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Identification) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
In particular this Bill:
(a)
requires insurers, auto-dismantlers, dealers and others to provide
information to the Roads and Traffic Authority (the RTA) concerning
written off and wrecked motor vehicles, and
(b)
requires the vehicle identifier on a written off or wrecked motor
vehicle (that is, the chassis number or unique vehicle identification
number) to be removed in certain circumstances (so that it cannot be
used for the purpose of registering a stolen motor vehicle of a similar
kind to the written off or wrecked motor vehicle), and
(c)
allows the RTA to refuse to register a motor vehicle that has the
vehicle identifier of a motor vehicle that has been recorded as written
off or wrecked.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 1.
Schedule 1
Amendments
Schedule 1 [3] inserts new Part 3E in the Traffic Act 1909.
The object of the Part is set out above. (See proposed section 10ZC.)
Proposed sections 10ZD10ZF define expressions used in the new Part.
An auto-dismantler includes a person who carries on the business of
demolishing or dismantling motor vehicles. A dealer includes a person who
carries on the business of buying, selling or exchanging motor vehicles. An
insurer includes a person who carries on the business of insuring motor
vehicles. (See proposed section 10ZD.)
A motor vehicle is wrecked if it is demolished or dismantled or is in some
other condition prescribed by the regulations. (See proposed section 10ZE.)
A motor vehicle is written off if a determination is made by an insurer in
respect of the motor vehicle that it should be written off or should not be
repaired (for example, because it has been stolen or because of the cost of
repairs required to be made to the vehicle) or in other circumstances
prescribed by the regulations. (See proposed section 10ZF.)
The RTA is to keep a register of written off and wrecked vehicles. The
register may include information notified to the RTA under the new Part and
such other information as the RTA considers appropriate. Access to the
register is to be limited to certain specified. people and bodies (for example,
law enforcement agencies). (See proposed section 10ZG.)
Explanatory note page 2
Insurers, auto-dismantlers and dealers will be required to provide to the RTA
the information prescribed by the regulations concerning motor vehicles that
are written off or wrecked. (See proposed sections 10ZH10ZJ.) For
example, the regulations may require the vehicle identifier and information as
to the type of damage (if any) sustained by the motor vehicle. The
requirement to provide information will apply only in respect of late model
motor vehicles (vehicles that are less than 15 years old or of such age as may
be prescribed by the regulations).
The regulations may require other persons to provide information about
written off or wrecked motor vehicles. (See proposed section 10ZK.)
The new Part contains offences for providing false or misleading information
to the Authority (proposed section 10ZL), for obtaining unauthorised access
to or interfering with the register (proposed section 10ZM) and for
unauthorised disclosure of information obtained in connection with the
administration or execution of the provisions (proposed section 10ZN).
An insurer, auto-dismantler, dealer or other person may be required to
remove, obliterate or destroy the vehicle identifier on any part of a motor
vehicle that has been written off or wrecked. This requirement may be made
by the regulations or by the Authority. (See proposed section 1020.)
Schedule l [ l ] and [2] contain amendments that are consequential to this
provision.
The RTA may refuse to register a motor vehicle that has the vehicle identifier
of a motor vehicle that has been noted on the register as being written off or
wrecked. (See proposed section 10ZP.) This will not apply if the RTA is
satisfied that the vehicle has been repaired, restored or recovered or in other
circumstances prescribed by the regulations.
The regulations may provide that the new Part, or specified provisions, do
not apply in respect of any person or motor vehicle or apply only as
specified. (See proposed section 10ZQ.)
The RTA may exempt persons from the operation of the new Part. (See
proposed section 10ZR.)
Proposed section 10ZS contains a general regulation making power for the
purposes of the new Part.
Schedule 1 [4] amends section 12 of the Traffic Act 1909 to allow the RTA to
certify matters contained in the register of written off and wrecked motor
vehicles.
Explanatory note page 3