Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2013 (NO 2) (NO 14 OF 2013) - REG 33

Section 85 (6)

substitute

    (6)     A person commits an offence if—

        (a)     the person is the registered operator of a heavy vehicle; and

        (b)     the registration of the heavy vehicle is cancelled; and

        (c)     the person does not—

              (i)     destroy the heavy vehicle's registration label as soon as practicable after the cancellation takes effect; or

              (ii)     return the heavy vehicle's registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (g).

Maximum penalty: 20 penalty units.

    (7)     A person commits an offence if—

        (a)     the person is the registered operator of a vehicle other than a heavy vehicle; and

        (b)     the registration of the vehicle is cancelled; and

        (c)     the person does not return the vehicle's registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (g).

Maximum penalty: 20 penalty units.

    (8)     Subsections (6) and (7) do not apply to a person if the person has a reasonable excuse for not returning the vehicle's registration certificate, or a numberplate issued for the vehicle, to the authority in accordance with a requirement under subsection (1) (g).

Note     The defendant has an evidential burden in relation to the matters mentioned in s (8) (see Criminal Code

, s 58).



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