Part 5Supplementary provisions

Part 5—Supplementary provisions 135—False statements (1) A person must not in furnishing information, or compiling a record, pursuant to this Act make, or include in the record, a statement that is false or misleading in a material particular. Maximum penalty: $5 000 or imprisonment for 6 months. (2) On a charge of an offence under subsection (1), it is not necessary for the prosecutor to prove the state of mind of the defendant, but the defendant is entitled to be acquitted if the defendant proves that when making the statement the defendant believed and had reasonable grounds for believing it was true. (3) This section applies to written and oral statements, and in respect of written and oral applications and requests. (4) Where, in pursuance of a false statement made by a person, the Registrar has refunded any money paid under this Act— (a) the court may, in any proceedings against that person for an offence against this section, in addition to any penalty, order the defendant to pay to the Registrar the money so refunded; or (b) the Registrar may recover the money from that person as a debt in any court of competent jurisdiction. (5) A prosecution for an offence against subsection (1) may be commenced at any time within 2 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney‑General, at a later time within 5 years after the date of the alleged commission of the offence. (6) An apparently genuine document purporting to be signed by the Attorney‑General and to authorise the commencement of proceedings for an offence against subsection (1) will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. 135A—Bribes A person must not, while acting in the administration of this Act or in the exercise of any powers conferred or delegated under this Act, solicit, receive or accept any bribe, and a person must not give or offer a bribe to any such person. Maximum penalty: $2 500 or imprisonment for 6 months. 135B—Applications made by agent (1) Where it appears to the Registrar that an application under this Act is made by an agent of a person, the Registrar may require the agent to provide evidence to the satisfaction of the Registrar that the agent is authorised by that person to make the application on the person's behalf. (2) If an agent fails or refuses to comply with a requirement of the Registrar under subsection (1), the Registrar may refuse to deal with the application. 135C—Proof of identity The Registrar may require a person making an application or furnishing information under this Act to produce evidence to the satisfaction of the Registrar of the person's identity. 136—Duty to notify change of name, address etc (1) If a person (other than a body corporate) who is— (b) the holder of a licence or learner's permit, changes the person's name or the place at which the person is ordinarily resident, the person must within 14 days of doing so give notice to the Registrar in a prescribed manner of the new name or new place at which the person is ordinarily resident, as the case may require. (2) If a person (other than a body corporate) who holds trade plates changes the person's name or principal place of business within the State, the person must within 14 days of doing so give notice to the Registrar in a prescribed manner of the person's new name or new principal place of business, as the case may require. (2a) If a body corporate that is— (b) the holder of trade plates, changes the principal place of business of the body corporate within the State, the body corporate must within 14 days of doing so give notice to the Registrar in a prescribed manner of the new principal place of business of the body corporate. (2b) If a motor vehicle ceases to have the garage address registered in respect of the vehicle, the registered operator of the vehicle must within 14 days of the change of garage address, give notice to the Registrar in a prescribed manner of the vehicle's new garage address. (2c) If the person recorded on the register of motor vehicles as the operator of a registered motor vehicle ceases to be the operator of the vehicle and no change of the vehicle's ownership occurs, the registered owner of the vehicle must within 14 days of the change of operator, give notice to the Registrar in a prescribed manner of the vehicle's new operator. (2d) If a person who is— (b) the holder of a licence or learner's permit; or (c) the holder of trade plates, changes the person's postal address, the person must, within 14 days of the change, give notice to the Registrar in a prescribed manner of the person's new postal address. (3) The Registrar may require a person giving notice of a change of name, residence, principal place of business, postal address or garage address of a vehicle in a particular manner to produce evidence of the change to the satisfaction of the Registrar. (4) A requirement under subsection (3) may be made in writing or orally. (5) If a person fails to comply with a requirement of the Registrar under subsection (3), the person will, for the purposes of this section, be taken to have failed to give notice in the manner to which the requirement relates. 137—Duty to answer certain questions A person must when requested by a police officer or an authorised officer in the course of performing duties under this Act forthwith truly answer any question put to the person for the purpose of ascertaining— (a) the purpose for which or the circumstances in which a motor vehicle bearing a trade plate or a motor vehicle registered at a reduced fee is being or was being driven on any occasion; (b) the name and place of residence or business of any person who is or was driving any motor vehicle on any occasion. 137A—Obligation to provide evidence of design etc of motor vehicle The registered owner or the registered operator of a motor vehicle must, on request by the Registrar or an authorised officer, provide to the Registrar or authorised officer such evidence of the design, construction, maintenance, safety, ownership or appearance of the vehicle as is required by the Registrar or authorised officer. 