Div 6Registration fees

Division 6—Registration fees 27—Regulation of registration fees The Governor may, by regulation— (a) prescribe a scale of registration fees, or provide for the computation or assessment of registration fees, in respect of motor vehicles or any class of motor vehicles; and (b) make any provision necessary or expedient in relation to the computation or assessment of registration fees or the resolution of any dispute between the Registrar and an applicant for registration as to the appropriate registration fee to be paid on an application for registration of a motor vehicle; and (c) provide for the public exhibition of lists containing the specifications of motor vehicles of standard models or kinds and any other information relevant to the computation of registration fees. 28—Payments into National Heavy Vehicle Regulator Fund (1) The Registrar must, in accordance with a scheme agreed with the National Heavy Vehicle Regulator, pay into the National Heavy Vehicle Regulator Fund any amounts collected or received in respect of the regulatory component of the prescribed registration fees for heavy vehicles. (2) If the prescribed registration fee for a heavy vehicle is to be reduced by the prescribed amount under section 34 or 37, the prescribed amount is to be deducted from the road use component of the registration fee and not the regulatory component. National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia); National Heavy Vehicle Regulator Fund means the National Heavy Vehicle Regulator Fund established under the Heavy Vehicle National Law (South Australia); regulatory component of the prescribed registration fee means that component of the registration fee prescribed by the regulations or a fee notice under the Legislation (Fees) Act 2019 as the regulatory component of the registration fee; road use component of the prescribed registration fee means that component of the registration fee prescribed by the regulations or a fee notice under the Legislation (Fees) Act 2019 as the road use component of the registration fee. 31—Registration without fee (1) The Registrar must register without fee— (j) any motor vehicle owned by an accredited diplomatic officer or accredited consular officer de carriere, who is a national of the country which the officer represents and who resides in the State; (q) any motor vehicle that is to be registered without fee by virtue of the regulations. (a) a motor vehicle has been registered under this section; and (b) an application for registration of the motor vehicle is made otherwise than under this section; and (c) the motor vehicle has not previously been registered under this Act upon an application by the present applicant in respect of which stamp duty has been paid, the Registrar must treat the application as if the vehicle had not previously been registered under this Act, and registration fees and stamp duty will be payable on the application accordingly. (3) This section does not apply in relation to a heavy vehicle other than a heavy vehicle of a kind referred to in subsection (1)(j). 34—Registration fees for primary producers' commercial vehicles (1) If the owner of a commercial motor vehicle— (a) satisfies the Registrar by such evidence as the Registrar requires that the owner is a primary producer in this State; and (b) undertakes that that motor vehicle will not, unless the balance of the prescribed registration fee is paid, be used on roads for carrying Her Majesty's mails, goods or passengers for pecuniary reward or for carrying goods in the course of any trade or business other than that of a primary producer, carry, carrying and carriage respectively include haul, hauling and haulage. 37—Registration fees for vehicles in outer areas outer area means— (a) the whole of Kangaroo Island; or (ab) the area of the District Council of Coober Pedy; or (ac) the area of the District Council of Roxby Downs; or (b) all other parts of the State that are not within a municipality, a district council area or Iron Knob. (1a) In subsection (1)— Iron Knob means all that portion of County of Manchester within a circle having a radius of 2 415 metres and its centre at the south-western corner of Allotment 270, town of Iron Knob. (2) If the owner of a motor vehicle undertakes that, unless the balance of the prescribed registration fee is paid, the motor vehicle will, during the period for which registration is applied for— (a) be used wholly or mainly in outer areas; and (b) be in the possession and under the control of a person who resides in an outer area; and (c) be usually kept at premises situated in an outer area, 37A—Application of sections 38 to 38B Sections 38 to 38B (inclusive) do not apply in relation to a heavy vehicle. 38—Registration fees for incapacitated ex-service personnel (1) If the Registrar is satisfied by such evidence as the Registrar requires that— (a) a motor vehicle is owned by a person who has been a member of a naval, military or air force of Her Majesty; and (b) the owner, as a result of service in a naval, military or air force, is totally and permanently incapacitated, or is blind, or has lost a leg or foot, or receives under the laws of the Commonwealth relating to repatriation a pension at the rate for total incapacity, or a pension granted by reason of impairment of the power of locomotion at a rate not less than 70 per cent of the rate for total incapacity; and (c) the motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner, (b) any motor vehicle in respect of the registration of which a reduced fee is payable pursuant to any provision of this Act other than this section. (3) If the registered owner of a motor vehicle that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void upon the expiration of that period. 38A—Reduced fees for pensioner entitlement card holders (1) If the Registrar is satisfied by such evidence as the Registrar requires that the owner of a motor vehicle— (a) is entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares; and (b) the motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner, (b) any motor vehicle in respect of the registration of which a reduced fee is payable pursuant to any provision of this Act other than this section. (3) If the registered owner of a motor vehicle that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period. 