Australian Capital Territory Repealed Acts

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This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 149C

Certified vehicles—variation of certificate

(1)     A certificate holder may apply to the Registrar for the variation of the certificate.

(2)     An application shall—

        (a)     be in writing signed by the applicant;

        (b)     state the variation sought, and the reasons for it;

        (c)     be accompanied by—

              (i)     the relevant certificate; and

              (ii)     the determined fee; and

        (d)     be lodged with the Registrar.

(3)     The Registrar may, by written notice to an applicant, require the applicant to give the Registrar, orally or in writing, such further information relating to the application as is specified in the notice.

(4)     Where the Registrar receives an application under subsection (1), the Registrar shall—

        (a)     by endorsement, vary the certificate in the manner sought; or

        (b)     refuse to vary the certificate.

(5)     In making a decision under subsection (4), the Registrar shall consider, in relation to the variation sought, the matters referred to in paragraphs 149B (3) (a) and (b).

(6)     Without limiting the generality of subsection (5), the Registrar may refuse to vary a certificate where the Registrar believes on reasonable grounds that the applicant—

        (a)     has failed to comply with a requirement under subsection (2) or (3); or

        (b)     has made a statement which was false or misleading in a material particular—

              (i)     in the application; or

              (ii)     to the Registrar pursuant to a requirement under subsection (3).

(7)     Where the Registrar makes a decision under this section, the Registrar shall give the certificate, endorsed with any approved variation, to the applicant.

(8)     The variation of a certificate takes effect on the day on which the endorsed certificate is given to the applicant under subsection (7).



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