South Australia: Motor Vehicles Act 1959 (SA)

An Act to make provision for the registration of motor vehicles, drivers licences and third party motor insurance; and for other purposes.

South Australia: Motor Vehicles Act 1959 (SA) Image
South Australia Motor Vehicles Act 1959 An Act to make provision for the registration of motor vehicles, drivers licences and third party motor insurance; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Crown is bound 5 Interpretation 6 Power of Minister to include or exclude areas from application of Act 6A Delegation by Minister Part 2—Registration of motor vehicles Division 1—Registration 7 Registrar and officers 8 The register 9 Duty to register Division 2—Exemptions and permits 10 Exemption of vehicles with trade plates 10A Exemption of vehicles being loaded or unloaded from transporter 12 Exemption for certain trailers, agricultural implements and agricultural machines 12A Exemption of self-propelled wheelchairs from requirements of registration and insurance 12B Exemption of certain vehicles from requirements of registration and insurance 16 Permits to drive vehicles without registration 19A Vehicles registered etc interstate or overseas Division 3—Registration procedure 20 Application for registration 21 Power of Registrar to decline application 22 Registrar may require applicant to supply information 23 Refusal to register unfit vehicles 23A Information required before registration of new vehicles 24 Duty to grant registration Division 3A—Periodic payments 24A Registrar may accept periodic renewal payments Division 4—Conditional registration 25 Conditional registration Division 5—Duration of registration 26 Duration of registration Division 6—Registration fees 27 Regulation of registration fees 28 Payments into National Heavy Vehicle Regulator Fund 31 Registration without fee 34 Registration fees for primary producers' commercial vehicles 37 Registration fees for vehicles in outer areas 37A Application of sections 38 to 38B 38 Registration fees for incapacitated ex-service personnel 38A Reduced fees for pensioner entitlement card holders 38AB Registration fees for trailers owned by pensioner entitlement card holders 38B Registration fees for certain incapacitated persons or carers 40 Balance of registration fee 40A Refund of part of registration fee on eligibility for reduced fee 41 Misuse of vehicles registered at reduced fees or without fees 42 Registration not transferable in certain cases where vehicle registered at reduced fee or for no fee 43 Short payment etc 43A Temporary configuration certificate for heavy vehicle Division 7—Duty to notify alterations or additions to vehicles 44 Duty to notify alterations or additions to vehicles 45 Refund where vehicle altered Division 8—Numbers and number plates 46 Allotment of number on registration 47 Duty to carry number plates 47A Classes of number plates and agreements for allotment of numbers 47B Issue of number plates 47C Return, recovery etc of number plates 47D Offences in connection with number plates Division 10—Suspension, cancellation and transfer of registration 54 Cancellation of registration and refund on application 55A Suspension and cancellation of registration by Registrar 55B Notice to be given to Registrar 55C Action following disqualification or suspension outside State 56 Duty of transferor on transfer of vehicle 57 Duty of transferee on transfer of vehicle 57A Power of Registrar to record change of ownership of motor vehicle 58 Transfer of registration 59 Non-transferable registrations 60 Cancellation of registration where failure to transfer after change of ownership 60A Lodgement of applications, notices etc 61 Hire-purchase transactions 61A Removal of number plates by Chief Recovery Officer Division 11—Trade plates 62 Issue of trade plates 64 Specifications of plates 65 Duration 66 Use of vehicle to which trade plates are affixed 70 Return of trade plates and refunds 71 Transfer of trade plates Division 12—Property in and replacement of plates and documents 71A Property in plates and documents 71B Replacement of plates and documents Division 13—Miscellaneous 71C Powers of Registrar in relation to offensive material displayed on motor vehicles Part 3—Drivers' licences 72 Classification of licences 72A Qualified supervising drivers 73 Register of licences 74 Duty to hold licence or learner's permit 75 Issue and renewal of licences 75AAA Term of licence and surrender 75AA Only 1 licence to be held at any time 75A Learner's permit 75B Special provisions applying to certain motor bike learner's permits 77A Licences and learner's permits to include photographs 77B Powers of Registrar in relation to applicant for licence or permit 77BA Use of photographs by Registrar 77C Temporary licences and learner's permits 79 Examination of applicant for licence or learner's permit 79A Driving experience required for issue of licence 79B Alcohol and drug dependency assessments and issue of licences 80 Ability or fitness to be granted or hold licence or permit 81 Restricted licences and learner's permits 81A Provisional licences 81AB Probationary licences 81AC Special provisions applying to certain motor bike licences 81B Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions 81BA Safer Driver Agreements 81BB Appeals to Magistrates Court 81BC Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961 81C Disqualification for certain drink driving offences 81D Disqualification for certain drug driving offences 81E Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions 81F Mandatory alcohol interlock scheme conditions 81G Cessation of licence subject to mandatory alcohol interlock scheme conditions 81H Contravention of mandatory alcohol interlock scheme conditions 82 Vehicle offences and unsuitability to be granted or hold licence or permit 83 Consequences of certain orders or administrative actions outside State 84 Cancellation of licence or permit where issued in error 85 Procedures for suspension, cancellation or variation of licence or permit 91 Effect of suspension and disqualification 93 Notice to be given to Registrar 94 Administrative errors and notices of disqualification 96 Duty to produce licence or permit 97 Duty to produce licence or permit at court 97A Visiting motorists 98AAA Duty to carry licence when driving heavy vehicle 98AA Duty to carry licence when teaching holder of learner's permit to drive 98AAB Duty to carry probationary licence, provisional licence or learner's permit 98AAC Issue of duplicate licence or learner's permit 98AAD Licence or learner's permit falsely obtained is void 98AAE Licence or learner's permit unlawfully altered or damaged is void 98AAF Duty on holder of licence or learner's permit to notify illness etc 98AAG Exemptions for Aboriginal persons in remote areas Part 3A—Motor driving instructors' licences 98A Instructors' licences Part 3B—Demerit points scheme 98AB Interpretation 98B Demerit points for offences in this State 98BB Demerit points for offences interstate 98BC Liability to disqualification 98BD Notices to be sent by Registrar 98BE Disqualification and discounting of demerit points 98BF Effect of appeal or rehearing on disqualification and discounting 98BH Court not to take into account demerit points 98BI Notification of demerit points to interstate licensing authorities Part 3C—Towtrucks 98D Certain towtruck drivers required to hold certificates 98E Applications for towtruck certificates 98F Entitlement to be granted towtruck certificates 98G Renewal of towtruck certificates 98H Conditions of towtruck certificates 98I Surrender of towtruck certificate 98J Suspension of towtruck certificate 98K Temporary towtruck certificates 98L Form of certificates 98M Duplicate certificates 98MA Return of certificates when