138—Obligation to provide information (1) If the Registrar believes on reasonable grounds that any information contained in the register of motor vehicles or the register of licences is inaccurate, incomplete or misleading, the Registrar may by notice in writing require the registered owner or the registered operator of a motor vehicle, or the holder of a licence, as the case may require, to provide evidence to the Registrar in such form as the Registrar may require, relevant to the issuing, variation or continuation of the registration of the vehicle or the licence, including the holder's personal details and residential address. (2) For the purposes of subsection (1), the Registrar may require a person to provide specified documents for inspection and attend at a time and place specified in the notice for identification. (3) If a person who is required to attend for identification requests a change to the time or place specified in the notice, the Registrar must consider that request and may change the time or place in accordance with the request. (4) If a person fails to comply with a requirement made of the person under this section, the person is guilty of an offence. 138A—Commissioner of Police to give certain information to Registrar The Commissioner of Police— (a) must, upon the request of the Registrar; and (b) may, at any other time, provide the Registrar with such information as may be relevant to the question of whether a particular person is a fit and proper person to hold any licence, permit or towtruck certificate under this Act, to hold a position on an accident towing roster established under the accident towing roster scheme or to be delegated powers or functions of the Registrar under this Act. 138B—Effect of dishonoured cheques etc on transactions under the Act (a) an amount payable to the Registrar under this Act or lawfully collected by the Registrar on behalf of any other person or body is purportedly paid by the giving of a cheque or use of a debit card or credit card; and (b) the cheque is dishonoured on presentation or the amount is not paid to the Registrar by the body that issued the card or is required to be repaid by the Registrar, the transaction in relation to which the payment was purportedly made will be taken to be, and to always have been, void and of no effect. (2) The Registrar may, in such circumstances as the Registrar thinks fit, by notice given in a manner and form determined by the Minister to the person who is liable to make the payment, suspend the operation of subsection (1) for such period as may be specified in the notice, for the purpose of allowing that person to make payment in accordance with subsection (3) within that period. (3) If a person to whom notice has been given under subsection (2) pays the due amount and the prescribed charges in the time specified, the transaction will be taken to be, and to always have been, effective. (4) Where a transaction is void by virtue of this section, the Registrar may, by notice given in a manner and form determined by the Minister to the person who is liable to make the payment— (a) require the person to deliver to the Registrar at a place and within a reasonable time specified in the notice any licence, permit, certificate, plate or other document or thing issued or renewed by the Registrar in consequence of the purported transaction; or (b) require the person to deal with any such licence, permit, certificate, plate, document or thing in the prescribed manner. (5) A person must comply with a notice served under subsection (4). (6) Where, in any proceedings for an offence against this or any other Act, it is proved that the defendant has had the benefit of any licence, permit, certificate, plate or other document or thing issued or renewed pursuant to a transaction that is void by virtue of this section, the court may, in addition to any penalty, order the defendant to pay to the Registrar such proportion as the court thinks appropriate of the sum that the defendant was liable to pay on the issue or renewal of that licence, permit, certificate, or other document or thing and the prescribed charges. (7) Notwithstanding any other provision of this section, where a transaction is void pursuant to this section, the Registrar, in such circumstances as the Registrar thinks fit— (a) may accept late payment by the applicant of the due amount and the prescribed charges and direct that the transaction be taken to have been effective as from a day specified by the Registrar; or (b) may refuse to enter into any further transaction with the applicant, unless the applicant pays to the Registrar the amount that was payable in respect of the void transaction, or such proportion of that amount as the Registrar thinks fit, and the prescribed charges. prescribed charges means— (a) the prescribed administration fee; and (b) any charges imposed on the Registrar in respect of the dishonoured cheque or debit card or credit card transaction concerned. 139—Inspection of motor vehicles (1) Subject to this section, the Registrar or an authorised vehicle inspector may examine a motor vehicle for any of the following purposes: (a) verifying any information disclosed in— (i) an application made to the Registrar in respect of the vehicle or any evidence provided by an applicant in response to a requirement of the Registrar under this Act; or (ii) a notice of the making of an alteration or addition to the vehicle given to the Registrar by a person under section 44 or any evidence provided by a person in response to a requirement of the Registrar under that section; (b) ascertaining any facts on which the amount of any fee or payment to the Registrar in respect of the vehicle depends; (c) ascertaining whether— (ii) the vehicle would, if driven on a road, put the safety of persons using the road at risk; (d) ascertaining whether the vehicle or part of the vehicle is or may