Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
218 Offences—transferring or disposing of licensed vehicles other than through business transfer
(1) This section applies in relation to the transfer of possession, or any other action for disposal, of a licensed vehicle (the disposed vehicle ), other than through a business transfer.
(2) The person holding the licence for the disposed vehicle must, within 21 days after the day of transfer or disposal, give the licensing authority written notice of the transfer or disposal (the written notice ).
Maximum penalty: 10 penalty units.
(3) If the licence for the disposed vehicle also relates to another vehicle, the person holding the licence for the disposed vehicle must attach the licence to the written notice.
Maximum penalty: 10 penalty units.
(4) If the licence for the disposed vehicle does not also relate to another vehicle, the person holding the licence for the disposed vehicle—
(a) must attach the licence to the written notice; or
(b) must—
(i) destroy the licence; and
(ii) if requested by the licensing authority—give the authority sufficient evidence that shows the licence has been destroyed.
Maximum penalty: 10 penalty units.
(5) If the licensing authority receives a licence for a disposed vehicle, the authority must—
(a) if the licence also relates to another vehicle—
(i) amend the licence by omitting the reference to the disposed vehicle; and
(ii) return the licence to the person who gives the licence to the authority; and
(b) in any other case—cancel the licence.
(6) An offence against this section is a strict liability offence.
(7) In this section:
"business transfer", in relation to the transfer or disposal of a licensed vehicle, means a transfer of the vehicle's title as part of a transfer in ownership of the business in which the vehicle is used and is continued to be used.
218A Offence—transferring licensed vehicles through business transfer
(1) This section applies in relation to the transfer of a vehicle—
(a) for which a dangerous goods vehicle licence is granted; and
(b) through a business transfer.
(2) The person to whom the vehicle is transferred must, within 21 days after the day the vehicle is transferred—
(a) apply to the licensing authority for the transfer of the licence to the person; and
(b) give the authority the licence; and
(c) pay the fee prescribed for the application.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
(4) If the licensing authority receives an application with the licence and fee under subsection (2), the authority must—
(a) amend the licence to record the change in the holder of the licence; and
(b) return the amended licence to the new holder of the licence.
(5) However, subsection (4) does not apply if the person to whom the licence is to be transferred is not eligible to hold the licence.
(6) In this section:
"business transfer"—see section 218 (7).