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Transport Accident (Administration of Charges) Regulations 2001

Legislation · Victoria · 2020
i Transport Accident (Administration of Charges) Regulations 2001 S.R. No. 48/2001 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Revocation of Transport Accident (Charges) Regulations 1986 2 5. Prescribed periods 2 6. Prescribed times and intervals 4 7. Refund of Transport Accident Charge 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2001 S.R. No. 48/2001 Transport Accident Act 1986 Transport Accident (Administration of Charges) Regulations 2001 The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council makes the following Regulations: Dated: 29 May 2001 Responsible Minister: BOB CAMERON Minister for WorkCover HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe the periods and times or intervals for the payment of transport accident charges in relation to motor vehicles of specified classes; and (b) to revoke the Transport Accident (Charges) Regulations 1986. 2. Authorising provision These Regulations are made under section 132 of the Transport Accident Act 1986. 3. Commencement -- 2 of 9 -- S.R. No. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 2 These Regulations come into operation on 1 July 2001. 4. Revocation of Transport Accident (Charges) Regulations 1986 The Transport Accident (Charges) Regulations 19861 are revoked. 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 219 of the Road Safety (Vehicles) Regulations 1999 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 12 months r. 3 -- 3 of 9 -- S.R. No. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 3 Item Class of motor vehicle Prescribed period identification mark has been assigned under regulation 305 of the Road Safety (Vehicles) Regulations 1999 6. Motor vehicles in respect of which a club permit has been granted under regulation 309 of the Road Safety (Vehicles) Regulations 1999 12 months 7. Motor vehicles in respect of which a short term unregistered vehicle permit has been granted under regulation 302 of the Road Safety (Vehicles) Regulations 1999 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 1999 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 Item Class of motor vehicle Prescribed period arising out of the use of r. 5 -- 4 of 9 -- S.R. No. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 4 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 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 219 of the Road Safety (Vehicles) Regulations 1999 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 305 On or before the issuing or renewal of the general identification r. 6 -- 5 of 9 -- S.R. No. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 5 Item Class of motor vehicle Prescribed times or intervals of the Road Safety (Vehicles) Regulations 1999 mark 6. Motor vehicles in respect of which a club permit has been granted under regulation 309 of the Road Safety (Vehicles) Regulations 1999 On or before the granting or renewal of the permit 7. Motor vehicles in respect of which a short term unregistered vehicle permit has been granted under regulation 302 of the Road Safety (Vehicles) Regulations 1999 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 1999 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 On or before arrival in Victoria Item Class of motor vehicle Prescribed times or intervals arising out of the use of the motor vehicles in Victoria r. 6 -- 6 of 9 -- S.R. No. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 6 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 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 sub-regulation (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) Sub-regulation (1) applies to a motor vehicle that is not registered under the Road Safety Act 1986 and in respect of which a transport accident r. 7 -- 7 of 9 -- S.R. No. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 7 charge has been paid for the prescribed period if the motor vehicle is disposed of or destroyed as though— (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. 48/2001 Transport Accident (Administration of Charges) Regulations 2001 8 ENDNOTES 1 Reg. 4: S.R. No. 358/1986. Reprint No. 3 as at 19 January 1999 and subsequently amended by S.R. No. 66/1999. Endnotes -- 9 of 9 --