MOTOR VEHICLES ACT 1959 - SECT 58
MOTOR VEHICLES ACT 1959 - SECT 58
58—Transfer of registration
(1) When the
prescribed documents in respect of a motor vehicle and an application to
transfer the registration are lodged with the Registrar and the prescribed
transfer fee and the stamp duty (if any) payable on the application paid,
the Registrar must, subject to this Act, register the vehicle in the name of
the transferee for the balance of the period of registration.
(2) The Registrar may
require a person applying for transfer of the registration of a motor vehicle
to provide satisfactory evidence by statutory declaration or other means as to
any matter in relation to which information is required to be disclosed in the
application.
(3) The Registrar may
refuse to transfer the registration of 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.
(4) The Registrar may
refuse to transfer the registration of the 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.
(5) The Registrar must
refuse to transfer the registration of 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.
(6) The Registrar may
refuse to transfer the registration of 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.