be stolen. (2) A motor vehicle may not be examined for the purposes of subsection (1)(c) unless— (a) the vehicle is of a class prescribed for the purposes of that subsection; or (b) an application to register, or transfer the registration of, the vehicle has been made; or (c) notice of the making of an alteration or addition to the vehicle is given, or is required to be given, to the Registrar by a person under section 44; or (d) prescribed circumstances exist. (3) The Registrar may determine that motor vehicles of a class prescribed for the purposes of subsection (1)(c) must be examined periodically at intervals prescribed by the regulations. (4) For the purposes of subsection (1)— (a) the Registrar or an authorised vehicle inspector may take from any part of a motor vehicle a sample of any liquid fuel used or appearing to be used for propelling that vehicle; (b) the Registrar, a police officer or an authorised officer may— (i) enter and remain in any premises at any reasonable time and search those premises for motor vehicles; or (ii) require a person to produce a motor vehicle at a specified authorised inspection station or other specified place at a specified day and time for the purpose of examination. (5) The Registrar, a police officer or an authorised officer may only exercise the powers conferred by subsection (4)(b)(i) in respect of residential premises on the authority of a warrant issued by a magistrate. (6) A warrant may not be issued unless the magistrate is satisfied that the warrant is reasonably required in the circumstances. (7) An application for the issue of a warrant— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. (8) A person of whom a requirement is made by the Registrar, a police officer or an authorised officer under subsection (4)(b)(ii) must not refuse or fail to comply with the requirement. (9) A person must not— (a) without reasonable excuse, hinder or obstruct an authorised vehicle inspector in the exercise of powers under this section; or (b) falsely represent, by words or conduct, that the person is an authorised vehicle inspector; or (c) falsely represent, by words or conduct, that premises are an authorised inspection station. (10) The Registrar may— (a) authorise a person, or persons of a specified class, to examine motor vehicles for the purposes of this section; (b) authorise the use of specified premises as an inspection station for the examination of motor vehicles for the purposes of this section; (c) make an authorisation under paragraph (a) or (b) subject to such terms and conditions as the Registrar thinks fit; (d) vary or revoke an authorisation under paragraph (a) or (b) at any time. (11) The Minister may, for the purposes of this section, establish a code of practice to be observed by persons authorised to examine motor vehicles in accordance with this section. (12) A person who contravenes a code of practice established under this section is guilty of an offence. (13) A person authorised by the Registrar to examine motor vehicles for the purposes of this section may, with the approval of the Minister, charge fees for the examination of a motor vehicle that exceed the fees prescribed under this Act or the Road Traffic Act 1961 for that purpose. (14) The Minister may, for the purposes of subsection (13), grant or revoke an approval as the Minister thinks fit, or make any approval subject to such conditions as the Minister thinks fit. (15) In this section— authorised inspection station means premises used as an inspection station for the examination of motor vehicles pursuant to an authorisation under subsection (10); authorised vehicle inspector means— (a) an authorised officer; or (b) a police officer; or (c) a person, or person of a class, authorised to examine motor vehicles pursuant to an authorisation under subsection (10). 139AA—Where vehicle suspected of being stolen Where, following inspection of a vehicle under this Part, the person responsible for carrying out the inspection (other than a police officer) reasonably suspects that the vehicle or part of the vehicle is or may be stolen, the person must— (a) immediately inform a police officer of that suspicion and the reason for it; and (b) seize and detain the vehicle until it can be delivered into the custody of a police officer. 139A—Suspension of disqualification on appeal (1) A person who by virtue of an order of a court under this Act is disqualified from holding or obtaining a driver's licence may appeal against the order in the same manner as against a conviction. (2) Pending the hearing and determination of any such appeal the operation of any such order may be suspended— (a) in the case of an order made by the Magistrates Court, by a magistrate or a judge of the Supreme Court; (b) in the case of an order made by the Supreme Court, by a judge of that Court. (3) An order of suspension may be made before or after the institution of the appeal, but will not have any effect until the defendant— (a) has duly instituted the appeal and paid the appropriate court fees; and (b) has served on the Registrar the order of suspension or a copy of it, and a notice that the appeal has been duly instituted and the fees paid. 139BA—Power to require production of licence etc (1) Where by or under this or any other Act— (a) a licence or learner's permit is cancelled or suspended or has become void, or the holder of a licence or learner's permit is disqualified from holding or obtaining a licence or permit; or (b) a decision or order is made, or the Registrar is required— (i) to cancel or suspend a licence or learner's permit; (ii) to disqualify the holder of a licence or learner's permit from holding or obtaining a licence or permit; (iii) to make, vary or remove any endorsement on a licence or learner's permit of or relating to any classification, condition, disqualification, suspension or other restriction, the court, person or body making the decision or order, or, in any case, the Registrar, may require the holder of the licence or permit to produce the licence or permit at a specified place and within a specified period. (2) A requirement for production of a licence or permit may be imposed by— (a) order of a court; or (b) notice given in a manner and form determined by the Minister to the holder of the licence or permit. (3) A person must comply with a requirement for production of a licence or permit imposed under this section. (4) Where a licence or permit is produced pursuant to this section, the court, person or body to whom it is produced, or, in any case, the Registrar, may do one or more of the following as the case may require: (a) make, vary or remove any endorsement on the licence or permit; (b) where the licence or permit is or is to be cancelled or suspended or has become void, or a disqualification is imposed on the holder of the licence or permit—retain the licence or permit. 