107Vehicles not to be driven in configuration attracting higher

107 Vehicles not to be driven in configuration attracting higher charge than that paid (1) Where a person drives a vehicle to which the Road Transport Charges Laws apply, or to which, if the vehicle were required to be registered in the Territory, those Laws would apply, and: (a) where no amendment of registration under section 107A or permit under section 107B was in force in relation to the vehicle at the time at which the vehicle was driven in contravention of this section – the amount paid for the registration of the vehicle under this Act, or a corresponding Act of a State or another Territory of the Commonwealth relating to the registration of motor vehicles (a corresponding Act), was less than the amount that would have been payable under the Act under which the vehicle was registered if the configuration in which the vehicle was driven had been nominated in the application for registration under this Act or the corresponding Act; (b) where the registration of the vehicle was amended under section 107A and the vehicle was being driven during the reconfiguration period in respect of the amendment – the amount paid for the amendment was less than the amount that would have been payable if the configuration in which the vehicle was driven had been nominated in the application for amendment; or (c) where a permit was granted under section 107B in relation to the vehicle and the vehicle was being driven during the reconfiguration period in respect of the permit – the amount paid for the permit was less than the amount that would have been payable if the configuration in which the vehicle was driven had been nominated in the application for the permit, the owner of the vehicle is guilty of an offence. Maximum penalty: In the case of a natural person – 15 penalty units. In the case of a body corporate – 85 penalty units. Motor Vehicles Act 1949 96 (2) It is a defence to a prosecution for an offence against subsection (1) if: (a) the owner proves that: (i) accurate information as to the configuration in which the vehicle was subsequently driven, allegedly in contravention of subsection (1), was provided in the application for the registration of the vehicle; or (ii) where the vehicle was being driven during a reconfiguration period in respect of: (A) an amendment to the registration under section 107A; or (B) a permit under section 107B in relation to the vehicle, accurate information as to the configuration in which the vehicle was subsequently driven, allegedly in contravention of subsection (1), was provided in the application for the amendment or permit; or (b) the owner satisfies the court that the vehicle was, at the time of the alleged offence: (i) being driven; or (ii) a vehicle of a particular configuration at the time of being driven, without the owner's express or implied authority. (3) In addition to any penalty that a court may impose under subsection (1), the Court shall order a person who is found guilty of an offence against that subsection to pay to the Registrar an amount equal to: (a) where no amendment of registration under section 107A or permit under section 107B was in force in relation to the vehicle at the time the vehicle was driven in contravention of subsection (1) – the difference between: (i) the amount paid for the registration of the vehicle: (A) under this Act; or (B) under the corresponding Act, Motor Vehicles Act 1949 97 as the case may be, being, where the amount was paid in respect of a period of more than 12 months, the proportion of the amount that was paid for registration for 12 months; and (ii) the amount that would have been payable at the time of registration of the vehicle under: (A) where the vehicle was at the time of the offence registered under this Act – this Act; or (B) where the vehicle was at the time of the offence registered under a corresponding Act – that Act, being, where the registration was paid in respect of a period of more than 12 months, the amount payable for registration for 12 months, if the configuration in which the vehicle was driven had been nominated in the application for registration; or (b) where an amendment of registration under section 107A or permit under section 107B was in force at the time the vehicle was driven in contravention of subsection (1) – the difference (i) the amount paid for the amendment or permit; and (ii) the amount that would have been payable, at the time of the amendment or the issue of the permit, for the amendment or permit if the configuration in which the vehicle was driven had been nominated in the application for an amendment or for a permit. (4) For the purposes of subsection (3), where a person paid an amount for registration, for an amendment of registration under section 107A or permit under section 107B, calculated by taking into account a reduction or concession under this Act, or the corresponding Act under which the vehicle was registered at the time of the offence, the amount paid and the amount payable shall be deemed to be the amount that would have been paid or payable, respectively, if the reduction or concession were not taken into account.