Part 8Miscellaneous

Part 8—Miscellaneous 114—Proof by statutory declaration and prescribed circumstances (1) A statutory declaration furnished by a person to the Commissioner of Police under section 9(1b) or 102(1b) of the Act (or both of those sections) must comply with the following prescribed requirements: (a) the statutory declaration must include— (i) the person's full name and address; and (ii) if it relates to an expiation notice—the expiation notice number; and (iii) the motor vehicle registration number; and (iv) details that establish that— (A) if the statutory declaration is furnished under section 9(1b) of the Act—section 9(1a) of the Act applies; or (B) if the statutory declaration is furnished under section 102(1b) of the Act—section 102(1a) of the Act applies; or (C) if the statutory declaration is furnished under both sections 9(1b) and 102(1b) of the Act—sections 9(1a) and 102(1a) of the Act apply; (b) the statutory declaration must be furnished— (i) if it relates to an expiation notice—before the due date for payment specified in the expiation notice or expiation reminder notice; or (ii) in any other case—within 21 days after the date of issue of the summons. (2) The following circumstances are declared to be prescribed circumstances in accordance with section 9(6b)(b) and section 102(3d)(b) of the Act: (a) circumstances where the person is not an owner or the registered operator of the vehicle and the person is required by another person to whom the person is answerable in working as a volunteer to drive the vehicle, or to cause the vehicle to stand, in the course of such work; (b) circumstances where the person is not an owner or the registered operator of the vehicle and the person is reasonably required to drive the vehicle, or to cause the vehicle to stand, in the course of undertaking work required by a contract of service as a self‑employed person. 115—Offence to alter, deface etc permits, labels or certificates A person must not, without lawful authority, wilfully alter, deface, damage or destroy a permit, label or certificate issued under the Act. 116—Forms determined by the Minister The following documents will be in the form determined by the Minister: (a) an application for a permit under section 16 of the Act; (b) an application for the issue, transfer or replacement of a trade plate; (c) an application for a duplicate driver's licence or learner's permit; (d) a certificate of issue of a trade plate; (e) a motor driving instructor's licence. 117—Appointment of authorised examiners (1) The Registrar may, when appointing a person as an authorised examiner, or at any time by notice in writing to an authorised examiner, impose conditions limiting the kinds of tests that the authorised examiner may conduct as required by the Registrar under section 80 of the Act to assess the ability or fitness of applicants for the issue or renewal of licences and learner's permits. (2) The Registrar may, for the purpose of testing the proficiency of an applicant for appointment as an authorised examiner, require the applicant to undergo such tests (whether written, oral or practical) as the Registrar considers necessary. (3) An applicant for appointment as an authorised examiner (other than an employee in the Transport Department) is not entitled to undergo a proficiency test required by the Registrar under subregulation (2) unless they have paid the appropriate fees set out in Schedule 1. 118—Exemption from requirements as to display of disability parking permit (1) A holder of a disability parking permit under Part 3D of the Act who has been issued with a prescribed Australian Disability Parking Permit is exempt from the operation of section 98T(1b)(b) and (1c) of the Act if that prescribed Australian Disability Parking Permit is hung from the rear vision mirror on the inside of the windscreen of the vehicle so that the permit number and the expiry date of the permit are easily legible to a person standing in front of the vehicle. Australian Disability Parking Permit means a disability parking permit that includes the following: (a) the words "Australian Disability Parking Permit"; (b) a people with disabilities symbol as defined in the Australian Road Rules; (c) a permit number; (d) an expiry date; prescribed Australian Disability Parking Permit means an Australian Disability Parking Permit that is designed to be hung from a rear vision mirror. 119—Application for review under Part 3E of Act For the purposes of section 98Z(2) of the Act, an application for a review must— (a) be in writing; and (b) set out the decision to which the application relates; and (c) set out the grounds on which the applicant seeks the review and the decision sought on the review; and (d) be accompanied by any information that the applicant considers should be taken into account on the review; and (e) be accompanied by the appropriate fee prescribed by Schedule 1; and (f) be lodged with the Registrar. 120—Meaning of uninsured motor vehicle For the purposes of section 116(1)(f) of the Act, motor vehicles that are electric personal transporters are motor vehicles of a prescribed class. 121—Prescribed documents For the purposes of section 124(5) of the Act the prescribed documents relating to a motor vehicle are a current certificate of registration (or current duplicate certificate of registration), a current permit or a current registration details certificate for the vehicle. 