Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 3)
Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
• ACT
• exercise
• function
• instrument.
"approved premises"—see section 15 (3) (b).
"another jurisdiction" means a jurisdiction other than the ACT.
"Australian Transport Council" means the Australian Transport Council mentioned in the National Transport Commission Act 2003 (Cwlth), section 4 or its successor.
"authorised person", for a provision of this Act, means—
(a) a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision; or
(b) a person who is, under the regulations made under this Act or the Road Transport (General) Act 1999, an authorised person for the provision.
"authority"—see road transport authority.
"corresponding law" means a law of another jurisdiction under which devices, plates and documents relating to the registration of vehicles are issued.
"dangerously defective vehicle"—see section 24.
"defective vehicle"—see section 24.
"drive" a vehicle includes—
(a) be in control of the steering, movement or propulsion of the vehicle; and
(b) if the vehicle is a trailer—draw or tow the vehicle; and
(c) if the vehicle can be ridden—ride the vehicle.
"driver", of a vehicle, means the person who is driving the vehicle.
"garage address", of a vehicle, means—
(a) if the vehicle is normally kept at a depot or base of operations when not in use—the main depot or base of operations of the vehicle; or
(b) if the vehicle is normally kept on a road or road related area when not in use and—
(i) the vehicle has only 1 registered operator—the home address of the registered operator; or
(ii) the vehicle has more than 1 registered operator and 1 or more of the operators lives in the ACT—the home address of the registered operator living in the ACT whose home address is nearest the road or road related area; or
(iii) the vehicle has more than 1 registered operator and none of the registered operators live in the ACT—the suburb and road or road related area in the ACT where the vehicle is normally kept; or
(c) if the vehicle is normally kept at a place (other than a depot, base of operations or road or road related area) when not in use—the place where the vehicle is normally kept.
"GCM" (or gross combination mass), of a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at the same time—
(a) specified by the manufacturer on an identification plate on the motor vehicle; or
(b) if there is no specification by the manufacturer on an identification plate on the motor vehicle or if the specification is not appropriate because the motor vehicle has been modified—certified by the road transport authority.
"GVM" (or gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—
(a) specified by the manufacturer on an identification plate on the vehicle; or
(b) if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle has been modified—certified by the road transport authority.
"heavy vehicle" means a motor vehicle or trailer with a GVM more than 4.5t.
"home address" means—
(a) for a corporation—the address of its registered office or the address recorded in the registrable vehicles register as its home or business address; or
(b) for an individual—the address of the place where the person usually lives.
"inspect", in relation to a registrable vehicle, includes observe the vehicle's performance, with or without the use of instrumentation.
"jurisdiction" means a State, the Commonwealth or an internal Territory, including the ACT.
"motor vehicle" means a vehicle built to be propelled by a motor that forms part of the vehicle.
"National Transport Commission" means the National Transport Commission established by the National Transport Commission Act 2003 (Cwlth) or its successor.
"premises" means any place.
"register"—see registrable vehicles register.
"registered", for a vehicle, means registered under this Act.
"registered operator" means—
(a) for a vehicle registered under this Act—a person recorded in the registrable vehicles register as a registered operator of the vehicle; or
(b) for a vehicle registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator of the vehicle.
Note A reference to the registered operator includes each registered operator (see s 29).
"registrable vehicle" means—
(a) any motor vehicle; or
(b) any trailer; or
(c) any other vehicle prescribed under the regulations for this definition.
"registrable vehicles register "(or register) means the registrable vehicles register required to be kept under section 6.
"responsible person", for a vehicle—see the Road Transport (General) Act 1999, section 10.
"ride", for the rider of a motorbike or an animal-drawn vehicle, includes be in control of the vehicle.
"road" means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles, but does not include an area that would otherwise be a road so far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act does not apply to the area.
"road related area" means—
(a) an area that divides a road; or
(b) a footpath or nature strip adjacent to a road; or
(c) an area that is open to the public and is designated for use by cyclists or animals; or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or
(e) a shoulder of a road; or
(f) any other area that is open to or used by the public so far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act applies to the area;
but does not include an area that would otherwise be a road related area so far as a declaration under that section declares that this Act does not apply to the area.
"road transport authority" (or authority) means the Australian Capital Territory Road Transport Authority.
Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).
"road transport legislation"—see the Road Transport (General) Act 1999, section 6.
"trader's plate" means a numberplate issued by the road transport authority to a person engaged in a relevant trade to move unregistered registrable vehicles for short-term purposes.
"trailer" means a vehicle being towed, or built to be towed, by a motor vehicle, but does not include a motor vehicle being towed.
"unregistered vehicle permit" means a permit mentioned in section 7 (d) (Powers of road transport authority).
"use" a vehicle includes drive, park or stop the vehicle on a road or road related area.
"vehicle" means—
(a) any description of vehicle on wheels, other than a vehicle used on railways or tramways; or
(b) any other vehicle prescribed under the regulations.
