Part 2Registration

Part 2—Registration Pt 2 Div. 1 (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 2). Pt 2 Div. 1 (Heading and ss 5AA, 5AB) inserted by No. 57/1998 s. 8. Division 1—Secretary as registration authority S. 5AA (Heading) inserted by No. 49/2019 s. 116(Sch. 1 item 3). S. 5AA inserted by No. 57/1998 s. 8, amended by No. 49/2019 s. 116(Sch. 1 item 4). 5AA Functions of Secretary The functions of the Secretary under this Part are— (a) to administer the registration system established by the regulations; and (b) to maintain a register of motor vehicles and trailers in accordance with the regulations; and S. 5AA(ba) inserted by No. 92/2001 s. 7(a). (ba) to maintain a register of written-off vehicles in accordance with the regulations; and S. 5AA(c) substituted by No. 46/2024 s. 10. (c) to collect registration fees, permit fees and fees for the transfer of registration number rights determined in accordance with this Act and the regulations; and S. 5AA(ca) inserted by No. 49/2004 s. 24, substituted by No. 41/2020 s. 15. (ca) to sell and reserve registration number rights; and S. 5AA(cb) inserted by No. 41/2020 s. 15. (cb) to enter into contracts for the sale and reservation of registration number rights; and S. 5AA(cc) inserted by No. 41/2020 s. 15. (cc) to determine periodical charges for registration number rights; and S. 5AA(cd) inserted by No. 41/2020 s. 15. (cd) to issue non‑standard number plates and replacement non‑standard number plates; and S. 5AA(ce) inserted by No. 41/2020 s. 15. (ce) to enter into contracts for the issue and use of non‑standard number plates and replacement non‑standard number plates; and S. 5AA(cf) inserted by No. 41/2020 s. 15. (cf) to determine periodical charges for the use of non‑standard number plates or replacement non‑standard number plates; and (d) to provide information about motor vehicles, trailers and registered operators in accordance with this Act. S. 5AB (Heading) inserted by No. 49/2019 s. 116(Sch. 1 item 5). S. 5AB inserted by No. 57/1998 s. 8. 5AB Powers of Secretary S. 5AB(1) amended by Nos 12/2006 s. 179, 81/2006 s. 34, 47/2014 s. 287, 49/2019 s. 116(Sch. 1 item 6(a)). (1) For the purpose of carrying out the Secretary's functions under this Part and Part 6A, the Secretary may, in accordance with the regulations or the **Fines Reform Act 2014** (as the case requires)— (a) register or refuse to register a motor vehicle or a trailer; and (b) renew or refuse to renew the registration of a motor vehicle or a trailer; and (c) transfer or refuse to transfer the registration of a motor vehicle or a trailer from one person to another; and (d) permit or refuse to permit the use of an unregistered motor vehicle or trailer; and (e) impose conditions on the registration of a motor vehicle or a trailer or on a permit to use an unregistered motor vehicle or trailer; and (f) cancel or suspend the registration of a motor vehicle or a trailer; and S. 5AB(1)(fa) inserted by No. 92/2001 s. 7(b). (fa) enter or refuse to enter a vehicle on the register of written-off vehicles; and S. 5AB(1)(fb) inserted by No. 92/2001 s. 7(b). (fb) amend or refuse to amend an entry on the register of written-off vehicles; and S. 5AB(1)(fc) inserted by No. 92/2001 s. 7(b). (fc) remove or refuse to remove an entry from the register of written-off vehicles; and S. 5AB(1)(g) amended by No. 92/2001 s. 7(c), substituted by No. 46/2024 s. 11. (g) collect the following fees determined in accordance with this Act and the regulations— (i) registration and permit fees (including fees in relation to the register of written‑off vehicles); (ii) fees for the transfer of registration number rights; and S. 5AB(1)(ga) inserted by No. 49/2004 s. 25, substituted by No. 41/2020 s. 16. (ga) collect money received— (i) on the sale of registration number rights and the reservation of registration number rights; and (ii) for the payment of periodical charges for registration number rights; and (iii) on the issue and on the use of non‑standard number plates and replacement non‑standard number plates; and (iv) for the payment of periodical charges for the use of non‑standard number plates and replacement non‑standard number plates; and (h) specify a GCM for a motor vehicle in the circumstances envisaged in paragraph (b) of the definition of GCM in section 3(1); and (i) specify a GVM for a motor vehicle or trailer in the circumstances envisaged in paragraph (b) of the definition of GVM in section 3(1); and S. 5AB(1)(j) amended by No. 79/2000 s. 285(Sch. 1 item 5A) (as amended by No. 46/2001 s. 28). (j) require proof of compliance with the **Transport Accident Act 1986** and the **Duties Act 2000**; and S. 5AB(1)(k) substituted by No. 92/2001 s. 7(d), amended by No. 49/2019 s. 116(Sch. 1 item 6(a)(ii)). (k) fix fees for services provided by the Secretary in connection with— (i) the registration, or the late renewal of registration, of motor vehicles or trailers; (ii) the issue of number plates, permits, tester's licences and certificates of roadworthiness; (iii) the entry of vehicles on the register of written-off vehicles, the amendment, removal and inspection of entries and the issuing of certificates in relation to information from the register; and (l) exercise other powers conferred by the regulations. S. 5AB(2) amended by No. 49/2019 s. 116(Sch. 1 item 6(b)). (2) The Secretary must cause details of fees fixed under subsection (1)(k) to be published in the Government Gazette. S. 5AC inserted by No. 49/2004 s. 26. 