47Procedures for suspension and cancellation of registration

#### 47 Procedures for suspension and cancellation of registration 47 Procedures for suspension and cancellation of registration (cf 2007 reg cl 42) > > (1) If Transport for NSW decides to suspend the registration of a registrable vehicle, Transport for NSW must give the registered operator notice in writing of— > > > > > (a) the reasons for the suspension, and > > > > > (b) the date on which the registration is to be suspended, and > > > > > (c) the action to be taken by the registered operator in order to avoid the suspension or to have the suspension removed. > > > (2) Transport for NSW must not cancel the registration of a registrable vehicle unless Transport for NSW— > > > > > (a) has suspended the registration and believes that a reason for the suspension still exists, and > > > > > (b) has served notice on the registered operator that— > > > > > > > (i) advises the registered operator that Transport for NSW has decided to cancel the registration of the vehicle and gives the reasons for the decision, and > > > > > > > (ii) specifies requirements that must be met if the cancellation is to be avoided, and > > > > > > > (iii) states that, if those requirements are not met within 14 days after the date specified in the notice for that purpose, the cancellation will then take effect, and > > > > > > > (iv) if there is a right under Part 7.8 of the Act to appeal against the decision—advises the registered operator of the right of appeal. > > > (3) Subclause (2) does not apply— > > > > > (a) in the case of a cancellation following a surrender of registration by the registered operator under this Division, or > > > > > (b) if Transport for NSW is directed to cancel the registration by the Commissioner of Fines Administration under the [Fines Act 1996](/view/html/inforce/current/act-1996-099), or > > > > > (c) if Transport for NSW is required to cancel the registration by virtue of section 84 or 104C of the Act, or > > > > > (d) if Transport for NSW is required to cancel the registration under clause 45(1A). > > > (4) If the requirements stated in the notice referred to in subclause (2) are not met within the period specified in the notice, the registration of the vehicle is cancelled at the end of that period. > > > (5) If the registration of a vehicle is cancelled, the registered operator must return any number-plates issued in respect of the registration to Transport for NSW (or an agent nominated by Transport for NSW) within 14 days after the registration is cancelled. > > > > Maximum penalty—20 penalty units. > > > (5A) Subclause (5) does not apply to a number-plate issued by Transport for NSW in respect of a heavy vehicle that becomes the property of an authority of another jurisdiction because of the operation of section 67A of the Act. > > > (6) On cancelling the registration of a registrable vehicle, Transport for NSW may require the registered operator of the vehicle to pay the applicable fee for the cancellation. > > **cl 47:** Am 2018 (335), Sch 1 \[5\]; 2019 No 1, Sch 1.18 \[4\]; 2020 (286), Sch 1\[1\]; 2021 (136), Sch 1\[2\].