122—Manner of giving Registrar notice of change of name, address etc under section 136 of Act Notice under section 136 of the Act is to be given by a person to the Registrar in a following manner: (a) in writing; (b) by telephone to a telephone number nominated by the Registrar for the purposes of giving notice; (c) by fax to a fax number nominated by the Registrar for the purpose of giving notice by fax; (d) by other telephonic or electronic means made available by the Registrar to members of the public for the purpose of giving notice in such manner. 123—Power of Registrar to require destruction of a document or thing issued or renewed in consequence of a void transaction If a transaction is void by virtue of section 138B of the Act, the Registrar may require the person who is liable to make the payment to destroy the licence, permit, label, certificate, plate or other document or thing issued or renewed by the Registrar in consequence of the purported transaction and to produce evidence of the destruction to the satisfaction of the Registrar. 124—Power of Registrar to issue directions on certain audio visual recordings The Registrar may issue directions in respect of the making of audio visual recordings (including the installation, use and maintenance of recording devices) of— (a) driver training activities undertaken by a person holding a licence under section 98A of the Act; and (b) practical driving tests conducted by an authorised examiner. 125—Places at which receipt of notice of disqualification may be personally acknowledged For the purposes of sections 139BD(3)(a)(i)(A) and 141(2a)(a)(i) of the Act, places of the following kinds are prescribed: (a) offices known as Service SA Customer Service Centres; (b) Australia Post outlets that have electronic point of sale (EPOS) systems; (c) the PY Ku Centre at Amata; (d) a mobile station in a remote area (as defined in section 98AAG of the Act) established by the Registrar for the purpose of enabling persons to personally acknowledge receipt of a notice of disqualification in the remote area. 126—Exemption from cumulative application of new section 139BD notice of disqualification if existing suspension is under prescribed provision (1) Subject to subregulation (2), if— (a) a person has been given, or is given, a notice of disqualification within the meaning of section 139BD of the Act; and (b) at the time that the notice is (but for the operation of section 139BD(9)) due to take effect, the person holds a licence or learner's permit that is already suspended under a prescribed provision, the person is exempt from the requirement of section 139BD(9) of the Act that the notice of disqualification will instead take effect on the termination of that prior suspension. (2) Subregulation (1) does not apply if— (a) the notice of disqualification is a notice under section 81BC(2) of the Act; and (b) the prescribed provision under which the licence or permit is suspended is section 45D of the Road Traffic Act 1961; and (c) the notice of disqualification relates to the same offence as the notice under section 45D giving rise to the suspension. prescribed provision means— (a) section 38(1) of the Fines Enforcement and Debt Recovery Act 2017; or (b) section 80(2a)(e) of the Motor Vehicles Act 1959; or (c) section 82(1)(b) of the Motor Vehicles Act 1959; or (d) section 83 of the Motor Vehicles Act 1959; or (e) section 45B of the Road Traffic Act 1961; or (f) section 45D of the Road Traffic Act 1961; or (g) section 47IAA of the Road Traffic Act 1961. 127—Confidentiality—prescribed public authorities For the purposes of section 139D(1)(d) of the Act, South Australia Police is prescribed as a public authority. 128—Guidelines for disclosure of information (1) In this regulation— Australian jurisdiction means the Commonwealth or a State or Territory of the Commonwealth; confidential information means information obtained in the administration of the Act or the Road Traffic Act 1961; personal information means information pertaining to a natural person or body corporate; person concerned— (a) in relation to personal information, means the natural person to whom the information pertains, or the body corporate to which the information pertains, as the case may be; (b) in relation to information relating to a motor vehicle, means the owner of the vehicle. (2) Pursuant to section 139D(1)(f) of the Act, confidential information the disclosure of which is not authorised by a preceding paragraph of section 139D(1) may, subject to such conditions as the Registrar thinks fit, be disclosed in accordance with this regulation. (3) Personal information or information relating to a motor vehicle may be disclosed to a person other than the person concerned if the person concerned has been made aware, or is reasonably likely to be aware, that— (a) the information is generally used for the purpose for which it is to be released; or (b) the information is generally passed on to those persons or bodies to whom it is to be released. (4) Personal information or information relating to a motor vehicle may be disclosed to a person other than the person concerned if— (a) the person making the disclosure believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious threat to the life or health of the person concerned or some other person; or (b) the disclosure is reasonably necessary to protect the public revenue; or (c) the disclosure is reasonably necessary to protect the interests of the Crown as an employer; or (d) the disclosure is made to a public authority responsible under the law of another Australian