5AC Sale of registration number rights S. 5AC(1) amended by Nos 49/2019 s. 116(Sch. 1 item 7), 41/2020 s. 17. (1) The Secretary may, in accordance with the regulations, enter into a contract to sell (including at auction or by inviting tenders) registration number rights. S. 5AC(2) amended by No. 46/2024 s. 12. (2) Subject to subsection (3), registration number rights may be sold to any person who has attained the prescribed age, whether or not eligible to be the registered operator of a vehicle. (3) Registration number rights to a registration number assigned to a vehicle may only be sold— (a) to the registered operator of the vehicle; or (b) to another person, with the consent of that registered operator. S. 5AC(4) amended by No. 49/2019 s. 116(Sch. 1 item 7). (4) The price at which registration number rights may be sold may vary according to the particular registration number or class of registration number and is not required to be related in any way to the cost to the Secretary of providing any service. S. 5ACA inserted by No. 41/2020 s. 18. 5ACA Periodical charge for registration number rights S. 5ACA(1) substituted by No. 46/2024 s. 13(1). (1) A contract for the sale of registration number rights under section 5AC may provide that— (a) a periodical charge is payable for the registration number rights in addition to any consideration payable on the sale; or (b) the consideration for the sale is constituted by a periodical charge payable for the registration number rights. (2) If, under subsection (1), a contract provides that a periodical charge is payable— (a) the periods for which the charge must be paid must be specified in the contract; and (b) the Secretary may determine the amount of the charge to be paid in respect of each period which may be increased or decreased from the amount payable for the previous period. S. 5ACA(2A) inserted by No. 46/2024 s. 13(2). (2A) Without limiting subsection (2), a contract that provides that a periodical charge is payable may require the periodical charge for a period specified in the contract to be paid in advance of the specified period. (3) A determination of the Secretary under subsection (2)(b)— (a) may be made in respect of one or more registration number rights; and (b) may be made in respect of one or more periods; and (c) for an increase in the amount of the charge, must not have effect before the commencement of the period for which the charge is to be paid that immediately follows the making of the determination. (4) If the Secretary, in making a determination under subsection (2)(b), increases the amount of the charge, the Secretary must give the person liable to pay the charge notice of the alteration of the charge at least 6 weeks before the commencement of the period for which the charge is to be paid. (5) In making a determination under subsection (2)(b), the Secretary may calculate the charge by reference to— (a) any increase or decrease in the market value of the registration number rights; or (b) anything else as determined by the Secretary. (6) The amount of any periodical charge under this section— (a) may vary according to the particular registration number or class of registration number; and S. 5ACB inserted by No. 41/2020 s. 18. 5ACB Reservation of registration number rights (1) The Secretary may, in accordance with the regulations, enter into a contract with a person to reserve particular registration number rights from sale to any other person. (2) If the Secretary has entered into a contract with a person under subsection (1) the Secretary must not sell those registration number rights to any other person during the term of the contract. (3) Registration number rights to a registration number— (a) assigned to a vehicle may only be reserved to the registered operator of the vehicle; or (b) not assigned to a vehicle may be reserved to any person. (4) A contract to reserve any registration number rights does not confer any proprietary interest in those registration number rights on the person who has entered into the contract. (5) Any consideration payable under a contract under this section— (a) may vary according to the particular registration number rights or class of registration number rights; and S. 5AD inserted by No. 49/2004 s. 26. 5AD What are registration number rights? (1) The person who owns registration number rights in respect of a particular registration number has— S. 5AD(1)(a) amended by Nos 74/2013 s. 10(1)(a), 49/2019 s. 116(Sch. 1 item 8). (a) the right to have that registration number assigned to a vehicle registered by the Secretary of which that person is the registered operator; and S. 5AD(1)(b) amended by No. 49/2019 s. 116(Sch. 1 item 8). (b) the right to be issued with 2 number plates (of a type that, in the opinion of the Secretary, is appropriate to that registration number) bearing that registration number; and S. 5AD(1)(c) amended by Nos 74/2013 s. 10(1)(b), 49/2019 s. 116(Sch. 1 item 8). (c) the right to display number plates bearing that registration number on the vehicle to which that number is assigned by the Secretary. (2) The rights referred to in subsection (1)— (a) are exclusive to the owner of those rights; and (b) may be exercised at any time, whether at the time of purchase of the registration number rights or at any later time; and (c) may only be exercised subject to, and in accordance with, this Act and the regulations; and S. 5AD(2)(d) amended by No. 46/2024 s. 14(1)(a). (d) may be transferred to any other person who has attained the prescribed age, or otherwise dealt with, by the owner of those rights; and S. 5AD(2)(da) inserted by No. 46/2024 s. 14(2). (da) cease if they are cancelled under the regulations; and S. 5AD(2)(e) amended by Nos 74/2013 s. 10(2)(a), 