Victorian Current Acts Victorian Current Acts(1) No duty is chargeable under this Chapter on an application for registration or transfer of registration of a wheelchair accessible motor vehicle if the Commissioner is satisfied that—
(a) the vehicle is registered under Part 3 of the Commercial Passenger Vehicle Industry Act 2017 and will be lawfully used to provide unbooked commercial passenger vehicle services within the specified period; or
(b) the vehicle will be registered under Part 3 of the Commercial Passenger Vehicle Industry Act 2017 and will be lawfully used to provide unbooked commercial passenger vehicle services within the specified period.
(2) Subsection (1) does not apply to an application for a transfer of registration that is made 2 years or more after the date on which the vehicle was first registered in Victoria or elsewhere.
(3) A person who has received an exemption from the payment of duty because the Commissioner was satisfied about the matters in subsection (1)(a) must, within the specified period—
(a) provide the Commissioner with evidence that the vehicle is able to be lawfully used to provide unbooked commercial passenger vehicle services; or
(b) lodge a written notice with the Commissioner that the vehicle is not able to be lawfully used to provide unbooked commercial passenger vehicle services.
(4) A person who has received an exemption from the payment of duty because the Commissioner was satisfied about the matters in subsection (1)(b) must, within the specified period—
(a) provide the Commissioner with evidence that the vehicle is registered under Part 3 of the Commercial Passenger Vehicle Industry Act 2017 and is able to be lawfully used to provide unbooked commercial passenger vehicle services; or
(b) lodge a written notice with the Commissioner that the vehicle has not been registered under Part 3 of the Commercial Passenger Vehicle Industry Act 2017 or is otherwise not able to be lawfully used to provide unbooked commercial passenger vehicle services.
(5) The Commissioner, with respect to an application for registration or transfer of registration of a wheelchair accessible motor vehicle, may approve, on request, a period that is longer than 3 months from the date of the application for the purposes of this section.
(6) The Commissioner may approve a period under subsection (5)—
(a) at the time the Commissioner considers the matters referred to in subsection (1); or
(b) at any subsequent time, if a request was made before the expiry of 3 months from the date of the application.
(7) If the Commissioner approves a period under subsection (5) after the expiry of 3 months from the date of the application, the specified period is taken to have continued between—
(a) the expiry of the 3 month period; and
(b) the date on which the Commissioner approved a longer period.
(8) If a person received an exemption from the payment of duty under subsection (1) and, after the end of the specified period, the vehicle is not registered under Part 3 of the Commercial Passenger Vehicle Industry Act 2017 or is otherwise not able to be lawfully used to provide unbooked commercial passenger vehicle services—
(a) the application for registration or transfer of registration of the vehicle is chargeable with duty; and
(b) the Commissioner may reassess duty on the application for registration or transfer of registration.
(9) In this section—
"specified period" means—
(a) a period of 3 months from the date of an application for registration or transfer of registration; or
(b) a longer period from the date of an application for registration or transfer of registration approved by the Commissioner under subsection (5);
unbooked commercial passenger vehicle service has the same meaning as in section 3 of the Commercial Passenger Vehicle Industry Act 2017 ;
"wheelchair accessible motor vehicle" means a motor vehicle—
(a) that is specially converted to provide wheelchair access to and egress from the vehicle; and
(b) that is capable of carrying at least one occupied wheelchair.
S. 233D inserted by No. 85/2005 s. 13.