Div 3Registration procedure

Division 3—Registration procedure 20—Application for registration (1) An application for registration of a motor vehicle must— (a) be made in a manner and form determined by the Minister; and (b) state correctly— (i) in the case of an application other than for renewal of registration—the following particulars: (A) the full name of the owner of the vehicle; (B) if the owner of the vehicle is a natural person—the address at which the owner is ordinarily resident; (C) if the owner of the vehicle is a body corporate—the address of the principal place of business in this State of the body corporate; (D) the full name of the operator of the vehicle (whether or not that person is the owner or an owner of the vehicle); (E) if 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; (F) if 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; (G) the garage address of the vehicle; (H) in the case of an application relating to a heavy vehicle—the configuration of the vehicle for the period of registration; or (ii) in the case of an application for renewal of registration—the particulars prescribed by the regulations; and (c) include such other information as the Minister may require. (1a) If application is made for the 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 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. (2) At the time of making the application— (a) the prescribed fee; and (b) the appropriate insurance premium; and (ba) the appropriate LSS Fund levy; and (c) the stamp duty (if any) payable on the application, must be paid to the Registrar. (2a) Where 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. (3) An application cannot be made or granted for— (a) a person under the age of 18 years to be registered as the owner or operator of a heavy vehicle; or (b) a 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 (c) the registration of a motor vehicle with a garage address outside this State. (4) If 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. 21—Power of Registrar to decline application Where application for registration of a motor vehicle is made and— (a) the application is not entirely in order; or (b) the full amount payable to the Registrar in respect of the application has not been paid; or (c) the 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 (d) the Registrar has refused to determine the application until the particulars disclosed in the application are verified; or (e) a court has ordered that the vehicle not be registered until some condition is complied with and the condition has not been complied with, the Registrar may decline the application and return or refund any prescribed registration fee and insurance premium paid in respect of the application. 22—Registrar may require applicant to supply information The 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— (a) any facts upon which the amount of any payment to be made to the Registrar for, or in respect of, registration or insurance depends; or (b) any 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 (c) any matter in relation to which information is required to be disclosed in the application. 23—Refusal to register unfit vehicles If 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. 23A—Information required before registration of new vehicles (1) The 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. (2) A 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. new 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. 24—Duty to grant registration (1) On 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— (a) register the motor vehicle in the register of motor vehicles— (i) for a period of— (A) in the case of a heavy vehicle—12 months or 1, 2 or 3 quarters; or (B) in any other case—12 months or 1 quarter; or (ii) where 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 (iii) where 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, at the option of the applicant; and (b) record 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. (1a) Despite 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. (1b) The registration of a motor vehicle may be renewed despite the expiry of the previous registration provided that— (a) the 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 (b) the application for renewal is made— (i) in 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 (ii) in any other case—within 12 months after the expiry of the previous registration. (1c) Notwithstanding 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. (2) The Registrar may refuse to register 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. (3) The Registrar may refuse to register a 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; or (ca) the vehicle is of a class prescribed for the purposes of this section; or (d) registration of the vehicle in another State or Territory of the Commonwealth has been cancelled or suspended for reasons that still exist; or (e) there are unpaid fines or pecuniary penalties arising out of the use of the vehicle in another State or Territory of the Commonwealth. (4) The Registrar must refuse to register 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. (5) The 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.