cancelled or suspended 98MB Register of certificates 98MC Towtruck operators to notify Registrar of towtruck drivers in their employ 98MD Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair 98ME Towing of vehicle at or from scene of accident 98MF Storage of vehicles by towtruck operators 98MG Removal of vehicle from place to which it was removed from the scene of an accident 98MH Contracts relating to the repair of certain motor vehicles 98MI Duty to surrender vehicle 98MJ Accident spotting 98MK Off the hook transactions 98ML Towtruck driver to carry and produce certificate 98N Trade plates not to be used for the purpose of a towtruck in certain circumstances 98O Persons who may ride in towtruck 98P Investigation powers 98PA Power to require production or attendance for investigations 98PC Cause for disciplinary action 98PD Complaints 98PE Hearing by Tribunal 98PF Appointment, selection etc of assessors 98PG Disciplinary action Part 3D—Disabled persons' parking permits 98R Application for permit 98S Duration and renewal of permits 98T Permit contents, conditions and entitlements 98U Misuse of permit 98V Cancellation of permit 98WA Interstate permit holders have reciprocal entitlements 98X Interpretation Part 3E—Rights of review and appeal 98Z Review by Registrar 98ZA Review by Tribunal Part 4—Third party insurance 99 Interpretation 99A Insurance premium to be paid on applications for registration 101 Approved insurers 102 Duty to insure against third party risks 104 Requirements if policy is to comply with this Part 105 Policies to conform to amending Acts 107 Rights of persons named in policies 109 Liability of insurers where premium not paid 110 Liability of insurer to pay for emergency treatment 111 Liability of insurer to pay for hospital treatment 111A Liability of insurer in respect of burial at public expense 112 Liability of insurer when judgment obtained against insured 113 Liability of insurer where the insured is dead or cannot be found 113A Insurer not liable for aggravated damages or exemplary or punitive damages 114 Certain defences ineffective in actions against insurers 115 Claims against nominal defendant where vehicle not identified 116 Claim against nominal defendant where vehicle uninsured 116A Appointment of nominal defendant 117 Interpretation of expression in sections 113 and 115 118A Appointment of nominal defendant when approved insurer is wound up etc 118B Interpretation of certain provisions where claim made or action brought against nominal defendant 119 Scheme under which approved insurers indemnify liabilities incurred by nominal defendant 120 Satisfaction of judgment against nominal defendant where no scheme in force 121 Policy to bind all insured persons 122 Cancellation of policy 123 Right of insurer against unauthorised driver of vehicle 124 Duty to cooperate with insurer 124AA Limitation of liability in respect of foreign awards 124A Recovery by insurer 124AB Recovery of an excess in certain cases 124AC Credit for payment of expenses by insurer 125 Power of insurer to deal with claims against insured 125A Joinder of insurer as defendant to an action 125B Acquisition of vehicle by insurer 126 Duty of insured not to litigate or negotiate claim 126A Claim for compensation 127 Medical examination of claimants 127A Control of medical services and charges for medical services to injured persons 127B Liability of insurer to pay treatment, care and support costs 127C Control of legal costs 128 Duty of insurers to furnish information 129A Commissions and other financial benefits and inducements prohibited without Minister's approval 131 Insurance by visiting motorists 132 Power to disqualify on application of insurer 133 Contracting out of liability 134 Persons entitled to act in connection with claims Part 4A—Trials of automotive technologies 134B Interpretation 134C Minister may publish or adopt guidelines 134D Minister may authorise trials of automotive technologies 134E Exemptions from this and other Acts 134F Revocation and suspension of exemption 134G Offence to contravene etc condition of exemption 134H Requirement for insurance 134I Offence to hinder authorised trial or interfere with equipment 134J Immunity relating to official powers or functions 134K Commencement of prosecutions 134L Confidentiality 134M Report to Parliament Part 5—Supplementary provisions 135 False statements 135A Bribes 135B Applications made by agent 135C Proof of identity 136 Duty to notify change of name, address etc 137 Duty to answer certain questions 137A Obligation to provide evidence of design etc of motor vehicle 138 Obligation to provide information 138A Commissioner of Police to give certain information to Registrar 138B Effect of dishonoured cheques etc on transactions under the Act 139 Inspection of motor vehicles 139AA Where vehicle suspected of being stolen 139A Suspension of disqualification on appeal 139BA Power to require production of licence etc 139BB Issue of new licence or permit where licence etc cannot be endorsed 139BC Manner of endorsing licence etc 139BD Service and commencement of notices of disqualification 139C Service of other notices and documents 139D Confidentiality 139E Protection from liability 139G Offences by authorised officers 140 Evidence of registers 141 Evidence by certificate etc 142 Facilitation of proof 142A Evidence of ownership of motor vehicle 143 Causing or permitting offences 143B General defences 145 Regulations and fee notices 147 Financial provision 148 Duty of health professionals Schedule 1—Evidence obtained by photographic detection device 1 Interpretation 2 Certain offences subsumed 3 Notice about photographic evidence 4 Evidentiary Schedule 2—Prescribed circumstances (sections 75A, 75B and 81A) 1 Driving with immediate family members 2 Emergency workers 3 Driving to attend education or training 4 Driving to participate in activities 5 Driving for work purposes Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Motor Vehicles Act 1959. 2—Crown is bound (1) This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities. (2) No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act. 5—Interpretation (1) In this Act, unless the context otherwise requires or some other meaning is clearly intended— accident means a collision or impact (whether caused accidentally or on purpose) resulting in damage to a motor vehicle; accident towing direction, in relation to a motor vehicle damaged in an accident, means a direction to tow that motor vehicle from the scene of the accident, being a direction given to a towtruck operator by or on behalf of a police officer in accordance with the accident towing roster scheme; accident towing roster scheme means the accident towing roster scheme provided for by the regulations; agriculture includes horticulture, viticulture, dairying, bee keeping, livestock production and other similar activity; and agricultural has a corresponding meaning; agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks; agricultural machine means a machine with its own automotive power, built to perform agricultural tasks; alcohol interlock means a device or system of a kind approved by the Minister by notice in the Gazette as an alcohol interlock for the purposes of this Act; alcohol interlock scheme conditions means— (a) the mandatory alcohol interlock scheme conditions; or (b) the voluntary alcohol interlock scheme conditions; approved alcohol interlock provider means a person, or a person of a class, approved by the Minister by notice in the Gazette as a provider of alcohol interlocks for the purposes of this Act; authority to tow, in relation to a damaged motor vehicle, means authorisation in writing to remove the motor vehicle given for the purposes of this Act by the owner or person