139BB—Issue of new licence or permit where licence etc cannot be endorsed (a) an endorsement is to be made on a licence or learner's permit or an existing endorsement on a licence or permit is to be varied or removed; and (b) the licence or permit is in such a form that the endorsement cannot be made, varied or removed, the Registrar may, on production of the licence or permit, retain the licence or permit and issue to the holder of the licence or permit a new licence or permit bearing the appropriate endorsements. (2) Where a new licence or permit is issued under this section, the old licence or permit has no further force or effect and must be destroyed. (3) A licence or permit issued under this section will, for the purposes of this Act, be taken to have been in force from the date on which the old licence or permit was issued or last renewed. 139BC—Manner of endorsing licence etc An endorsement on a licence or learner's permit is, for the purposes of this Act, sufficiently made if it is made in accordance with the regulations. 139BD—Service and commencement of notices of disqualification (1) A notice of disqualification authorised or required to be given under this Act must be given in accordance with this section. (2) A notice of disqualification must in the first instance be sent by post, addressed to the person to whom it is required to be given, at the person's last known postal address. (3) The Registrar must, in the notice— (a) require the person— (i) to personally acknowledge receipt of the notice— (A) by attending, within the period specified in the notice, at a place of a kind prescribed by the regulations; or (B) by recording the acknowledgement, within the period specified in the notice, by electronic means of a kind determined by the Minister; and (ii) to pay to the Registrar, in accordance with the notice, the administration fee prescribed by the regulations; and (b) inform the person that if the person fails to comply with the requirements of the notice— (i) another notice of disqualification will be issued and served on the person personally; and (ii) the person will be liable to pay a service fee of the amount prescribed by the regulations; and (iii) the Registrar may refuse to enter into any transaction with the person until the person pays the service fee; and (c) inform the person that if another notice of disqualification is issued and an attempt to serve the notice personally is unsuccessful, the Registrar may refuse to enter into any transaction with the person until the person pays the service fee and personally acknowledges receipt of the notice in accordance with the notice. (4) If a person to whom a notice of disqualification is posted fails to comply with a requirement made under subsection (3) within the period specified in the notice— (a) the notice is to be taken for the purposes of this Act not to have been given to the person; and (b) the Registrar must issue another notice of disqualification and cause it to be served on the person personally. (5) If an attempt is made to effect personal service of a notice of disqualification— (a) the Registrar may, if the attempt is successful, refuse to enter into any transaction with the person to whom the notice was given until the person pays the service fee prescribed by the regulations; or (b) the Registrar may, if the attempt is unsuccessful, refuse to enter into any transaction with the person to whom the notice is required to be given until— (i) the person personally acknowledges receipt of the notice in accordance with the notice; and (ii) the person pays the service fee prescribed by the regulations. (6) For the purposes of this Act, a notice of disqualification is to be taken to have been given to a person— (a) in the case of a notice receipt of which is personally acknowledged by the person as required by the notice—on the day on which receipt of the notice is so acknowledged; or (b) in the case of a notice that is served on the person personally—on the day on which the notice is so served. (7) A notice of disqualification must specify when the notice will take effect in accordance with this section. (8) Subject to subsections (9) and (9a), a notice of disqualification takes effect as follows: (a) in the case of a notice receipt of which is personally acknowledged by a person as required by the notice—28 days after the day specified in the notice; (b) in the case of a notice that is served on a person personally—28 days after the day on which the notice is so served. (9) If, at the time that a notice of disqualification is due to take effect, the person is already disqualified from holding or obtaining a licence or permit or the person's licence or permit is already suspended, the notice of disqualification will instead take effect on the termination of that prior disqualification or suspension. (9a) If, in accordance with subsection (8), 2 or more notices of disqualification would take effect at the same time, the notices of disqualification will instead take effect in the order determined by the Registrar, with each notice of disqualification taking effect on the termination of the prior disqualification or suspension. (10) If the Registrar considers that there are proper reasons for doing so, the Registrar may, at any time before a notice of disqualification takes effect, reissue the notice. (11) In this section— notice of disqualification means a notice under section 81B(1), 81BA(4), 81BB(8), 81BC(2), 81C(2), 81D(2)(b) or (c), 98BD(2) or 98BE(2a). 