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This is a Bill, not an Act. For current law, see the Acts databases.
Road Transport (Vehicle Registration)
Amendment (Written-off Vehicles) Bill
2010
No , 2010
A Bill for
An Act to amend the Road Transport (Vehicle Registration) Act 1997 and other
legislation with respect to the notification, registration and management of
written-off vehicles; to repeal the Road Transport (General) Amendment (Written-off
Vehicles) Act 2007; and for other purposes.
Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
Clause 1 Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport (Vehicle Registration) Amendment 3
(Written-off Vehicles) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Repeal of Road Transport (General) Amendment (Written-off Vehicles) 7
Act 2007 No 52 8
The Road Transport (General) Amendment (Written-off Vehicles) Act 9
2007 is repealed. 10
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
Bill 2010
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
Schedule 1 Amendment of Road Transport (Vehicle 1
Registration) Act 1997 No 119 2
[1] Section 4 Definitions 3
Omit the definition of registered. Insert instead: 4
registered, in relation to a registrable vehicle, means registered 5
on the Register of Registrable Vehicles under this Act. 6
[2] Part 2AA 7
Insert after section 16: 8
Part 2AA Written-off vehicles 9
Division 1 Preliminary 10
16A Definitions 11
In this Part: 12
authorisation to repair means an authorisation to repair a 13
written-off vehicle issued by the Authority under this Part. 14
authorised officer has the same meaning as it has in the Road 15
Transport (General) Act 2005. 16
auto-dismantler has the same meaning as it has in the Motor 17
Dealers Act 1974 and includes any other person declared to be an 18
auto-dismantler by the regulations under this Act. 19
certificate of compliance means a certificate of compliance 20
issued by a licensed repairer under this Part. 21
commencement day means the day on which this Part 22
commences. 23
dealer has the same meaning as it has in the Motor Dealers Act 24
1974 and includes any other person declared to be a dealer by the 25
regulations under this Act. 26
former written-off vehicle has the meaning given by 27
section 16B (1). 28
insurer means a person who carries on the business of insuring 29
vehicles and includes any other person declared to be an insurer 30
by the regulations. 31
licensed repairer means a person who holds a licence under the 32
Motor Vehicle Repairs Act 1980. 33
non-repairable damage means damage of a class, or damage 34
caused in circumstances, prescribed by the regulations. 35
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
notifiable vehicle--see section 16G. 1
register of written-off vehicles means the register of written-off 2
vehicles kept by the Authority under this Part. 3
self-insurer means any person who, in the course of a business, 4
is the registered operator for 5 or more notifiable vehicles (or any 5
other number of notifiable vehicles that may be prescribed by the 6
regulations) in respect of each of which there is no insurance 7
policy with an insurer covering loss or damage. 8
statutory written-off vehicle has the meaning given by 9
section 16B (1). 10
total loss--see section 16H. 11
vehicle identifier, in relation to a vehicle, means: 12
(a) in the case of a vehicle manufactured before 13
1 January 1989--the number quoted on the compliance 14
plate that uniquely identifies the vehicle and sets it apart 15
from similar vehicles and that corresponds to the 16
identification number of the vehicle that is permanently 17
recorded elsewhere on the vehicle, or 18
(b) in any other case--the unique vehicle identification 19
number (or "VIN") allocated to the vehicle in accordance 20
with the International Standards Organisation's vehicle 21
identification system required under an Australian Design 22
Rule adopted by the regulations. 23
Division 2 Restrictions on registration of certain 24
written-off vehicles 25
16B Register of written-off vehicles 26
(1) The Authority is to keep a register of written-off vehicles that 27
records information about vehicles that the Authority has reason 28
to believe: 29
(a) are written-off vehicles (statutory written-off vehicles), or 30
(b) were previously written-off vehicles but which have since 31
been repaired and then registered (former written-off 32
vehicles). 33
(2) The register is to contain such information and be in such form as 34
the Authority thinks appropriate. 35
(3) In this section written-off vehicle includes any vehicle: 36
(a) that has been assessed to be a total loss by a person in 37
accordance with Division 3, or 38
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
Bill 2010
Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(b) that has been disposed of to an auto-dismantler by a 1
self-insurer, or 2
(c) that has been demolished or dismantled by an 3
auto-dismantler, or 4
(d) that is in the control of an auto-dismantler and is intended 5
to be demolished or dismantled, or 6
