Vehicle and Traffic (Transitional and Consequential) Act 1999
An Act to make transitional provisions, repeals and amendments consequential on the enactment of the Vehicle and Traffic Act 1999
[Royal Assent 15 December 1999]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Vehicle and Traffic (Transitional and Consequential) Act 1999 .
This Act commences on a day or days to be proclaimed.
PART 2 - Transitional Provisions
(1) In this Part –commencement day means the day on which the provision in which the expression is used commences;former Motor Vehicles Taxation Act provisions means the provisions of the repealed Motor Vehicles Taxation Act 1981 and of the regulations under that Act;former provisions means the former Motor Vehicles Taxation Act provisions and the former Traffic Act provisions or any of those provisions;former Traffic Act provisions means the provisions of the Traffic Act 1925 repealed by this Act and of the regulations relating to those provisions;new Act means the Vehicle and Traffic Act 1999 .(2) Words and expressions used in this Part that are defined in the new Act have, unless the contrary intention appears, the same meanings as in the new Act.
4. Continuation of registration
(1) If a vehicle was registered under the former Traffic Act provisions immediately before the commencement day, the registration continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed, as if the vehicle had been registered under the new Act.(2) Any conditions or restrictions of the registration remain in force, subject to the new Act, as if they were conditions imposed under the new Act.(3) The registered owner of a vehicle registered under the former Traffic Act provisions immediately before the commencement day is to be regarded as the registered operator as from the commencement day and continues, subject to this section and the new Act, to be the registered operator of the vehicle (even though the registered owner might not be eligible to be nominated as the registered operator under the new Act).(4) If 2 natural persons become the registered operators of a vehicle under subsection (3) –(a) they may, at any time before a nomination is required under subsection (5) , lodge a notice of nomination, in a form approved by the Registrar, nominating one of them to be the registered operator; and(b) the person so nominated continues, subject to the new Act, as the sole registered operator of the vehicle.(5) A person who is eligible to be the registered operator of the vehicle is to be nominated as the registered operator of the vehicle –(a) in the first application for renewal of registration after the commencement day or in a notice of nomination, in a form approved by and lodged with the Registrar within 21 days after the date of the application; or(b) if there is an earlier application for transfer of the registration – in that earlier application.(6) The following provisions apply if a nomination is not made in accordance with subsection (5) :(a) in the case of an application for transfer of registration made before the registration first falls due for renewal after the commencement day – the transfer is not to be registered until a person who is eligible to be the registered operator is nominated as the registered operator;(b) in the case of an application for renewal of the registration of a heavy vehicle, the registration is, subject to the new Act, to be renewed as from the end of the previous registration period but in that case –(i) if one natural person is recorded in the register as the registered operator (formerly the registered owner) of the vehicle – that person will continue, subject to the new Act, as the registered operator of the vehicle; and(ii) if 2 natural persons are recorded in the register as the registered operator (formerly registered owner) of the vehicle – the Registrar is to select one who is eligible to be the registered operator as the registered operator and that person will continue, subject to subsection (8) and the new Act, as the sole registered operator of the vehicle; and(iii) if a body corporate, a government department or State authority is recorded in the register as the registered operator (formerly registered owner) of the vehicle – it will continue, subject to the new Act, as the registered operator of the vehicle; and(iv) if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, but a natural person or a body corporate was immediately before the commencement day recorded in the register as being responsible for the vehicle – the natural person or body corporate will become the registered operator of the vehicle; and(v) if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, and there is no record of a natural person or body corporate that can become the registered operator under subparagraph (iv) – the Registrar is to suspend the registration until a person or body that is eligible to be the registered operator of the vehicle is nominated as such;(c) in the case of an application for renewal of the registration of a light vehicle, the registration is, subject to the new Act, to be renewed as from the end of the previous registration period without change of registered operator, but if none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of the vehicle is eligible to be the registered operator of the vehicle, the following provisions apply:(i) if a natural person or body corporate was immediately before the commencement day recorded in the register as being responsible for the vehicle – the natural person or body corporate will become the registered operator of the vehicle;(ii) if there is no record of a natural person or body corporate that can become the registered operator under subparagraph (i) – the Registrar is to suspend the registration until a person or body that is eligible to be the registered operator of the vehicle is nominated as such.(7) Despite subsection (6) , if the registered operator (formerly registered owner) of a vehicle is –the Registrar may select a person recorded in the register as being responsible for the vehicle or any other person associated with the unincorporated club, trust or association or the business whom the Registrar considers appropriate as the registered operator of the vehicle.