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Road Safety (Vehicles) Regulations 2021
88Certificate of roadworthiness not required in certain circumstances
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88 Certificate of roadworthiness not required in certain circumstances
(1) A person disposing of or acquiring a registered vehicle is not required to give a certificate of roadworthiness or evidence of that certificate to the Secretary if—
(a) the person disposing of the vehicle is—
(i) a person whom the Secretary is satisfied is the spouse or domestic partner of the person acquiring the vehicle; or
(ii) a person whom the Secretary is satisfied is the former spouse or domestic partner of the person acquiring the vehicle, provided that—
(A) the disposal and acquisition arises from the breakdown of the person's marriage or domestic relationship; and
(B) no other person is to acquire an interest in the vehicle; or
(b) the person acquiring the vehicle is—
(i) a surviving spouse or domestic partner acquiring the vehicle due to an entitlement to the whole or part of a deceased person's estate; or
(ii) a person for whom the vehicle was acquired by another person as a nominee or trustee when the person was a minor, provided that the person is no longer a minor; or
(iii) the former spouse or domestic partner of the person disposing of the vehicle; or
(iv) a dealer; or
(v) a person whom the Secretary is satisfied, in accordance with subregulation (2), is a legal personal representative of a deceased person who was the registered operator of the vehicle; or
(c) the acquisition of the vehicle is—
(i) by way of sale at public auction by an agent of the person disposing of the vehicle; or
(ii) in accordance with an order of an Australian court or another legal process; or
(iii) a repossession or a restoration under regulation 93.
(2) To be considered a legal personal representative of a deceased person for the purposes of subregulation (1)(b)(v), a person must establish to the satisfaction of the Secretary—
(a) the person's identity; and
(b) the person's authority to represent the estate of the deceased person.
Subdivision 2—Obligations of persons disposing of registered vehicles