National Transport Commission (Road Transport Legislation – Heavy Vehicles Registration Regulations) Regulations 2006
30Registration of the transfer of vehicles
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30 Registration of the transfer of vehicles
(1) The registration authority may refuse to register the transfer of registration of a heavy vehicle if: (a) the heavy vehicle is the subject of a vehicle defect notice that: (i) prohibits use of the vehicle or imposes conditions on the use of the vehicle; and (ii) has not been cleared in accordance with subregulation 41(4); or (b) the vehicle is registered on condition that it not be transferred; or (c) the requirements of these Regulations relating to transfer of registration have not been complied with; or (d) the registration authority reasonably believes that the ownership, possession, control or description of the vehicle as recorded on the register is uncertain; or (e) the person disposing of, or the person acquiring the heavy vehicle, fails to comply with the requirements of a law in force in this jurisdiction relating to certificates of roadworthiness for, or inspection of, heavy vehicles; or (f) the registration authority would refuse an application to register the vehicle under subregulation 16(1). (2) The registration authority must refuse to register a transfer of registration of a heavy vehicle if an order of a court in Australia prohibits the transfer of registration of the vehicle, and the authority has been notified of the order. (3) The registration authority may register the transfer of a heavy vehicle, despite the failure of one of the parties to the transfer to meet a requirement of these Regulations relating to the transfer of heavy vehicles, if the authority considers it appropriate to do so in the circumstances. (4) If the registration authority is advised by the registered operator of a heavy vehicle that the vehicle has been disposed of, the authority may make an entry in the register to that effect pending the receipt of the application for transfer. (5) If the registration authority registers a transfer of a heavy vehicle it must issue a new certificate of registration, make an endorsement on the certificate of registration or issue a form of transfer of registration to the person acquiring the vehicle.