jurisdiction for the registration of motor vehicles or the licensing of drivers of motor vehicles; or (e) the disclosure is made to a public authority of an Australian jurisdiction— (i) authorised under a law of that jurisdiction to obtain the information directly from the person concerned; or (ii) under an arrangement providing for the exchange of personal information; or (iii) to enable the authority to ascertain whether a motor vehicle has been abandoned; or (iv) to enable the authority to exercise or perform statutory powers or functions in relation to a motor vehicle that has been abandoned; or (v) in connection with the administration of either of the following Acts: (A) the Harbors and Navigation Act 1993; (B) the Passenger Transport Act 1994; or (f) the disclosure is made to a public authority of the Commonwealth for the purposes of investigating or confirming whether— (i) a motor vehicle is registered to a person without fee pursuant to section 31(1)(j) of the Act; or (ii) an eligible person has been issued a licence for the purposes of regulation 19; or (g) the disclosure is made to Austroads Ltd; or (h) the disclosure is made to a person or body engaged in research related to road transport and the disclosure is made for the purposes of the research; or (i) the disclosure— (i) consists of information other than medical information about the person concerned or information about that person's history of driving or driving‑related offences; and (ii) is made to— (A) a person acting under a power of attorney granted by the person concerned; or (B) a person acting under an authorisation signed by the person concerned; or (C) a legal practitioner acting on behalf of the person concerned; or (D) where the person is deceased—an executor or administrator of the deceased estate; or (E) where the person becomes bankrupt—the registered trustee of the bankrupt estate. (5) If a health professional has furnished information about a person to the Registrar in pursuance of section 148(1) of the Act, the health professional may be informed of the action taken (if any) by the Registrar as a result of the information. (6) Any of the following information may be disclosed to any person: (a) information comprised of statistical data that could not reasonably be expected to lead to the identification of any person to whom it pertains; (b) whether a particular motor vehicle is registered; (c) the date on which the registration of a particular motor vehicle is due to expire; (d) whether the registration of a particular motor vehicle has expired; (e) the date on which the registration of a particular motor vehicle expired; (f) whether the registration of a particular motor vehicle has been suspended or cancelled; (g) whether a particular motor vehicle is, or has been, a written‑off vehicle; (h) whether a particular motor vehicle that is, or has been, a written‑off vehicle, is eligible for registration in the future; (i) whether a particular motor vehicle is recorded as stolen; (j) whether a particular motor vehicle is the subject of a current defect notice under section 145 of the Road Traffic Act 1961; (k) whether a particular number or number plate is the subject of an agreement under section 47A(4) of the Act and the commencement and expiry dates of any such agreement; (l) whether an agreement under section 47A(4) of the Act relating to a particular number or number plate of a particular class provides for the assignment of rights conferred under the agreement and, if so, the nature of the assignment and details of any conditions imposed on the assignment; Example— An agreement under section 47A(4) may permit a particular number or number plate of a particular class to be transferred or sold to a person not party to the agreement. Such an assignment of the rights conferred under the agreement may, however, be subject to such conditions as may be specified by the Registrar in the agreement. (m) whether a particular motor vehicle is a high powered vehicle for the purposes of the Act; (n) whether a particular motor vehicle is an ultra high powered vehicle for the purposes of the Act; (o) the name of, and contact details for, the approved insurer for a particular motor vehicle; (p) the 4 last digits of a particular motor vehicle's vehicle identification number; (q) a particular motor vehicle's registered configuration; (r) a particular motor vehicle's make; (s) a particular motor vehicle's colour and body type; (t) a particular motor vehicle's CTP insurance premium class; (u) a particular motor vehicle's gross vehicle mass; (v) a particular motor vehicle's gross combination mass; (w) in the case of a particular special purpose vehicle—the conditions to which the registration of the vehicle is subject. (7) The name and address of the registered owner of a motor vehicle may be disclosed— (a) to the manufacturer of the vehicle for the purposes of a safety‑related recall of vehicles; or (b) to a legal practitioner or insurer, or an investigation agent acting on behalf of a legal practitioner or insurer, where the information is required to identify the registered owner of a vehicle involved in an accident; or (c) to a person, or the agent of a person, registered under the Personal Property Securities Act 2009 of the Commonwealth as a secured party in relation to a security interest for which the vehicle is collateral; or (d) to a person who has obtained a judgment in a court, or a legal practitioner acting on behalf of such a person, where the information is