New South Wales Consolidated Acts

ROAD TRANSPORT (VEHICLE REGISTRATION) ACT 1997 - SECT 14

14 Regulations

(cf Cth Act ss 16 and 24 (2) and (3))

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The regulations may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any publication (including any Act or regulation of the Commonwealth) as in force from time to time.

Note: Section 42 (1) of the Interpretation Act 1987 provides that if an Act authorises or requires provision to be made for or with respect to any matter by a statutory rule, such a rule may make provision for or with respect to that matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or of any other publication, whether of the same or of a different kind.
However, section 69 of that Act ensures that a reference to any such publication is to be read as a reference to the publication as in force on the day the Act or instrument takes effect unless the Act or instrument provides for the application, adoption or incorporation of the publication as in force from time to time.

(3) Without limiting the scope of this section, section 15 or section 15A, the regulations may make provision for or with respect to the same kinds of matters concerning registration, the use of registered and unregistered vehicles, number-plates, vehicle standards and inspections in respect of which regulations could have been made under section 3 (1) of the Traffic Act 1909 , as in force immediately before its amendment by this Act.

(4) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.

(5) The regulations may provide for the day on which the service of any notice or other document under this Act or the regulations is to be taken to have been effected.

(6) The regulations may provide for the inclusion of an additional fee in respect of the lodging of any late application in respect of the renewal or transfer of registration and for when the Authority may waive that fee.

(7) A regulation may impose a fee in respect of the registration or inspection of a registrable vehicle despite the fact that the fee may also comprise a tax.