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This is a Bill, not an Act. For current law, see the Acts databases.
Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 No , 2010 A Bill for An Act to amend the Road Transport (Vehicle Registration) Act 1997 and other legislation with respect to the notification, registration and management of written-off vehicles; to repeal the Road Transport (General) Amendment (Written-off Vehicles) Act 2007; and for other purposes. Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Clause 1 Bill 2010 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Road Transport (Vehicle Registration) Amendment 3 (Written-off Vehicles) Act 2010. 4 2 Commencement 5 This Act commences on a day or days to be appointed by proclamation. 6 3 Repeal of Road Transport (General) Amendment (Written-off Vehicles) 7 Act 2007 No 52 8 The Road Transport (General) Amendment (Written-off Vehicles) Act 9 2007 is repealed. 10 Page 2 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 Schedule 1 Amendment of Road Transport (Vehicle 1 Registration) Act 1997 No 119 2 [1] Section 4 Definitions 3 Omit the definition of registered. Insert instead: 4 registered, in relation to a registrable vehicle, means registered 5 on the Register of Registrable Vehicles under this Act. 6 [2] Part 2AA 7 Insert after section 16: 8 Part 2AA Written-off vehicles 9 Division 1 Preliminary 10 16A Definitions 11 In this Part: 12 authorisation to repair means an authorisation to repair a 13 written-off vehicle issued by the Authority under this Part. 14 authorised officer has the same meaning as it has in the Road 15 Transport (General) Act 2005. 16 auto-dismantler has the same meaning as it has in the Motor 17 Dealers Act 1974 and includes any other person declared to be an 18 auto-dismantler by the regulations under this Act. 19 certificate of compliance means a certificate of compliance 20 issued by a licensed repairer under this Part. 21 commencement day means the day on which this Part 22 commences. 23 dealer has the same meaning as it has in the Motor Dealers Act 24 1974 and includes any other person declared to be a dealer by the 25 regulations under this Act. 26 former written-off vehicle has the meaning given by 27 section 16B (1). 28 insurer means a person who carries on the business of insuring 29 vehicles and includes any other person declared to be an insurer 30 by the regulations. 31 licensed repairer means a person who holds a licence under the 32 Motor Vehicle Repairs Act 1980. 33 non-repairable damage means damage of a class, or damage 34 caused in circumstances, prescribed by the regulations. 35 Page 3 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 notifiable vehicle--see section 16G. 1 register of written-off vehicles means the register of written-off 2 vehicles kept by the Authority under this Part. 3 self-insurer means any person who, in the course of a business, 4 is the registered operator for 5 or more notifiable vehicles (or any 5 other number of notifiable vehicles that may be prescribed by the 6 regulations) in respect of each of which there is no insurance 7 policy with an insurer covering loss or damage. 8 statutory written-off vehicle has the meaning given by 9 section 16B (1). 10 total loss--see section 16H. 11 vehicle identifier, in relation to a vehicle, means: 12 (a) in the case of a vehicle manufactured before 13 1 January 1989--the number quoted on the compliance 14 plate that uniquely identifies the vehicle and sets it apart 15 from similar vehicles and that corresponds to the 16 identification number of the vehicle that is permanently 17 recorded elsewhere on the vehicle, or 18 (b) in any other case--the unique vehicle identification 19 number (or "VIN") allocated to the vehicle in accordance 20 with the International Standards Organisation's vehicle 21 identification system required under an Australian Design 22 Rule adopted by the regulations. 23 Division 2 Restrictions on registration of certain 24 written-off vehicles 25 16B Register of written-off vehicles 26 (1) The Authority is to keep a register of written-off vehicles that 27 records information about vehicles that the Authority has reason 28 to believe: 29 (a) are written-off vehicles (statutory written-off vehicles), or 30 (b) were previously written-off vehicles but which have since 31 been repaired and then registered (former written-off 32 vehicles). 33 (2) The register is to contain such information and be in such form as 34 the Authority thinks appropriate. 35 (3) In this section written-off vehicle includes any vehicle: 36 (a) that has been assessed to be a total loss by a person in 37 accordance with Division 3, or 38 Page 4 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 (b) that has been disposed of to an auto-dismantler by a 1 self-insurer, or 2 (c) that has been demolished or dismantled by an 3 auto-dismantler, or 4 (d) that is in the control of an auto-dismantler and is intended 5 to be demolished or dismantled, or 6 (e) that was recorded on the register of written-off vehicles on 7 the commencement day, or 8 (f) that is prescribed by the regulations. 