reasonably required to enforce the judgment and the judgment contains reference to property in the ownership or possession of the registered owner of the vehicle. (8) If— (a) a prescribed offence is committed, or allegedly committed, by a person driving a heavy vehicle; and (b) the offence has not been detected by use of a photographic detection device, the following information relating to the offence, or alleged offence, may be disclosed by a police officer to a person who the police officer believes is a relevant person in relation to the heavy vehicle: (c) the name and date of birth of the person who was driving, or who is alleged to have been driving, the heavy vehicle; (d) the time, date, location and nature of the offence, or alleged offence; (e) the registration number of the heavy vehicle or, if the heavy vehicle is a combination, of any vehicles in the combination; (f) details of action taken in relation to the offence, or alleged offence (such as, for example, arrest of the driver, clamping or impounding of the vehicle or issue of expiation notice or summons). (9) Information relating to a motor vehicle (not including personal information) may be disclosed in accordance with a contract entered into by the Minister under which the Minister agrees to provide such information for commercial use by a person or body that is a party to that contract. (10) Information sufficient to confirm the identity of a motor vehicle (such as the make, model and colour of the vehicle) may be disclosed to a person who is seeking disclosure of confidential information relating to that vehicle. (11) In this regulation— prescribed offence means— (a) an offence against section 45, 45A, 45C, 46, 47, 47B, 47BA, 47E or 47EAA of the Road Traffic Act 1961; or (b) an offence against section 74 or 91 of the Motor Vehicles Act 1959; relevant person—each of the following is a relevant person in relation to a heavy vehicle: (a) a registered owner or registered operator of the heavy vehicle or, if the heavy vehicle is a combination, of any vehicle in the combination; (b) a person who is responsible for controlling or directing the use of the heavy vehicle or, if the heavy vehicle is a combination, of any vehicle in the combination; (c) an officer or employee of a person referred to in paragraph (a) or (b). 129—Corresponding laws declared for purposes of section 141(2) of Act For the purposes of section 141(2) of the Act, the following laws are declared to be corresponding laws: (a) the Motor Vehicles Act 1949 of the Northern Territory; (b) the Road Safety Act 1986 of Victoria; (c) the Road Traffic (Authorisation to Drive) Act 2008 of Western Australia; (d) the Road Traffic (Vehicles) Act 2012 of Western Australia; (e) the Road Transport Act 2013 of New South Wales; (f) the Road Transport (Driver Licensing) Act 1999 of the Australian Capital Territory; (g) the Road Transport (Vehicle Registration) Act 1999 of the Australian Capital Territory; (h) the Transport Operations (Road Use Management) Act 1995 of Queensland; (i) the Vehicle and Traffic Act 1999 of Tasmania. 130—Prescribed form of notice for Schedule 1 clause 3 For the purposes of Schedule 1 clause 3 of the Act, a notice that accompanies an expiation notice, expiation reminder notice or summons must be in the form set out in Schedule 1 Form 7 of the Road Traffic (Miscellaneous) Regulations 2014 and contain the information and instructions set out in that form. 131—Definition of emergency worker (1) For the purposes of Schedule 2 clause 2 of the Act, the following are emergency workers: (a) members of an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005; (b) authorised officers under the Emergency Management Act 2004; (c) persons engaged in the provision of emergency ambulance services under section 57(1) of the Health Care Act 2008 on behalf of SA Ambulance Service Inc or any other persons engaged in the provision of emergency ambulance services under section 57(1) of that Act; (d) persons engaged in the provision of emergency ambulance services under section 57(2)(a) of the Health Care Act 2008; (e) members of the Australian Federal Police or Australian Border Force; (f) members of the armed forces of the Commonwealth engaged in police, fire fighting or ambulance duties or duties in connection with the urgent disposal of explosives or any emergency; (g) employees of Airservices Australia engaged in fire fighting duties or duties in connection with any emergency. (2) For the purposes of subregulation (1)(e), a person is a member of the Australian Border Force if— (i) the person is covered by paragraph (a) of the definition of Immigration and Border Protection worker in section 4 of the Australian Border Force Act 2015 of the Commonwealth; and (ii) the person is in the Australian Border Force (as defined in that Act); or (b) — (i) the person is covered by paragraph (b), (c) or (d) of the definition of Immigration and Border Protection worker in section 4 of the Australian Border Force Act 2015 of the Commonwealth; and (ii) the person's services have been made available to the Australian Border Force or the person is performing services for the Australian Border Force. 132—Expiation of alleged offences (1) The expiation fees set out in Schedule 5 are fixed for alleged offences against the Act or these regulations specified in that Schedule. (2) Text set out in italic type under a heading in Schedule 5 commencing with the words "Description of offence" is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.