38AB—Registration fees for trailers owned by pensioner entitlement card holders (1) If the Registrar is satisfied by such evidence as the Registrar requires that the owner of a trailer— (a) is entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares; and (b) the trailer will, during the period for which it is sought to be registered, be wholly or mainly employed in the personal use of the owner, the prescribed registration fee for that trailer must be reduced by the prescribed amount. (2) This section does not authorise the registration at a reduced fee of more than one trailer owned by the same owner. (3) If the registered owner of a trailer that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the trailer, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period. 38B—Registration fees for certain incapacitated persons or carers (1) If the Registrar is satisfied by such evidence as the Registrar requires— (a) that— (i) the owner of a motor vehicle, in consequence of the loss of the use of 1 or both legs, is permanently unable to use public transport; and (ii) the motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for the transport of the owner; or (b) that— (i) the owner of a motor vehicle is the parent or legal guardian of a child who, in consequence of the loss by the child of the use of 1 or both of the child's legs, is permanently unable to use public transport; and (ii) the motor vehicle will, during the period for which it is sought to be registered, be wholly or mainly used for transporting the child, (b) any motor vehicle in respect of the registration of which a reduced fee is payable pursuant to any provision of this Act other than this section. (3) If the registered owner of a motor vehicle that has been registered at a reduced fee in accordance with this section dies, or ceases to be the owner of the vehicle, the registration will, subject to this Act, continue in force for a period of one month after death, or the cessation of ownership, and will, unless the balance of the prescribed registration fee is paid, become void on the expiration of that period. 40—Balance of registration fee Where a vehicle has been registered at a reduced registration fee, the registered owner or the registered operator of the vehicle may, at any time while that registration is in force, pay to the Registrar the balance of the prescribed registration fee, and thereafter during the balance of the period for which it was registered, the vehicle may be used as if it had been registered upon payment of the prescribed registration fee. 40A—Refund of part of registration fee on eligibility for reduced fee Where a vehicle has been registered upon payment of the prescribed registration fee and the owner of the vehicle becomes entitled to an exemption from, or reduction of, registration fees at any time during the period for which the vehicle is registered, the Registrar has a discretion to refund to the owner of the vehicle such part of the registration fee as the Registrar thinks just in the circumstances. 41—Misuse of vehicles registered at reduced fees or without fees motor vehicle of restricted registration means a motor vehicle— (a) registered for a period in respect of which no registration fee has been paid; or (b) registered for a period in respect of which only a reduced registration fee has been paid. (2) A person must not use or keep a motor vehicle of restricted registration for a purpose or in circumstances contrary to the terms of a statement or undertaking that was made in connection with the application for registration, or transfer of registration, of the vehicle. (2a) A person must not contravene or fail to comply with a condition of registration of a motor vehicle under section 25. (3) Where a person has been convicted of an offence under this section, the court may order, in addition to any penalty it may have imposed, that the convicted person pay to the Registrar within a period specified in the order— (a) if the motor vehicle was registered without fee—the whole of the prescribed registration fee that would have been payable in respect of the period of registration during which the offence was committed had the motor vehicle not qualified for restricted registration; or (b) if the motor vehicle was registered at a reduced registration fee—the balance between the fee paid and the prescribed registration fee that would have been payable in respect of the period of registration during which the offence was committed had the motor vehicle not qualified for restricted registration, together with the stamp duty (if any) that would have been payable by the convicted person upon the application for that period of registration had the motor vehicle not qualified for restricted registration. (4) Upon making an order under subsection (3), the court must notify the Registrar in writing of the terms of the order. (5) Notwithstanding any other provision of this Act, registration fees paid pursuant to an order under subsection (3) are not refundable upon subsequent cancellation of registration. 42—Registration not transferable in certain cases where vehicle registered at reduced fee or for no fee (1) The registration of a motor vehicle that has been registered without payment of a fee is not transferable unless the transferee satisfies the Registrar that the transferee is entitled to the same exemption from registration fees as the transferor. (2) The registration of a motor vehicle that has been registered at a reduced registration fee is not transferable unless— (a) the transferee satisfies the Registrar that the transferee is entitled to the same reduction of registration fees as the transferor; or (b) the balance of the prescribed registration fee is paid at or before the time of lodgement of an application to transfer the registration of the vehicle to the transferee. 