in charge of the vehicle or an authorised officer or police officer; authorised examiner means— (a) a police officer appointed by the Commissioner of Police for the purpose of conducting practical driving tests; or (b) a person appointed by the Registrar for the purpose of conducting practical driving tests; or (c) a person appointed by some public authority, and approved by the Registrar, for the purpose of conducting practical driving tests; authorised officer means a person appointed as an authorised officer under section 35 of the Road Traffic Act 1961 or a person of a class of persons appointed as authorised officers under that section; the balance of the prescribed registration fee, in relation to a motor vehicle registered under this Act at a reduced registration fee, means an amount calculated by the Registrar on the basis of the difference between the reduced fee and the prescribed registration fee, in relation to the number of months of the registration period that remain unexpired; for the purposes of this definition, a portion of a month will be treated as a whole month; caravan means a trailer that is constructed or adapted so as to provide sleeping accommodation for one or more persons; category 1 offence means an offence against section 47B(1) of the Road Traffic Act 1961 involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood; category 2 offence means an offence against section 47B(1) or (1a) of the Road Traffic Act 1961 involving a concentration of alcohol of less than .15 grams, but not less than .08 grams, in 100 millilitres of blood; category 3 offence means an offence against section 47B(1) or (1a) of the Road Traffic Act 1961 involving a concentration of alcohol of .15 grams or more in 100 millilitres of blood; commercial motor vehicle means— (a) a motor vehicle constructed or adapted solely or mainly for the carriage of goods (including a motor vehicle of the type commonly called a utility); and (b) a prime mover; configuration, in relation to a heavy vehicle, has the meaning assigned to it by the regulations; court means court (whether the Supreme Court or any other court) having jurisdiction to deal with the matters in relation to which the word is used; CPI means the Consumer Price Index (All Groups) for the City of Adelaide; CTP Regulator or Regulator means the CTP Regulator established under the Compulsory Third Party Insurance Regulation Act 2016; declared area means— (a) the area of a municipal council; or (b) a part of the State declared by regulation to be within the area for the purposes of this definition; drink driving offence has the same meaning as in the Road Traffic Act 1961; drug driving offence has the same meaning as in the Road Traffic Act 1961; foreign licence means a licence to drive a motor vehicle issued under the law of another country; garage address of a vehicle means— (a) in the case of a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or (b) in any other case—the address of the place of business or residence at which the vehicle is normally kept when not in use; gross combination mass or GCM of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at any one time— (a) as specified by the motor vehicle's manufacturer; or (b) as specified by the Registrar if— (i) the manufacturer has not specified the sum of the maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; gross vehicle mass or GVM of a vehicle means the maximum loaded mass of the vehicle— (a) as specified by the vehicle's manufacturer; or (b) as specified by the Registrar if— (i) the manufacturer has not specified a maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; health professional means a legally qualified medical practitioner, a registered optometrist or a registered physiotherapist; heavy vehicle means a motor vehicle that is a heavy vehicle for the purposes of the Heavy Vehicle National Law (South Australia); Heavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013; Heavy Vehicle National Regulations (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013; high powered vehicle means a motor vehicle— (a) belonging to a class of vehicles prescribed by the regulations as high powered vehicles for the purposes of this Act; or (b) of a kind included in this definition by the Registrar by notice in the Gazette, but does not include a motor vehicle of a kind excluded from this definition by the Registrar by notice in the Gazette; insurance premium or premium, in relation to a motor vehicle, means the premium appropriate to the motor vehicle for a policy of insurance under Part 4, as determined by the CTP Regulator from time to time, and includes any money that the Registrar is required to retain under section 99A(14); interstate learner's permit means a licence or permit issued under the law of another State or Territory of the Commonwealth that corresponds to a learner's permit issued under this Act; interstate licence means a licence or permit issued under the law of another State or Territory of the Commonwealth that corresponds to a driver's licence issued under this Act; interstate non-provisional licence means a licence of a type prescribed by regulation for the purposes of this definition issued under the law of another State or Territory of the Commonwealth; interstate provisional licence means a licence of a type prescribed by regulation for the purposes of this definition issued under the law of another State or Territory of the Commonwealth; learner's permit means a learner's permit issued under this Act; learner's permit conditions means the conditions referred to in section 75A(10); licence means a driver's licence issued under this Act; LSS Fund levy means the LSS Fund levy under Part 7 of the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013; mandatory alcohol interlock scheme conditions means the conditions referred to in section 81F; motor bike means a motor vehicle (not being a trailer) with two wheels, and includes a two wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle but does not include an electric personal transporter (within the meaning of the Road Traffic (Miscellaneous) Regulations 2014) that may be driven on or over a road in accordance with an approval of the Minister under section 161A of the Road Traffic Act 1961; nominated vehicle for a person means a motor vehicle nominated by the person to the Registrar in accordance with section 81F; non-provisional licence means a licence issued under this Act other than a provisional licence; number means— (a) a figure or a combination of figures; or (b) a combination of letters of the alphabet; or (c) a combination of figures and letters of the alphabet; operator, in relation to a motor vehicle, means the person principally responsible for the operation or use of the vehicle; oral fluid has the same meaning as in the Road Traffic Act 1961; owner includes a person who takes a motor vehicle on hire; P1 licence means a provisional licence that is taken to be a P1 licence in accordance with section 81A(2); P2 licence means a provisional licence other than a P1 licence; photograph includes an image produced from an electronic record made by a digital or other electronic camera, and photographic has a corresponding meaning; photographic detection device has the same meaning as in the Road Traffic Act 1961; practical driving test, in relation to a person applying for a licence, means a test approved by the Registrar as a practical driving test in relation to a class of licence to which the licence sought by the person belongs; premises includes land and the fences, walls or structures on the boundaries of land; prescribed conditions means learner's permit conditions, probationary licence conditions or provisional licence conditions; prescribed drink