33Driving unregistered vehicle

33 Driving unregistered vehicle (1) A person shall not: (a) drive; or (b) employ, permit or suffer a person to drive, Traffic Act 1987 82 on a public street or public place a motor vehicle which is not Penalty: 20 penalty units or imprisonment for 12 months. (2) An inspector or a member of the Police Force who has reason to believe that a motor vehicle is not registered may remove a number plate which is attached to that vehicle. (3) For the purposes of this section: (a) a visiting motor vehicle in relation to which there is in force a policy of insurance complying with the provisions of a law in force in a State or another Territory of the Commonwealth requiring the owner or driver of a motor vehicle to be insured against liability in respect of the death of or bodily injury to a person caused by or arising out of the use of the motor vehicle; and (aa) a motor vehicle being driven by the shortest practicable route to a repair workshop: (i) that is located within a reasonable distance in the circumstances; and (ii) that has the services of an inspector appointed under the Motor Vehicles Act 1949; and (iii) where arrangements for the presentation of the vehicle have been made in advance, for the purpose of the vehicle being inspected or repaired in order for it to be registered; and (b) a motor vehicle being driven by the shortest practicable route to the nearest office of the Registrar or police station, for the purpose of registering that vehicle; and (c) a motor vehicle being removed or operated in pursuance of a licence granted under section 137 of the Motor Vehicles Act 1949 or a licence or other document, granted under a provision of an Act of a State or another Territory of the Commonwealth, which permits the driving of a vehicle not registered under such an Act; and (d) a motor vehicle being driven in pursuance of, and in accordance with, a pastoral vehicle permit granted under section 137B of the Motor Vehicles Act 1949; and Traffic Act 1987 83 (da) a motor vehicle being towed, moved or driven under section 47(4); and (e) a vehicle which is the property of the Commonwealth or an authority of the Commonwealth; are taken to be registered. (4) A person shall not drive a visiting motor vehicle on a public street or public place unless that person complies with the conditions, restrictions or limitations (if any) imposed in respect of its registration in the country, State or Territory of the Commonwealth where it is registered and: (a) that person can establish, to the satisfaction of the Registrar, that within the period of 3 months immediately preceding that day, it had been outside the Territory; or (b) the vehicle is, under section 8A(1) of the Motor Vehicles Act 1949, exempted from the requirement for registration. (4A) For the purposes of subsection (1), a motor vehicle is to be deemed to be not registered, notwithstanding that it is registered under a law of another country or of a State or another Territory of the Commonwealth relating to the registration of motor vehicles, where it is being driven in contravention of a condition, restriction or limitation imposed in respect of its registration in that country, State or Territory. (5) For the purposes of subsection (1), a motor vehicle shall be deemed to be not registered, notwithstanding that it is registered under a law of another country or of a State or another Territory of the Commonwealth relating to the registration of motor vehicles, where it is being driven by a person who is: (a) a resident of the Territory; and (b) the owner of the vehicle, and the vehicle has been in the Territory continuously for: (c) more than 28 days; or (d) where the Registrar has, under section 8A(1) of the Motor Vehicles Act 1949, exempted the vehicle from the requirement for registration for a period, for more than that period. (6) For the purposes of subsection (5)(b), but without limiting that subsection, a person shall be deemed to be the owner of a motor vehicle if it is registered under a law of another country or of a State Traffic Act 1987 84 or another Territory of the Commonwealth in the name of that person or in the name of a spouse, de facto partner, dependant or parent, who is a resident of the Territory, of that person. (7) In a prosecution for an offence against subsection (1) in respect of a motor vehicle which is deemed not to be registered by virtue of subsection (5), an averment in the complaint that: (a) a person is a resident of the Territory; or (b) the vehicle in respect of which an alleged offence was committed had been in the Territory continuously for a specified period, is prima facie evidence of the matters averred. (8) This section does not apply to a vehicle to which section 33A applies.