139C—Service of other notices and documents (1) Except as otherwise provided in this Act, a notice or other document required or authorised to be given to or served on a person may— (a) be served on that person personally; or (b) be sent by post addressed to that person at the person's last known postal address; or (c) be given to the person by electronic means of a kind determined by the Minister. (2) If a notice or other document is required or authorised to be given to or served on the registered owner of a motor vehicle, it is sufficient for the purposes of this Act, in a case where there is more than one registered owner of the vehicle, if it is given to or served on only one or some of the registered owners. 139D—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act must not divulge or communicate information obtained (whether by that person or otherwise) in the administration of this Act except— (a) as required or authorised under this or any other Act; or (b) with the consent of the person from whom the information was obtained or to whom the information relates; or (c) in connection with the administration of— (i) this Act; or (ii) the Heavy Vehicle National Law (South Australia) Act 2013; or (iii) the Heavy Vehicle National Regulations (South Australia); or (iv) the local regulations made under the Heavy Vehicle National Law (South Australia) Act 2013; or (d) to a public authority of any jurisdiction for law enforcement purposes or a prescribed public authority of any jurisdiction; or (e) to a court or in connection with any legal proceedings; or (ea) as may be required for the purposes of— (i) the Fines Enforcement and Debt Recovery Act 2017; or (ii) Part 4 Division 3 of the Local Nuisance and Litter Control Act 2016; or (iii) section 5D of the Environment Protection Act 1993; or (f) in accordance with guidelines prescribed by the regulations. (2) The Registrar or a person authorised by the Registrar may— (a) require a person applying for the disclosure of information obtained in the administration of this Act to provide such evidence as the Registrar or authorised person considers necessary to determine the application; (b) if the Registrar or authorised person thinks fit, require any such evidence to be verified by statutory declaration. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (4) For the purposes of this section— (a) a reference to the administration of this Act is to be taken to include a reference to the administration of the Road Traffic Act 1961; and (b) an approved alcohol interlock provider, and a person engaged in the activities of an approved alcohol interlock provider for the purposes of this Act, are to be taken to be engaged in the administration of this Act. 139E—Protection from liability (3) No civil or criminal liability is incurred by a person who, in good faith, furnishes the Registrar with information that discloses or suggests that another person is or may be unfit to drive a motor vehicle. 139G—Offences by authorised officers An authorised officer who— (a) addresses offensive language to any person; or (b) without lawful authority or a reasonable belief as to lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any person, 140—Evidence of registers (1) A document purporting to be an extract from, or copy of, an entry contained in any register kept pursuant to this Act and purporting to be certified as such an extract or copy by the Registrar is, in all legal proceedings and arbitrations, admissible as evidence, and is, in the absence of proof to the contrary, proof of the matters stated without the production of any register, licence, notice or other document upon which any entry may be founded. (2) With respect to the ownership of a motor vehicle, subsection (1) operates to facilitate proof of the person recorded on the register of motor vehicles as the owner of the vehicle but neither the register nor an extract from, or copy of, an entry contained in the register constitutes evidence of actual title to the vehicle. 141—Evidence by certificate etc (1) A document purporting to be a certificate signed by the Registrar stating all or any of the following matters: (a) that a specified person was not on a specified day or during a specified period the holder of a licence of a specified class or category or was not the holder of a towtruck certificate; (aa) that, on a specified day, a specified person was or was not the holder of an exemption under section 81A(14); (ab) that premises described in the certificate were not on a specified day or during a specified period the registered premises of a towtruck operator described in the certificate; (ac) that a motor vehicle described in the certificate was or was not on a specified day or during a specified period registered in the name of a person described in the certificate; (b) that a specified person had not on a specified day or during a specified period registered any motor vehicle whatever, or a specified motor vehicle; (c) that no trade plate or no trade plate bearing a particular number had on a specified day or during a specified period been issued to a specified person; (d) that a specified number was not the number on any trade plate in force on a specified day; (e) that a specified motor vehicle was not on a specified day or during a specified period a registered motor vehicle; (ea) that specified purposes were the purposes stated in the application for registration, renewal of registration, exemption from registration or a permit in respect of a specified motor vehicle or in the application for the issuing of specified trade plates; (f) that a specified number