driving offence means any drink driving offence other than a category 1 offence; prescribed drug has the same meaning as in the Road Traffic Act 1961; prescribed registration fee means the amount of the fee payable in respect of the registration of a motor vehicle that is fixed by, or determined in accordance with, the regulations as the registration fee (rather than, for example, an administration fee); primary producer means a person— (a) who carries on as principal an agricultural business; or (b) who under a written sharefarming agreement works land as a sharefarmer and not as an employee; or (c) who carries on as principal the business of fishing; prime mover means a motor vehicle designed to tow a semi-trailer; probationary licence means a driver's licence subject to probationary licence conditions; probationary licence conditions means conditions referred to in section 81AB; provisional licence means a driver's licence subject to provisional licence conditions; provisional licence conditions means the conditions referred to in section 81A(4); qualified supervising driver—see section 72A; quarter means any period of three months; quotation for repair means an assessment or estimate of the actual or probable cost of repairing damage to a motor vehicle; reduced registration fee means— (a) the fee payable for conditional registration of a motor vehicle under section 25; or (b) any other fee payable by a person for registration of a motor vehicle that is less than the prescribed registration fee in relation to the vehicle; registered operator, in relation to a motor vehicle, means a person recorded on the register of motor vehicles as the operator of the vehicle; registered owner, in relation to a motor vehicle, means a person recorded on the register of motor vehicles as the owner of the vehicle; registered premises, in relation to a towtruck operator, means the premises registered in the name of the towtruck operator pursuant to the accident towing roster scheme; the Registrar means the Registrar of Motor Vehicles and includes any person acting on behalf of the Registrar in accordance with this Act; registration of a motor vehicle includes re-registration or renewal of registration; and to register has a corresponding meaning; road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving of motor vehicles; road-related area means any of the following: (a) an area that divides a road; or (b) a footpath or nature strip adjacent to a road; or (c) an area that is not a road and that is open to the public and designated for use by cyclists or animals; or (d) an area that is not a road and that is open to or used by the public for driving or parking motor vehicles; or (e) any other area that is open to or used by the public and that has been declared by the Minister under section 6 to be a road-related area; scene of an accident means the area within a radius of 200 metres from the point at which a vehicle involved in an accident has, as an immediate result of the accident, come or been brought to a stationary position; semi-trailer means a trailer that has— (a) 1 axle group or a single axle (as those terms are defined in the Road Traffic Act 1961) towards the rear; and (b) a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover; series of photographs includes a film, video or other continuous visual recording; serious drink driving offence—see section 81E; stamp duty means the duty payable under the Stamp Duties Act 1923; temporary towtruck certificate means a temporary towtruck certificate issued by the Registrar under Part 3C; tow, in relation to a motor vehicle, means tow, partially lift and tow, lift and carry or carry a motor vehicle by means of another motor vehicle; towtruck means a motor vehicle (including a trailer attached to a motor vehicle) designed, adapted or intended to lift and carry or partially lift and tow a motor vehicle that cannot, because of damage or malfunction, be operated properly under its own motive power; towtruck certificate means a towtruck certificate issued by the Registrar under Part 3C; towtruck driver means a person who drives, or operates the equipment of, a towtruck; towtruck operator means a person who carries on the business of towing motor vehicles or a business that includes towing motor vehicles; trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; unconditional licence means— (a) a licence issued under this Act not subject to alcohol interlock scheme conditions or prescribed conditions; or (b) a licence of a type prescribed by regulation for the purposes of this definition issued under the law of another State or Territory of the Commonwealth; vehicle does not include a vehicle operated on a railway or tramway or a mobile machine controlled and guided by a person walking; wharf includes— (a) any wharf, quay, jetty, pier, landing place, stage, platform, slip, basin, siding, dock, or other place at which goods can be landed, loaded or unloaded, whether situated on or near the shore of the sea or of any of its arms or inlets, or on or near the shore of any inland river or other inland water; and (b) all railways and tramways on the wharf and the approaches to them; and (c) a wharf only partly constructed as well as a completed wharf. (1a) In this Act, a reference to a Commonwealth Act includes a reference to— (a) that Commonwealth Act as amended and in force for the time being; and (b) an Act enacted in substitution for that Act. (2) For the purposes of this Act, a person who is driving a motor vehicle that tows another motor vehicle will be taken to be driving both motor vehicles. (2a) A reference in this Act to drivers or the driving of vehicles includes a reference to riders or the riding of vehicles unless it is otherwise expressly stated. (2b) A reference in this Act to a road includes a reference to a road-related area unless it is otherwise expressly stated. (3) A reference in this Act to a motor vehicle includes a reference to a trailer unless it is otherwise expressly stated. (3a) The Governor may, by proclamation— (a) declare that a motor vehicle of a certain design or with certain characteristics is to be regarded for the purposes of this Act as a motor vehicle of a specified class; and (b) revoke or vary any proclamation under this subsection. (3b) The Minister may, by notice in the Gazette, approve or revoke the approval of— (a) a device or system as an alcohol interlock for the purposes of this Act; or (b) a person, or a person of a class, as a provider of alcohol interlocks for the purposes of this Act. (4) Subject to section 22A of the Acts Interpretation Act 1915, this Act applies in relation to motor vehicles engaged in trade, commerce and intercourse between the States. (5) Subject to subsection (6), a licence, permit, exemption or other authorisation or document issued under this Act may be issued— (a) in the form of a physical document or item; or (b) in electronic form; or (c) in both the form of a physical document or item and in electronic form. (6) Part 3 of the Electronic Communications Act 2000 applies in relation to the issue of a licence, permit, exemption or other authorisation or document under this Act in electronic form (and a licence, permit, exemption or other authorisation or document under this Act will only be issued in electronic form if the requirements of section 18 of that Act are satisfied). (6a) The regulations may provide that specified provisions of this Act apply with modifications prescribed by the regulations to a licence, permit, exemption or other authorisation or document issued under this Act— (a) in electronic form; or (b) in the form of a physical document or item where the licence, permit, exemption or other authorisation or document has also been issued in electronic form. (7) In this Act, if a monetary amount is followed by the word "(indexed)", the amount is to be adjusted on 1 January of each year, beginning in 2006, by multiplying the stated amount by a multiplier obtained by dividing the CPI for the quarter ending 30 June in the previous year by the CPI for the quarter ending 30 June 2004. (8) For the purposes of this Act (other than section 81A), in determining the period for which a person has held a licence, learner's permit, foreign licence, interstate licence or interstate learner's permit, any period during which the person's licence or permit has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection). 