Transport Accident (Administration of Charges) Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport Accident (Administration of Charges) Regulations 2011 S.R. No. 29/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Prescribed periods 2 6 Prescribed times and intervals 4 7 Refund of transport accident charge 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 29/2011 Transport Accident Act 1986 Transport Accident (Administration of Charges) Regulations 2011 The Governor in Council makes the following Regulations: Dated: 24 May 2011 Responsible Minister: GORDON RICH-PHILLIPS Assistant Treasurer MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe the periods and times or intervals for the payment of transport accident charges in relation to motor vehicles of specified classes. 2 Authorising provision These Regulations are made under section 132 of the Transport Accident Act 1986. 3 Commencement These Regulations come into operation on 28 May 2011. 4 Revocation The Transport Accident (Administration of Charges) Regulations 20011 are revoked. -- 2 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 5 Prescribed periods The following periods are prescribed for the purposes of section 109 of the Transport Accident Act 1986 in relation to motor vehicles of the classes specified— Item Class of motor vehicle Prescribed period 1 Motor vehicles registered under Part 2 of the Road Safety Act 1986 Period of registration 2 Motor vehicles registered in accordance with a national scheme of vehicle registration established under an Act of the Parliament of the Commonwealth or adopted in Victoria by Act or Regulations Period of registration 3 Motor vehicles that under regulation 43 of the Road Safety (Vehicles) Regulations 2009 may be registered for any period less than 12 months Period of registration 4 Motor vehicles conditionally registered as recreation motor cycles 12 months 5 Motor vehicles in possession of, or under the control of, a person to whom a general identification mark has been assigned under regulation 141 of the Road Safety (Vehicles) Regulations 2009 12 months 6 Motor vehicles in respect of which a club permit has been issued under regulation 156 of the Road Safety (Vehicles) Regulations 2009 12 months r. 5 -- 3 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 3 Authorised by the Chief Parliamentary Counsel Item Class of motor vehicle Prescribed period 7 Motor vehicles in respect of which a short term unregistered vehicle permit has been granted under Part 3.2 of Chapter 3 of the Road Safety (Vehicles) Regulations 2009 Period of validity of permit 8 Motor vehicles— (a) that are not registered in accordance with the Road Safety Act 1986 because they are exempt from registration in accordance with Part 2 of the Act or the Road Safety (Vehicles) Regulations 2009 as visiting overseas motor vehicles; and Period commencing on arrival in Victoria and ending on the date the motor vehicle ceases to be entitled to be insured in Victoria (b) whose owners and drivers are not insured under a contract of insurance in accordance with the law of another State or Territory against liability in respect of death or injury to any person caused by or arising out of the use of the motor vehicles in Victoria 9 Motor vehicles that are not registered under the Road Safety Act 1986 and are not otherwise mentioned in this table 12 months r. 5 -- 4 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 6 Prescribed times and intervals The following times or intervals are prescribed for the purposes of section 109 of the Transport Accident Act 1986 in relation to motor vehicles of the classes specified— Item Class of motor vehicle Prescribed times or intervals 1 Motor vehicles registered under Part 2 of the Road Safety Act 1986 On or before registration or renewal of registration 2 Motor vehicles registered in accordance with a national scheme of vehicle registration established under an Act of the Parliament of the Commonwealth or adopted in Victoria by Act or Regulations On or before registration or renewal of registration 3 Motor vehicles that under regulation 43 of the Road Safety (Vehicles) Regulations 2009 may be registered for any period less than 12 months On or before registration or renewal of registration 4 Motor vehicles conditionally registered as recreation motor cycles On or before registration or renewal of registration 5 Motor vehicles in possession of, or under the control of, a person to whom a general identification mark has been assigned under regulation 141 of the Road Safety (Vehicles) Regulations 2009 On or before the issuing or renewal of the general identification mark 6 Motor vehicles in respect of which a club permit has been issued under regulation 156 of the Road Safety (Vehicles) Regulations 2009 On or before the granting or renewal of the permit r. 6 -- 5 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 5 Authorised by the Chief Parliamentary Counsel Item Class of motor vehicle Prescribed times or intervals 7 Motor vehicles in respect of which a short term unregistered vehicle permit has been granted under Part 3.2 of Chapter 3 of the Road Safety (Vehicles) Regulations 2009 On or before the granting of the permit 8 Motor vehicles— (a) that are not registered in accordance with the Road Safety Act 1986 because they are exempt from registration in accordance with Part 2 of the Act or the Road Safety (Vehicles) Regulations 2009 as visiting overseas motor vehicles; and (b) whose owners and drivers are not insured under a contract of insurance in accordance with the law of another State or Territory against liability in respect of death or injury to any person caused by or arising out of the use of the motor vehicles in Victoria On or before arrival in Victoria 9 Motor vehicles that are not registered under the Road Safety Act 1986 and are not otherwise mentioned in this table On the date the motor vehicle is acquired and on each anniversary of that date r. 6 -- 6 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 6 Authorised by the Chief Parliamentary Counsel 7 Refund of transport accident charge (1) If the registration of a motor vehicle is cancelled and a transport accident charge is no longer required to be paid in respect of that motor vehicle, the amount of the refund payable to the owner of the motor vehicle for the prescribed period related to that registration is the amount calculated, in accordance with the formula— C B A 100 90 × × where— A is the amount of the transport accident charge paid, including duty payable under the Duties Act 2000 in respect of the prescribed period; B is the number of days remaining in the relevant prescribed period at the time of the cancellation of the registration; C is the number of days in the prescribed period. (2) In subregulation (1), a reference to the registration of a motor vehicle includes registration in accordance with a national scheme of vehicle registration established under an Act of the Parliament of the Commonwealth or adopted in Victoria by Act or Regulations. (3) Subregulation (1) applies to a motor vehicle that is not registered under the Road Safety Act 1986 and in respect of which a transport accident charge has been paid for the prescribed period if the motor vehicle is disposed of or destroyed as though— r. 7 -- 7 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 7 Authorised by the Chief Parliamentary Counsel (a) a reference to the cancellation of registration is a reference to the disposal or destruction of the motor vehicle; and (b) a reference to the registration of the vehicle is a reference to the ownership of the vehicle. ═══════════════ r. 7 -- 8 of 9 -- S.R. No. 29/2011 Transport Accident (Administration of Charges) Regulations 2011 8 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 48/2001. Endnotes -- 9 of 9 --