Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Personalised Number Plates) Regulations 2011
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .
4 July 2011PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Infrastructure
These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Personalised Number Plates) Regulations 2011 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.
4. Regulation 63A inserted
After regulation 63 of the Principal Regulations , the following regulation is inserted in Division 2:63A. Registrar may require return of number plates
(1) This regulation applies if the Registrar –(a) considers that the registration number on a number plate –(i) may be mistaken for another registration number; or(ii) is offensive; or(iii) is otherwise inappropriate for display; or(iv) is prohibited under any Act; or(b) changes the specifications to which a number plate for a vehicle is manufactured; or(c) believes that a number plate –(i) has been issued in error; or(ii) has not been lawfully acquired, or was acquired by fraud, misrepresentation or other dishonest means.(2) The Registrar, by written notice to the holder of a number plate, may require the holder of the number plate to return to the Registrar the number plate specified in the notice.(3) A notice under subregulation (2) is to state –(a) the registration number of the number plate to be returned; and(b) the Registrar's reason for requiring the number plate to be returned; and(c) the day on which the number plate ceases to be a valid number plate; and(d) the period during which the number plate must be returned; and(e) whether the Registrar intends –(i) to exchange the number plate for another number plate; or(ii) to refund any fee paid for the issue of the number plate to the holder of the number plate rather than replacing the number plate in any way; or(iii) to negotiate an agreement with the holder of the number plate as to whether the number plate is to be exchanged, or the fee refunded, or such other compensation as may be agreed by the parties.(4) The holder of a number plate who is given notice by the Registrar under subregulation (2) must return the number plate specified in that notice to the Registrar within the period specified in the notice.Penalty: Fine not exceeding 20 penalty units.(5) The holder of a number plate is not required to return a number plate under subregulation (4) if, within the period specified in the notice under subregulation (2) , the person produces evidence to the Registrar's satisfaction that the number plate has been lost, stolen or destroyed.(6) If a personalised number plate is required to be returned under subregulation (2) , the rights to the specific registration number on that number plate are terminated –(a) on the date specified in the notice under subregulation (2) ; or(b) if no date is specified in the notice under subregulation (2) , on the return of that number plate.
5. Part 5, Division 2A inserted
After regulation 65 of the Principal Regulations , the following Division is inserted in Part 5:Division 2A - Issue of specific registration numbers65A. Specific registration numbers
(1) A person may apply to the Registrar to be assigned the rights to a specific registration number.(2) An application for assigning the rights to a specific registration number –(a) must be made to the Registrar in a form approved by the Registrar; and(b) must contain the information required in the approved form and be accompanied by the documents or other materials required in the form; and(c) must state –(i) whether the personalised number plate bearing the specific registration number is to be attached to a vehicle once the personalised number plate is issued; and(ii) the details, as required by the Registrar, of the vehicle nominated; and(d) must be accompanied by the applicable fee.(3) The fee payable for assigning the rights to a specific registration number is –(a) the fee specified by the organisation that has a contract with the Department to provide the personalised number plate which is to bear the specific registration number; or(b) if the rights to a specific registration number are sold at auction before a personalised number plate bearing the specific registration number is issued, the auction sale amount, providing that sale amount is acceptable to the Registrar; or(c) if paragraphs (a) and (b) do not apply, the applicable fee set by the Registrar in respect of assigning the rights to a specific registration number.(4) If the Registrar assigns the rights to a specific registration number, the Registrar must –(a) issue a personalised number plate bearing the specific registration number; and(b) if the personalised number plate is to be attached to a vehicle, record the personalised number plate in the register; and(c) issue to the holder of the personalised number plate a certificate stating –(i) the conditions on which the plate is issued; and(ii) any other information the Registrar considers appropriate.The Registrar may refuse to assign the rights to a specific registration number if, in the opinion of the Registrar –(a) the registration number is identical, or appears to be identical, to a number that has already been issued as a number plate or a personalised number plate; or(b) the Registrar decides to withhold that specific registration number from sale; or(c) the specific registration number –(i) may be mistaken for another registration number; or(ii) is offensive; or(iii) is otherwise inappropriate for display; or(iv) is prohibited under any Act.65C. Use of personalised number plates
(1) A personalised number plate may be –(a) attached to a vehicle; or(b) otherwise displayed.(2) A person must not use, or permit the use of, a personalised number plate except in accordance with the conditions imposed, if any, by the Registrar under regulation 65A(4) .Penalty: Fine not exceeding 10 penalty units.(3) If a person has not nominated a vehicle in respect of a personalised number plate, the person must not attach the personalised number plate to a vehicle unless –(a) he or she has applied to the Registrar, in a form approved by the Registrar, to nominate a vehicle and paid the applicable fee set by the Registrar; and(b) the Registrar has approved the application.Penalty: Fine not exceeding 20 penalty units.(4) For subregulation (3) , a person has nominated a vehicle in respect of a personalised number plate if the person has nominated a vehicle in the application under regulation 65A(1) for the rights to the specific registration number on the personalised number plate.65D. Transfer of personalised number plates
(1) A personalised number plate, including the right to the specific registration number on the plate, is transferrable.(2) A person to whom a personalised number plate is transferred must, within 14 days after the transfer –(a) notify the Registrar, in a form approved by the Registrar, of the transfer; and(b) pay –(i) the fee specified by the organisation that has a contract with the Department to provide personalised number plates; or(ii) if no such fee is specified, the applicable fee set by the Registrar.Penalty: Fine not exceeding 10 penalty units.(3) If the personalised number plate is being transferred as a result of the death of the owner of the rights to the specific registration number on the personalised number plate, the following evidence is to be provided, to the satisfaction of the Registrar, in addition to the approved form specified in subregulation (2)(a) :(a) evidence of the death of the owner of the rights to the specific registration number on the personalised number plate;(b) evidence that the person transferring the personalised number plate bearing the specific registration number is entitled at law to transfer the plate.(4) A fee payable under this regulation is in addition to any other fee payable under the Act in respect of the transfer of a number plate.65E. Surrender of personalised number plate
(1) A person may surrender a personalised number plate to the Registrar.(2) A personalised number plate –(a) is cancelled on surrender; and(b) has no surrender value.(3) If a personalised number plate is surrendered, the rights to the specific registration number on the personalised number plate are also surrendered.65F. Application of Act to specific registration numbers and personalised number plates
Subject to this Division, the provisions of the Act apply to a specific registration number and personalised number plate as if –(a) a reference to a registration number includes a reference to a specific registration number; and(b) a reference to a number plate includes a reference to a personalised number plate.For the avoidance of doubt, any personalised number plate issued by the Registrar before the commencement of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Personalised Number Plates) Regulations 2011 is taken to have been validly issued for the purposes of the Act and this Division.
6. Regulation 68 amended (Renewal of registration)
Regulation 68(1) of the Principal Regulations is amended by omitting "special number plates" and substituting "personalised number plates".
7. Regulation 69 amended (Transfer of registration)
Regulation 69 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (4) "special number plates" and substituting "personalised number plates";(b) by omitting from subregulation (9)(e) "special number plates" and substituting "personalised number plates".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 13 July 2011
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 by making provision for –(a) personalised number plates; and(b) the Registrar to exchange number plates in certain circumstances.