6—Power of Minister to include or exclude areas from application of Act The Minister may, by notice in the Gazette— (a) declare a specified area that is open to or used by the public to be a road‑related area; (b) declare that this Act, or specified provisions of this Act, do not apply to a specified road or portion of road (either indefinitely or for a specified period); (c) vary or revoke such a declaration. 6A—Delegation by Minister (1) The Minister may delegate a power or function of the Minister under this Act. (2) A delegation under this section— (a) may be made— (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (b) may be absolute or subject to conditions or limitations specified in the instrument of delegation; and (c) if the instrument of delegation so provides, may be further delegated by the delegate; and (d) is revocable at will and does not derogate from the power of the delegator to act in any matter. Part 2—Registration of motor vehicles Division 1—Registration 7—Registrar and officers (1) The Governor may appoint a Registrar of Motor Vehicles and such deputy registrars of motor vehicles as the Governor considers necessary for the administration of this Act. (2) A deputy registrar may, subject to and in accordance with any directions given by the Registrar, act on behalf of the Registrar— (a) during the absence of the Registrar; (b) at any time in any matters allotted to the deputy registrar by the Registrar. (4) The Registrar may delegate any powers or functions of the Registrar under this Act or any other Act to— (a) a person for the time being occupying a specified office or position; or (b) a specified person or specified body of persons that, in the opinion of the Registrar, has appropriate qualifications or experience to exercise the relevant powers or functions. (5) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (6) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. (7) A person to whom a power or function is delegated under this section must not contravene, or fail to comply with, a condition to which the delegation is subject. Maximum penalty: $10 000 or imprisonment for two years. 8—The register (1) The Registrar must keep a register of motor vehicles. (2) The register must contain such information as the Registrar thinks necessary for the administration of this Act, and will be in a form fixed by the Registrar. (3) The Registrar may, on the Registrar's own initiative or on application by any person, correct or alter the register if satisfied that an entry in the register is incorrect, incomplete or inaccurate. 9—Duty to register (1) A person must not drive an unregistered motor vehicle, or cause an unregistered motor vehicle to stand, on a road. Maximum penalty: $7 500. (1a) However, subsection (1) does not apply to a person who drives a motor vehicle, or causes a motor vehicle to stand, if the person proves that the person— (a) drove the motor vehicle, or caused the motor vehicle to stand, in prescribed circumstances; and (b) did not know that the motor vehicle was unregistered. (1b) For the purposes of subsection (1a), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations. (1c) It is a defence to a charge of an offence against subsection (1) if the defendant was not a registered owner or the registered operator of the vehicle and the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the vehicle was unregistered. (3) If an unregistered motor vehicle is driven or found standing on a road, the owner of the vehicle is guilty of an offence. Maximum penalty: $7 500. (4) It is a defence to a charge of an offence against subsection (1) or (3) to prove that the motor vehicle was driven or left standing on a road in circumstances in which this Act permits a motor vehicle without registration to be driven on a road. (4a) It is a defence to a charge of an offence against subsection (3) to prove that— (a) the vehicle was not driven or left standing on the road by the defendant; and (b) the defendant had taken reasonable steps to ensure that any person lawfully entitled to use the motor vehicle would have been aware that the vehicle was unregistered. (5) It is a defence to a charge of an offence against subsection (3) to prove that, in consequence of some unlawful act, the vehicle was not in the possession or control of the defendant at the time it was driven or left standing on the road. (6) It is a defence to a charge of an offence against subsection (3) where the defendant is the last registered owner or last registered operator to prove that the defendant was not the owner or the operator of the motor vehicle, as the case may be, at the time of the alleged offence. (6a) The provisions of Schedule 1 apply to an offence against this section if evidence relating to the offence was obtained through the operation of a photographic detection device. (6b) A motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (1a) if— (a) the person is not an owner or the registered operator of the vehicle and the person is required by the person's employer to drive the vehicle, or to cause the vehicle to stand, in the course of the person's employment; or (b) the motor vehicle is driven or caused to stand in circumstances declared by the regulations. (7) In this section— owner, in relation to a motor vehicle, includes the last registered owner and the last registered operator of the vehicle, but does not include a person who takes the vehicle on hire; unregistered motor vehicle means a motor vehicle without registration in force under this Act. Division 2—Exemptions and permits 10—Exemption of vehicles with trade plates A motor vehicle may be driven on roads without registration if it bears trade plates issued under this Act and is driven in conformity with the provisions of this Act as to trade plates. 10A—Exemption of vehicles being loaded or unloaded from transporter (1) A motor vehicle may be driven without registration on roads if— (a) the vehicle is driven for the purpose of loading it onto, or unloading it from, a transporter; and (b) the vehicle is driven not more than 500 metres from the transporter. (2) When a motor vehicle is being driven on a road as authorised by subsection (1), the policy of insurance in force under Part 4 in relation to the transporter is to be taken to be in force and extend in its coverage in relation to the vehicle being driven and its owner and driver and any passenger in or on it. (3) In this section— transporter means a motor vehicle (not including a towtruck but including a trailer attached to a motor vehicle) designed for the transportation of motor vehicles. 