(e) that was recorded on the register of written-off vehicles on 7
the commencement day, or 8
(f) that is prescribed by the regulations. 9
16C Registration of written-off vehicles 10
(1) The Authority must not register, renew or transfer the registration 11
of any vehicle (or if the vehicle is registered, the Authority must 12
cancel the registration of the vehicle) if its vehicle identifier is the 13
same as the vehicle identifier of a statutory written-off vehicle or 14
an interstate written-off vehicle. 15
(2) However, subsection (1) does not apply if the vehicle is the 16
subject of an authorisation to repair and: 17
(a) the application for registration is accompanied by a 18
certificate of compliance in relation to the vehicle, or 19
(b) the Authority is satisfied that the vehicle is of a class 20
exempt by the regulations from the obligation to be the 21
subject of a certificate of compliance. 22
(3) The Authority must not cancel the registration of a vehicle unless 23
it has first given the registered operator of the vehicle at least 24
14 days' notice of the proposed cancellation. 25
(4) The Authority must not register, renew or transfer the registration 26
of a vehicle if to do so would breach a condition imposed by the 27
Authority on an authorisation to repair. 28
(5) In this section: 29
interstate written-off vehicle means a vehicle recorded on a 30
register of written-off vehicles (however described) of another 31
Australian jurisdiction as: 32
(a) a statutory written-off vehicle or similar (being a vehicle 33
that is not permitted to be registered in that jurisdiction by 34
the vehicle registration authority of that jurisdiction), or 35
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(b) a repairable written-off vehicle or similar (being a vehicle 1
that may in certain circumstances be registered in that 2
jurisdiction), but only if that vehicle has not been 3
registered in this or another jurisdiction since being so 4
recorded. 5
16D Authority must refuse certain applications for authorisations 6
(1) The Authority must refuse an application for the issue of an 7
authorisation to repair a written-off vehicle if the Authority 8
reasonably believes any one or more of the following: 9
(a) that the vehicle has suffered non-repairable damage, 10
(b) that the vehicle is prescribed by the regulations as a 11
non-eligible vehicle, 12
(c) that the applicant is prescribed by the regulations as a 13
non-eligible person. 14
(2) This section does not limit the circumstances in which the 15
Authority may refuse the issue of an authorisation to repair. 16
16E Applications for authorisations 17
(1) An eligible person may apply to the Authority for the issue of an 18
authorisation to repair a vehicle. 19
(2) An application for the issue of an authorisation: 20
(a) must be in a form approved by the Authority, and 21
(b) must be accompanied by a record of an assessment made 22
in accordance with Division 3 that the vehicle has not 23
suffered non-repairable damage, and 24
(c) must be accompanied by any fee fixed for that purpose by 25
the Authority under section 8. 26
(3) The Authority may require an applicant to submit such other 27
information as the Authority thinks fit. 28
(4) In determining an application, the Authority must take into 29
consideration any factors prescribed by the regulations. 30
(5) The Authority may refuse the application or may issue an 31
authorisation to repair the vehicle unconditionally or subject to 32
any of the following conditions: 33
(a) a condition that the vehicle cannot be registered in the 34
name of a person other than the applicant for a specified 35
period or for an indefinite period, 36
(b) any condition of a class prescribed by the regulations. 37
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Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(6) If the vehicle is of a class of vehicles exempt by the regulations 1
from the obligation to be the subject of a certificate of 2
compliance, the authorisation to repair must state that fact. 3
Division 3 Assessment of damaged vehicles 4
16F Definitions 5
In this Division: 6
assessor means an insurer, self-insurer, auto-dismantler, dealer 7
or other person prescribed by the regulations. 8
vehicle damage assessment means an assessment made by or on 9
behalf of, and in the course of business of, an assessor as to 10
whether or not a notifiable vehicle (anywhere in Australia) is a 11
total loss. 12
16G Notifiable vehicles 13
(1) For the purposes of this Part, a vehicle is a notifiable vehicle if 14
the vehicle: 15
(a) complies (or complied at the time of manufacture) with the 16
requirements of all Australian Design Rules adopted by the 17
regulations applying to it, and 18
(b) is not more than 15 years old (age being determined from 19
the date of manufacture) or, if the regulations prescribe a 20
different age, not more than the age so prescribed, and 21
(c) is located anywhere in Australia but is linked to the State 22
because: 23
(i) it is registered in the State, or 24
(ii) it was last registered in the State, or 25
(iii) it has never been registered in Australia, but one or 26
