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MOTOR VEHICLES ACT 1959 - SECT 57

MOTOR VEHICLES ACT 1959 - SECT 57

57—Duty of transferee on transfer of vehicle

        (1)         If the ownership of a motor vehicle is transferred not later than 14 days before the expiration of the registration of the vehicle, the transferee must, within 7 days after the transfer, sign a notice under section 56(b)(i)(B).

Maximum penalty: $1 250.

        (2)         If—

            (a)         the ownership of a motor vehicle is transferred not later than 14 days before the expiration of the registration of the vehicle; and

            (b)         an application to cancel the registration is not lodged with the Registrar within 7 days after the transfer,

the transferee must, within 14 days after the transfer—

            (c)         lodge with the Registrar

                  (i)         an application to transfer the registration of the vehicle; and

                  (ii)         the prescribed documents in respect of the vehicle; and

            (d)         pay the prescribed fee for the transfer; and

            (e)         pay the stamp duty (if any) payable on the application.

Maximum penalty: $1 250.

        (2a)         If the transferee fails to lodge an application required under subsection (2) within 14 days after the transfer of the vehicle, the Registrar may refuse to enter into any transaction with the transferee until such an application has been lodged.

        (3)         If—

            (a)         the transferee fails to lodge an application required under subsection (2) within 14 days after the transfer of the vehicle; and

            (b)         the transferee

                  (i)         lodges the application after the expiration of that period; or

                  (ii)         lodges an application to register the vehicle,

the Registrar may charge, in addition to the fee prescribed under this Act for the transfer of registration, a late payment fee determined in accordance with the regulations.

        (4)         The Registrar may, if satisfied that reasonable cause exists for doing so, extend the time for lodging an application for transfer of registration.

        (5)         An application for the transfer of the registration of a motor vehicle must—

            (a)         be made in a manner and form determined by the Minister; and

            (b)         state correctly the following particulars:

                  (i)         the full name of the new owner of the vehicle;

                  (ii)         if the new owner of the vehicle is a natural person—the address at which the new owner is ordinarily resident;

                  (iii)         if the new owner of the vehicle is a body corporate—the address of the principal place of business in this State of the body corporate;

                  (iv)         the full name of the operator of the vehicle (whether or not that person is the new owner or one of the new owners of the vehicle);

                  (v)         if the operator is not the new owner or one of the new owners of the vehicle and is a natural person—the address at which that person is ordinarily resident;

                  (vi)         if the operator is not the new owner or one of the new owners of the vehicle and is a body corporate—the address of the principal place of business in this State of the body corporate;

                  (vii)         the garage address of the vehicle;

                  (viii)         in the case of an application for transfer of registration of a heavy vehicle—the configuration of the vehicle for the unexpired period of registration.

        (6)         If application is made for the transfer of registration of a motor vehicle that has been taken on hire, the Registrar may dispense with—

            (a)         the requirement that the application state the name and address of any new owner of the vehicle other than the person who has taken the vehicle on hire; or

            (b)         the requirement that the application state the name and address of the person who has taken the vehicle on hire,

as the Registrar thinks fit.

        (7)         If an application for transfer of registration of a motor vehicle falsely states the name of the new owner or of the operator of the vehicle, any registration of the vehicle in the name of the transferee pursuant to that application is void and of no effect.

        (8)         An application cannot be made or granted for—

            (a)         a person under the age of 18 years to be registered as the new owner or the operator of a heavy vehicle; or

            (b)         a person under the age of 16 years to be registered as the new owner or the operator of a motor vehicle other than a heavy vehicle; or

            (c)         a garage address outside this State to be registered as a motor vehicle's garage address.