12—Exemption for certain trailers, agricultural implements and agricultural machines (1) An unregistered trailer, agricultural implement or prescribed agricultural machine may be towed on roads by a tractor or agricultural machine that is conditionally registered under section 25. (2) An unregistered agricultural implement or agricultural machine may be towed on roads by a registered motor vehicle. (2a) Subject to subsection (2b), a prescribed agricultural machine may be driven on roads without registration or insurance under Part 4. (2b) A prescribed agricultural machine must not be driven without registration or insurance under Part 4 on the carriageway of a road unless— (a) the prescribed agricultural machine is driven only— (i) to move the machine across the carriageway by the shortest possible route; or (ii) to move the machine from a point of unloading to a worksite by the shortest possible route; or (iii) to enable the machine to perform on the carriageway a special function that the machine is designed to perform; and (b) there is in force a policy of public liability insurance indemnifying the owner and any authorised driver of the prescribed agricultural machine in an amount of at least five million dollars in relation to death or bodily injury caused by, or arising out of, the use of the prescribed agricultural machine on a road. (2c) A person who drives a prescribed agricultural machine on a road without registration or insurance under Part 4 as authorised by this section must, if requested by a police officer to do so, produce evidence of the person's public liability insurance either— (a) forthwith to the police officer who made the request; or (b) within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request. Maximum penalty: $750. (3) While a trailer, agricultural implement or agricultural machine is on a road and is being towed, or is on a road and is connected to a vehicle for towing, as authorised under this section, the policy of insurance in force under Part 4 in relation to the towing vehicle is to be taken to extend in coverage so that it is also in force and applies in relation to the trailer, agricultural implement or agricultural machine and its owner and driver and any passenger in or on it. (4) In this section— prescribed agricultural machine means an agricultural machine that— (a) is designed mainly for use outside public road systems; and (b) when driven by its own automotive power, is capable of a speed not exceeding 7 kilometres per hour. 12A—Exemption of self-propelled wheelchairs from requirements of registration and insurance (1) A self-propelled wheelchair or any other motor vehicle (not being a motor car) of a prescribed class may be driven on roads without registration or insurance by a person who, because of some physical infirmity, reasonably requires the use of a wheelchair or such a motor vehicle. (2) A self-propelled wheelchair or other motor vehicle to which subsection (1) applies is to be taken to be subject to a policy of insurance in force under Part 4. 12B—Exemption of certain vehicles from requirements of registration and insurance (1) Subject to subsection (2), motor vehicles may be driven on roads without registration or insurance under Part 4 as follows: (a) a motor vehicle may be driven for the purpose of taking measures for extinguishing or controlling a fire that is causing or threatening to cause loss of life or injury or damage to persons, animals or property; (b) a motor vehicle may be driven on a wharf for the purpose of loading or unloading cargo; (c) a self-propelled lawn mower may be driven for the purpose of mowing lawn or grass or to or from a place at which it is to be, or has been, used for that purpose. (2) A motor vehicle must not be driven on roads without registration or insurance under Part 4 as authorised by subsection (1) unless there is in force a policy of public liability insurance indemnifying the owner and any authorised driver of the vehicle in an amount of at least five million dollars in relation to death or bodily injury caused by, or arising out of, the use of the vehicle on roads. (3) A person who drives a motor vehicle on a road without registration or insurance under Part 4 as authorised by this section must, if requested by a police officer to do so, produce evidence of the person's public liability insurance either— (a) forthwith to the police officer who made the request; or (b) within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request. Maximum penalty: $750. 16—Permits to drive vehicles without registration (1) Where— (a) the Registrar is unable to determine an application for registration of a motor vehicle without delay; or (b) the Registrar determines that an application for registration of a motor vehicle should be granted but is unable to effect registration without delay; or (c) the owner of a motor vehicle— (i) applies for a permit after the Registrar declines an application for registration of the vehicle; or (ii) applies for a permit authorising the vehicle to be driven on roads without registration in prescribed circumstances or in circumstances in which it is, in the opinion of the Registrar, unreasonable or inexpedient to require the vehicle to be registered, and pays the prescribed fee and the appropriate insurance premium, the Registrar may issue to the owner of the vehicle a permit, subject to such terms and conditions as the Registrar thinks fit to impose, authorising the vehicle to be driven on roads without registration during the period specified in the permit. (2) If the owner of a motor vehicle not previously registered in the owner's name, or a person acting on the owner's behalf, satisfies a police officer stationed at a police station situated outside a radius of 40 kilometres from the former General Post Office at Adelaide that— (a) an application for the registration of the vehicle, to commence as from a day not later than the issue of a permit under this subsection, has been made; and (b) the prescribed fee payable in respect of the registration of the vehicle has been paid; and (c) the appropriate insurance premium has been paid; and (d) the stamp duty (if any) payable on the application has been paid, the police officer may issue without fee to the owner of the vehicle a permit authorising the vehicle to be driven on roads without registration during the prescribed period. (3) A permit under this section will be in a form determined by the Minister. (4) Where a permit has been issued under this section, the motor vehicle to which the permit relates will, while the permit remains in force, be taken to be duly registered under this Act. (5) A policy of insurance under Part 4 is, subject to this Act, in force in respect of a motor vehicle for which a permit has been issued under this section from the time of the granting of the permit until— (a) where an application for registration of the vehicle made before the issue of the permit is subsequently granted—the expiration of the period for which the registration was applied for, and a further period of grace in accordance with that Part; or (b) in any other case—the expiration of the period for which the permit remains in force. (6) Where an application for registration made before the issue of the permit is subsequently granted, the registration will be taken to have commenced from the time of issue of the permit. (7) A permit issued under this section will cease to have any force or effect— (a) in the case of a permit issued under subsection (1)— (i) when information becomes publicly available (in a manner prescribed by regulation) that the motor vehicle has been registered; or (ii) when the period specified in the permit expires, whichever occurs first; (b) in the case of a permit issued under subsection (2)— (i) when information becomes publicly available (in a manner prescribed by regulation) that the motor vehicle has been registered; or (ii) on the expiration of the prescribed period, whichever occurs first. (8) A permit under this section must, throughout the period for which it remains in force, be carried, in accordance with the regulations, in the vehicle to which it relates. (9) A person must not drive on a road a motor vehicle in respect of which a