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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





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           2007 is repealed.                                                           10




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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




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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




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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




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                      (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




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              (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




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     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




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                    (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




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                      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




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              (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




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             (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




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     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




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                      (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




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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




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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




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Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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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




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               Road Transport (Vehicle Registration) Amendment (Written-off Vehicles)
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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




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