132Remission or refund of fees

132 Remission or refund of fees (1) The Minister may remit any fee or portion of any fee payable under this Act, or refund to any person any fee under this Act paid by that person or any portion of that fee. (2) Subject to subsection (3) the Registrar may refund to any person: (a) any excess payment made in respect of any matter under this Act by that person; Motor Vehicles Act 1949 112 (b) any fee or other amount paid by that person in respect of the registration or licensing of, or the issue of a permit in relation to, a motor vehicle which was, in the opinion of the Registrar registered or licensed in error or where the permit was issued in error; (c) any fee or other amount paid by that person with respect to the grant of a licence or permit or the registration of a motor vehicle where the licence or permit or the registration is refused; (d) being the person in whose name a motor vehicle is registered, or a person who the Registrar is satisfied is the new owner of the motor vehicle – where compensation contributions have been made in the Territory, one month's compensation contributions for each complete calendar month in the unexpired period of such registration or licensing and: (i) in the case of a vehicle to which the Road Transport Charges Laws apply: (A) where the refund relates to money paid for the registration of the vehicle (other than for an amendment of the registration under section 107A) – a proportionate amount for each day in the unexpired period of such registration of the moneys paid for the registration of the vehicle, equivalent to 1/365 of the annual registration fee that was, on the date on which the vehicle was registered, paid or which would have been payable on the date on which the vehicle was registered if the vehicle had been registered for 12 months; (B) where the refund relates to money paid for the amendment of the registration of the vehicle under section 107A – an amount, for each day in the unexpired part of the reconfiguration period, calculated by dividing the money paid for the amendment by the number of days in the reconfiguration period; (C) where the refund relates to money paid for the issue of a permit under section 107B – an amount for each day in the unexpired part of the reconfiguration period, calculated by dividing the money paid for the permit by the number of days in the reconfiguration period, but no such refund is payable in respect of any day within the first 7 days of the reconfiguration period; and/or Motor Vehicles Act 1949 113 (D) where the refund relates to money paid for the issue of an exemption under section 59 – 1/12 of the fee payable for 12 months exemption for each complete calendar month in the unexpired period of the exemption; (ii) in any other case – 1/12 of the annual licence fee or the annual registration fee for each complete calendar month in the unexpired period of such licensing or registration, (less a deduction of a fee prescribed for the purposes of this subsection) in any of the following circumstances: (iii) where the motor vehicle is destroyed by accident; (iv) where, on the application of that person, the registration, amendment to registration, permit, exemption under section 59 or licence is cancelled; or (v) where the motor vehicle is re-registered on account of an alteration in its construction, equipment or use. (3) A refund under subsection (2)(b) or (d) shall not be made unless and until: (a) the certificate of registration or such other evidence of the payment of the registration fee as is, in the opinion of the Registrar, sufficient, together with the 2 number plates issued in connection with the registration of the motor vehicle; or (b) the licence or permit, as the case may be, is produced to the Registrar: Provided that, where the number plates are lost or destroyed, the refund may, upon payment of the prescribed fee, be made, unless the Registrar has reason to believe that improper use has been made or is being made of the plates. (3A) A refund under subsection 2(b) or 2(d) in relation to the registration of a vehicle (other than an amendment of the registration of a vehicle under section 107A where the vehicle in relation to which the refund is sought is to be re-registered) shall be calculated from the day on which the number plates are produced to: (a) the Registrar; (b) a member of the Police Force; or Motor Vehicles Act 1949 114 (c) a person holding, or acting on behalf of, a corresponding office in a State or another Territory of the Commonwealth, or, where the number plates are lost or destroyed and the Registrar does not believe that improper use has or is being made of the plates, from the date on which the certificate of registration or such other evidence of the payment of the registration fee as is, in the opinion of the Registrar, sufficient, is produced. (4) For the purposes of this section, any reference to a licence or to the registration of a motor vehicle shall be deemed to include a reference to any renewal of the licence or registration. (5) For the purposes of this section, a reference to a licence or to the registration of a motor vehicle shall be deemed to include a reference to a pastoral vehicle permit and for the purposes of subsection (3), a reference in that subsection to number plates shall be deemed to include a reference to an identification plate issued under section 137B.