EMERGENCY SERVICES FUNDING ACT 1998 - SECT 26
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) An objector who is
dissatisfied with the Minister's decision may apply to the Tribunal under
section 34 of the South Australian Civil and Administrative Tribunal
Act 2013 for a review of the Minister's decision.
(4a) An application
for review must be made within 21 days after notification of the
Minister's decision to the objector.
(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.