78When transfer of registration may or must be refused

78 When transfer of registration may or must be refused (1) The road transport authority may refuse an application to register the transfer of registration of a registrable vehicle if— (a) the vehicle is subject to a defect notice; or (b) the vehicle is registered on condition that it not be transferred; or (c) the applicant has not complied with the road transport legislation in relation to the transfer of the registration; or (d) the vehicle identifier for the vehicle is the same as the vehicle (e) the authority believes on reasonable grounds that the ownership, possession, control or description of the vehicle is uncertain; or

(f) the person acquiring the vehicle fails to— (i) provide a certificate of roadworthiness required by the authority; or (ii) comply with any requirement of the authority in relation to the inspection of the vehicle; or (g) the authority could have refused, under section 32 (1) (Deciding applications for registration—general), to have approved an application by the applicant for the registration of the vehicle; or (h) for a vehicle with 2 registered operators—the authority is not satisfied that both registered operators agree to the transfer; or (i) the authority is satisfied that the effective management of the vehicle has not changed. (2) However, the road transport authority may approve the application even if one of the parties to the transfer has not complied with a provision of this regulation in relation to the transfer. (3) The road transport authority must refuse to approve an application for the transfer of registration of a registered vehicle if an order of a court in Australia prevents the transfer of the vehicle’s registration, and the authority has been told about the order. (4) For subsection (1)— (a) a light vehicle is subject to a defect notice if— (i) a defect notice has been issued under section 159 (Issue of defect notices and formal warnings) for the vehicle that prohibits use of the vehicle or imposes conditions on the use of the vehicle; and (i) the notice has not been cleared under section 160 (Recording, clearance and withdrawal of defect notices); and

(b) a heavy vehicle is subject to a defect notice if— (i) a vehicle defect notice has been issued under the Heavy Vehicle National Law (ACT), section 526 (Issue of vehicle defect notice) for the vehicle that prohibits use of the vehicle or includes conditions (imposed under section 527 (2) (Requirements about vehicle defect notice)) on the use of the vehicle; and (i) the notice has not been cleared under the Heavy Vehicle National Law (ACT), section 530 (Clearance of vehicle defect notices).