"vehicle standard" includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
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dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
|
Gaz = gazette |
reloc = relocated |
|
hdg = heading |
R[X] = Republication No |
|
IA = Interpretation Act 1967 |
RI = reissue |
|
ins = inserted/added |
s = section/subsection |
|
LA = Legislation Act 2001 |
sch = schedule |
|
LR = legislation register |
sdiv = subdivision |
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sub = substituted |
|
|
mod = modified/modification |
SL = Subordinate Law |
|
o = order |
underlining = whole or part not commenced |
|
om = omitted/repealed |
or to be expired |
Road Transport (Vehicle Registration) Act 1999 No 81
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
remainder commenced 1 March 2000 (s 2 and Gaz 2000 No S5)
as amended by
Road Transport Legislation Amendment Act 2001 No 27 sch 3
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
sch 3 commenced 24 May 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 349
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 349 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Road Transport (Public Passenger Services) Act 2001 No 62 pt 1.7
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 1.7 commenced 1 December 2001 (s 2 and CN 2001 No 2)
Statute Law Amendment Act 2002 No 30 pt 3.74
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.74 commenced 17 September 2002 (s 2 (1))
Statute Law Amendment Act 2002 (No 2) No 49 pt 3.25
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 3.25 commenced 17 January 2003 (s 2 (1))
Criminal Code 2002 No 51 pt 1.21
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75)
pt 1.21 commenced 1 January 2003 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.59
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.59 commenced 2 June 2005 (s 2 (1))
Road Transport Legislation Amendment Act 2006 A2006-26 pt 4
notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
pt 4 commenced 2 July 2006 (s 2 and CN2006-12)
Road Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.11 (as am by A2008-39 s 4)
notified LR 26 February 2008
s 1, s 2 commenced 26 February 2008 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)
Road Transport (Third-Party Insurance) Amendment Act 2008 A2008-39
notified LR 22 August 2008
s 1, s 2 commenced 22 August 2008 (LA s 75 (1))
remainder commenced 23 August 2008 (s 2)
Note This Act only amends the Road Transport (Third-Party Insurance) Act 2008 A2008-1.
Road Transport (Third-Party Insurance) Amendment Act 2009 A2009-16 sch 3 pt 3.4
notified LR 30 June 2009
s 1, s 2 commenced 30 June 2009 (LA s 75 (1))
sch 3 pt 3.4 commenced 5 July 2009 (s 2)
Preliminary
pt
1 hdg note am 2001 No 44 amdt 1.3806; 2001 No 62 amdt
1.27
om A2005-20 amdt
3.384
Name of
Act
s 1 am A2005-20 amdt 3.385;
A2008-1 amdt 1.35
Objects of
Act
s 2 hdg (prev s 3
hdg)
bracketed note exp 17 September
2002 (s 5 (3))
s 2 orig s
2
om 2001 No 27 amdt
3.60
pres s
2
(prev s 3) am A2005-20 amdt
3.386
renum as s 2 A2006-26 s
35
Dictionary
s
3 hdg (prev s 4 hdg)
bracketed note
exp 17 September 2002 (s 5 (3))
s
3 orig s 3
renum as s
2
pres s
3
(prev s 4) sub A2005-20 amdt
3.387
renum as s 3 A2006-26 s
35
Notes
s
4 hdg (prev s 5 hdg)
bracketed note
exp 17 September 2002 (s 5
(3))
orig s
4
renum as s
3
pres s
4
(prev s 5) (2), (3) exp 17
September 2002 (s 5 (3))
renum as s
4 A2006-26 s 35
Offences against Act—application of
Criminal Code etc
s 5 orig s
5
renum as s
4
pres s
5
ins A2006-26 s
36
Functions of road transport authority
generally
div 2.1 hdg sub 2002 No
30 amdt 3.776
Functions of road transport
authority
s 6 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Powers of road transport
authority
s 7 hdg bracketed note
exp 17 September 2002 (s 5 (3))
s
7 am A2009-16 amdt 3.5
Registrable vehicles based outside ACT not
to be registered
s 8
hdg bracketed note exp 17 September 2002 (s 5 (3))
Register does not provide evidence of
title
s 9 hdg bracketed note exp
17 September 2002 (s 5 (3))
Keeping of
register
s 10 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Security and disclosure of information in
register
s 11 hdg bracketed note
exp 17 September 2002 (s 5 (3))
s
11 sub 2002 No 49 amdt 3.234
Ownership of devices, plates and
documents
s 12 hdg bracketed note
exp 17 September 2002 (s 5 (3))
General regulation-making
power
