New South Wales Consolidated Acts New South Wales Consolidated Acts(cf VR Act, s 17)
In this Schedule--
"administration fee" means a fee payable under clause 4(2).
"appropriate officer" means any person authorised by Transport for NSW for the
purposes of this Schedule either generally or in any particular case.
"chargeable heavy vehicle" means a vehicle that has a MRC (Mass Rating for
Charging) of more than 4.5 tonnes.
"configuration" of a vehicle means a description of a vehicle in
the statutory rules for which separate provision is made in
the statutory rules for the amount of the registration charge.
"financial year" means a year commencing on 1 July.
"MRC (Mass Rating for Charging)" , in relation to a vehicle, means--
(a) the maximum mass of the vehicle (including any load, recorded on the identification plate or on the RAV for the vehicle as the GVM, GTMR or ATM of the vehicle), or
(b) in relation to a vehicle for which there is no identification plate--its operating mass.
Note--:
"GVM" means Gross Vehicle Mass,
"GTMR" means Gross Trailer Mass Rating and
"ATM" means Aggregate Trailer Mass.
(a) every person who is the owner, joint owner or part owner of the vehicle, and
(b) any person who has the use of the vehicle under a hire-purchase or hiring agreement,but does not include the lessor of a vehicle under a hire-purchase agreement.
(cf VR Act, s 17A)
(1) The annual registration charge for a chargeable heavy vehicle that is registered, or the registration of which is renewed, during a particular financial year is the amount for the type or kind of vehicle specified by, or calculated in accordance with, the statutory rules.Note--: See clause 4 for the calculation of registration charges for chargeable heavy vehicles registered for less than one year. Also, annual registration charges are not payable to the extent to which an exemption or partial exemption is granted by or under statutory rules made for the purposes of subclause (2)(c).
(2) Without limiting subclause (1), the statutory rules may make provision for or with respect to the following--(a) the specification or calculation of registration charges by reference to types or kinds of chargeable heavy vehicles,(b) the indexation of the amount payable for registration charges over a number of financial years,(c) exemptions or partial exemptions (or the granting of exemptions or partial exemptions) from, or reductions in, registration charges,(d) the refunding of registration charges paid for the registration of a chargeable heavy vehicle, if because of the occurrence of any of the following during the currency of the registration, no charges or a reduced amount of charges would be payable in respect of the vehicle on the renewal of its registration--(i) a change in the construction, equipment, configuration, use or ownership of the vehicle,(ii) an exemption or partial exemption (or the granting of an exemption or partial exemption) from, or reduction in, registration charges for vehicles of the kind to which the chargeable heavy vehicle belongs,(e) the amount of any such refund to be calculated in accordance with a formula to be prescribed by the statutory rules,(f) the production, at the time of application for registration or renewal of registration of a chargeable heavy vehicle or at any time during the currency of the registration, of weighbridge tickets showing the weight of the vehicle,(g) fees of an administrative nature for changes in registration charges and registration arising out of a change in the construction, equipment, configuration, use or ownership of a chargeable heavy vehicle.
(3) The Minister is not to recommend the making of a statutory rule that prescribes any amounts as annual registration charges, or the manner in which annual registration charges are to be calculated, for chargeable heavy vehicles unless the Minister is satisfied that the provisions of the statutory rule are consistent with--(a) model legislation within the meaning of the National Transport Commission Act 2003 of the Commonwealth, or(b) provisions for road transport laws that are recommended or approved by the Australian Transport Council or the National Transport Commission under the Agreement referred to in section 4 of the National Transport Commission Act 2003 of the Commonwealth for implementation or adoption by the parties to that Agreement.
(4) For the avoidance of doubt, subclause (3) does not limit the ability of the Minister to recommend the making of a statutory rule that makes provision for or with respect to exemptions or partial exemptions from, or refunds of, registration charges.
The statutory rules may prescribe the amounts of registration charges applicable to primary producer's vehicles.
(cf VR Act, s 17C)
(1) The amount of the registration charge for a chargeable heavy vehicle to be registered for a period of less than one year is the amount calculated by multiplying the relevant annual registration charge for the vehicle by the number of days for which registration or renewal of registration is to have effect and dividing the result by 365.
(2) If registration or renewal of registration of a chargeable heavy vehicle is to have effect for a period of less than one year, Transport for NSW may impose an additional administration fee of not more than 10 percent of the relevant registration charge for that period.
(3) The amount of a registration charge or administration fee referred to in this clause is to be rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).
(cf VR Act, s 17D)
In this Part--
"registration charges" includes administration fees.
(cf VR Act, s 17E)
(1) The registration charges for a chargeable heavy vehicle must be paid--(a) at the time of application for registration of the vehicle, and(b) at the time of application for each renewal of registration of the vehicle.
(2) A person in whose name an application for registration or renewal of registration is made must not fail to pay the full amount of registration charges required by subclause (1).: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3) Registration charges are payable in respect of a registration or renewal of registration that occurs after the commencement of this clause.