permit under this section is in force unless the permit is carried in the vehicle in accordance with the regulations. Maximum penalty: $750. (10) If a condition of a permit under subsection (1) is contravened the Registrar may, by notice given to the holder of the permit in a manner and form determined by the Minister, revoke the permit. (11) A person who contravenes a condition of a permit under subsection (1) is guilty of an offence. Maximum penalty: $750. (12) If the Registrar is satisfied that a permit under subsection (1) has been lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate permit. (13) If a police officer stationed at a police station situated outside a radius of 40 kilometres from the former General Post Office at Adelaide is satisfied that a permit under subsection (2) has been lost or destroyed, the police officer may, on payment of the prescribed fee, issue a duplicate permit. (14) Where the Registrar or a police officer has, pending the determination of an application for registration of a motor vehicle, issued a permit under this section and the Registrar is subsequently unable to grant registration to the applicant, the Registrar may, by notice given to the applicant in a manner and form determined by the Minister, refuse the application for registration and refund such part of any fee and insurance premium paid as the Registrar thinks appropriate. (15) In this section— the prescribed period means a period determined by the Registrar after consulting the Commissioner of Police. 19A—Vehicles registered etc interstate or overseas (1) A motor vehicle may be driven in this State without registration under this Act if— (a) the garage address of the vehicle is outside this State and the vehicle is in this State for the purpose of temporary use; and (b) the vehicle— (i) is registered in another State or Territory of the Commonwealth or in a foreign country; or (ii) is permitted to be driven on roads within another State or Territory of the Commonwealth by virtue of a permit or other authority granted and in force under the law of that other State or Territory; and (c) any current registration label, certificate, card, permit and plate or plates that are required to be affixed to the vehicle if it is to be driven in accordance with the law of that other State or Territory or foreign country are duly affixed to the vehicle in accordance with that law; and (d) any conditions or restrictions imposed on the use of the vehicle by virtue of the law of that other State or Territory or foreign country are complied with; and (e) there is in force in relation to the vehicle a policy of insurance— (i) — (A) in the case of a vehicle registered in a foreign country—that complies with Part 4 of this Act; or (B) in any other case—that complies with the law of the State or Territory in which it is registered or permitted to be driven as referred to in paragraph (b)(ii); and (ii) under which the owner and driver of the vehicle are insured against liability that might be incurred in respect of death of, or bodily injury to, any person caused by, or arising out of the use of, the vehicle in this State. (2) A motor vehicle may be driven in this State without registration under this Act until the end of the prescribed period if— (a) — (i) while the vehicle is in this State for temporary use as referred to in subsection (1), the garage address of the vehicle ceases to be outside this State; or (ii) the vehicle is brought into this State for use from a garage address in this State; and (b) the requirements of subsection (1)(b) to (e) (inclusive) are satisfied in relation to the vehicle. (3) In this section— prescribed period means— (a) the period of 90 days from the date on which the garage address of the motor vehicle ceases to be outside this State or the vehicle is brought into this State for use from a garage address in this State; or (b) the period ending on the day on which the registration, permit or other authority by virtue of which the motor vehicle is permitted to be driven on roads in another State or Territory or in a foreign country expires, whichever is the lesser period. Division 3—Registration procedure 20—Application for registration (1) An application for registration of a motor vehicle must— (a) be made in a manner and form determined by the Minister; and (b) state correctly— (i) in the case of an application other than for renewal of registration—the following particulars: (A) the full name of the owner of the vehicle; (B) if the owner of the vehicle is a natural person—the address at which the owner is ordinarily resident; (C) if the owner of the vehicle is a body corporate—the address of the principal place of business in this State of the body corporate; (D) the full name of the operator of the vehicle (whether or not that person is the owner or an owner of the vehicle); (E) if the operator is not the owner or an owner of the vehicle and is a natural person—the address at which that person is ordinarily resident; (F) if the operator is not the owner or an owner of the vehicle and is a body corporate—the address of the principal place of business in this State of the body corporate; (G) the garage address of the vehicle; (H) in the case of an application relating to a heavy vehicle—the configuration of the vehicle for the period of registration; or (ii) in the case of an application for renewal of registration—the particulars prescribed by the regulations; and (c) include such other information as the Minister may require. (1a) If application is made for the registration of a motor vehicle that has been taken on hire, the Registrar may dispense with— (a) the requirement that the application state the name and address of any owner of the vehicle other than the person who has taken the vehicle on hire; or (b) the requirement that the application state the name and address of the person who has taken the vehicle on hire, as the Registrar thinks fit. (2) At the time of making the application— (a) the prescribed fee; and (b) the appropriate insurance premium; and (ba) the appropriate LSS Fund levy; and (c) the stamp duty (if any) payable on the application, must be paid to the Registrar. (2a) Where an application to register a motor vehicle falsely states the name of the owner or the operator of the vehicle, any registration of the motor vehicle pursuant to that application is void and of no effect. (3) An application cannot be made or granted for— (a) a person under the age of 18 years to be registered as the owner or operator of a heavy vehicle; or (b) a person under the age of 16 years to be registered as the owner or operator of a motor vehicle other than a heavy vehicle; or (c) the registration of a motor vehicle with a garage address outside this State. (4) If the Registrar purports to register a motor vehicle upon an application that is invalid by reason of subsection (2a) or (3), a policy of insurance under Part 4 will, notwithstanding the invalidity of the registration, come into operation in respect of the motor vehicle as if it had been validly registered. 21—Power of Registrar to decline application Where application for registration of a motor vehicle is made and— (a) the application is not entirely in order; or (b) the full amount payable to the Registrar in respect of the application has not been paid; or (c) the applicant is, at the time of lodging the application, unable to supply all the information required for the Registrar to assess the fee or determine the application; or (d) the Registrar has refused to determine the application until the particulars disclosed in the application are verified; or (e) a court has ordered that the vehicle not be registered until some condition is complied with and the condition has not been complied with, the Registrar may decline the application and return or refund any prescribed registration fee and insurance premium paid in respect of the application. 