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VEHICLE AND TRAFFIC AMENDMENT (WRITTEN-OFF VEHICLES) BILL
2013
CLAUSE NOTES
Clause 1 Short title and citation.
Clause 2 The Act is to commence on a day to be proclaimed.
Clause 3 The Principal Act is the Vehicle and Traffic Act 1999.
1
Clause 4(a) Omits the definition of `statutory write-off' from subsection (1)
and substitutes a new definition that provides that a statutory
write-off means a vehicle that
(i) under paragraph (a) has been assessed by a prescribed
person as a total loss. A prescribed person is defined in
Regulation 76 of the Vehicle and Traffic (Driver
Licensing and Vehicle Registration) Regulations 2010
as an insurer, a loss assessor, a dealer, an auto-parts
dismantler or an auction house.
(ii) under paragraph (b) has been assessed by a prescribed
person as only suitable for dismantling and processing
as scrap. This goes further than (a) because vehicles
assessed as total losses can be either repairable or
statutory write-offs. The assessment as only suitable for
dismantling and processing as scrap clarifies and
confirms that the vehicle cannot be repaired.
(iii) under paragraph (c) has been assessed in accordance
with the Technical Guide.
2
The Technical Guide is the Damage Assessment
Criteria for the Classification of Statutory Write-Offs
approved by Austroads. It applies engineering
principles to consistently identify and appropriately
classify those Written-Off Vehciles that should not be
repaired on safety grounds .
Clause 4(b) Omits the words "or a statutory write-off" from
subsection (2) as the new Technical Guide is the sole
basis for determining whether a vehicle is a statutory
write-off.
Clause 4(c) Inserts a new subsection (3) which provides that if a
vehicle is assessed as a repairable write-off before this
legislation commences, that classification shall continue
after the commencement of the legislation. This will
ensure that persons purchasing repairable written-off
vehicles prior to the legislation commencing will not
suffer any loss if, for any reason, the vehicle is assessed
again post introduction of the legislation and it is
determined that it is a statutory write-off under the
Technical Guide.
3
Clause 5 Repeals this amending Act one year from the date of its
commencement. Note that the contents of this amending
Act will have been incorporated into the Vehicle and
Traffic Act 1999.
4