(1) In this section
—
car or bus means a motor vehicle, other than a
motor cycle, or a motorised wheelchair, built mainly to carry people and
includes the type of vehicle known as a utility;
de facto partners of 2 years has the meaning given
in section 9;
goods vehicle means a motor vehicle built or
modified to be used primarily to carry goods or materials used in any trade,
business or industry;
motor cycle means a motor vehicle, other than a
motorised wheelchair or a goods vehicle, that is not equipped with a permanent
cab and cab roof and that —
(a) is
designed to travel on 2 wheels or, with a sidecar attached, 3 wheels; or
(b) has
3 wheels arranged so that the axis of rotation of 2 wheels lies on the same
straight line and each of those 2 wheels is equidistant from the third;
motorised wheelchair means a chair-type vehicle
that —
(a) is
fitted with 3 or more wheels; and
(b) is
fitted and designed only for the use of persons with a physical disability.
(2) Duty is not
chargeable on the transfer of a licence for a vehicle if subsections (3), (4),
(5) and (6) apply.
(3) This subsection
applies if the person from whom, and the person to whom, the licence is
transferred are married to each other or are de facto partners of 2 years.
(4) This subsection
applies if neither the person from whom, nor the person to whom, the licence
is transferred holds the vehicle as trustee of a trust.
(5) This subsection
applies if the vehicle is a car or bus or a goods vehicle —
(a) with
an unloaded mass that does not exceed 3 000 kg; and
(b) that
is not a heavy vehicle; and
(c) that
is to be used exclusively for social, domestic or pleasure purposes and is not
to be used in any trade, business or industry or for the carrying of
passengers, or goods, for hire or reward.
(6) This subsection
applies if the application for the transfer of the licence is accompanied by,
or includes, a declaration in the approved form to the effect that the
circumstances described in subsections (3), (4) and (5) apply.
[Section 244A inserted: No. 27 of 2011 s. 4;
amended: No. 8 of 2012 s. 94; No. 12 of 2019 s. 117.]