(4) Despite the conviction of a person for an offence against this clause, the person remains liable to pay the unpaid amount of the registration charges.
(cf VR Act, s 17F)
(1) This clause applies to the following kinds of chargeable heavy vehicle (other than a vehicle exempted from registration)--(a) a vehicle that is not registered,(b) a registered vehicle that is liable to registration charges (including any charges or additional charges payable under clause 11) but for which such charges, though due and payable, have not been paid.
(2) The owner of a vehicle to which this clause applies must not--(a) use or drive the vehicle on a road, or(b) cause or permit it to be driven on a road.: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3) In addition to imposing a penalty for an offence against this clause, the court concerned may order the owner to pay to Transport for NSW within a time specified by the order--(a) if the vehicle is not registered--the registration charges that would be due on the application for the registration or renewal of registration of the vehicle for a period of 1 year or for such greater or lesser period as the court in all the circumstances thinks just, or(b) if the vehicle is registered--the registration charges so due and payable.
(cf VR Act, s 17G)
Transport for NSW must determine, in accordance with this Schedule and
the statutory rules, whether any registration charges or administration fees
are payable under this Schedule in respect of a vehicle and, if there are, the
amount of the charges or fees.
(cf VR Act, s 17H)
(1) For the purpose of determining whether any registration charges under this Schedule are payable in respect of a vehicle and, if so, the amount of the charges, Transport for NSW or an appropriate officer may--(a) require the owner or person in charge of the vehicle to produce the vehicle within a specified period and at a specified place and provide all reasonable facilities to enable an appropriate officer to examine it, or(b) require the owner or person in charge of the vehicle or person liable to pay registration charges to provide such information in writing by statutory declaration or otherwise as Transport for NSW or the appropriate officer considers appropriate.
(2) An owner or other person must not fail to comply with a requirement under subclause (1).: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3) An owner or other person must not provide information knowing it to be false or misleading in respect of any matter necessary or convenient to enable the appropriate registration charges under this Schedule to be determined.: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(4) An owner or other person must comply with a requirement under subclause (1) at the owner's or other person's own cost if required to do so by Transport for NSW.
(cf VR Act, s 17I)
(1) Transport for NSW may, at any time, alter, vary or rescind any determination as to registration charges or administration fees, or may refund the whole or any portion of any charges or fees paid, for the purpose of ensuring that this Schedule is complied with.
(2) Transport for NSW may require a person in whose name a chargeable heavy vehicle is registered to pay registration charges or administration fees or additional charges or fees, within a specified time, if the charges or fees are payable as a result of action taken under subclause (1).
(3) A person must not fail to comply with a requirement under subclause (2).: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(4) In addition to imposing a penalty for any such offence, the court concerned may order the person to pay to Transport for NSW within a specified period the amount of the registration charges or administration fees or additional charges or fees.
(5) A person is not liable to pay registration charges or administration fees or additional charges or fees as a result of action taken under subclause (1) if TfNSW's determination was made more than 3 years before the date of the action and the person satisfies Transport for NSW that there was no intention to avoid paying charges or fees.
(cf VR Act, s 17J)
(1) A person in whose name a chargeable heavy vehicle is registered must notify Transport for NSW of any change during the currency of the registration in the construction, equipment, configuration, use or ownership of the vehicle of such a nature that registration charges or additional registration charges would be payable if the registration was renewed when the change occurred.: Maximum penalty--100 penalty units.
(2) The person or, if the change is in ownership, the new owner must pay to Transport for NSW the appropriate amount of registration charges or additional registration charges forthwith or within the period specified by Transport for NSW.: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3) A person who is required by subclause (1) to notify Transport for NSW of any change in the construction, equipment, configuration, use or ownership of a vehicle must not authorise or permit the use of the vehicle on a road until Transport for NSW has been so notified.: Maximum penalty--100 penalty units.
(4) In addition to imposing a penalty for an offence against this clause, the court concerned may order the offender to pay to Transport for NSW within a specified period any amount that, from the evidence given during the proceedings, the court is satisfied the offender should have paid to Transport for NSW as registration charges or administration fees or additional charges or fees.
(cf VR Act, s 17K)
(1) The registration charges or additional registration charges payable under clause 11 are for the unexpired period of the registration or for such shorter period as Transport for NSW, having regard to the temporary nature of any change, determines should apply.
(2) The charges are to be calculated at the rate of--(a) in the case of the registration of a chargeable heavy vehicle for a period of more than 3 months--one-twelfth of the charge applicable after the change in respect of a yearly registration if the vehicle was exempt from or not liable to registration charges before the change or, as the case may be, one-twelfth of the difference between the charge applicable before the change and the charge applicable after the change in respect of a yearly registration, or(b) in the case of the registration of a chargeable heavy vehicle for a period of 3 months or less--one-third of the charge applicable after the change in respect of a quarterly registration if the vehicle was exempt from or not liable to registration charges before the change or, as the case may be, one-third of the difference between the charge applicable before the change and the charge applicable after the change in respect of a quarterly registration,for each month or part of a month in the unexpired period or the shorter period, as the case may be.
