Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 162E

(1)     Where—

        (a)     a person on whom a notice under section 162A has been served fails to pay to the Registrar the prescribed penalty for the parking infringement and the administrative charge in accordance with the notice;

        (b)     a person on whom a parking infringement notice under section 162 and a notice under section 162A is served, fails within 28 or 14 days, respectively, after the date of the notice—

              (i)     to furnish to the Registrar a statutory declaration under section 159; or

              (ii)     to lodge a notice under subsection 162C (1);

in accordance with the notice served; or

        (c)     on application to the Court by the Registrar under subsection 162D (1), the Court makes the declaration sought and the person fails to comply with the declaration within 14 days after the date of the declaration or such further time as the Court allows;

the Registrar shall—

        (e)     if the infringer or the person against whom that conviction or order is made is a natural person and, at the time the Registrar takes action under this subsection, the person—

              (i)     is licensed in the Territory—suspend any driving licence issued to that person;

              (ii)     is not licensed in the Territory but the motor vehicle in respect of which the infringement occurred is registered in the Territory in the name of the infringer—suspend the registration of that motor vehicle;

              (iii)     is not licensed in the Territory and the motor vehicle in respect of which the infringement occurred is not registered in the Territory—suspend the person's right to drive a motor vehicle in the Territory or suspend the right to drive that motor vehicle in the Territory; or

              (iv)     is not licensed in the Territory and the motor vehicle in respect of which the infringement occurred is owned by the Territory or the Commonwealth—suspend the person's right to drive a motor vehicle in the Territory; or

        (f)     if the infringer or the person against whom that conviction or order is made is a body corporate and, at the time the Registrar takes action under this subsection—

              (i)     the motor vehicle is registered in the Territory—suspend the registration of that motor vehicle; or

              (ii)     if the motor vehicle is not registered in the Territory—suspend the right to drive that motor vehicle in the Territory.

(2)     A person whose licence to drive in the Territory, or the registration in the Territory of his or her vehicle, has been suspended under subsection (1), is not entitled to a refund of fees in respect of the period of time for which the licence or registration is suspended.

(3)     The Registrar shall not effect a suspension under subsection (1) unless, at least 10 days before the suspension takes effect, he or she notifies the person concerned, in writing, of the date on which the suspension is to take effect.

(4)     A notice under subsection (3) shall be served by post on the person at his or her last known place of residence or business.