9 16C Registration of written-off vehicles 10 (1) The Authority must not register, renew or transfer the registration 11 of any vehicle (or if the vehicle is registered, the Authority must 12 cancel the registration of the vehicle) if its vehicle identifier is the 13 same as the vehicle identifier of a statutory written-off vehicle or 14 an interstate written-off vehicle. 15 (2) However, subsection (1) does not apply if the vehicle is the 16 subject of an authorisation to repair and: 17 (a) the application for registration is accompanied by a 18 certificate of compliance in relation to the vehicle, or 19 (b) the Authority is satisfied that the vehicle is of a class 20 exempt by the regulations from the obligation to be the 21 subject of a certificate of compliance. 22 (3) The Authority must not cancel the registration of a vehicle unless 23 it has first given the registered operator of the vehicle at least 24 14 days' notice of the proposed cancellation. 25 (4) The Authority must not register, renew or transfer the registration 26 of a vehicle if to do so would breach a condition imposed by the 27 Authority on an authorisation to repair. 28 (5) In this section: 29 interstate written-off vehicle means a vehicle recorded on a 30 register of written-off vehicles (however described) of another 31 Australian jurisdiction as: 32 (a) a statutory written-off vehicle or similar (being a vehicle 33 that is not permitted to be registered in that jurisdiction by 34 the vehicle registration authority of that jurisdiction), or 35 Page 5 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 (b) a repairable written-off vehicle or similar (being a vehicle 1 that may in certain circumstances be registered in that 2 jurisdiction), but only if that vehicle has not been 3 registered in this or another jurisdiction since being so 4 recorded. 5 16D Authority must refuse certain applications for authorisations 6 (1) The Authority must refuse an application for the issue of an 7 authorisation to repair a written-off vehicle if the Authority 8 reasonably believes any one or more of the following: 9 (a) that the vehicle has suffered non-repairable damage, 10 (b) that the vehicle is prescribed by the regulations as a 11 non-eligible vehicle, 12 (c) that the applicant is prescribed by the regulations as a 13 non-eligible person. 14 (2) This section does not limit the circumstances in which the 15 Authority may refuse the issue of an authorisation to repair. 16 16E Applications for authorisations 17 (1) An eligible person may apply to the Authority for the issue of an 18 authorisation to repair a vehicle. 19 (2) An application for the issue of an authorisation: 20 (a) must be in a form approved by the Authority, and 21 (b) must be accompanied by a record of an assessment made 22 in accordance with Division 3 that the vehicle has not 23 suffered non-repairable damage, and 24 (c) must be accompanied by any fee fixed for that purpose by 25 the Authority under section 8. 26 (3) The Authority may require an applicant to submit such other 27 information as the Authority thinks fit. 28 (4) In determining an application, the Authority must take into 29 consideration any factors prescribed by the regulations. 30 (5) The Authority may refuse the application or may issue an 31 authorisation to repair the vehicle unconditionally or subject to 32 any of the following conditions: 33 (a) a condition that the vehicle cannot be registered in the 34 name of a person other than the applicant for a specified 35 period or for an indefinite period, 36 (b) any condition of a class prescribed by the regulations. 37 Page 6 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 (6) If the vehicle is of a class of vehicles exempt by the regulations 1 from the obligation to be the subject of a certificate of 2 compliance, the authorisation to repair must state that fact. 3 Division 3 Assessment of damaged vehicles 4 16F Definitions 5 In this Division: 6 assessor means an insurer, self-insurer, auto-dismantler, dealer 7 or other person prescribed by the regulations. 8 vehicle damage assessment means an assessment made by or on 9 behalf of, and in the course of business of, an assessor as to 10 whether or not a notifiable vehicle (anywhere in Australia) is a 11 total loss. 12 16G Notifiable vehicles 13 (1) For the purposes of this Part, a vehicle is a notifiable vehicle if 14 the vehicle: 15 (a) complies (or complied at the time of manufacture) with the 16 requirements of all Australian Design Rules adopted by the 17 regulations applying to it, and 18 (b) is not more than 15 years old (age being determined from 19 the date of manufacture) or, if the regulations prescribe a 20 different age, not more than the age so prescribed, and 21 (c) is located anywhere in Australia but is linked to the State 22 because: 23 (i) it is registered in the State, or 24 (ii) it was last registered in the State, or 25 (iii) it has never been registered in Australia, but one or 26 more of the incidents that caused the vehicle to be 27 assessed as a total loss occurred in the State, and 28 (d) is not: 29 (i) a motor vehicle that has a GVM greater than 30 4.5 tonnes, or 31 (ii) a trailer that has a GVM greater than 4.5 tonnes. 