Australian Capital Territory Numbered Regulations

URBAN SERVICES (APPLICATION OF CRIMINAL CODE) AMENDMENT REGULATIONS 2002 (NO 1 OF 2003) - REG 13

substitute

25     Statutory write-offs—duty to attach notice

    (1)     A designated person for a notifiable vehicle commits an offence if—

        (a)     the vehicle is a statutory write-off; and

        (b)     the vehicle does not have a complying statutory write-off notice; and

        (c)     the person fails to attach a complying statutory write-off notice to the vehicle within the compliance period.

Maximum penalty: 20 penalty units.

    (2)     An offence against this regulation is a strict liability offence.

    (3)     In this regulation:

"compliance period" means—

        (a)     for a motor wrecker—before the motor wrecker disposes of the part or parts of the vehicle on which the vehicle identifier is located but, in any event, within 7 days after the day the motor wrecker begins to demolish or dismantle the vehicle; or

        (b)     in any other case—before the designated person disposes of the vehicle but, in any event, within 7 days after the day the person makes the decision to write off the vehicle.

"complying statutory write-off notice" means a statutory write-off notice that is—

        (a)     for a motor vehicle (other than a motor cycle)—attached securely to the vehicle in a conspicuous position as close as practicable to the vehicle identifier for the vehicle; or

        (b)     for a motorbike—attached securely to the motorbike's frame in a conspicuous position as close as practicable to the vehicle identifier for the motorbike; or

        (c)     for a trailer—attached securely to the trailer's frame in a conspicuous position and, if the trailer has a vehicle identifier, as close as practicable to the identifier.

26     Unauthorised interference with statutory write-off notices

    (1)     A person who damages, destroys or removes a statutory write-off notice attached to a vehicle commits an offence.

Maximum penalty: 20 penalty units.

    (2)     Subregulation (1) does not apply to a person who has a reasonable excuse for damaging, destroying or removing the notice.

Example of reasonable excuse

removing a notice from a vehicle to sell the part to which it is attached

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     An offence against this regulation is a strict liability offence.

27     Statutory write-off notice to remain with vehicle

    (1)     This regulation applies if—

        (a)     a vehicle is a statutory write-off; and

        (b)     the vehicle has not been substantially demolished or dismantled since being written off; and

        (c)     a statutory write-off notice is attached to a part of the vehicle; and

        (d)     the part is removed from the vehicle.

    (2)     The designated person for the vehicle commits an offence if a complying statutory write-off notice is not attached (or reattached) to the vehicle within 1 day after the day the part is removed from the vehicle.

Maximum penalty: 20 penalty units.

    (3)     An offence against this regulation is a strict liability offence.

    (4)     In this regulation:

"complying statutory write-off"—see regulation 25 (3).

28     Written-off vehicles—duty to deface vehicle identifier

    (1)     A designated person for a notifiable vehicle commits an offence if—

        (a)     the vehicle is a statutory write-off; and

        (b)     the vehicle identifier for the vehicle is not defaced in accordance with an approved defacement method; and

        (c)     the person fails to deface the vehicle identifier in accordance with an approved defacement method within the compliance period for the person.

Maximum penalty: 20 penalty units.

    (2)     A motor wrecker commits an offence if—

        (a)     the motor wrecker begins to demolish or dismantle a notifiable vehicle (anywhere in Australia) that is a repairable write-off in the course of the business carried on by the motor wrecker; and

        (b)     the vehicle identifier for the vehicle is not defaced in accordance with an approved defacement method; and

        (c)     the motor wrecker fails to deface the vehicle identifier in accordance with an approved defacement method within the compliance period for the person.

Maximum penalty: 20 penalty units.

    (3)     An offence against this regulation is a strict liability offence.

    (4)     In this regulation:

"approved defacement method", for a vehicle identifier, means a method approved under regulation 31 (3).

"compliance period"—see regulation 25 (3).