Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 22

(1)     Subject to section 23, where a registered motor vehicle is sold or disposed of, the former owner shall, within 14 days of the sale or disposal—

        (a)     return to the Registrar—

              (i)     the number plate or number plates, as the case may be, issued in respect of the vehicle; and

              (ii)     the certificate of registration granted in respect of the vehicle,

and in writing request the Registrar to cancel the registration of the vehicle; or

        (b)     give the number plate or number plates, and the certificate of registration, to the new owner,

and shall complete and furnish to the Registrar a notice of disposal in accordance with a form supplied by the Registrar.

Penalty: 5 penalty units.

(2)     Where a registered motor vehicle is sold or disposed of, the new owner shall, within 14 days of the sale or disposal—

        (a)     furnish to the Registrar—

              (i)     the registration number, make, model and engine number of the motor vehicle;

              (ii)     the date of the sale or disposal of the motor vehicle;

              (iii)     the new owner's name and address;

              (iv)     the certificate of registration in respect of the vehicle; and

              (v)     the consent in writing of the former owner to the transfer of the vehicle; and

        (b)     where the new owner has been given the number-plate or number-plates issued in respect of the vehicle—

              (i)     return the number-plate or number-plates to the Registrar and request the Registrar in writing to cancel the registration of the vehicle; or

              (ii)     apply in writing to the Registrar for the transfer of the registration in respect of the vehicle.

(3)     Upon receipt of—

        (a)     the information specified in paragraph (2) (a);

        (b)     a notice of disposal; and

        (c)     an application under subparagraph (2) (b) (ii);

and on payment of the determined fee, the Registrar shall transfer the registration of the motor vehicle to the new owner.

(4)     Where the Registrar has received a notice in writing from the person who has title to a motor vehicle stating that the person does not authorise the sale or disposal of the motor vehicle, the Registrar shall not transfer the registration of the motor vehicle unless there is produced to the Registrar the consent in writing of that person to the sale or disposal of the motor vehicle.

(5)     Where—

        (a)     the Registrar has not received the information specified in paragraph (2) (a), or a notice of disposal, in respect of a motor vehicle; and

        (b)     the Registrar is satisfied that—

              (i)     the person disposing of the motor vehicle is authorised so to dispose of the motor vehicle; or

              (ii)     the person applying for the transfer of the registration of the motor vehicle is entitled to be registered as the owner of the vehicle;

the Registrar may transfer the registration of the motor vehicle to the person applying for the transfer of the registration of the motor vehicle.

(6)     Where—

        (a)     a notice of disposal has been received by the Registrar in respect of a vehicle; and

        (b)     the Registrar has not, within 14 days of the date specified in the notice of disposal as the date of the sale or disposal of the vehicle, received a request under subparagraph (2) (b) (i) or an application under subparagraph (2) (b) (ii);

the Registrar may cancel the registration of the vehicle.

(7)     Where a motor vehicle is repossessed under a hire-purchase agreement—

        (a)     the person repossessing the vehicle shall, for the purposes of this section, be deemed to be the new owner of the vehicle; and

        (b)     the Registrar may, at the request of the person repossessing the vehicle, transfer the registration of the motor vehicle without the written consent of the former owner of the vehicle.

(8)     Where the date of the sale or disposal of a registered motor vehicle notified to the Registrar by the former owner of the vehicle is not the same as the date notified to the Registrar by the new owner of the vehicle—

        (a)     where the Registrar is satisfied that the later of the dates is the date on which the sale or disposal took place—that later date; and

        (b)     in any other case—the earlier of the dates;

shall be deemed to be the date of the sale or disposal of the motor vehicle.

(9)     Until the provisions of subsection (1) are complied with in respect of a motor vehicle, the person in whose name the vehicle is registered remains liable as owner for any breach in respect of the vehicle of such of the provisions of this Act as apply to an owner.

(10)     In this section—

"motor vehicle" includes trailer.

"sale or disposal", in relation to a motor vehicle, includes—

        (a)     repossession under a hire-purchase agreement; and

        (b)     any change in the ownership of the vehicle, whether for valuable consideration or otherwise.