32 (2) For the purposes of this Part, a vehicle is also a notifiable 33 vehicle if it is a vehicle prescribed by the regulations. 34 Page 7 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 16H Vehicles that are a total loss 1 (1) For the purposes of this Part, a vehicle is a total loss if it has been 2 damaged, dismantled or demolished to the extent that its salvage 3 value, plus the cost of repairing the vehicle for use on a road, 4 would be more than the market value of the vehicle immediately 5 before the damage, dismantling or demolition. 6 (2) In this section: 7 market value of a vehicle means the price that the vehicle would 8 bring at open market, as determined (having regard to local 9 market prices and the age and condition of the vehicle) by the 10 person who assesses whether or not the vehicle is a total loss. 11 salvage value of a vehicle means the value of the vehicle if sold 12 for scrap or parts, or in a damaged state, as determined by the 13 person who assesses whether or not the vehicle is a total loss. 14 16I Assessments as to whether a vehicle is a total loss 15 (1) An assessor must ensure that any vehicle damage assessment 16 made by or on behalf of the assessor is made by a person who: 17 (a) has the training, qualification or experience prescribed by 18 the regulations for the purposes of this section, or 19 (b) acts on the advice of a person who has such training, 20 qualifications or experience. 21 Maximum penalty: 20 penalty units. 22 (2) The Authority may, by notice in writing, exempt a person from 23 subsection (1), before the relevant assessment is carried out. Such 24 an exemption has effect only for the time specified in the 25 exemption and if any conditions to which it is subject are 26 complied with. 27 (3) This section does not have effect until 6 months after the 28 commencement day. 29 16J Factors relevant to assessments 30 An assessor must ensure that any vehicle damage assessment 31 made by or on behalf of the assessor: 32 (a) includes an assessment of whether the vehicle has suffered 33 non-repairable damage, and 34 Page 8 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 (b) bases any calculation of the cost of repair of the vehicle 1 (for the purposes of assessing whether the vehicle is a total 2 loss) on the standard of repairs, and the repair methods, 3 prescribed by the regulations in relation to vehicles of that 4 type. 5 Maximum penalty: 6 (a) in the case of a corporation, 250 penalty units for a first 7 offence or 500 penalty units for a second or subsequent 8 offence, or 9 (b) in any other case, 50 penalty units for a first offence or 10 100 penalty units for a second or subsequent offence. 11 16K Provision of results of assessments 12 (1) An assessor must, if requested to do so by the registered operator 13 or owner of a notifiable vehicle or a person authorised by the 14 Authority, provide the operator, owner or person with a written 15 record of any vehicle damage assessment made by or on behalf 16 of the assessor of that vehicle setting out: 17 (a) a statement as to whether or not the vehicle has suffered 18 non-repairable damage, and 19 (b) any other information prescribed by the regulations. 20 Maximum penalty: 20 penalty units. 21 (2) An assessor must, if directed in writing to do so by an authorised 22 officer, provide the Authority with a written record of any vehicle 23 damage assessment made by or on behalf of the assessor setting 24 out: 25 (a) a statement as to whether or not the vehicle has suffered 26 non-repairable damage, and 27 (b) any other information specified in the direction. 28 Maximum penalty: 20 penalty units. 29 (3) More than one direction may be issued under subsection (2). 30 Note. Section 307C of the Crimes Act 1900 makes it an offence for a 31 person to produce a record under this section if the person does so 32 knowing that the record is false or misleading. 33 16L Information about written-off and demolished vehicles 34 (1) An assessor must ensure that the Authority is provided with the 35 information required by the regulations concerning each 36 notifiable vehicle that is assessed as being a total loss in the 37 Page 9 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 course of a vehicle damage assessment conducted by or on behalf 1 of the assessor: 2 (a) within 7 days after the assessment and before the vehicle is 3 sold or otherwise disposed of, or 4 (b) within any other time prescribed by the regulations. 5 (2) A self-insurer must ensure that the Authority is provided with the 6 information required by the regulations concerning each 7 notifiable vehicle that is taken to be a total loss by virtue of being 8 disposed of by the self-insurer (anywhere in Australia) to an 9 auto-dismantler: 10 (a) within 7 days after the vehicle is disposed of, or 11 (b) within any other time prescribed by the regulations. 