Div 10Suspension, cancellation and transfer of registration

Division 10—Suspension, cancellation and transfer of registration 54—Cancellation of registration and refund on application (1) Subject 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. (2) Where 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. 55A—Suspension and cancellation of registration by Registrar (1) Subject to this section, the Registrar may suspend or cancel the registration of a motor vehicle if— (a) the Registrar reasonably believes that— (i) any 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 (ii) 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 (c) in the case of a vehicle in relation to which notice is required to be given to the Registrar under section 44— (i) notice is not given as required by that section; or (ii) a 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 (iii) the Registrar reasonably believes that any information disclosed in a notice given under that section is or may be inaccurate, incomplete or misleading; or (iv) the 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 (d) the 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 (e) in 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— (i) evidence is not provided as required by that section; or (ii) the Registrar reasonably believes that any evidence provided under that section is or may be inaccurate, incomplete or misleading; or (f) the vehicle has been destroyed or damaged beyond repair; or (g) the vehicle was registered in error. (2) The 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. (3) If 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— (a) the reasons for the suspension; and (b) the date on which the registration is to be suspended; and (c) the action required to be taken to avoid the suspension or have the suspension removed. (4) The Registrar must not cancel the registration of a motor vehicle under this section unless the Registrar— (a) has suspended the registration and believes that the reason for the suspension still exists; and (b) has given notice in writing to the registered owner or the registered operator— (i) advising that the Registrar has decided to cancel the registration of the vehicle and giving the reasons for the decision; and (ii) specifying any action required to be taken to have the suspension removed and to avoid the cancellation; and (iii) stating 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 (iv) advising of the right to apply for review of the decision. (5) The 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. (6) If 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. 55B—Notice to be given to Registrar (1) If a court makes an order— (a) suspending or cancelling the registration of a motor vehicle; or (b) disqualifying a person from registering a motor vehicle, the 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. (2) If 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. proper officer means— (a) in relation to the Supreme Court, the registrar of that court; (b) in relation to any other court, the clerk of that court. 55C—Action following disqualification or suspension outside State (1) If a person is disqualified from registering a motor vehicle in another State or Territory of the Commonwealth, the Registrar must— (a) if the person is the registered operator of the motor vehicle under this Act, cancel the registration of the motor vehicle; (b) refuse to register the motor vehicle in the name of the person as an owner or operator during the period of disqualification. (2) If 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. 56—Duty of transferor on transfer of vehicle If 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— (a) within 7 days after the transfer—lodge with the Registrar an application for cancellation of the registration of the vehicle; or (b) do the following: (i) within 7 days after the transfer— (A) give to the transferee the prescribed documents in respect of the vehicle; and (B) complete and sign a notice of the transfer of ownership of the vehicle in a form determined by the Minister; (ii) within 14 days after the transfer—lodge with the Registrar the notice referred to in subsubparagraph (B). 57—Duty of transferee on transfer of vehicle (1) If 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). (2) If— (a) the ownership of a motor vehicle is transferred not later than 14 days before the expiration of the registration of the vehicle; and (b) an application to cancel the registration is not lodged with the Registrar within 7 days after the transfer, the transferee must, within 14 days after the transfer— (c) lodge with the Registrar— (i) an application to transfer the registration of the vehicle; and (ii) the prescribed documents in respect of the vehicle; and (d) pay the prescribed fee for the transfer; and (e) pay the stamp duty (if any) payable on the application. (2a) If 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. (a) the transferee fails to lodge an application required under subsection (2) within 14 days after the transfer of the vehicle; and (b) the transferee— (i) lodges the application after the expiration of that period; or (ii) lodges an application to register the vehicle, the 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. (4) The Registrar may, if satisfied that reasonable cause exists for doing so, extend the time for lodging an application for transfer of registration. (5) An application for the transfer of the registration of a motor vehicle must— (a) be made in a manner and form determined by the Minister; and (b) state correctly the following particulars: (i) the full name of the new owner of the vehicle; (ii) if the new owner of the vehicle is a natural person—the address at which the new owner is ordinarily resident; (iii) if 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; (iv) the 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); (v) if 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; (vi) if 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; (vii) the garage address of the vehicle; (viii) in the case of an application for transfer of registration of a heavy vehicle—the configuration of the vehicle for the unexpired period of registration. (6) If application is made for the transfer of registration of a motor vehicle that has been taken on hire, the Registrar may dispense with— (a) the 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 (b) the requirement that the application state the name and address of the person who has taken the vehicle on hire, as the Registrar thinks fit. (7) If 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. (8) An application cannot be made or granted for— (a) a person under the age of 18 years to be registered as the new owner or the operator of a heavy vehicle; or (b) a 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 (c) a garage address outside this State to be registered as a motor vehicle's garage address. 57A—Power of Registrar to record change of ownership of motor vehicle If an application to transfer the registration of a motor vehicle has not been lodged with the Registrar but— (a) a notice under section 56(b)(i)(B) in relation to the vehicle has been lodged with the Registrar; or (b) the Registrar is satisfied on the basis of other evidence that the ownership of the vehicle has been transferred to a particular person, the Registrar may, without registering the vehicle in the name of the transferee, record on the register the transferee as the owner of the vehicle. 58—Transfer of registration (1) When 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. (2) The 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. (3) The Registrar may refuse to transfer the registration of a motor vehicle pending investigations (which may include examination of the vehicle)— (a) to 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 (b) to ascertain whether— (ii) the vehicle would, if driven on a road, put the safety of persons using the road at risk; or (iii) the vehicle or part of the vehicle is or may be stolen. (4) The Registrar may refuse to transfer the registration of the vehicle if— (a) the 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 (c) the Registrar reasonably believes that the vehicle or part of the vehicle is or may be stolen. (5) The Registrar must refuse to transfer the registration of a vehicle if— (a) the vehicle is a vehicle of a class prescribed for the purposes of section 139(1)(c); and (b) the vehicle has been examined under section 139; and (c) the 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. (6) The 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. 59—Non-transferable registrations If a registration is not transferable, no application to transfer the registration may be required or made. 60—Cancellation of registration where failure to transfer after change of ownership (1) If no application for the cancellation or transfer of the registration of a motor vehicle has been lodged— (a) within 14 days after the transfer of ownership of the vehicle; or (b) where the Registrar has, under section 57(4), extended the time for the lodgement of an application to transfer the registration, within that time, the Registrar may cancel the registration. (2) The Registrar must, after cancelling the registration, on application by the transferee, make any refund required under the regulations. 60A—Lodgement of applications, notices etc For 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. 61—Hire-purchase transactions (1) Where 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. (a) an 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 (b) the hirer has lost any legal right to obtain the return of the vehicle, section 57 applies in relation to the owner as if— (c) the 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 (d) the reference to "the transferee" in that section were a reference to "the owner", and sections 58 and 60 have effect accordingly. (4) Where a hirer of a motor vehicle in whose name the vehicle is registered— (a) returns the vehicle to the owner on termination of the hiring; or (b) if the vehicle is the subject of a hire-purchase agreement, voluntarily returns the vehicle to the owner, the return will be taken to be a transfer for the purposes of sections 56, 57, 58 and 60. 61A—Removal of number plates by Chief Recovery Officer If 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— (a) may cancel the registration of the vehicle; and (b) must, 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).