ROAD TRAFFIC ACT 1961 - SECT 145
ROAD TRAFFIC ACT 1961 - SECT 145
(1) In this
section—
"defect notice" means a notice issued under subsection (5);
"repairs" means repairs, replacements, reconditioning, additions, adjustments
or work of any kind for remedying deficiencies or defects;
"safety risk" means a risk—
(a) to
public safety; or
(b) of
harm to the environment;
"vehicle" means a light vehicle;
"vehicle registration authority" means the Registrar of Motor Vehicles or the
corresponding authority of another State or a Territory of the Commonwealth.
(1aa) For the purposes
of this section, a vehicle has
"deficiencies" if the vehicle is in a condition such that there would be a
breach of a light vehicle standards or maintenance requirement if the vehicle
were driven on a road.
(1a) An authorised
officer may direct the driver of a vehicle to stop the vehicle and may examine
the vehicle if the vehicle has deficiencies or the officer suspects on
reasonable grounds that the vehicle has deficiencies.
(1b) Despite
subsection (1a), an authorised officer may direct the driver of a vehicle
of a prescribed class to stop the vehicle and may examine the vehicle for the
purposes of determining whether the vehicle has deficiencies (whether or not
there is reason to suspect that the vehicle has deficiencies).
(2) If an
authorised officer suspects on reasonable grounds that a vehicle has
deficiencies, the officer may direct the owner, the operator or the person in
charge of the vehicle to produce it for examination at a specified time and
place.
(2a) An
authorised officer may, at any time when any premises where vehicles are
exhibited or kept for sale or hire are open for business, for the purposes of
determining whether a vehicle exhibited or kept for sale or hire on those
premises has deficiencies, examine the vehicle or direct the owner, the
operator or the person in charge of the vehicle to produce it for examination
at a time and place stated by the authorised officer.
(3) A person must
comply with a direction given under this section.
(4) An
authorised officer may for the purposes of examining a vehicle under this
section—
(a)
cause the vehicle to be examined by any other person; and
(b)
drive or test, or cause any other person to drive or test, the vehicle.
(4a) If, on
examination of a vehicle, an authorised officer is of the opinion that the
vehicle has deficiencies but that further use of the vehicle on roads would
not give rise to a safety risk, the officer may issue a formal written warning
to the driver of the vehicle or, if the vehicle is unattended, cause a formal
written warning to be affixed to the vehicle.
(4b) A driver of a
vehicle who is given a formal written warning must cause the warning to be
sent to the registered operator of the vehicle.
(4c) A formal written
warning must—
(a)
state the date of issue of the warning; and
(b)
identify the authorised officer who issued the warning; and
(c)
identify the vehicle to which the warning relates; and
(d)
state details of the vehicle's deficiencies and the repairs that should be
made to the vehicle to remedy those deficiencies; and
(e)
state such other matters as may be prescribed.
(5) If, on examination
of a vehicle, an authorised officer is of the opinion that the vehicle has
deficiencies and reasonably believes that further use of the vehicle on roads
would give rise to a safety risk, the officer may issue a written
notice (a "defect notice") in relation to the vehicle, being—
(a) if
the officer reasonably believes that further use of the vehicle on roads after
the time specified in the notice would give rise to an imminent and serious
safety risk—a major vehicle defect notice; or
(b) in
any other case—a minor vehicle defect notice.
(5a) An authorised
officer who issues a defect notice in relation to a vehicle must—
(a) give
the defect notice to the driver of the vehicle if the driver is present or, if
the vehicle is unattended, cause the defect notice to be affixed to the
vehicle; and
(b)
cause a defective vehicle label to be affixed to the vehicle; and
(c)
cause a copy of the defect notice to be sent to the Registrar of Motor
Vehicles.
(5b) A driver of a
vehicle who is given a defect notice must cause the defect notice to be sent
to the registered operator of the vehicle.