12 (3) An auto-dismantler must ensure that the Authority is provided 13 with the information required by the regulations concerning each 14 notifiable vehicle that the auto-dismantler intends to demolish or 15 dismantle (anywhere in Australia) in the course of the business 16 carried on by the auto-dismantler: 17 (a) within 7 days after the auto-dismantler forms the intention 18 to demolish or dismantle the vehicle, or 19 (b) within any other time prescribed by the regulations. 20 (4) Despite subsection (3), the information must be provided before 21 the part of the vehicle to which the vehicle identifier is attached 22 is sold or otherwise disposed of. 23 (5) A person (other than an insurer) is not guilty of an offence against 24 this section in respect of a failure to provide information 25 concerning a notifiable vehicle if the person satisfies the court 26 that the person believed, on reasonable grounds, that the required 27 information concerning the vehicle had already been provided to 28 the Authority by another person under this section. 29 Maximum penalty: 20 penalty units. 30 16M Maintenance of records 31 (1) An assessor must maintain, and keep for at least 7 years, the 32 following records in relation to each vehicle damage assessment 33 made by or on behalf of the assessor: 34 (a) the records required by the regulations, 35 (b) any other records that the Authority, by notice in writing, 36 requires the assessor to maintain. 37 Page 10 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 (2) An authorised officer may, for the purposes of determining 1 whether this Part has been complied with, direct in writing any 2 person to produce any records required to be maintained under 3 this Division. 4 (3) A person must comply with such a direction within the time 5 specified in the direction. 6 Maximum penalty: 20 penalty units. 7 16N False assessments 8 A person must not induce, attempt to influence, or coerce the 9 making of a false vehicle damage assessment or a vehicle damage 10 assessment that does not comply with this Part. 11 Maximum penalty: 12 (a) in the case of a corporation, 250 penalty units for a first 13 offence or 500 penalty units for a second or subsequent 14 offence, or 15 (b) in any other case, 50 penalty units for a first offence or 16 100 penalty units for a second or subsequent offence. 17 16O Removal of vehicle identifiers 18 An assessor must ensure that reasonable steps are taken to 19 remove, deface, obliterate or destroy the vehicle identifier on any 20 part of a vehicle that has been assessed as being a total loss by or 21 on behalf of the assessor, if required to do so: 22 (a) by the regulations, or 23 (b) by notice in writing served on the assessor by the 24 Authority. 25 Maximum penalty: 20 penalty units. 26 16P Duty to attach written-off warning label to written-off vehicles 27 (1) An assessor must ensure that a written-off warning label is 28 attached, in accordance with the regulations, at all times to any 29 vehicle in the person's possession or control that has been 30 assessed as being a total loss: 31 (a) to the part of the vehicle to which the vehicle identifier is 32 attached (in the case of a dismantled vehicle), or 33 (b) to the vehicle (in any other case). 34 Page 11 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 (2) The label must be attached within the period in which the 1 information must be provided to the Authority about the vehicle 2 under section 16L. 3 Maximum penalty: 20 penalty units. 4 Division 4 General 5 16Q Certificates of compliance 6 (1) A licensed repairer may issue, in a form approved by the 7 Authority, a certificate of compliance in relation to a vehicle if: 8 (a) the repairer's licence is of a class that authorises the 9 repairer to repair the type of vehicle, and the type of 10 vehicle damage, the subject of certification, and 11 (b) the licensed repairer is satisfied that the standard of repairs, 12 and the repair methods used, are in accordance with the 13 requirements adopted by or set out in the regulations. 14 (2) A licensed repairer must not issue a certificate of compliance that 15 he or she knows, or ought reasonably to know, is false or 16 misleading in a material particular. 17 Maximum penalty: 20 penalty units. 18 (3) A person must not attempt to obtain a certificate of compliance 19 by a false or misleading statement or any misrepresentation or 20 other dishonest means. 21 Maximum penalty: 20 penalty units. 22 (4) The Authority may do any of the following in respect of a vehicle 23 that is the subject of a certificate of compliance referred to in 24 subsection (2) or (3): 25 (a) amend the register of written-off vehicles accordingly, 26 (b) suspend the registration of the vehicle, 27 (c) refuse to transfer the registration of the vehicle, 28 (d) cancel the registration of the vehicle. 29 (5) The Authority must not cancel the registration of a vehicle unless 30 it has first given the registered operator of the vehicle at least 31 14 days' notice of the proposed cancellation. 