more of the incidents that caused the vehicle to be 27
assessed as a total loss occurred in the State, and 28
(d) is not: 29
(i) a motor vehicle that has a GVM greater than 30
4.5 tonnes, or 31
(ii) a trailer that has a GVM greater than 4.5 tonnes. 32
(2) For the purposes of this Part, a vehicle is also a notifiable 33
vehicle if it is a vehicle prescribed by the regulations. 34
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
16H Vehicles that are a total loss 1
(1) For the purposes of this Part, a vehicle is a total loss if it has been 2
damaged, dismantled or demolished to the extent that its salvage 3
value, plus the cost of repairing the vehicle for use on a road, 4
would be more than the market value of the vehicle immediately 5
before the damage, dismantling or demolition. 6
(2) In this section: 7
market value of a vehicle means the price that the vehicle would 8
bring at open market, as determined (having regard to local 9
market prices and the age and condition of the vehicle) by the 10
person who assesses whether or not the vehicle is a total loss. 11
salvage value of a vehicle means the value of the vehicle if sold 12
for scrap or parts, or in a damaged state, as determined by the 13
person who assesses whether or not the vehicle is a total loss. 14
16I Assessments as to whether a vehicle is a total loss 15
(1) An assessor must ensure that any vehicle damage assessment 16
made by or on behalf of the assessor is made by a person who: 17
(a) has the training, qualification or experience prescribed by 18
the regulations for the purposes of this section, or 19
(b) acts on the advice of a person who has such training, 20
qualifications or experience. 21
Maximum penalty: 20 penalty units. 22
(2) The Authority may, by notice in writing, exempt a person from 23
subsection (1), before the relevant assessment is carried out. Such 24
an exemption has effect only for the time specified in the 25
exemption and if any conditions to which it is subject are 26
complied with. 27
(3) This section does not have effect until 6 months after the 28
commencement day. 29
16J Factors relevant to assessments 30
An assessor must ensure that any vehicle damage assessment 31
made by or on behalf of the assessor: 32
(a) includes an assessment of whether the vehicle has suffered 33
non-repairable damage, and 34
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(b) bases any calculation of the cost of repair of the vehicle 1
(for the purposes of assessing whether the vehicle is a total 2
loss) on the standard of repairs, and the repair methods, 3
prescribed by the regulations in relation to vehicles of that 4
type. 5
Maximum penalty: 6
(a) in the case of a corporation, 250 penalty units for a first 7
offence or 500 penalty units for a second or subsequent 8
offence, or 9
(b) in any other case, 50 penalty units for a first offence or 10
100 penalty units for a second or subsequent offence. 11
16K Provision of results of assessments 12
(1) An assessor must, if requested to do so by the registered operator 13
or owner of a notifiable vehicle or a person authorised by the 14
Authority, provide the operator, owner or person with a written 15
record of any vehicle damage assessment made by or on behalf 16
of the assessor of that vehicle setting out: 17
(a) a statement as to whether or not the vehicle has suffered 18
non-repairable damage, and 19
(b) any other information prescribed by the regulations. 20
Maximum penalty: 20 penalty units. 21
(2) An assessor must, if directed in writing to do so by an authorised 22
officer, provide the Authority with a written record of any vehicle 23
damage assessment made by or on behalf of the assessor setting 24
out: 25
(a) a statement as to whether or not the vehicle has suffered 26
non-repairable damage, and 27
(b) any other information specified in the direction. 28
Maximum penalty: 20 penalty units. 29
(3) More than one direction may be issued under subsection (2). 30
Note. Section 307C of the Crimes Act 1900 makes it an offence for a 31
person to produce a record under this section if the person does so 32
knowing that the record is false or misleading. 33
16L Information about written-off and demolished vehicles 34
(1) An assessor must ensure that the Authority is provided with the 35
information required by the regulations concerning each 36
notifiable vehicle that is assessed as being a total loss in the 37
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
course of a vehicle damage assessment conducted by or on behalf 1
of the assessor: 2
(a) within 7 days after the assessment and before the vehicle is 3
sold or otherwise disposed of, or 4
(b) within any other time prescribed by the regulations. 5
(2) A self-insurer must ensure that the Authority is provided with the 6
information required by the regulations concerning each 7
notifiable vehicle that is taken to be a total loss by virtue of being 8
disposed of by the self-insurer (anywhere in Australia) to an 9
auto-dismantler: 10
(a) within 7 days after the vehicle is disposed of, or 11
(b) within any other time prescribed by the regulations. 12
