sec.527Requirements about vehicle defect notice

### sec.527 Requirements about vehicle defect notice A vehicle defect notice for a heavy vehicle must be in the approved form and state the following— that the notice is a major defect notice, minor defect notice or self-clearing defect notice; that— the vehicle is a defective heavy vehicle; or a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; if the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle; for a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice; for a minor defect notice— that corrective action must be taken by a stated time (the due time ); and that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; for a self-clearing defect notice— that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; the name of the vehicle’s driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver’s name is not known by the authorised officer issuing the notice when the notice is issued, the term ‘registered operator’; details to identify the vehicle, including, for example— the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or the vehicle’s make and category; the nature of the inspection that led to the notice being issued; whether an infringement notice was also given when the notice was issued; the identification details for the authorised officer who issued the notice; the day and time the notice was issued; for a major defect notice or minor defect notice— that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and any conditions imposed under subsection (2) . The authorised officer issuing a major defect notice or minor defect notice may impose any conditions on the use of the defective heavy vehicle the officer considers appropriate for use of the vehicle on a road. Any conditions imposed under subsection (2) are taken to form part of the vehicle defect notice concerned. In this section— corrective action , for a vehicle, means action that stops— the vehicle from being a defective heavy vehicle; or a number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible. sch s 527 amd 2015 No. 12 s 52 ; 2018 No. 10 s 28 ; 2019 No. 29 s 25 (sec.527-ssec.1) A vehicle defect notice for a heavy vehicle must be in the approved form and state the following— that the notice is a major defect notice, minor defect notice or self-clearing defect notice; that— the vehicle is a defective heavy vehicle; or a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; if the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle; for a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice; for a minor defect notice— that corrective action must be taken by a stated time (the due time ); and that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; for a self-clearing defect notice— that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; the name of the vehicle’s driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver’s name is not known by the authorised officer issuing the notice when the notice is issued, the term ‘registered operator’; details to identify the vehicle, including, for example— the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or the vehicle’s make and category; the nature of the inspection that led to the notice being issued; whether an infringement notice was also given when the notice was issued; the identification details for the authorised officer who issued the notice; the day and time the notice was issued; for a major defect notice or minor defect notice— that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and any conditions imposed under subsection (2) . (sec.527-ssec.2) The authorised officer issuing a major defect notice or minor defect notice may impose any conditions on the use of the defective heavy vehicle the officer considers appropriate for use of the vehicle on a road. (sec.527-ssec.3) Any conditions imposed under subsection (2) are taken to form part of the vehicle defect notice concerned. (sec.527-ssec.4) In this section— corrective action , for a vehicle, means action that stops— the vehicle from being a defective heavy vehicle; or a number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible. - (a) that the notice is a major defect notice, minor defect notice or self-clearing defect notice; - (aa) that— (i) the vehicle is a defective heavy vehicle; or (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; - (i) the vehicle is a defective heavy vehicle; or - (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; - (ab) if the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle; - (b) for a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice; - (c) for a minor defect notice— (i) that corrective action must be taken by a stated time (the due time ); and (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; - (i) that corrective action must be taken by a stated time (the due time ); and - (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; - (ca) for a self-clearing defect notice— (i) that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; - (i) that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and - (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; - (d) the name of the vehicle’s driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver’s name is not known by the authorised officer issuing the notice when the notice is issued, the term ‘registered operator’; - (e) details to identify the vehicle, including, for example— (i) the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or (ii) the vehicle’s make and category; - (i) the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or - (ii) the vehicle’s make and category; - (f) the nature of the inspection that led to the notice being issued; - (g) whether an infringement notice was also given when the notice was issued; - (h) the identification details for the authorised officer who issued the notice; - (i) the day and time the notice was issued; - (j) for a major defect notice or minor defect notice— (i) that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and (ii) any conditions imposed under subsection (2) . - (i) that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and - (ii) any conditions imposed under subsection (2) . - (i) the vehicle is a defective heavy vehicle; or - (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; - (i) that corrective action must be taken by a stated time (the due time ); and - (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; - (i) that corrective action must be taken by a stated day (the due day ) not more than 28 days after the notice is issued; and - (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; - (i) the vehicle’s registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or - (ii) the vehicle’s make and category; - (i) that, if the notice is not cleared by the Regulator under section 530 , the vehicle’s registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and - (ii) any conditions imposed under subsection (2) . - (a) the vehicle from being a defective heavy vehicle; or - (b) a number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible.