MOTOR VEHICLES ACT 1959 - SECT 41

MOTOR VEHICLES ACT 1959 - SECT 41

41—Misuse of vehicles registered at reduced fees or without fees

        (1)         In this section—

"motor vehicle of restricted registration" means a motor vehicle—

            (a)         registered for a period in respect of which no registration fee has been paid; or

            (b)         registered for a period in respect of which only a reduced registration fee has been paid.

        (2)         A person must not use or keep a motor vehicle of restricted registration for a purpose or in circumstances contrary to the terms of a statement or undertaking that was made in connection with the application for registration, or transfer of registration, of the vehicle.

Maximum penalty: $750.

        (2a)         A person must not contravene or fail to comply with a condition of registration of a motor vehicle under section 25.

Maximum penalty: $750.

        (3)         Where a person has been convicted of an offence under this section, the court may order, in addition to any penalty it may have imposed, that the convicted person pay to the Registrar within a period specified in the order—

            (a)         if the motor vehicle was registered without fee—the whole of the prescribed registration fee that would have been payable in respect of the period of registration during which the offence was committed had the motor vehicle not qualified for restricted registration; or

            (b)         if the motor vehicle was registered at a reduced registration fee—the balance between the fee paid and the prescribed registration fee that would have been payable in respect of the period of registration during which the offence was committed had the motor vehicle not qualified for restricted registration,

together with the stamp duty (if any) that would have been payable by the convicted person upon the application for that period of registration had the motor vehicle not qualified for restricted registration.

        (4)         Upon making an order under subsection (3), the court must notify the Registrar in writing of the terms of the order.

        (5)         Notwithstanding any other provision of this Act, registration fees paid pursuant to an order under subsection (3) are not refundable upon subsequent cancellation of registration.