32 (6) A person who is not a licensed repairer must not purport to issue 33 a certificate of compliance or advertise that the person is willing 34 to issue a certificate of compliance. 35 Maximum penalty: 1,000 penalty units. 36 Page 12 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 16R Access to register of written-off vehicles 1 (1) The Authority is not to provide access to the register of 2 written-off vehicles except as provided by this section. 3 (2) The Authority may allow the following to have access to the 4 register: 5 (a) a government department, a public authority, a local 6 authority or the NSW Police Force, 7 (b) a government department, a public authority, a local 8 authority or the police force of another State, a Territory or 9 the Commonwealth, 10 (c) Austroads, but only for the purpose of its national database 11 of written-off vehicles and information about them, 12 (d) an insurer, self-insurer, auto-dismantler or dealer, 13 (e) any other person or body, or class of persons or bodies, 14 prescribed by the regulations. 15 (3) The Authority may provide a person or body with information 16 contained in the register. 17 (4) The Authority may: 18 (a) impose any conditions that the Authority considers 19 appropriate on the provision of access, or the provision of 20 information, under this section, or 21 (b) limit the level of detail to which access is provided under 22 this section as the Authority considers appropriate. 23 16S Interference with register of written-off vehicles 24 A person must not, except as authorised by the Authority: 25 (a) obtain access to the register of written-off vehicles or 26 information contained in the register, or 27 (b) make, alter or delete an entry in the register, or 28 (c) interfere with the register in any other way. 29 Maximum penalty: 250 penalty units. 30 16T Unauthorised disclosure of information 31 A person must not disclose any information obtained in 32 connection with the administration or execution of this Part, 33 except: 34 (a) in connection with the administration or execution of this 35 Act or the regulations, or 36 Page 13 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 (b) for the purposes of Austroads administering a national 1 database of written-off vehicles and information about 2 them and allowing driver licensing and vehicle registration 3 authorities in the other States and Territories to have 4 access to the information in the national database, or 5 (c) for the purposes of any legal proceedings arising out of this 6 Act or the regulations or of any report of such proceedings, 7 or 8 (d) to the Motor Vehicle Repair Industry Authority constituted 9 under the Motor Vehicle Repairs Act 1980 for the purposes 10 of any disciplinary or legal proceedings arising out of that 11 Act or the regulations under that Act, or 12 (e) in the circumstances prescribed by the regulations. 13 Maximum penalty: 20 penalty units. 14 16U Certificate evidence 15 (1) A statement in a certificate purporting to have been issued by an 16 Australian Authority or Australian authorised officer that, at a 17 specified time or during a specified period, a specified vehicle 18 was or was not on the register of written-off vehicles or a register 19 of written-off vehicles (however described) kept under a law of 20 another Australian jurisdiction is admissible as evidence in any 21 legal proceedings and is, until admissible evidence is given to the 22 contrary, evidence of the matter certified. 23 (2) In this section, Australian Authority and Australian authorised 24 officer have the same meaning as in the Road Transport 25 (General) Act 2005. 26 16V Regulations 27 (1) Without limiting section 14, the regulations may make provision 28 for or with respect to the following matters: 29 (a) any matter relating to the registration of written-off 30 vehicles, 31 (b) any matter relating to the issue of authorisations to repair, 32 (c) any matter relating to the making of vehicle damage 33 assessments under this Part, including the conduct or 34 duties of persons making those assessments, 35 (d) any matter relating to the making and keeping of records 36 under this Part and the furnishing of information and 37 records, 38 Page 14 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 Schedule 1 (e) any matter relating to the issue of certificates of 1 compliance, including the conduct or duties of persons 2 issuing certificates of compliance, 3 (f) any matter relating to written-off warning labels, 4 (g) the disclosure of information obtained in connection with 5 the administration or execution of this Part. 6 (2) The regulations may require any person to provide the Authority 7 with the information prescribed by the regulations concerning 8 any notifiable vehicle that is assessed as being a total loss while 9 in the care, custody or control of the person (anywhere in 10 Australia). 11 (3) The regulations may exempt, with or without conditions, any 12 vehicle, any class of vehicles or any class of persons from the 13 operation of all or any of the provisions of this Part. 14 (4) The regulations may adopt a provision set out in any specified 15 publication. 