensive evidentiary and enforcement provisions. The original intent has thus been significantly broadened."},"complexity_factors":["Over 70 pages of legislation with multiple Parts, Divisions, and Schedules","More than 100 defined terms in the interpretation section, many with sub-definitions","Extensive cross-references to other Acts (e.g., Road Traffic Act, Heavy Vehicle National Law) and within the Act itself","Highly conditional rules for driver licensing (e.g., multiple stages with age, experience, and offence-based triggers)","Detailed demerit point scheme with graduated disqualification periods and election options","Complex towtruck regulation with accident tow roster, authorities to tow, and anti-soliciting rules","Nested exceptions for reduced registration fees (e.g., primary producers, pensioners, outer areas)","Alcohol interlock scheme with specific conditions for installation, nomination, and compliance","Lengthy legislative history showing hundreds of amendments over 65 years"],"plain_english_summary":"This South Australian law sets the rules for registering motor vehicles, getting a driver's licence, and compulsory third-party insurance. It applies to anyone who owns or drives a vehicle on public roads in South Australia.\n\n**What it does:**\n- **Vehicle registration:** Most motor vehicles driven on roads must be registered. The Registrar keeps a register, issues number plates, and collects fees. There are reduced fees for some groups (e.g., pensioners, primary producers). Exemptions exist for certain vehicles (e.g., trade plates, agricultural machines, wheelchairs).\n- **Driver licensing:** You need a licence or learner's permit to drive. There are different classes (e.g., cars, motorbikes, heavy vehicles) and stages (learner, provisional, probationary, full licence). Conditions apply, including zero alcohol for learners and provisional drivers, speed limits, and restrictions on carrying passengers for young drivers. A demerit point system can lead to disqualification.\n- **Third-party insurance:** Every registered vehicle must have a compulsory third-party (CTP) insurance policy covering death or injury caused by the vehicle. The premium is paid with the registration fee. An approved insurer provides the cover, and there is a nominal defendant for uninsured or unidentified vehicles.\n- **Towtrucks:** Towtruck drivers near Adelaide need a certificate. There is an accident towing roster scheme, and rules govern how vehicles are removed from crash scenes, stored, and repaired to prevent harassment of victims.\n- **Other parts:** The Act also covers motor driving instructors' licences, disability parking permits, trials of automated vehicle technologies, and general enforcement powers.\n\n**Why it matters:** Without this law, there would be no system for identifying vehicles, ensuring drivers are competent, or guaranteeing compensation for road accident victims. It balances individual freedom to drive with public safety and financial protection."}},"importantCases":[],"_links":{"self":"/api/acts/motor-vehicles-act-1959","history":"/api/acts/motor-vehicles-act-1959/history","analysis":"/api/acts/motor-vehicles-act-1959/analysis","conflicts":"/api/acts/motor-vehicles-act-1959/conflicts","importantCases":"/api/acts/motor-vehicles-act-1959/important-cases","documents":"/api/acts/motor-vehicles-act-1959/documents"}}