MOTOR VEHICLES ACT 1959 - SECT 24
MOTOR VEHICLES ACT 1959 - SECT 24
24—Duty to grant registration
(1) On application
duly made and payment of the prescribed fee, the appropriate
insurance premium, the appropriate LSS Fund levy and the stamp duty (if
any) payable on the application, the Registrar must, subject to this
Act—
(a)
register the motor vehicle in the register of motor vehicles—
(A) in the case of a
heavy vehicle—12 months or 1, 2 or 3 quarters; or
(B) in any other case—12 months
or 1 quarter; or
(ii)
where the Registrar considers it necessary to do so to
achieve a common day of expiry of the registration of a number of
motor vehicles (being a number that equals or exceeds a number to be
determined by the Registrar)—for a period expiring on a day fixed by
the Registrar or nominated by the applicant in the application as a common day
of expiry in relation to those motor vehicles; or
(iii)
where the Registrar considers it appropriate in the
circumstances to register the vehicle for some other period nominated by the
applicant in the application—for that nominated period,
at the option of the applicant; and
(b)
record in the register of motor vehicles as the owner of the vehicle the
person stated in the application to be the owner of the vehicle and as the
operator of the vehicle the person stated in the application to be the
operator of the vehicle.
(1a) Despite
subsection (1), the Registrar may register a motor vehicle for a period
less than a period referred to in subsection (1)(a)(i) where the
registration of the vehicle has been cancelled and application for
registration is being made before the day on which the previous registration
would, but for cancellation, have expired.
(1b) The registration
of a motor vehicle may be renewed despite the expiry of the previous
registration provided that—
(a) the
person stated in the application for renewal to be the owner of the vehicle is
the person last recorded in the register of motor vehicles as the owner of the
vehicle; and
(b) the
application for renewal is made—
(i)
in the case of an application for renewal of registration
for a period referred to in subsection (1)(a)(i) or (ii)—within 90
days after the expiry of the previous registration; or
(ii)
in any other case—within 12 months after the expiry
of the previous registration.
(1c) Notwithstanding
the renewal of the registration of a motor vehicle pursuant to
subsection (1b), the vehicle is not, for the purposes of this Act, to be
taken as registered during the period between expiry of the previous
registration and that renewal.
(2) The Registrar may
refuse to register a motor vehicle pending investigations (which may include
examination of the vehicle)—
(a) to
verify any information disclosed in the application or any evidence provided
by the applicant in response to any requirement of the Registrar under this
Act; or
(b) to
ascertain whether—
(i)
the vehicle complies with an Act or law that regulates
the design, construction or maintenance of such a vehicle; or
(ii)
the vehicle would, if driven on a road, put the safety of
persons using the road at risk; or
(iii)
the vehicle or part of the vehicle is or may be stolen.
(3) The Registrar may
refuse to register a vehicle if—
(a)
the Registrar reasonably believes that information disclosed in the
application or any evidence provided by the applicant in response to a
requirement of the Registrar under this Act is or may be inaccurate,
incomplete or misleading; or
(b) the
vehicle—
(i)
does not comply with an Act or law that regulates the
design, construction or maintenance of such a vehicle; or
(ii)
would, if driven on a road, put the safety of persons
using the road at risk; or
(c)
the Registrar reasonably believes that the vehicle or part of the vehicle is
or may be stolen; or
(ca) the
vehicle is of a class prescribed for the purposes of this section; or
(d)
registration of the vehicle in another State or Territory of the Commonwealth
has been cancelled or suspended for reasons that still exist; or
(e)
there are unpaid fines or pecuniary penalties arising out of the use of the
vehicle in another State or Territory of the Commonwealth.
(4) The Registrar must
refuse to register a vehicle if—
(a) the
vehicle is a vehicle of a class prescribed for the purposes of
section 139(1)(c); and
(b) the
vehicle has been examined under section 139; and
(c)
the Registrar reasonably believes that because the vehicle does not comply
with an Act or law that regulates the design, construction or maintenance of
such a vehicle, the vehicle would, if driven on a road, put the safety of
persons using the road at risk.
(5) The Registrar may
refuse to register a motor vehicle if the Registrar has made a decision under
section 71C in relation to the vehicle and the reasons for that decision
still exist.