was not on any specified day assigned to any motor vehicle whatever, or to a specified motor vehicle; (g) that a specified person had not on or before a specified day made or delivered an application to the Registrar under a specified provision of this Act, or had not given, furnished or produced to the Registrar a notice, document or object required by or under a specified provision of this Act; (i) that a specified person had not on or before a specified day notified the Registrar in a prescribed manner of a change of name, residence or principal place of business or a change of postal address or garage address; (j) that a document that is attached to the certificate, or that a document a copy of which is attached to the certificate, was lodged in the Registrar's office on a specified day; (k) that a specified person had or had not on or before a specified day paid any specified fee or amount payable to the Registrar under this Act; (l) that a specified person had not within a specified period attended a lecture conducted under a specified provision of this Act, is in all legal proceedings and arbitrations proof of the matters so stated in the absence of proof to the contrary. (2) A document purporting to be a certificate signed by an authority under the Heavy Vehicle National Law (South Australia), the Heavy Vehicle National Regulations (South Australia) or a corresponding law stating matters relating to— (a) the registration or non-registration of a motor vehicle; or (b) the person recorded on a register as the operator of a motor vehicle; or (c) the GCM, GVM, load capacity or identification of a motor vehicle; or (d) any other matter relating to the use of a motor vehicle on roads; or (e) whether a person has a licence or other authority to drive a motor vehicle, the extent of the authority conferred by the licence or other authority and any conditions of the licence or other authority; or (f) any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or (g) demerit points incurred by any person, is in all legal proceedings and arbitrations proof of the matters so stated in the absence of proof to the contrary. (2a) In the absence of proof to the contrary, in proceedings under this Act, a notice of disqualification will be taken to have been given to a person— (a) in the case of a notice receipt of which is personally acknowledged by the person— (i) by the person attending, within the period specified in the notice, at a place of a kind prescribed by the regulations; or (ii) by the person recording the acknowledgement, within the period specified in the notice, by electronic means of a kind determined by the Minister, on the day on which receipt of the notice is so acknowledged; or (b) in the case of a notice that is served on the person personally—on the day on which the notice is so served. (3) A court may admit into evidence other documents prescribed by the regulations in the circumstances set out in the regulations. corresponding law means a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this section. 142—Facilitation of proof In proceedings for an offence against this Act— (a) proof that a motor vehicle does not bear a distinguishing number as prescribed by this Act, or that a motor vehicle bears a number other than the number issued under this Act in respect of that motor vehicle is, in the absence of proof to the contrary, proof that the motor vehicle is not registered; (c) the allegation in an information that a place is a street or road is, in the absence of proof to the contrary, proof that that place is a road within the meaning of this Act; (d) the allegation in an information that at the time mentioned in the information there was not in force in respect of a particular motor vehicle a policy of insurance complying with Part 4 is, in the absence of proof to the contrary, proof of the fact so alleged; (e) the allegation in an information that a person performed a specified act for or in expectation of any fee or reward or benefit, or in the course of a business, is, in the absence of proof to the contrary, proof of the fact so alleged; (f) a document purporting to be a certificate signed by a police officer of or above the rank of inspector stating that a person specified in the certificate was or was not given an accident towing direction on a specified day and in relation to a motor vehicle and accident specified in the certificate is proof of the matters so stated in the absence of proof to the contrary. 142A—Evidence of ownership of motor vehicle A notice under section 56(b)(i)(B) is, in all legal proceedings, proof of the matters stated in the notice in the absence of proof to the contrary. 143—Causing or permitting offences (1) A person who causes or permits another person to do or omit to do anything in contravention of any provision of this Act is guilty of an offence and liable to the penalty prescribed for that contravention. 143B—General defences (1) It is a defence to a charge for an offence against this Act if the person charged establishes that the conduct constituting the offence was— (a) authorised or excused by or under a law; or (b) done in compliance with a direction given by an authorised officer or police officer; or (c) done in response to circumstances of emergency. (2) The defence under subsection (1)(c) applies only if the person charged reasonably believed that— (a) circumstances of emergency existed; and (b) committing the offence was the only reasonable way to deal with the emergency; and (c) the conduct was a reasonable response to the emergency. (3) Nothing in this section affects any other defence available at law. 145—Regulations and fee notices (1) The Governor may make regulations— (a) prescribing all matters necessary or convenient to be prescribed for the administration of this Act and for carrying out the objects of this Act; and (b) exempting, subject to such conditions as may be stipulated in the regulations, any specified motor vehicle, or motor vehicles of any specified