(5c) A defect notice
must—
(a)
state the date of issue of the notice; and
(b)
identify the authorised officer who issued the notice; and
(c)
identify the vehicle to which the notice relates; and
(d)
state whether the defect notice is a major vehicle defect notice or a minor
vehicle defect notice; and
(e)
state details of the vehicle's deficiencies and the repairs that are required
to be made to the vehicle to remedy those deficiencies; and
(f)
specify the means by which the vehicle must be moved to the place at which the
repairs required by the notice are to be made; and
(g)
direct that the vehicle must not, except as provided in the defect notice,
stand or be driven on a road, or be sold or otherwise disposed of, after the
issue of the defect notice until—
(i)
the vehicle has been produced at a place specified in the
notice for examination; and
(ii)
a certificate (a "clearance certificate") has been issued
by an authorised officer or a vehicle registration authority certifying that
the repairs required by the notice have been made; and
(iii)
an authorised officer or a vehicle registration authority
has caused the defective vehicle label affixed to the vehicle under
subsection (5a) to be defaced or removed from the vehicle; and
(h)
state such other matters as may be prescribed.
(5d) An
authorised officer or a vehicle registration authority may examine a vehicle
for the purpose of determining whether the repairs required by a defect notice
issued in relation to the vehicle (whether issued under this section or under
provisions of a law of another State or a Territory of the Commonwealth that
correspond to this section) have been made and whether the vehicle has any
other deficiencies.
(5e) A defective
vehicle label must—
(a)
state the date of issue of the label; and
(b)
identify the authorised officer who issued the label; and
(c)
state the number allotted to the vehicle under section 46 of the
Motor Vehicles Act 1959 ; and
(d)
state the time and date after which the vehicle must not be used on roads; and
(e)
specify the means by which the vehicle must be moved to the place at which the
repairs required by the defect notice issued in relation to the vehicle are to
be made; and
(f)
state the serial number of the defect notice to which the label relates; and
(g)
state such other matters as may be prescribed.
(5f) A person must
not, without lawful authority, deface, alter or obscure a defective vehicle
label or remove a defective vehicle label from a vehicle to which it is
affixed.
(5g) An
authorised officer—
(a) may
at any time vary or withdraw a defect notice; and
(b) must
cause notice of the withdrawal of a defect notice to be sent to the
Registrar of Motor Vehicles and the registered operator of the vehicle in
relation to which the defect notice was given.
(5h) An
authorised officer who issues a clearance certificate must cause a copy of the
certificate to be sent to the Registrar of Motor Vehicles.
(6) A person must not
drive a vehicle, or cause or permit a vehicle to be driven or to stand, on a
road, or sell or otherwise dispose of a vehicle, contrary to the terms of a
defect notice.
(6a) It is a defence
to a charge under subsection (6) of having sold or otherwise disposed of
a vehicle contrary to the terms of a defect notice if the defendant satisfies
the court that at the time of the sale or disposal the defendant had reason to
believe that the vehicle was not intended to be used on a road after the sale
or disposal.
(7) The
Registrar of Motor Vehicles must—
(a)
record on the register of motor vehicles—
(i)
details of any defect notice issued under this section;
or
(ii)
if a defect notice is issued under provisions of a law of
another State or a Territory of the Commonwealth that correspond to this
section in relation to a vehicle registered in this State—details of
that defect notice;
(b)
remove from the register details of any such notice if the Registrar is
satisfied—
(i)
that a clearance certificate has been issued in respect
of the vehicle in relation to which the defect notice was issued; or
(ii)
that the defect notice has been withdrawn.
(8) The Minister may,
by notice in writing, authorise a person in accordance with the regulations to
exercise any of the powers of an authorised officer under this section
specified in the notice.
(9) An authorisation
issued under subsection (8) may be subject to conditions and may be
revoked at any time.
(10) The Minister may,
for the purposes of this section, establish a code of practice to be observed
by persons authorised under subsection (8).
(11) A person who
contravenes a code of practice established under subsection (10) is
guilty of an offence.
Maximum penalty: $5 000.
(12) The Commissioner
of Police—
(a)
must, on the request of the Minister; and
(b) may,
at any other time,
provide the Minister with such information as may be relevant to the question
of whether a particular person is a fit and proper person to be authorised
under subsection (8).
(13) No liability
attaches to a person authorised to exercise powers under this section for an
honest act or omission in the performance or purported performance of
functions under this section.
(14) A liability that
would, but for subsection (13), attach to a person attaches instead to
the Crown.
(15) If a copy of a
defect notice or clearance certificate is required to be sent to the
Registrar of Motor Vehicles, the notice or certificate may be sent in
electronic form.