(3) An auto-dismantler must ensure that the Authority is provided 13
with the information required by the regulations concerning each 14
notifiable vehicle that the auto-dismantler intends to demolish or 15
dismantle (anywhere in Australia) in the course of the business 16
carried on by the auto-dismantler: 17
(a) within 7 days after the auto-dismantler forms the intention 18
to demolish or dismantle the vehicle, or 19
(b) within any other time prescribed by the regulations. 20
(4) Despite subsection (3), the information must be provided before 21
the part of the vehicle to which the vehicle identifier is attached 22
is sold or otherwise disposed of. 23
(5) A person (other than an insurer) is not guilty of an offence against 24
this section in respect of a failure to provide information 25
concerning a notifiable vehicle if the person satisfies the court 26
that the person believed, on reasonable grounds, that the required 27
information concerning the vehicle had already been provided to 28
the Authority by another person under this section. 29
Maximum penalty: 20 penalty units. 30
16M Maintenance of records 31
(1) An assessor must maintain, and keep for at least 7 years, the 32
following records in relation to each vehicle damage assessment 33
made by or on behalf of the assessor: 34
(a) the records required by the regulations, 35
(b) any other records that the Authority, by notice in writing, 36
requires the assessor to maintain. 37
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(2) An authorised officer may, for the purposes of determining 1
whether this Part has been complied with, direct in writing any 2
person to produce any records required to be maintained under 3
this Division. 4
(3) A person must comply with such a direction within the time 5
specified in the direction. 6
Maximum penalty: 20 penalty units. 7
16N False assessments 8
A person must not induce, attempt to influence, or coerce the 9
making of a false vehicle damage assessment or a vehicle damage 10
assessment that does not comply with this Part. 11
Maximum penalty: 12
(a) in the case of a corporation, 250 penalty units for a first 13
offence or 500 penalty units for a second or subsequent 14
offence, or 15
(b) in any other case, 50 penalty units for a first offence or 16
100 penalty units for a second or subsequent offence. 17
16O Removal of vehicle identifiers 18
An assessor must ensure that reasonable steps are taken to 19
remove, deface, obliterate or destroy the vehicle identifier on any 20
part of a vehicle that has been assessed as being a total loss by or 21
on behalf of the assessor, if required to do so: 22
(a) by the regulations, or 23
(b) by notice in writing served on the assessor by the 24
Authority. 25
Maximum penalty: 20 penalty units. 26
16P Duty to attach written-off warning label to written-off vehicles 27
(1) An assessor must ensure that a written-off warning label is 28
attached, in accordance with the regulations, at all times to any 29
vehicle in the person's possession or control that has been 30
assessed as being a total loss: 31
(a) to the part of the vehicle to which the vehicle identifier is 32
attached (in the case of a dismantled vehicle), or 33
(b) to the vehicle (in any other case). 34
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(2) The label must be attached within the period in which the 1
information must be provided to the Authority about the vehicle 2
under section 16L. 3
Maximum penalty: 20 penalty units. 4
Division 4 General 5
16Q Certificates of compliance 6
(1) A licensed repairer may issue, in a form approved by the 7
Authority, a certificate of compliance in relation to a vehicle if: 8
(a) the repairer's licence is of a class that authorises the 9
repairer to repair the type of vehicle, and the type of 10
vehicle damage, the subject of certification, and 11
(b) the licensed repairer is satisfied that the standard of repairs, 12
and the repair methods used, are in accordance with the 13
requirements adopted by or set out in the regulations. 14
(2) A licensed repairer must not issue a certificate of compliance that 15
he or she knows, or ought reasonably to know, is false or 16
misleading in a material particular. 17
Maximum penalty: 20 penalty units. 18
(3) A person must not attempt to obtain a certificate of compliance 19
by a false or misleading statement or any misrepresentation or 20
other dishonest means. 21
Maximum penalty: 20 penalty units. 22
(4) The Authority may do any of the following in respect of a vehicle 23
that is the subject of a certificate of compliance referred to in 24
subsection (2) or (3): 25
(a) amend the register of written-off vehicles accordingly, 26
(b) suspend the registration of the vehicle, 27
(c) refuse to transfer the registration of the vehicle, 28
(d) cancel the registration of the vehicle. 29
(5) The Authority must not cancel the registration of a vehicle unless 30
it has first given the registered operator of the vehicle at least 31
14 days' notice of the proposed cancellation. 32
(6) A person who is not a licensed repairer must not purport to issue 33