class, from the obligation to be registered or to bear identification numbers or a permit in pursuance of this Act; and (ba) empowering the Registrar to issue documents relating to the registration of a motor vehicle or to any registered particulars of a registered motor vehicle, prescribing fees for the issue of such documents by the Registrar, prescribing classes of documents (whether issued by the Registrar or any other person or body) relating to the registration of a motor vehicle and providing offences relating to such documents; and (c) exempting, subject to such conditions as may be stipulated in the regulations, persons of any specified class from the obligation to hold a licence or a licence of a specified class, instructor's licence, or towtruck certificate under this Act; and (ca) requiring— (i) notice to be given to the Registrar of specified matters in relation to any written-off motor vehicle (whether registered or unregistered) or any specified vehicle part; (ii) notices containing specified information to be affixed to written-off motor vehicles (whether registered or unregistered) or any specified vehicle part; and (cb) prohibiting or restricting the use on roads of written-off motor vehicles or the defacing, alteration or removal of notices affixed to written-off motor vehicles or specified vehicle parts; and (d) providing for the determination by the Registrar of the load capacity of a motor vehicle to be registered; and (e) prescribing, and providing for the payment of fees, for any test conducted for the purposes of this Act; and (ea) prescribing, and providing for the payment of fees for the inspection of a motor vehicle for the purposes of this Act; and (f) prescribing any other fees or monetary amount for the purposes of this Act; and (fa) prescribing fees for the purposes of the Interstate Road Transport Act 1985 of the Commonwealth; and (g) providing for the remission or reduction of any fee payable under this Act; and (ga) regulating the use of motor vehicles to which "L" or "P" plates are affixed pursuant to this Act; and (gb) providing for the attachment of number plates to motor vehicles, or any class of motor vehicles, and prescribing the fees payable for number plates, or any class of number plates; and (gc) providing for the classification of licences and the classes of motor vehicles permitted to be driven pursuant to those classifications; and (gd) prescribing the qualifications that are required to be held before a person may hold, or be taken to hold, a licence assigned a particular classification, and empowering the Registrar to exempt persons, conditionally or unconditionally, from that requirement; and (ge) preventing a person who fails a test of a prescribed kind conducted for the purposes of this Act from taking a subsequent such test within the prescribed period; and (gf) providing for matters relating to exemptions under section 81A(14), including the issue, carriage and production of certificates of exemption and the use, suspension, cancellation or surrender of exemptions or certificates of exemption; and (h) providing for an accident towing roster scheme and for that purpose may by regulation— (i) provide for and regulate the issuing of directions by or on behalf of police officers for towtrucks to proceed to the scenes of accidents occurring in the declared area; (ii) provide for and regulate the administration of an accident towing roster under which the towtrucks of towtruck operators holding positions on the roster may be directed to proceed to the scenes of accidents occurring within the declared area, or, if the declared area is divided into zones, within a particular zone; (iii) empower the Registrar to declare, by notice in the Gazette, that the declared area is divided into zones specified in the notice, and to vary or revoke any such declaration by a subsequent notice; (iv) empower the Registrar to determine applications by towtruck operators for positions on an accident towing roster; (v) prescribe the qualifications that applicants must have in order to be granted positions on an accident towing roster; (vi) otherwise provide for and regulate applications for and the allocation of positions on an accident towing roster; (vii) provide for and prescribe the duties of and regulate the activities and conduct of towtruck operators holding positions on an accident towing roster; (viii) empower the Registrar to stipulate conditions with which towtruck operators holding positions on an accident towing roster must comply; (ix) empower the Registrar to reprimand a towtruck operator who holds a position on an accident towing roster, to remove or suspend the operator from the roster or to reduce the number of positions held by the operator on the roster and prescribe the circumstances in which the Registrar may exercise those powers; (x) provide for tests or examinations for the purpose of determining applications for positions on an accident towing roster; (xi) prohibit any conduct that might interfere with the operation or administration of an accident towing roster or the issuing of accident towing directions; (xii) regulate the activities and conduct of persons employed or acting in the course of the business of a towtruck operator holding a position on an accident towing roster; (xiii) prescribe the standards and requirements for and provide for the registration of the premises used by towtruck operators who hold positions on an accident towing roster; (xiv) require the display at towtruck operators' registered premises of signs of a prescribed size, construction and form and containing the prescribed information and regulate the positioning of such signs; (xv) regulate the storage at the registered premises of towtruck operators of vehicles damaged in accidents; (xvi) prescribe the standards and requirements for and provide for the approval by the Registrar of towtrucks and equipment carried on towtrucks used for towing motor vehicles damaged in accidents in the declared area