43—Short payment etc (1) Where any amount is payable to the Registrar for registration, or insurance, in respect of a motor vehicle— (a) because the motor vehicle was incorrectly described in the application for registration of the motor vehicle and the vehicle was consequently registered or insured for less than the full amount payable in respect of the vehicle; or (b) because of any alteration of, or addition to, the motor vehicle; or (c) for any other reason, the Registrar may by notice given in a manner and form determined by the Minister to the registered owner or the registered operator of the motor vehicle demand payment of that amount. (2) The amount referred to in subsection (1) may be recovered by the Registrar as a debt in any court of competent jurisdiction. (3) If the amount referred to in subsection (1) is not paid within 14 days after notice under that subsection has been given, the Registrar may, by notice given in a manner and form determined by the Minister to the person registered as the owner or operator of the motor vehicle, cancel the registration. (4) The Registrar may, without any authority or appropriation other than this subsection, refund upon cancellation of the registration of a motor vehicle under this section such proportion of the amount paid to the Registrar by the person in whose name the motor vehicle was registered, as the Registrar thinks just. 43A—Temporary configuration certificate for heavy vehicle (1) A person must not drive a registered heavy vehicle on a road in an unregistered configuration unless a temporary configuration certificate is in force under this section in respect of the vehicle for that configuration. (2) If a person drives a heavy vehicle on a road in contravention of subsection (1), the vehicle will be taken to be unregistered for the purposes of this Act. (3) If a person is guilty of an offence of driving an unregistered vehicle on a road by virtue of subsection (2), a person who caused or permitted the vehicle to be so driven is also guilty of an offence. (4) If the registered owner or the registered operator of a registered heavy vehicle— (a) applies for a temporary configuration certificate to be issued in respect of the vehicle for a configuration other than the vehicle's registered configuration; and (b) pays to the Registrar— (i) a fee equal to the product obtained by multiplying the number of days in the period for which the certificate is to be in force or 90 days (whichever is the greater) by one-three hundred and sixty fifth of the difference between— (A) the prescribed registration fee that would be payable for registration of the vehicle for 12 months if that other configuration were nominated in an application for such registration; and (B) the prescribed registration fee that would be payable for registration of the vehicle for 12 months if its registered configuration were nominated in an application for such registration, (a fraction of one dollar being counted as one dollar); and (ii) the prescribed administration fee, the Registrar may issue such a certificate to the registered owner or the registered operator of the vehicle. (5) A certificate may be issued under this section in respect of a vehicle so as to be in force for a period specified in the certificate at the option of the applicant, being a period not exceeding the unexpired portion of the vehicle's registration. (6) A certificate under this section will be in a form determined by the Minister. (7) A person who drives a vehicle on a road while a certificate is in force in respect of the vehicle under this section must— (a) carry the certificate in the vehicle; and (b) if so required by a police officer or an authorised officer, produce the certificate for inspection by the police officer or authorised officer. (8) If the Registrar is satisfied that a certificate under this section has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate. (9) The Registrar may, on application by the holder of a certificate under this section, cancel the certificate. (10) If the registration of a vehicle in respect of which a certificate is in force under this section is cancelled or transferred, the certificate is cancelled. (11) Subject to subsection (12), if a certificate under this section is cancelled, any registration fee paid for the issue of the certificate is not refundable. (12) The Registrar may, if satisfied that reasonable cause exists for doing so, refund all or part of a fee (other than an administration fee) paid for the issue of a certificate under this section. (13) Where the person recorded in the register of motor vehicles as the owner or the operator of a heavy vehicle is convicted of an offence of driving the vehicle while it is unregistered by virtue of subsection (2) or of an offence against subsection (3), the court must order, in addition to any other penalty it may have imposed, that the convicted person pay to the Registrar within a period specified in the order, the difference between— (a) the prescribed registration fee that would have been payable for registration of the vehicle for the period for which the vehicle's registration was effected if the current configuration of the vehicle at the time of the offence had been nominated in the application for the registration of the vehicle; and (b) the prescribed registration fee that was paid for registration of the vehicle. (14) On making an order under subsection (13), the court must notify the Registrar in writing of the terms of the order. (15) Despite any other provision of this Act, registration fees paid pursuant to an order under subsection (13) are not refundable on subsequent cancellation of registration. (16) For the purposes of this section— (a) current configuration, in relation to a registered heavy vehicle, means the vehicle in its current form together with the trailers (within the meaning of the regulations), if any, that are being hauled by the vehicle; (b) registered configuration, in relation to a registered heavy vehicle, means the configuration nominated in the application for the registration of the vehicle; (c) the current configuration of a registered heavy vehicle will be taken to be an unregistered configuration if— (i) it does not conform to the vehicle's registered configuration; and (ii) the amount paid for registration in respect of the vehicle was less than the amount that would have been payable if the vehicle's current configuration had been nominated in the application for the registration of the vehicle.