a certificate of compliance or advertise that the person is willing 34
to issue a certificate of compliance. 35
Maximum penalty: 1,000 penalty units. 36
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Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
16R Access to register of written-off vehicles 1
(1) The Authority is not to provide access to the register of 2
written-off vehicles except as provided by this section. 3
(2) The Authority may allow the following to have access to the 4
register: 5
(a) a government department, a public authority, a local 6
authority or the NSW Police Force, 7
(b) a government department, a public authority, a local 8
authority or the police force of another State, a Territory or 9
the Commonwealth, 10
(c) Austroads, but only for the purpose of its national database 11
of written-off vehicles and information about them, 12
(d) an insurer, self-insurer, auto-dismantler or dealer, 13
(e) any other person or body, or class of persons or bodies, 14
prescribed by the regulations. 15
(3) The Authority may provide a person or body with information 16
contained in the register. 17
(4) The Authority may: 18
(a) impose any conditions that the Authority considers 19
appropriate on the provision of access, or the provision of 20
information, under this section, or 21
(b) limit the level of detail to which access is provided under 22
this section as the Authority considers appropriate. 23
16S Interference with register of written-off vehicles 24
A person must not, except as authorised by the Authority: 25
(a) obtain access to the register of written-off vehicles or 26
information contained in the register, or 27
(b) make, alter or delete an entry in the register, or 28
(c) interfere with the register in any other way. 29
Maximum penalty: 250 penalty units. 30
16T Unauthorised disclosure of information 31
A person must not disclose any information obtained in 32
connection with the administration or execution of this Part, 33
except: 34
(a) in connection with the administration or execution of this 35
Act or the regulations, or 36
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(b) for the purposes of Austroads administering a national 1
database of written-off vehicles and information about 2
them and allowing driver licensing and vehicle registration 3
authorities in the other States and Territories to have 4
access to the information in the national database, or 5
(c) for the purposes of any legal proceedings arising out of this 6
Act or the regulations or of any report of such proceedings, 7
or 8
(d) to the Motor Vehicle Repair Industry Authority constituted 9
under the Motor Vehicle Repairs Act 1980 for the purposes 10
of any disciplinary or legal proceedings arising out of that 11
Act or the regulations under that Act, or 12
(e) in the circumstances prescribed by the regulations. 13
Maximum penalty: 20 penalty units. 14
16U Certificate evidence 15
(1) A statement in a certificate purporting to have been issued by an 16
Australian Authority or Australian authorised officer that, at a 17
specified time or during a specified period, a specified vehicle 18
was or was not on the register of written-off vehicles or a register 19
of written-off vehicles (however described) kept under a law of 20
another Australian jurisdiction is admissible as evidence in any 21
legal proceedings and is, until admissible evidence is given to the 22
contrary, evidence of the matter certified. 23
(2) In this section, Australian Authority and Australian authorised 24
officer have the same meaning as in the Road Transport 25
(General) Act 2005. 26
16V Regulations 27
(1) Without limiting section 14, the regulations may make provision 28
for or with respect to the following matters: 29
(a) any matter relating to the registration of written-off 30
vehicles, 31
(b) any matter relating to the issue of authorisations to repair, 32
(c) any matter relating to the making of vehicle damage 33
assessments under this Part, including the conduct or 34
duties of persons making those assessments, 35
(d) any matter relating to the making and keeping of records 36
under this Part and the furnishing of information and 37
records, 38
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1
(e) any matter relating to the issue of certificates of 1
compliance, including the conduct or duties of persons 2
issuing certificates of compliance, 3
(f) any matter relating to written-off warning labels, 4
(g) the disclosure of information obtained in connection with 5
the administration or execution of this Part. 6
(2) The regulations may require any person to provide the Authority 7
with the information prescribed by the regulations concerning 8
any notifiable vehicle that is assessed as being a total loss while 9
in the care, custody or control of the person (anywhere in 10
Australia). 11
(3) The regulations may exempt, with or without conditions, any 12
vehicle, any class of vehicles or any class of persons from the 13
operation of all or any of the provisions of this Part. 14
(4) The regulations may adopt a provision set out in any specified 15