(a) an unincorporated club, trust or association; or(b) recorded in the register under a business name –(8) In any case in which the Registrar is empowered to select a person to be the registered operator of a vehicle, the persons recorded in the register as the registered operator (formerly registered owner) of the vehicle may, before or within 3 months after a selection is made, nominate one of them as the registered operator and, in that event, the person nominated will, if eligible to be the registered operator of the vehicle, become and continue, subject to the new Act, as the registered operator (to the exclusion, if a selection has already been made, of the person selected by the Registrar).(9) If none of the persons or bodies recorded in the register as the registered operator (formerly registered owner) of a vehicle is eligible to be the registered operator of the vehicle and a natural person or body corporate who is recorded in the register as being responsible for the vehicle becomes the registered operator under subsection (6)(b)(iv) or subsection (6)(c)(i) , the former registered owner may, within 3 months after that person becomes the registered operator, nominate a person to be the registered operator of the vehicle and, in that event, the person nominated will, if eligible to be the registered operator of the vehicle, become and continue, subject to the new Act, as the registered operator (to the exclusion of the person who became the registered operator under subsection (6)(b)(iv) or subsection (6)(c)(i) ).(10) A natural person who is the registered owner of a heavy vehicle under the former Traffic Act provisions on the commencement day is eligible to be the registered operator of that vehicle even though he or she has not attained the age of 18 years.(11) If the registration of a vehicle expired 3 months or less before the commencement day, the registration may, if an application for renewal of the registration is made no later than 3 months after the date of expiry, be renewed under the new Act.(12) If, as at the commencement day, a vehicle formerly registered under the Traffic Act provisions was unregistered, the former registered owner of the vehicle will be regarded as its registered operator until registration of the vehicle is next granted or renewed or the former registered owner gives the Registrar notice, in a form approved by the Registrar, that he or she has ceased to be responsible for the vehicle (whichever happens first) but, in the case of an unregistered heavy vehicle with 2 former registered owners, the Registrar may select one of them to be regarded as the registered operator and, in that event, the person selected will be regarded as the registered operator during the relevant period.(13) If a vehicle was registered under the former Traffic Act provisions, an address in Tasmania is to be nominated as the vehicle's garage address –(a) in the first application for renewal of registration after the commencement day or in a notice of nomination, in a form approved by and lodged with the Registrar within 21 days after the date of the application; or(b) if there is an earlier application for transfer of the registration – in that earlier application.(14) If a nomination is not made as required by subsection (13) –(a) in the case of an application for transfer of the registration made before the registration first falls due for renewal after the commencement day – the transfer is not to be registered until a garage address is nominated; or(b) in the case of an application for renewal of registration, the registration is, subject to the new Act, to be renewed but in that case –(i) if the registered operator has a residential address in Tasmania – the Registrar may select the address as the vehicle's garage address; or(ii) if not – the Registrar is to suspend the registration until an address in Tasmania is nominated as the vehicle's garage address.(15) If a motor vehicle or a trailer was required to be registered under the former Traffic Act provisions but is not required to be registered under the new Act –(a) the registration is cancelled on the commencement day; and(b) the registered operator is entitled to a refund of part of the prescribed fees paid under the former Traffic Act provisions when the vehicle was last registered or its registration was last renewed, determined on a basis approved by the Registrar.(16) If a motor vehicle or a trailer was not required to be registered under the former Traffic Act provisions but is required to be registered under the new Act –(a) the vehicle is exempt from registration under the new Act for 6 months after the commencement day; and(b) during that period, the former Traffic Act provisions that were applicable to the vehicle continue to apply in relation to the vehicle.(17) If a vehicle registered in another State or a Territory or in a foreign country was, immediately before the commencement day, exempt from registration under the former Traffic Act provisions because of its registration in that other State, Territory or country, the exemption continues in force, subject to the relevant former Traffic Act provisions, as an exemption from the requirement to be registered under the new Act until it expires or is terminated under the former Traffic Act provisions.
5. Certificates of registration, registration labels and number plates
(1) A certificate of registration, a registration label or a number plate which was issued under the former Traffic Act provisions and was in force immediately before the commencement day, is taken to be a certificate of registration, registration label or number plate issued under the new Act (despite any non-conformity with the requirements of the new Act).(2) A registration label issued under the former Traffic Act provisions is taken to be properly displayed as required by the new Act (despite any actual non-conformity with the requirements of the new Act) if it is displayed as required by the former Traffic Act provisions.
6. General identification marks to be regarded as trade plates
(1) A general identification mark which was in force under the former Traffic Act provisions immediately before the commencement day is taken to be a trade plate issued under the new Act and it continues in force, subject to the new Act, for the balance of the period for which it was issued but it must, for the balance of that period, be properly displayed as required by the former Traffic Act provisions.(2) Any conditions or restrictions affecting the use of the general identification mark continue in force as if they were conditions imposed under the new Act.
