Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (VEHICLE REGISTRATION) AMENDMENT REGULATION 2008 (NO 1) (NO 16 OF 2008) - REG 5

in part 4.4, insert

85A     Re-establishment of cancelled registration

    (1)     This section applies if—

        (a)     a vehicle's registration is cancelled under section 85; and

        (b)     the registration is cancelled because a registration payment made by the previous registered operator is dishonoured; and

Note     The Road Transport (General) Regulation 2000 , s 16 and s 19 relate to dishonour notices and cancellation notices for dishonoured payments of amounts payable under the road transport legislation.

        (c)     a person acquires the vehicle; and

        (d)     the road transport authority is satisfied on reasonable grounds that the person did not know, and could not reasonably be expected to have known, about the cancellation when the person acquired the vehicle.

    (2)     The person may apply to the road transport authority to re-establish the vehicle's registration.

    (3)     On application, the road transport authority must—

        (a)     re-establish the vehicle's registration; or

        (b)     refuse the application.

    (4)     However—

        (a)     section 32 (Deciding applications for registration—general) applies to an application under this section as if it were an application for registration of a registrable vehicle; and

        (b)     the road transport authority may refuse an application under this section only if allowed or required to refuse it under section 32.

    (5)     If the road transport authority re-establishes the vehicle's registration under subsection (3) (a), the person is not liable to pay a surcharge otherwise payable on re-establishing registration because the registration is cancelled.

Note     The Minister may determine a fee payable as a surcharge for the registration of a vehicle if the registration has lapsed or been cancelled (see Road Transport (General) Act 1999 , s 96).