(cf VR Act, s 17L)
(1) If Transport for NSW cancels the registration of a chargeable heavy vehicle on the application of the person in whose name the vehicle is registered before the registration expires, Transport for NSW may, in its discretion, grant to the person a refund of the registration charges imposed in respect of the vehicle.
(2) The refund is to be calculated--(a) at the rate of one-twelfth of the charge applicable in respect of a yearly registration for each complete month in the portion of the unexpired period of the registration at the date of the cancellation, less any cancellation fee determined by Transport for NSW, or(b) in such manner as may be prescribed by the statutory rules.
(cf VR Act, s 17M)
A person is not entitled to a refund of registration charges if the
application for the refund is made more than 3 years from the date of payment
of the charges.
(cf VR Act, s 17N(1) and (2))
(1) The owner of a chargeable heavy vehicle registered in another jurisdiction, or which is exempted from registration in another jurisdiction (other than because the vehicle is registered elsewhere), must not--(a) use or drive the vehicle on a road other than in the configuration for which it is registered or in which it is so exempt, or(b) cause or permit it to be so driven on a road.: Maximum penalty--100 penalty units.
(2) This clause does not apply if the vehicle, in its changed configuration, would be liable to the same or less registration charges in the jurisdiction in which it is registered than those paid for the configuration for which it is registered or in which it is so exempt.
(cf VR Act, s 17O)
Nothing in this Schedule affects any power under the
road transport legislation (other than this Schedule) or any other Act--
(a) to charge fees in respect of the inspection of vehicles for the purpose of registration, or
(b) to make rebates of registration charges for particular classes of vehicles or road users, or
(c) to charge pro rata amounts for registrations that are for less than a whole year, or
(d) to make refunds in respect of the surrender of the registration of a vehicle, or
(e) to charge other administrative fees or other charges in respect of matters relating to vehicles (including registration of vehicles).
(cf VR Act, s 17P)
(1) The relevant registrar of the Local Court is to forward to Transport for NSW particulars of any conviction or order made under this Schedule or statutory rules made for the purposes of this Schedule.
(2) Whenever a person is by an order made by a court under this Schedule adjudged to pay registration charges or administration fees or additional charges or fees, the provisions of any other Act do not apply to or in respect of the order, but instead the order--(a) operates as an order for the payment of money under the Civil Procedure Act 2005 , and(b) is enforceable as such an order under the provisions of that Act.
(3) For the purposes of subclause (2), an order referred to in that subclause may be entered in the records of the Local Court if the order was made in the manner prescribed by rules made under the Civil Procedure Act 2005 .
(4) A registrar of the Local Court must pay to Transport for NSW any amount paid to the registrar under an order referred to in subclause (2).
(cf VR Act, s 17Q)
In any proceedings under this Schedule, the production by Transport for NSW or
on its behalf of a certificate purporting to be signed by an appropriate
officer certifying the following is admissible in those proceedings and is
evidence of the particulars contained in the certificate--
(a) that the amount specified in the certificate as being the amount of registration charges or administration fees payable in respect of a vehicle is due and unpaid, or was due or paid on a specified date, or was not paid before a specified date,
(b) that an adjustment of charges or a requirement to pay registration charges or additional registration charges in respect of a vehicle was made in accordance with this Schedule.
(cf VR Act, s 17R)
(1) The Minister (in the case of an exemption or partial exemption from registration charges under statutory rules made for the purposes of this Schedule) or Transport for NSW (in the case of a reduction of registration charges, a refund of registration charges or an approval under this Schedule or statutory rules made for the purposes of this Schedule) may--(a) impose such conditions as the Minister or Transport for NSW thinks fit, and(b) revoke or vary any such condition or add any condition at any time during the period in respect of which the exemption, partial exemption, reduction, refund or approval operates.
(2) A person must not fail to comply with a condition in force under this clause.: Maximum penalty--20 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3) When this Schedule or statutory rules made for the purposes of this Schedule confer power on the Minister, Transport for NSW or an appropriate officer--(a) to grant an exemption or partial exemption from, or reduction of, charges, or(b) to grant an approval, or(c) to give a direction, or(d) to make a request, or(e) to do any other act, matter or thing,the Minister, Authority or officer is also empowered to revoke or vary the exemption, partial exemption, reduction, approval, direction, request, act, matter or thing.
(cf VR Act, s 17S)
(1) There is appropriated by this clause for payment out of the Consolidated Fund into the TfNSW Fund all amounts received on or after the commencement of this clause in payment of registration charges and administration fees under this Schedule.
(2) There is payable out of the TfNSW Fund such amounts as may become payable under this Schedule by way of refunds of registration charges or administration fees.
(3) In this clause--
"TfNSW Fund" means the TfNSW Fund established under the Transport Administration Act 1988 .