7. Short term permits to be taken to be short term unregistered vehicle permits
(1) A short term permit authorising the use of an unregistered vehicle on public streets which was in force under the former Traffic Act provisions immediately before the commencement day, is taken to be a short term unregistered vehicle permit issued under the new Act and it continues in force, subject to the new Act, for the balance of the period for which it was issued but it must, for the balance of that period, be properly displayed as required by the former Traffic Act provisions.(2) Any conditions or restrictions affecting the use of a vehicle under a short term permit continue in force as if they were conditions imposed under the new Act.
A temporary upgrade permit which was in force under the former Motor Vehicles Taxation Act provisions immediately before the commencement day is taken to be a temporary upgrade permit issued under the new Act and it continues in force, subject to the new Act, for the balance of the period for which it was issued.
9. Continuation of GVM and GCM
(1) A determination of the GVM or GCM of a vehicle under the former Traffic Act provisions is taken to be the vehicle's GVM or GCM under the new Act until the Registrar determines otherwise.(2) A determination of the GTM (Gross Trailer Mass) of a vehicle made under the former Traffic Act provisions is taken, for the purposes of subsection (1) , to be a determination of the vehicle's GVM.
The nominated configuration for a heavy vehicle as recorded in the register immediately before the commencement day –(a) is taken to be a configuration nominated by the registered operator of the vehicle under the new Act; and(b) continues as the vehicle's nominated configuration under the new Act until the registered operator changes it in accordance with the new Act.
11. Continuation of driver licences
(1) A driver's licence that was in force under the former Traffic Act provisions immediately before the commencement day continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed as if it were a driver licence of the corresponding class issued under the new Act.(2) Any conditions or restrictions of the licence remain in force, subject to the new Act, as if they were conditions imposed under the new Act.(3) If, before the commencement day, the holder of a motor cycle licence drove, under the authority of the licence, a motor vehicle for which a car licence is required under the new Act, the licence continues to authorise the holder to drive the same vehicle, or a vehicle of the same kind, until –(a) if the first renewal of the licence after the commencement day falls due at least 6 months after the commencement day –(i) the date on which the first renewal falls due; or(ii) an earlier date notified by the Registrar to the holder of the licence; or(b) in any other case – a date notified by the Registrar to the holder of the licence.(4) If, before the commencement day, the holder of a car licence drove, under the authority of the licence, a motor vehicle for which a motor cycle licence is required under the new Act, the licence continues to authorise the holder to drive the same vehicle, or a vehicle of the same kind, until –(a) if the first renewal of the licence after the commencement day falls due at least 6 months after the commencement day –(i) the date on which the first renewal falls due; or(ii) an earlier date notified by the Registrar to the holder of the licence; or(b) in any other case – a date notified by the Registrar to the holder of the licence.(5) A driver's licence issued under the former Traffic Act provisions that continues in force as a driver licence under this section is taken (despite any actual non-conformity) to comply with the requirements of the new Act as to its form and content.(6) A person who was, immediately before the commencement day, authorised to drive a motor vehicle under the former Traffic Act provisions because he or she held an authority to drive a motor vehicle issued under the law of another State or a Territory or of a foreign country is, subject to the new Act, exempt from the requirement to hold a driver licence under the new Act for the balance of the period for which the authorisation under the former Traffic Act provisions would, assuming those provisions had continued in operation, have continued.
12. Driving instructor's licence
(1) A driving instructor's licence authorising the holder to provide driving instruction for reward which was in force under the former Traffic Act provisions immediately before the commencement day continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed as if it were an ancillary certificate under the new Act authorising the holder to provide driving instruction for reward.(2) Any conditions or restrictions of the driving instructor's licence remain in force, subject to the new Act, as if they were conditions of the ancillary certificate imposed under the new Act.(3) A driving instructor's licence issued under the former Traffic Act provisions that continues in force as an ancillary certificate under this section is taken (despite any actual non-conformity) to comply with the requirements of the new Act as to its form and content.
13. Certificates authorising driving of public passenger vehicles
(1) A certificate authorising the holder to drive a public passenger vehicle which was in force under the former Traffic Act provisions immediately before the commencement day continues in force, subject to the new Act, for the balance of the period for which it was issued or last renewed as if it were an ancillary certificate under the new Act authorising the holder to drive a public passenger vehicle.(2) Any conditions or restrictions of the certificate remain in force, subject to the new Act, as if they were conditions of the ancillary certificate imposed under the new Act.(3) A certificate authorising the holder to drive a public passenger vehicle issued under the former Traffic Act provisions that continues in force as an ancillary certificate under this section is taken (despite any actual non-conformity) to comply with the requirements of the new Act as to its form and content.(4) [Section 13 Subsection (4) omitted by No. 42 of 2000, s. 4, Applied:14 Aug 2000] . . . . . . . .
14. Registrar of Motor Vehicles
(1) The person occupying the position of Registrar of Motor Vehicles immediately before the commencement day continues, subject to the Tasmanian State Service Act 1984 , in that position.(2) A reference in any statutory instrument, contract or other instrument to the Motor Registry, the Commission or to a registering authority in connection with vehicle registration, motor tax or driver licensing is to be read and construed as a reference to the Registrar of Motor Vehicles.
