85Procedures for suspension and cancellation of

85 Procedures for suspension and cancellation of registration (1) If the road transport authority proposes to suspend or cancel the registration of a registered vehicle (the proposed action), the authority must give the registered operator of the vehicle a written notice stating— (a) the proposed action; and (b) if the proposed action is to suspend the registration—the suspension period; and (c) the grounds for the proposed action; and (d) any action that must be taken by the operator to avoid or reverse the proposed action; and (e) the date when the suspension or cancellation takes effect (the date of effect); and

(f) if the proposed action is to cancel the registration—whether and, if so, by when the operator is required to return to the authority the vehicle’s registration certificate or the numberplates issued for the vehicle if the cancellation takes effect. (2) The notice must also state that, unless the notice is cancelled by the road transport authority before the date of effect— (a) if the proposed action is to suspend the vehicle’s registration— the vehicle must not be used on a road or road related area during the suspension period; or (b) if the proposed action is to cancel the vehicle’s registration—the vehicle must not be used on a road or road related area on or after the date of effect. (3) The notice may, but need not, provide an opportunity for the registered operator to make representations why the proposed action should not be taken. (4) The date of effect must not be earlier than 14 days after the notice is given to the registered operator. (5) However, the road transport authority may decide that the suspension or cancellation is to take effect on a date not earlier than the date when the notice is given to the registered operator if the authority is satisfied on reasonable grounds that— (a) a defect notice issued for the vehicle has not been complied with and the date for compliance mentioned in the notice has expired; or (b) the vehicle does not comply with the applicable vehicle standards; or (c) the vehicle identifier for the vehicle is the same as the vehicle

(d) the vehicle is a public passenger vehicle mentioned in section 84 (1) (i). (6) A person commits an offence if— (a) the person is the registered operator of a heavy vehicle; and (b) the registration of the heavy vehicle is cancelled; and (c) the person does not return the heavy vehicle’s registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (f). (7) A person commits an offence if— (a) the person is the registered operator of a vehicle other than a heavy vehicle; and (b) the registration of the vehicle is cancelled; and (c) the person does not return the vehicle’s registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (f). (8) Subsections (6) and (7) do not apply to a person if the person has a reasonable excuse for not returning the vehicle’s registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (f). Note The defendant has an evidential burden in relation to the matters mentioned in s (8) (see Criminal Code, s 58).