110Removal or amendment of entries on the register of written‑off vehicles

110 Removal or amendment of entries on the register of written‑off vehicles (1) The following persons may apply to the Secretary for an entry of a motor vehicle on the register of written-off vehicles to be removed or amended— (a) a person who gave the Secretary notice that the motor vehicle was a written-off vehicle; (b) a person who was the registered operator of the motor vehicle when it became a written‑off vehicle or, if the registration of the motor vehicle was already cancelled, the registered operator immediately before that cancellation; (c) a person who was the spouse or domestic partner of a person referred to in paragraph (a) or (b) when the notice was given or the motor vehicle became a written‑off vehicle (as the case requires). (2) The Secretary may require an applicant under subregulation (1) to lodge with the Secretary evidence, in a form acceptable to the Secretary— (a) of the applicant's personal particulars or corporation particulars; or (b) that the applicant is a person referred to in subregulation (1); or (c) of the vehicle particulars, condition, ownership, possession or control of the vehicle. (3) If, after considering the application, the Secretary is satisfied that the motor vehicle was not a written-off vehicle when it was entered on the register, the Secretary may remove the entry relating to that motor vehicle. (4) If, after considering the application, the Secretary is satisfied that the motor vehicle did not satisfy the criteria for the category of written-off vehicle under which the motor vehicle was registered when it was entered on the register, the Secretary may amend the entry— (a) in the case of a statutory write-off—by amending the entry to a repairable write-off; or (b) in the case of a repairable write-off—by amending the entry to a statutory write-off. (5) If the Secretary refuses the application, the Secretary must give the applicant written notice of— (a) the applicant's right to internal review of the decision under Subdivision 2 of Division 12 of this Part; and (b) the applicant's right under section 16E of the Act to appeal against the refusal.