16 [3] Schedule 3 Savings and transitional provisions 17 Insert at the end of clause 1 (1): 18 Road Transport (Vehicle Registration) Amendment (Written-off 19 Vehicles) Act 2010 20 [4] Schedule 3, Part 5 21 Insert after clause 21: 22 Part 5 Provisions consequent on enactment of 23 Road Transport (Vehicle Registration) 24 Amendment (Written-off Vehicles) Act 2010 25 22 Definition 26 In this Part: 27 commencement day means the day on which Part 2AA of this 28 Act commences. 29 23 Keeping of register of written-off vehicles 30 (1) The register kept under section 255 of the Road Transport 31 (General) Act 2005 immediately before the commencement day 32 is taken to be the register required to be kept under section 16B 33 of this Act. 34 Page 15 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 1 Amendment of Road Transport (Vehicle Registration) Act 1997 No 119 (2) As soon as practicable after the commencement day, the 1 Authority must record on the register as statutory written-off 2 vehicles all vehicles that, immediately before that time, were 3 recorded as having the status of being wrecked. 4 (3) A vehicle that, immediately before the commencement day, is 5 registered and is recorded on the register of written-off vehicles 6 as a repairable written-off vehicle is, for the purposes of Part 7 2AA of this Act, taken to be a former written-off vehicle. 8 24 Existing repairable written-off vehicles may be registered without 9 authorisation to repair or certificate of compliance 10 (1) A vehicle is not required to be the subject of an authorisation to 11 repair under section 16C (2) if the vehicle was recorded on the 12 register of written-off vehicles as a repairable written-off vehicle 13 on the commencement day and the vehicle is registered within 14 2 years after that day. Any such vehicle may, during that 15 2-year period, be recorded on the register of written-off vehicles 16 as a repairable written-off vehicle. 17 (2) An application to register a vehicle that was recorded on the 18 register of written-off vehicles as a repairable written-off vehicle 19 on the commencement day is not required to be accompanied by 20 a certificate of compliance under section 16C (2) in relation to the 21 vehicle if the application is lodged with the Authority within 22 6 months after the commencement day. 23 25 Former written-off vehicles may be referred to as repairable 24 written-off vehicles 25 A vehicle that is recorded on the register of written-off vehicles 26 under Part 2AA of this Act as a former written-off vehicle may 27 also be referred to as a repairable written-off vehicle. 28 Page 16 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Amendment of Motor Vehicle Repairs Act 1980 No 71 Schedule 2 Schedule 2 Amendment of Motor Vehicle Repairs 1 Act 1980 No 71 2 [1] Section 4 Definitions 3 Insert in alphabetical order in section 4 (1): 4 certification work means work relating to the issue of a 5 certificate of compliance under Part 2AA of the Road Transport 6 (Vehicle Registration) Act 1997. 7 [2] Section 42 Grounds on which a licence holder may be dealt with under 8 this Part 9 Insert after section 42 (1) (d): 10 (d1) that the holder has been convicted of an offence under, or 11 may have failed to comply with, section 16Q of the Road 12 Transport (Vehicle Registration) Act 1997 or the 13 regulations made under Part 2AA of that Act, 14 [3] Section 73 Authority may require information 15 Insert "or certification work" after "repair work" in section 73 (1). 16 [4] Section 73 (3) 17 Insert ", or section 16Q of the Road Transport (Vehicle Registration) Act 18 1997" after "Part 4". 19 [5] Section 75 Power of entry and examination 20 Insert after section 75 (5): 21 (6) A reference in this section to this Act or the regulations includes 22 a reference to Part 2AA of the Road Transport (Vehicle 23 Registration) Act 1997 and the regulations made under that Part. 24 [6] Section 75B Production of records 25 Insert ", or Part 2AA of the Road Transport (Vehicle Registration) Act 1997 26 or the regulations made under that Part" after "regulations" in section 75B (1). 27 [7] Section 77 Disclosure of information 28 Insert after section 77 (b): 29 (b1) to the Roads and Traffic Authority in connection with 30 certification work, 31 Page 17 Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Bill 2010 Schedule 3 Amendment of Road Transport (General) Act 2005 No 11 Schedule 3 Amendment of Road Transport (General) 1 Act 2005 No 11 2 [1] Section 10 Regulations 3 Omit section 10 (2) (a). 4 [2] Section 130 Application of Part 5 Insert after section 130 (1) (a): 6 (b) Part 2AA of the Road Transport (Vehicle Registration) Act 7 1997, 8 [3] Section 230 Certificate evidence 9 Omit section 230 (1) (k). 10 [4] Part 6.2 Miscellaneous provisions concerning vehicles and roads 11 Omit Division 2 (Written off and wrecked motor vehicles). 12 [5] Schedule 1 Savings, transitional and other provisions 13 Omit clause 7. 14 Page 18
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