and prohibit the driving of towtrucks that do not comply with the prescribed standards and requirements or that have not been so approved; (xvii) provide for and prescribe the hours at which towtruck operators must be ready and able to engage in towing pursuant to accident towing directions; (xviii) require towtruck operators to insure against risks of damage to or loss relating to motor vehicles towed or stored in the course of their businesses; (xix) prescribe application fees and fees payable annually for positions on an accident towing roster, being fees which may vary according to prescribed factors; (xx) provide for the issuing of documents to be used as authorities to tow and the fees for issuing such documents; (xxi) regulate the possession or use of documents issued by the Registrar for use as authorities to tow; (xxii) prescribe the duties of a towtruck driver or towtruck operator where a document issued for use as an authority to tow, or an authority to tow, or a copy of an authority to tow, is lost, destroyed, rendered unusable or illegible or cancelled; (xxiii) require the keeping and preserving of records by persons holding or formerly holding positions on an accident towing roster; (xxiv) require the provision of information to the Registrar by towtruck operators holding positions on an accident towing roster; and (i) providing for the inspection of towtrucks and equipment carried on towtrucks; and (j) prescribing the forms of certificates, notices or documents required or authorised to be given under Part  3C or under the regulations or providing that the forms of those certificates, notices or documents must be as determined by the Minister; and (k) prescribing the fees for certificates under Part 3C which may be of varying amounts according to factors prescribed in the regulations; and (l) exempting, or conferring on the Registrar a power to exempt, a person from compliance with a specified provision of Part 3C or a regulation made for the purposes of that Part for a period and subject to conditions specified in the regulations or by the Registrar; and (la) exempting, conditionally or unconditionally, any person or class of persons or any motor vehicle or class of motor vehicle, from any provision of this Act; and (m) prescribing fines not exceeding $5 000, for breach of, or non-compliance with, the regulations; and (n) fixing expiation fees, not exceeding $2 500, for alleged offences against the Act or regulations. (1a) Regulations made under subsection (1)(ca) or (cb) may— (a) prescribe penalties, not exceeding a $5 000 fine or imprisonment for 6 months, for breach of, or non-compliance with, a regulation made under that subsection; and (b) fix an expiation fee, not exceeding $1 250, for an alleged offence against a regulation made under that subsection. (1b) To avoid doubt, regulations made under subsection (1)(gc) or (gd) may require a person who holds a particular class of licence (the original licence) to obtain a different class of licence in order to drive a class of motor vehicle that they had been authorised to drive under the original licence. (2) Regulations under this Act may— (a) be of general application or limited application; (b) make different provision according to the matters or circumstances to which they are expressed to apply; (c) provide that a matter or thing in respect of which regulations may be made is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Registrar, an inspector or any other person or body prescribed by the regulations; (d) include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences; (e) refer to or incorporate, wholly or partially and with or without modification— (i) the text of model legislation or road transport legislation set out in regulations made for the purposes of section 7 of the National Transport Commission Act 2003 of the Commonwealth; or (ii) a document published by the National Transport Commission and approved by the Australian Transport Council; or (iii) a specified standard, code or other document prepared or published by a prescribed body, as in force at the time the regulations are made or as in force from time to time; (f) contain provisions of a savings or transitional nature. (3) If regulations refer to or incorporate a standard, code or other document— (a) a copy of the standard, code or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices determined by the Minister; and (b) evidence of the contents of the standard, code or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. (4) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. written-off motor vehicle means a motor vehicle of a class defined by the regulations as written-off vehicles. 147—Financial provision (1) The money required to make any refund authorised by this Act will be paid out of the General Revenue of the State, and this Act is a sufficient appropriation and authority for any such payment. (2) Other money required for the administration of this Act will be paid out of money voted by Parliament for that purpose. 148—Duty of health professionals (1) Where a health professional has reasonable cause to believe that— (a) a person whom the health professional has examined holds a driver's licence or a learner's permit; and (b) that person is suffering from a physical or mental illness, disability or deficiency such that, if the person drove a motor vehicle, the person would be likely to endanger the public, the health professional is under a duty to inform the Registrar in writing of the name and address of that person, and of the nature of the illness, disability or deficiency from which the person is believed to be suffering. (2) Where a health professional furnishes information to the Registrar in pursuance of subsection (1), the health professional must notify the person to whom the information relates of that fact and of the nature of the information furnished. (3) A person incurs no civil or criminal liability in carrying out the person's duty under subsection (1).