22—Registrar may require applicant to supply information The Registrar may require a person applying for the registration of a motor vehicle or a permit to provide satisfactory evidence by statutory declaration, weighbridge note or other means as to— (a) any facts upon which the amount of any payment to be made to the Registrar for, or in respect of, registration or insurance depends; or (b) any facts by reason of which the applicant is entitled to be granted registration of the vehicle or a permit without payment of a fee; or (c) any matter in relation to which information is required to be disclosed in the application. 23—Refusal to register unfit vehicles If a court has ordered that a vehicle not be registered until some condition is complied with, the Registrar must not register that vehicle until satisfied that that condition has been complied with. 23A—Information required before registration of new vehicles (1) The Registrar must not register a new motor vehicle unless a report containing the particulars prescribed by regulation has been received in relation to that motor vehicle. (2) A person must not sell, by retail, a new motor vehicle unless a report referred to in subsection (1) has been lodged with the Registrar in relation to that motor vehicle. Maximum penalty: $750. (3) In this section— new motor vehicle means a motor vehicle that has not previously been registered under this Act or the law of any other State or Territory of the Commonwealth. 24—Duty to grant registration (1) On application duly made and payment of the prescribed fee, the appropriate insurance premium, the appropriate LSS Fund levy and the stamp duty (if any) payable on the application, the Registrar must, subject to this Act— (a) register the motor vehicle in the register of motor vehicles— (i) for a period of— (A) in the case of a heavy vehicle—12 months or 1, 2 or 3 quarters; or (B) in any other case—12 months or 1 quarter; or (ii) where the Registrar considers it necessary to do so to achieve a common day of expiry of the registration of a number of motor vehicles (being a number that equals or exceeds a number to be determined by the Registrar)—for a period expiring on a day fixed by the Registrar or nominated by the applicant in the application as a common day of expiry in relation to those motor vehicles; or (iii) where the Registrar considers it appropriate in the circumstances to register the vehicle for some other period nominated by the applicant in the application—for that nominated period, at the option of the applicant; and (b) record in the register of motor vehicles as the owner of the vehicle the person stated in the application to be the owner of the vehicle and as the operator of the vehicle the person stated in the application to be the operator of the vehicle. (1a) Despite subsection (1), the Registrar may register a motor vehicle for a period less than a period referred to in subsection (1)(a)(i) where the registration of the vehicle has been cancelled and application for registration is being made before the day on which the previous registration would, but for cancellation, have expired. (1b) The registration of a motor vehicle may be renewed despite the expiry of the previous registration provided that— (a) the person stated in the application for renewal to be the owner of the vehicle is the person last recorded in the register of motor vehicles as the owner of the vehicle; and (b) the application for renewal is made— (i) in the case of an application for renewal of registration for a period referred to in subsection (1)(a)(i) or (ii)—within 90 days after the expiry of the previous registration; or (ii) in any other case—within 12 months after the expiry of the previous registration. (1c) Notwithstanding the renewal of the registration of a motor vehicle pursuant to subsection (1b), the vehicle is not, for the purposes of this Act, to be taken as registered during the period between expiry of the previous registration and that renewal. (2) The Registrar may refuse to register a motor vehicle pending investigations (which may include examination of the vehicle)— (a) to verify any information disclosed in the application or any evidence provided by the applicant in response to any requirement of the Registrar under this Act; or (b) to ascertain whether— (i) the vehicle complies with an Act or law that regulates the design, construction or maintenance of such a vehicle; or (ii) the vehicle would, if driven on a road, put the safety of persons using the road at risk; or (iii) the vehicle or part of the vehicle is or may be stolen. (3) The Registrar may refuse to register a vehicle if— (a) the Registrar reasonably believes that information disclosed in the application or any evidence provided by the applicant in response to a requirement of the Registrar under this Act is or may be inaccurate, incomplete or misleading; or (b) the vehicle— (i) does not comply with an Act or law that regulates the design, construction or maintenance of such a vehicle; or (ii) would, if driven on a road, put the safety of persons using the road at risk; or (c) the Registrar reasonably believes that the vehicle or part of the vehicle is or may be stolen; or (ca) the vehicle is of a class prescribed for the purposes of this section; or (d) registration of the vehicle in another State or Territory of the Commonwealth has been cancelled or suspended for reasons that still exist; or (e) there are unpaid fines or pecuniary penalties arising out of the use of the vehicle in another State or Territory of the Commonwealth. (4) The Registrar must refuse to register a vehicle if— (a) the vehicle is a vehicle of a class prescribed for the purposes of section 139(1)(c); and (b) the vehicle has been examined under section 139; and (c) the Registrar reasonably believes that because the vehicle does not comply with an Act or law that regulates the design, construction or maintenance of such a vehicle, the vehicle would, if driven on a road, put the safety of persons using the road at risk. (5) The Registrar may refuse to register a motor vehicle if the Registrar has made a decision under section 71C in relation to the vehicle and the reasons for that decision still exist. Division 3A—Periodic payments 24A—Registrar may accept periodic renewal payments (1) The Registrar may, by notice in the Gazette, determine a scheme (the periodic payment scheme) for periodic payment, by debit to a nominated ADI account, of— (a) registration renewal fees under this Act; and (b) other amounts payable on renewal of the registration of a motor vehicle under this or any other Act. (2) Without limiting the periodic payment scheme, the terms of the scheme must set out— (a) how a person can apply to participate in the scheme; and (b) how a person can cancel the person's participation in the scheme; and (c) when a person's participation in the scheme may be cancelled by the Registrar; and (d) the period prior to the expiry of the registration of the motor vehicle before which the debit must occur; and (e) details of the consequences of failing to comply with the scheme. (3) The Registrar may, by further notice in the Gazette, vary, substitute or revoke the periodic payment scheme. (4) The periodic payment scheme may be of general or limited application (and may, to avoid doubt, exclude specified classes of motor vehicles or registrations from its operation). (5) The provisions of this Act will, by force of this subsection, be taken to be modified to the extent necessary to give effect to the periodic payment scheme. Note— For example, the provisions o