46/2024 s. 14(1)(b). (e) form part of the property of the estate of the owner on his or her death; and S. 5AD(2)(f) repealed by No. 74/2013 s. 10(2)(b), new s. 5AD(2)(f) inserted by No. 46/2024 s. 14(1)(c). (f) cannot be issued, sold, transferred or bequeathed to, or inherited by, a person who is under the prescribed age. S. 5AD(2A) inserted by No. 46/2024 s. 14(3). (2A) The regulations may provide that a fee is payable for the transfer of registration number rights. S. 5AD(2B) inserted by No. 46/2024 s. 14(3). (2B) If a periodical charge payable in respect of registration number rights is not paid, the registration number rights under subsection (1)(a) and (b), and the right to transfer a right under subsection (2)(d), may be suspended or cancelled under the regulations. S. 5AD(3) amended by No. 49/2019 s. 116(Sch. 1 item 8). (3) Subject to this Act and the regulations, the Secretary must take all necessary steps to give effect to the exercise of any right referred to in subsection (1). S. 5AD(4)(a) amended by No. 49/2019 s. 116(Sch. 1 item 8). (a) a vehicle is sold (whether before, on or after the commencement of Division 1 of Part 6 of the **Transport Legislation (Miscellaneous Amendments) Act 2004**) together with a number plate issued by the Secretary displayed on it; and (b) that number plate bears the registration number assigned to the vehicle at the time of the sale; and (c) that registration number is at the time of the sale the subject of registration number rights— it must be presumed for all purposes, in the absence of evidence to the contrary, that the person who acquires the vehicle also acquires the registration number rights in respect of that registration number. S. 5AD(5) amended by Nos 110/2004 s. 42(a), 49/2019 s. 116(Sch. 1 item 8). (5) The Secretary must not assign to a vehicle, or issue a number plate bearing, a registration number that is the subject of registration number rights except on an application made by, or with the consent of, the owner of those rights. S. 5AD(6) amended by No. 49/2019 s. 116(Sch. 1 item 8). (6) A number plate issued by the Secretary bearing a registration number that is the subject of registration number rights owned by a person remains the property of the State despite the separate ownership of the registration number rights. S. 5AE (Heading) amended by No. 41/2020 s. 19(1). S. 5AE inserted by No. 49/2004 s. 26. 5AE Non-standard number plates and replacement non‑standard number plates S. 5AE(1) amended by No. 49/2019 s. 116(Sch. 1 item 9(a)), substituted by No. 41/2020 s. 19(2). (1) The Secretary may, in accordance with the regulations, enter into contracts for either or both of the following— (a) the issue of non‑standard number plates and replacement non‑standard number plates; (b) the use of non‑standard number plates and replacement non‑standard number plates. S. 5AE(1A) inserted by No. 41/2020 s. 19(2). (1A) The consideration payable under a contract under subsection (1) may be provided for in the contract, or determined at auction or by inviting tenders. S. 5AE(2) amended by Nos 49/2019 s. 116(Sch. 1 item 9(b)), 41/2020 s. 19(3). (2) Despite anything to the contrary in this Act, any consideration payable under a contract under subsection (1) may vary according to the design, size, colour or material of the particular number plate or class of number plate and is not required to be related in any way to the cost to the Secretary of providing any service. S. 5AEA inserted by No. 41/2020 s. 20. 5AEA Periodical charge for use of non‑standard number plates or replacement non‑standard number plates (1) A contract under section 5AE for the use of a non‑standard number plate or a replacement non‑standard number plate may provide that, in addition to the consideration payable on entering into the contract, a periodical charge is payable for the use of the non‑standard number plate or replacement non‑standard number plate. (2) If, under subsection (1), a contract provides that a periodical charge is payable— (a) the periods for which the charge must be paid must be specified in the contract; and (b) the Secretary may determine the amount of the charge to be paid in respect of each period which may be increased or decreased from the amount payable for the previous period. (3) A determination of the Secretary under subsection (2)(b)— (a) may be made in respect of one or more non‑standard number plates or replacement non‑standard number plates; and (b) may be made in respect of one or more periods; and (c) for an increase in the amount of the charge, must not have effect before the commencement of the period for which the charge is to be paid that immediately follows the making of the determination. (4) If the Secretary, in making a determination under subsection (2)(b), increases the amount of the charge, the Secretary must give the person liable to pay the charge notice of the alteration of the charge at least 6 weeks before the commencement of the period for which the charge is to be paid. (5) In making a determination under subsection (2)(b), the Secretary may calculate the charge by reference to— (a) any increase or decrease in the market value of the non‑standard number plates or replacement non‑standard number plates; or (b) anything else as determined by the Secretary. (6) The amount of any periodical charge under this section— (a) may vary according to the particular non‑standard number plate or replacement non‑standard number plate or class of non‑standard number plate or replacement non‑standard number plate; and Pt 2 Div. 2 (Heading) inserted by No. 57/1998 s. 8. Division 2—Registration