15. Preservation of administrative decisions and acts
(1) Any administrative act or decision done or made before the commencement day for the purposes of the former provisions is effective (so far as relevant and applicable) subject to, and for the purposes of, the corresponding provisions of the new Act.(2) Subject to subsection (3) , any application made, or notice given, under the former provisions may be dealt with under the corresponding provisions of the new Act.(3) An application for the renewal of a driver's licence under the former Traffic Act provisions that was received but not decided by the Registrar before the commencement day is taken to be an application for the renewal of a driver licence of the corresponding class under the new Act but is to be dealt with and determined under the former Traffic Act provisions as if those provisions had not been repealed and continued to govern the determination of the application.(4) Any administrative act or administrative proceeding commenced (but not completed) under the former provisions may be continued and completed under the corresponding provisions of the new Act.(5) Any delegation of powers or functions made by the Commission or the Registrar of Motor Vehicles under the former provisions or the Transport Act 1981 continues in force, subject to the new Act, as if it were a corresponding delegation of powers or functions by the Registrar under the new Act.(6) Any agreement made by the Commission about the exercise of delegated powers or functions continues in force and is binding on the Registrar.
(1) Demerit points recorded against a person under the former demerit points provisions continue, subject to this section and the new Act, as demerit points for the purposes of the new Act.(2) Demerit points may be recorded under the new Act in respect of offences committed before the commencement day.(3) The former demerit points provisions continue in operation in relation to the following:and those provisions continue to apply until the end of any relevant probationary period or period of licence disqualification.(a) a person subject to a probationary period or a period of licence disqualification that had commenced under those provisions but had not been completed before the commencement day;(b) a person who would, assuming those provisions had not been repealed, have become liable to licence disqualification as a result of the accumulation of demerit points in respect of offences committed before the commencement day –(4) For the purposes of subsection (3) , a relevant probationary period or period of licence disqualification is –(a) a probationary period or period of licence disqualification that commenced under the former demerit points provisions before the commencement day; or(b) a probationary period or period of licence disqualification that commenced under the former demerit points provisions after the commencement day because of the accumulation of demerit points relating to offences committed before the commencement day; or(c) a period of licence disqualification (for 6 months) that commenced under the former demerit points provisions after the commencement day because of the accumulation of demerit points (relating to offences committed before, on or after the commencement day) during a probationary period.(5) In this section –former demerit points provisions means the former Traffic Act provisions relevant to the demerit points scheme established under those provisions;licence disqualification means a disqualification from holding or obtaining a driver's licence under the former demerit points provisions.
17. Continuation of requirements
(1) A requirement imposed under the former provisions continues in force for the purposes of the corresponding provisions of the new Act.(2) If a defect notice, a defect order, a discontinuance notice or a discontinuance order was issued but not finally dealt with under the former Traffic Act provisions before the commencement day, those provisions continue in force for the purposes of the enforcement of the notice or order.
18. Continuation of evidentiary and other certificates
(1) If a certificate or other document was issued under the former provisions, and evidentiary value was assigned to the certificate or other document by those provisions, it continues in force for the purposes of the corresponding provisions of the new Act as if it were an evidentiary certificate issued under the new Act.(2) Any other certificate or document issued under, or for the purposes of, the former provisions continues in force for the purposes of the new Act as if it had been issued under, or for the purposes of, the corresponding provisions of the new Act.
A register that was kept under the former Traffic Act provisions immediately before the commencement day is taken to be a register under the new Act.
(1) A liability for motor tax, fees or any other monetary amount that had accrued under the former provisions before the commencement day may be enforced under the former provisions (which continue in force to the necessary extent).(2) Proceedings for an offence alleged to have been committed before the commencement day may (subject to any relevant time limitation for commencing such proceedings) be taken under the former provisions on or after the commencement day (and the former provisions continue in force to the necessary extent for dealing with any such offence).(3) Any legal proceedings (whether civil or criminal) that had been commenced, but not completed, before the commencement day may be continued and completed under the former provisions (which continue in force to the necessary extent).
21. Property in documents, &c., issued under former provisions
The property in any document, plate or device issued under the former provisions is vested in the Registrar.
(1) The Governor may make regulations of a savings or transitional nature.(2) A provision of a regulation made under this section may, if the regulation so provides, operate retrospectively from the commencement day or a specified later date.
PART 3 - Consequential Amendments
23. Motor Vehicles Taxation Act 1981 repealed
The Motor Vehicles Taxation Act 1981 is repealed.
See Schedule 1 .
SCHEDULE 1 - Consequential AmendmentsThe amendments effected by Section 24 and this Schedule have been incorporated into the authorised version of the appropriate Acts.