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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Periodic Payments) Amendment
Bill 2013
A BILL FOR
An Act to amend the Motor
Vehicles Act 1959; and to make related amendments to the Stamp
Duties Act 1923.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4Insertion of Part 2 Division 3A
Division 3A—Periodic
payments
24ARegistrar may
accept periodic renewal payments
5Amendment of section
99A—Insurance premium to be paid on applications for
registration
Schedule 1—Related amendments to
Stamp Duties Act 1923
1Amendment of Schedule 2—Stamp duties
and exemptions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Periodic Payments)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
4—Insertion
of Part 2 Division 3A
After section 24 insert:
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 his or her 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 of section 24 that provide for a minimum
registration period of 1 quarter will be taken to be modified to allow a
registration period of 1 month if the scheme provides for such a
period.
(6) If a person applies to participate in the periodic payment scheme in
respect of a specified motor vehicle, the Registrar may—
(a) accept the person's application to participate in the scheme in
respect of the motor vehicle; and
(b) renew the registration of the motor vehicle from time to time in
accordance with the scheme until the person's participation in the scheme in
respect of the motor vehicle is cancelled.
(7) A person's participation in the periodic payment scheme in respect of
a particular motor vehicle is cancelled if—
(a) the person applies to have his or her participation in the scheme
cancelled; or
(b) the registration of the motor vehicle is cancelled under this Act;
or
(c) the registration of the motor vehicle is transferred to a different
person under this Act; or
(d) the person lodges with the Registrar a notice of the transfer of
ownership of the motor vehicle in accordance with section 56(b)(ii);
or
(e) the Registrar cancels the person's participation in the scheme in
accordance with the scheme.
(8) A person who is a
participant in the periodic payment scheme in respect of a particular motor
vehicle must, in accordance with the scheme, notify the Registrar of any change
in—
(a) the person's personal particulars or circumstances that may affect an
amount to be paid in respect of the registration of the motor vehicle;
or
(b) such other information or circumstances as may be specified under the
scheme for the purposes of this subsection.
(9) A person who refuses or fails to comply with
subsection (8) is
guilty of an offence.
Maximum penalty: $1 250.
(10) An application under this section or for the purposes of the periodic
payment scheme must be made in accordance with the scheme.
(11) If registration renewal fees or other amounts payable on renewal of
the registration of a motor vehicle fee are debited to an account in accordance
with the periodic payment scheme, the Registrar may (but is not, in any
circumstances, required to) refund the whole or part of the amount so debited
(including, to avoid doubt, where the person's participation in the scheme has
been cancelled after the amount has been so debited).
(12) Without limiting any other provision of this Act, the Registrar may
give any notice under this section, or under the periodic payment scheme, to a
participant in the periodic payment scheme by email, text message or other
electronic form of communication.
(13) For the purposes of this section, a reference to an ADI account
includes a reference to a credit card account.
5—Amendment
of section 99A—Insurance premium to be paid on applications for
registration
Section 99A—after subsection (2) insert:
(2a) For the purposes of subsections (1) and (2), if a person is
a participant in the periodic payment scheme under section 24A in respect
of a particular motor vehicle—
(a) the time of application in relation to a particular renewal will be
taken to be the time when an amount for renewal of registration in accordance
with the scheme is debited to the nominated account; and
(b) without limiting subsection (3), the approved insurer selected by
the person to be the insurer in his or her most recent application for
registration of the vehicle will be taken to be the insurer in terms of the
policy of insurance.
Schedule 1—Related
amendments to Stamp
Duties Act 1923
1—Amendment
of Schedule 2—Stamp duties and exemptions
(1) Schedule 2 Part 1 clause 2(3)—before paragraph (a)
insert: