Road Safety (Vehicles) (Amendment) Regulations 2002

i Road Safety (Vehicles) (Amendment) Regulations 2002 S.R. No. 113/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Update of reference to Duties Act 2000 2 6. Removal of references to stamp duty 2 7. Definitions 2 8. Obligations of disposers 2 9. Obligations of acquirers 4 10. Fees for transfer of registration 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2002 S.R. No. 113/2002 Road Safety Act 1986 Road Safety (Vehicles) (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 29 October 2002 Responsible Minister: PETER BATCHELOR Minister for Transport HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 1999 to make further provision for the transfer of the registration of vehicles. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement These Regulations come into operation on 30 October 2002. 4. Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 1999 1 are called the Principal Regulations. -- 2 of 7 -- S.R. No. 113/2002 Road Safety (Vehicles) (Amendment) Regulations 2002 2 5. Update of reference to Duties Act 2000 In regulation 202(1)(b) of the Principal Regulations, for "Stamps Act 1958" substitute "Duties Act 2000". 6. Removal of references to stamp duty In regulations 210(2)(c), 212(c)(i), 232(2)(b) and 245(1)(c) of the Principal Regulations omit "stamp". 7. Definitions In regulation 228(1) of the Principal Regulations— (a) for the definition of "dealer" substitute ' "dealer" means a licensed motor car trader within the meaning of the Motor Car Traders Act 1986;'; (b) insert the following definition— ' "public auction" means an auction that is open to the general public;'. 8. Obligations of disposers (1) After regulation 229(1)(c)(iii) of the Principal Regulations insert— "; or (iv) the vehicle is disposed of by way of sale at public auction by an agent of the disposer.". (2) In regulation 229(2) of the Principal Regulations, for "Subject to sub-regulation (3A), a" substitute "A". (3) In regulation 229(3) of the Principal Regulations— (a) for "Subject to sub-regulation (3A), a" substitute "A"; r. 5 -- 3 of 7 -- S.R. No. 113/2002 Road Safety (Vehicles) (Amendment) Regulations 2002 3 (b) for paragraph (b) substitute— "(b) any applicable duty; and (ba) any appropriate transfer fee payable in respect of the disposal of the vehicle; and". (4) In regulation 229 of the Principal Regulations, for sub-regulation (3A) substitute— "(3A) Sub-regulation (2) does not apply to a dealer on whose behalf an agent disposes, by way of sale at public auction, of a registered vehicle of the dealer to a person who is not a dealer. (3B) Sub-regulation (3) does not apply to a dealer on whose behalf an agent disposes, by way of sale at public auction, of a registered vehicle of the dealer to a person who is not a dealer if the person who acquires the vehicle is given, before or at the time the vehicle is sold, notice to the effect that— (a) the person selling the vehicle is acting as an agent on behalf of that dealer; and (b) the person acquiring the vehicle must, within 14 days of acquiring the vehicle, lodge with the Corporation— (i) a completed and signed application for transfer of registration (as required by regulation 230(1)); and (ii) evidence satisfactory to the Corporation that a current certificate of roadworthiness has been obtained in respect of that vehicle (as required by regulation 230(1)(c)(i)); and r. 8 -- 4 of 7 -- S.R. No. 113/2002 Road Safety (Vehicles) (Amendment) Regulations 2002 4 (iii) any applicable duty and the appropriate fee for transfer of registration of that vehicle (as required by regulation 230(1)(c)(ii)). (3C) If— (a) a registered vehicle of a dealer is sold on the dealer's behalf by an agent of the dealer by way of sale at public auction; and (b) the person who acquires that vehicle is given, before or at the time the vehicle is sold, a notice of the kind referred to in sub-regulation (3B)— the dealer must comply with sub-regulation (1)(a) and (b) and not sub-regulation (1)(c).". (5) In regulation 229(4) of the Principal Regulations, for "and (3A)" substitute ", (3A), (3B) and (3C)". 9. Obligations of acquirers (1) In regulation 230(1)(c)(ii) of the Principal Regulations omit "stamp". (2) In regulation 230(3A) of the Principal Regulations, for "has given notice under regulation 229(3A)" substitute "is given notice of the kind referred to in regulation 229(3B)". (3) In regulation 230(4) of the Principal Regulations— (a) for "has given notice under regulation 229(3A)" substitute "is given notice of the kind referred to in regulation 229(3B)"; and (b) in paragraph (b), for "give to the dealer" substitute "pay to the dealer the applicable duty and". r. 9 -- 5 of 7 -- S.R. No. 113/2002 Road Safety (Vehicles) (Amendment) Regulations 2002 5 (4) In regulation 230(6)(b) of the Principal Regulations omit "stamp". 10. Fees for transfer of registration In regulation 237(1)(a) of the Principal Regulations, for "used car dealer registered under Subdivision (16) of Division 3 of Part II of the Stamps Act 1958" substitute "dealer within the meaning of regulation 228(1)". ═══════════════ r. 10 -- 6 of 7 -- S.R. No. 113/2002 Road Safety (Vehicles) (Amendment) Regulations 2002 6 ENDNOTES 1 Reg. 4: S.R. No. 29/1999. Reprint No. 1 as at 21 December 2001 incorporating amendments up to S.R. No. 146/1999. Subsequently affected by S.R. No. 59/2000 and amended by S.R. Nos 58/2000, 83/2001 and 29/2002. Endnotes -- 7 of 7 --