27Requirement for registration

27 Requirement for registration

(1)  Subject to subsection (3), a person must not use, or permit the use of, a motor vehicle or a trailer on a public street unless the vehicle is registered under this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 20 penalty units; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months.

(2)  The court may impose an additional fine on a person convicted of an offence against subsection (1) not exceeding the amount of motor tax payable for registration of the vehicle or combination for a registration period of 12 months.

(3)  Subsection (1) does not apply to –

(a) a vehicle of a class that is exempt from registration under this Act; or

(b) a vehicle for which a short term unregistered vehicle permit is in force authorising its use on a public street; or

(c) the use of a vehicle in circumstances in which its use is authorised by a trade plate; or

(d) the use of a vehicle in circumstances in which the regulations permit its use without registration.

(4)  If in proceedings for an offence against this section the prosecution establishes that –

(a) an unregistered vehicle was found parked or standing on a public street; and

(b) the defendant –

(i) is the registered operator of the vehicle; or

(ii) is the owner of the vehicle; or

(iii) is entitled to possession of the vehicle –

it will be presumed, in the absence of proof to the contrary, that the defendant used or permitted the use of the vehicle in contravention of this section.