DUTIES ACT 2000 - SECT 233 Primary producer vehicles
DUTIES ACT 2000 - SECT 233
Primary producer vehicles(1) No duty is chargeable under this Chapter on an application for registration or transfer of registration of a heavy trailer—
(a) registered or to be registered in the name of a primary producer; and
(b) used or to be used solely in the business of the registered operator as a primary producer.
(2) No duty is chargeable under this Chapter on an application for registration or transfer of registration of a vehicle registered or to be registered in the name of a primary producer used or to be used solely in the business of the applicant for registration or the registered operator as a primary producer, being—
(a) a motor vehicle—
(i) so constructed that its engine is used to drive or operate an agricultural implement forming an integral part of the vehicle; and
(ii) the primary purpose of which is not to carry a load; or
(b) a tractor with an MRC of 4·5 tonnes or less; or
S. 233(2)(c) substituted by No. 26/2015 s. 10(1).
(c) a special work vehicle.
(3) No duty is chargeable under this Chapter on an application for registration or transfer of registration of a vehicle registered or to be registered in the name of a primary producer used or to be used for travelling within a radius of 25 kilometres from the registered operator's residence or residential address for the purpose of working the land of another primary producer, being—
(a) a motor vehicle—
(i) so constructed that its engine is used to drive or operate an agricultural implement forming an integral part of the vehicle; and
(ii) the primary purpose of which is not to carry a load; or
(b) a tractor with an MRC of 4·5 tonnes or less; or
S. 233(3)(c) substituted by No. 26/2015 s. 10(2).
(c) a special work vehicle.
S. 233(4) amended by No. 26/2015 s. 10(3).
(4) No duty is chargeable under this Chapter on an application for registration or transfer of registration of a special purpose vehicle (type O) as defined in clause 1 of Schedule 1 that is—
(a) conditionally registered or to be registered in the name of a primary producer to operate on a highway at any distance from the registered operator's residence or residential address; and
(b) used or to be used solely in the business of the registered operator as a primary producer.
(5) In this section—
S. 233(5) def. of agricultural implement substituted by No. 26/2015 s. 10(4)(b).
"agricultural implement" means—
(a) a vehicle without its own motive power, not designed to carry a load and used exclusively to perform agricultural tasks; or
(b) an agricultural trailer;
S. 233(5) def. of agricultural task inserted by No. 26/2015 s. 10(4)(a).
"agricultural task" includes cultivation of land, growing and harvesting of crops and rearing of livestock;
S. 233(5) def. of agricultural trailer inserted by No. 26/2015 s. 10(4)(a).
"agricultural trailer" means a trailer designed to carry a load and used exclusively to perform agricultural tasks, but does not include—
(a) a semi-trailer; or
(b) a trailer (other than a trailer specifically constructed to carry a boat) that—
(i) is not used in the course of trade; and
(ii) weighs less than 200 kilograms unladen; and
(iii) does not exceed in width the width of its towing vehicle as produced by the manufacturer; and
(iv) is not more than 3·0 metres long, including the part of the trailer that connects the trailer body to a coupling for towing purposes and any load;
"load", in relation to a vehicle, includes anything that is normally removed from the vehicle when not in use;
S. 233(5) def. of primary producer amended by No. 26/2015 s. 10(4)(c), repealed by No. 17/2019 s. 19.
* * * * *
S. 233(5) def. of primary producer special vehicle repealed by No. 26/2015 s. 10(4)(d).
* * * * *
S. 233(5) def. of residential address amended by No. 26/2015 s. 10(4)(e).
"residential address", in relation to a company or other body corporate, means its registered office or any place recorded in the register as its residential address or business address;
S. 233(5) def. of semi-trailer inserted by No. 26/2015 s. 10(4)(a).
"semi-trailer" has the same meaning as in the Road Safety Act 1986 ;
S. 233(5) def. of special work vehicle inserted by No. 26/2015 s. 10(4)(a).
"special work vehicle" means a motor vehicle—
(a) with an MRC not exceeding 4·5 tonnes and that is not constructed as a tractor; and
(b) that is primarily constructed and used for off-road transportation; and
(c) that is undertaking agricultural maintenance or service tasks; and
(d) that does not comply with an Australian Design Rule;
S. 233(5) def. of trailer inserted by No. 26/2015 s. 10(4)(a).
"trailer" has the same meaning as in the Road Safety Act 1986 .
S. 233AA inserted by No. 26/2015 s. 11.