South Australian Consolidated Acts

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EMERGENCY SERVICES FUNDING ACT 1998 - SECT 26

26—Objection to classification of vehicle

        (1)         A person who is liable to pay a levy in respect of a vehicle may object to the classification of the vehicle by the Minister.

        (2)         The objection must—

            (a)         be in writing; and

            (b)         set out—

                  (i)         the grounds of the objection; and

                  (ii)         the classification that is, in the objector's opinion, the correct classification of the vehicle; and

            (c)         be served on the Minister.

        (3)         The Minister may decide any such objection as he or she thinks fit and must notify the objector in writing of his or her decision and the reasons for it.

        (4)         If the objector is dissatisfied with the Minister's decision, he or she may appeal against the decision to the Administrative and Disciplinary Division of the District Court.

        (5)         Except as provided by this section, the classification of a vehicle under this Division cannot be challenged.

        (6)         An objection under this section does not affect the requirement that the levy must be paid at the time of the application for the registration, or renewal of registration, of the vehicle.

        (7)         If an objection has been served on the Minister before the application for registration or renewal of registration is made and the objection results in the alteration of the classification of the vehicle—

            (a)         any amount overpaid must be refunded;

            (b)         any additional amount payable on account of the reclassification may be recovered as unpaid levy (but action to recover any such amount must not be taken until at least 30 days have expired from the date on which notification of the alteration is given to the person who initiated the objection);

            (c)         interest accrues on an amount to be refunded under paragraph (a) and on an unpaid amount referred to in paragraph (b) in accordance with the regulations.



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