s 13 hdg bracketed note exp
17 September 2002 (s 5 (3))
s 13 am
2001 No 44 amdt 1.3807
Regulations to establish registration
system
s 14 hdg bracketed note
exp 17 September 2002 (s 5 (3))
s
14 am 2001 No 44 amdt 1.3808; 2002 No 49 amdt 3.235
Regulations to establish system for vehicle
standards and inspections
s 15
hdg bracketed note exp 17 September 2002 (s 5
(3))
s 15 am 2001 No 27 amdts
3.61-3.63; 2001 No 44 amdt 1.3809; 2002 No 49 amdt 3.235
Regulations may apply certain documents
etc
s 16 sub 2002 No 30 amdt
3.777
am 2002 No 51 amdt
1.45
sub A2005-20 amdt
3.388
Regulations may exclude vehicles and people
from Act
s 17 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Enforcement—approved
premises
div 2.3 hdg ins A2006-26
s 37
Purpose of powers under div
2.3
s 17A ins A2006-26 s
37
Power to inspect approved premises, records
and equipment
s 17B ins A2006-26
s 37
Prohibition on using unregistered
registrable vehicles or vehicles with suspended
registration
s 18 hdg bracketed
note exp 17 September 2002 (s 5 (3))
Obtaining registration or unregistered
vehicle permits by false statements
etc
s 19 hdg bracketed note exp
17 September 2002 (s 5 (3))
Forgery of devices
etc
s 20 hdg bracketed note exp
17 September 2002 (s 5 (3))
Obligations of registered
operator
s 21 hdg bracketed note
exp 17 September 2002 (s 5 (3))
s
21 am 2001 No 27 amdt 3.64, amdt 3.65
Offences relating to identification numbers
of motor vehicles and trailers
s
23 hdg bracketed note exp 17 September 2002 (s 5 (3))
Meaning of defective vehicle and
dangerously defective
vehicle
s 24 hdg bracketed
note exp 17 September 2002 (s 5 (3))
Identifying defective
vehicles
s 25 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Using certain defective
vehicles
s 26 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Identifying dangerously defective
vehicles
s 27 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Using dangerously defective
vehicles
s 28 hdg bracketed note
exp 17 September 2002 (s 5 (3))
Registered
operators
s 29 hdg bracketed note
exp 17 September 2002 (s 5 (3))
s
29 am 2001 No 27 amdt 3.66; 2002 No 49 amdt 3.235
Seizure of
numberplates
s 30 hdg bracketed
note exp 17 September 2002 (s 5 (3))
Vehicles with unregistered vehicle permits
taken to be registered
s 31
hdg bracketed note exp 17 September 2002 (s 5
(3))
s 31 sub A2009-16 amdt
3.6
References to Motor Traffic Act
etc
s 32 am 2001 No 44 amdt
1.3810, amdt 1.3811
Transitional
pt
6 hdg exp 1 June 2001 (s 42)
Definitions for pt
6
s 33 exp 1 June 2001 (s
42)
Existing
registrations
s 34 exp 1 June
2001 (s 42)
Existing temporary
licences
s 35 exp 1 June 2001 (s
42)
Owner taken to be registered
operator
s 36 exp 1 June 2001 (s
42)
Existing trader's
plates
s 37 exp 1 June 2001 (s
42)
Existing registration
records
s 38 exp 1 June 2001 (s
42)
Existing defect
notices
s 39 exp 1 June 2001 (s
42)
Transitional
regulations
s 40 exp 1 June 2001
(s 42)
Modification of Part's
operation
s 41 exp 1 June 2001 (s
42)
Expiry of
Part
s 42 am 2001 No 27 amdt
3.67
exp 1 June 2001 (s
42)
Dictionary
dict am
2002 No 30 amdt 3.778; A2006-26 s
38
def approved premises
ins A2006-26 s 39
def
Australian Transport Council sub A2005-20 amdt
3.389
def authorised
person sub 2002 No 30 amdt
3.779
def exercise om
2002 No 30 amdt 3.780
def
function om 2002 No 30 amdt
3.780
def garage
address am A2005-20 amdt
3.390
def National Road
Transport Commission om A2005-20 amdt
3.391
def National Transport
Commission ins A2005-20
amdt 3.391
def
registered am 2001 No 27 amdt
3.68
def registered
operator am 2001 No 27 amdt 3.69; A2005-20 amdt
3.392
def road am 2002
No 30 amdt 3.781
def road
related area am 2002 No 30 amdt
3.781
def the
regulations om 2001 No 44 amdt
1.3812
def this Act (or
the Act) om 2001 No 44 amdt 1.3812
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1
(RI) |
1 Mar
2000– |
not amended |
new
Act |
|
R2 |
12 Sept
2001– |
A2001-44 |
amendments by A2001-27 and A2001-44 |
|
R3 |
1 Dec
2001– |
A2001-62 |
amendments by A2001-62 |
|
R4 |
17 Sept
2002– |
A2002-30 |
amendments by A2002-30 |
|
R5 |
1 Jan
2003– |
A2002-51 |
amendments by A2002-51 |
|
R6 |
17 Jan
2003– |
A2001-51 |
amendments by A2002-49 |
|
R7 |
2 June
2005– |
A2005-20 |
amendments by A2005-20 |
|
R8 |
2 July
2006– |
A2006-26 |
amendments by A2006-26 |
|
R9* |
1 Oct
2008– |
A2008-39 |
amendments by A2008-1 as amended by A2008-39 |
© Australian Capital Territory
2009