Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An owner of a
vehicle may apply for the grant, renewal or transfer of a licence for a
vehicle by —
(a)
submitting an application in a form approved by the Director General; and
(b)
paying the amount of —
(i)
any fee or charge that would be required by
section 19; and
(ii)
the duty, and any penalty tax, payable under the Duties
Act 2008 on the grant or transfer of the licence.
(1a) On the payment
of —
(a) a
sum ordered under section 24(3) to be paid; or
(b) a
sum specified under section 102(2a) in a traffic infringement notice,
an application for a
transfer under subsection (1) is to be taken to have been made, and the
payment is to be taken to have been a payment under subsection (1)(b).
(2) Upon an
application under subsection (1), the Director General shall, subject to
the regulations, issue, renew or transfer a licence for a vehicle
if —
(a) the
vehicle meets the prescribed standards and requirements and is otherwise fit
for the purpose for which the licence is required;
(b) in
the case of an application by an individual, the applicant has attained any
minimum age prescribed by regulations under section 111(2)(i) and
provided any proof of age and identity required by those regulations;
(c) the
applicant has complied with any applicable provisions of the
Duties Act 2008 relating to the grant or transfer of licences for
vehicles;
(d) the
Director General is satisfied that —
(i)
the vehicle is kept primarily in this State; or
(ii)
the vehicle is not kept primarily in any State or
Territory;
and
(e) the
applicant would not be prevented by or under the law of another State or a
Territory from holding a licence for, or being registered in respect of, the
vehicle.
(3) A vehicle cannot
be licensed in the name of more than one person at a particular time.
(4) Any one of 2 or
more owners may apply for the grant or transfer of a licence and the
application is to be signed by each of them.
(5) An application
under subsection (4) is to be regarded as notice of the nomination of the
applicant for the purposes of section 5(4).
(6) Nothing in this
section authorises or permits the Director General to grant or renew a vehicle
licence contrary to any provision of the Motor
Vehicle (Third Party Insurance) Act 1943 or any other provision of this
Act or the regulations.
(7) The Director
General shall refund any amount paid by a person in connection
with —
(a) an
application under this section that is refused; or
(b) an
application for the transfer of a licence upon which the licence is not
transferred but cancelled.
[Section 17 inserted by No. 39 of 2000
s. 9 (as amended by No. 45 of 2002 s. 28(2)); amended by No. 28
of 2001 s. 8 and 23(1) (as amended by No. 45 of 2002 s. 29(2)); No.
12 of 2008 s. 52.]