publication. 16
[3] Schedule 3 Savings and transitional provisions 17
Insert at the end of clause 1 (1): 18
Road Transport (Vehicle Registration) Amendment (Written-off 19
Vehicles) Act 2010 20
[4] Schedule 3, Part 5 21
Insert after clause 21: 22
Part 5 Provisions consequent on enactment of 23
Road Transport (Vehicle Registration) 24
Amendment (Written-off Vehicles) Act 2010 25
22 Definition 26
In this Part: 27
commencement day means the day on which Part 2AA of this 28
Act commences. 29
23 Keeping of register of written-off vehicles 30
(1) The register kept under section 255 of the Road Transport 31
(General) Act 2005 immediately before the commencement day 32
is taken to be the register required to be kept under section 16B 33
of this Act. 34
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Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119
(2) As soon as practicable after the commencement day, the 1
Authority must record on the register as statutory written-off 2
vehicles all vehicles that, immediately before that time, were 3
recorded as having the status of being wrecked. 4
(3) A vehicle that, immediately before the commencement day, is 5
registered and is recorded on the register of written-off vehicles 6
as a repairable written-off vehicle is, for the purposes of Part 7
2AA of this Act, taken to be a former written-off vehicle. 8
24 Existing repairable written-off vehicles may be registered without 9
authorisation to repair or certificate of compliance 10
(1) A vehicle is not required to be the subject of an authorisation to 11
repair under section 16C (2) if the vehicle was recorded on the 12
register of written-off vehicles as a repairable written-off vehicle 13
on the commencement day and the vehicle is registered within 14
2 years after that day. Any such vehicle may, during that 15
2-year period, be recorded on the register of written-off vehicles 16
as a repairable written-off vehicle. 17
(2) An application to register a vehicle that was recorded on the 18
register of written-off vehicles as a repairable written-off vehicle 19
on the commencement day is not required to be accompanied by 20
a certificate of compliance under section 16C (2) in relation to the 21
vehicle if the application is lodged with the Authority within 22
6 months after the commencement day. 23
25 Former written-off vehicles may be referred to as repairable 24
written-off vehicles 25
A vehicle that is recorded on the register of written-off vehicles 26
under Part 2AA of this Act as a former written-off vehicle may 27
also be referred to as a repairable written-off vehicle. 28
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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Amendment of Motor Vehicle Repairs Act 1980 No 71 Schedule 2
Schedule 2 Amendment of Motor Vehicle Repairs 1
Act 1980 No 71 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
certification work means work relating to the issue of a 5
certificate of compliance under Part 2AA of the Road Transport 6
(Vehicle Registration) Act 1997. 7
[2] Section 42 Grounds on which a licence holder may be dealt with under 8
this Part 9
Insert after section 42 (1) (d): 10
(d1) that the holder has been convicted of an offence under, or 11
may have failed to comply with, section 16Q of the Road 12
Transport (Vehicle Registration) Act 1997 or the 13
regulations made under Part 2AA of that Act, 14
[3] Section 73 Authority may require information 15
Insert "or certification work" after "repair work" in section 73 (1). 16
[4] Section 73 (3) 17
Insert ", or section 16Q of the Road Transport (Vehicle Registration) Act 18
1997" after "Part 4". 19
[5] Section 75 Power of entry and examination 20
Insert after section 75 (5): 21
(6) A reference in this section to this Act or the regulations includes 22
a reference to Part 2AA of the Road Transport (Vehicle 23
Registration) Act 1997 and the regulations made under that Part. 24
[6] Section 75B Production of records 25
Insert ", or Part 2AA of the Road Transport (Vehicle Registration) Act 1997 26
or the regulations made under that Part" after "regulations" in section 75B (1). 27
[7] Section 77 Disclosure of information 28
Insert after section 77 (b): 29
(b1) to the Roads and Traffic Authority in connection with 30
certification work, 31
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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
Bill 2010
Schedule 3 Amendment of Road Transport (General) Act 2005 No 11
Schedule 3 Amendment of Road Transport (General) 1
Act 2005 No 11 2
[1] Section 10 Regulations 3
Omit section 10 (2) (a). 4
[2] Section 130 Application of Part 5
Insert after section 130 (1) (a): 6
(b) Part 2AA of the Road Transport (Vehicle Registration) Act 7
1997, 8
[3] Section 230 Certificate evidence 9
Omit section 230 (1) (k). 10
[4] Part 6.2 Miscellaneous provisions concerning vehicles and roads 11
Omit Division 2 (Written off and wrecked motor vehicles). 12
[5] Schedule 1 Savings, transitional and other provisions 13
Omit clause 7. 14
Page 18
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