103EValidation of sale of registration number rights and collection of certain amounts

103E Validation of sale of registration number rights and collection of certain amounts (1) In this section ***commencement day*** means the day on which Division 1 of Part 6 of the **Transport Legislation (Miscellaneous Amendments) Act 2004** comes into operation. (2) The sale before the commencement day of registration number rights in respect of a registration number that would have been valid and lawful had it occurred after that day— (a) is taken to be, and to have always been, valid and lawful; and (b) is taken to have conferred on the person to whom the registration number rights were sold the same rights that the person would have had if they had been sold after that day. (3) It must be presumed for all purposes that registration number rights sold before the commencement day were cancelled on the expiry of the period of 12 months of the vehicle to which they were last assigned continuing to be not registered under Part 2, unless the owner of those rights had before that expiry notified the Corporation of their wish to retain the registration number that was the subject of those rights. (4) It must be presumed for all purposes, in the absence of evidence to the contrary, that the person to whom a number plate was issued by the Corporation before 1 September 2002, being a number plate bearing a registration number in respect of which registration number rights were sold by the Corporation before that date, was the person to whom those registration number rights were sold by the Corporation. (5) The transfer to a person, before the commencement day, of registration number rights that would have been valid and lawful had the transfer occurred after that day— (a) is taken to be, and to have always been, valid and lawful; and (b) is taken to have conferred on the person the same rights that the person would have had if the transfer had occurred after that day. (6) The payment before the commencement day of a fee, or an amount at auction or by tender, for the purchase of registration number rights that would have been valid and lawful had the payment been made after that day is taken to be, and to have always been, valid and lawful. (7) A fee or amount charged and collected before the commencement day for the assignment to a vehicle of a registration number that at the time of the sale formed part of a general issue series (being a particular registration number requested by, or on behalf of, the payer of that fee or amount) must be taken to be, and to have always been, validly and lawfully charged and collected even if it exceeded the cost to the Corporation of assigning that registration number. (8) It must be presumed for all purposes, in the absence of evidence to the contrary, that the assignment of a registration number to a vehicle before the commencement day in the circumstances described in subsection (7) did not result in the sale of registration number rights in respect of that registration number or confer on any person any such rights. (9) A fee or amount charged and collected before the commencement day for the assignment to a vehicle of a registration number that then was or had been the registration number of another vehicle that would have been validly and lawfully charged and collected had the other vehicle been then or at some earlier time registered in the name of the payer of that fee or amount must be taken to be, and to have always been, validly and lawfully charged and collected. (10) A fee or amount charged and collected before the commencement day for the issue of non-standard number plates or replacement non-standard number plates must be taken to be, and to have always been, validly and lawfully charged and collected even if it exceeded the cost to the Corporation of issuing those number plates. S. 103F inserted by No. 49/2004 s. 30.