New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 16

16 Determination of appeals against certain registration decisions

(1) The Local Court must hear and determine an appeal made to it under clause 15 and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.

(2) For the purposes of varying a decision of the Authority under subclause (1), the Court may exercise only such powers as the Authority could have exercised under the vehicle registration law when making that decision.

(3) The decision of the Local Court in respect of an appeal made under clause 15 is final and binding on the appellant and on the Authority.

(4) Despite clause 16 (2), the Court may, in determining an appeal against the suspension of registration of a motor vehicle under section 219A of the Act, take into account whether or not the registered operator of the motor vehicle:

(a) knew, or could reasonably be expected to have known, that the motor vehicle had been used or was likely to be used in connection with an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999 , or

(b) knew, or could reasonably be expected to have known, that a suspension warning notice had been given in respect of the vehicle, or

(c) had consented to the use of the vehicle or had taken all reasonable steps to prevent any person using the vehicle without consent.