Commonwealth Consolidated Acts

INTERSTATE ROAD TRANSPORT ACT 1985 - SECT 11

             (1)  A Registration Authority may, in accordance with the regulations, cancel the registration of the motor vehicle or trailer if:

                     (a)  the motor vehicle or trailer does not comply with requirements prescribed for the purposes of paragraph 13(a) or (c) or section 37;

                     (b)  otherwise than as mentioned in paragraph (a), the motor vehicle or trailer is, or is likely to be, dangerous or unsafe;

                     (c)  the owner of the motor vehicle or trailer has not complied with requirements prescribed for the purposes of paragraph 13(b) or section 39;

                     (d)  the motor vehicle or trailer has been so altered or modified as not to correspond to the specifications set out in the certificate of registration;

                     (e)  the motor vehicle or trailer is destroyed;

                      (f)  an amount payable under paragraph 9(1)(a) or (b) or 9(3)(b) and accompanying an application for registration under section 9 has been paid by cheque--the cheque is dishonoured when duly presented for payment.

             (2)  If:

                     (a)  the motor vehicle or trailer does not comply with requirements prescribed for the purposes of paragraph 13(a) or (c) or section 37;

                     (b)  otherwise than as mentioned in paragraph (a), the motor vehicle or trailer is, or is likely to be, dangerous or unsafe;

                     (c)  the owner of the motor vehicle or trailer has not complied with requirements prescribed for the purposes of paragraph 13(b) or section 39;

                    (ca)  an amount payable under paragraph 9(1)(a) or (b) or 9(3)(b) and accompanying an application for registration under section 9 has been paid by cheque--the cheque is dishonoured when duly presented for payment;

a Registration Authority may, in accordance with the regulations:

                     (d)  suspend the registration of the motor vehicle or trailer; and

                     (e)  give directions to the owner requiring acts or things to be done to or in relation to the motor vehicle or trailer:

                              (i)  in a case to which paragraph (a) applies--for the purpose of ensuring that the motor vehicle or trailer complies with requirements prescribed for the purposes of paragraph 13(a) or (c) or section 37;

                             (ii)  in a case to which paragraph (b) applies--for the purpose of ensuring that the motor vehicle or trailer is not, and is not likely to be, dangerous or unsafe; or

                            (iii)  in a case to which paragraph (c) applies--for the purposes of rectifying or remedying the consequences of the failure by the owner of the motor vehicle or trailer to comply with requirements prescribed for the purposes of paragraph 13(b) or section 39.

             (3)  Where:

                     (a)  a Registration Authority has suspended the registration of a motor vehicle or trailer and has given directions to the owner of the motor vehicle or trailer; and

                     (b)  the owner has complied with those directions;

the Registration Authority shall, by notice in writing served on the owner, terminate the suspension.

             (4)  Where the registration of a motor vehicle or trailer is suspended, the motor vehicle or trailer shall, for the purposes of section 8, be deemed not to be registered while the registration is suspended.

             (5)  A Registration Authority, in exercising the powers conferred by subsection (1) or (2), shall have regard only to:

                     (a)  the safety of the public; and

                     (b)  the need to ensure compliance with this Act and the regulations.