(1)  This regulation applies where registration is to be transferred (whether or not the transfer arises out of a transfer of the beneficial ownership of a motor vehicle or a trailer).

(2)  An application for the transfer of registration –

(a) must be made to the Registrar in a form approved by the Registrar; and

(b) must –

(i) state whether the proposed transfer is related to a transfer or proposed transfer of beneficial ownership of the motor vehicle or trailer to which the application relates; and

(ii) contain any other information required in the form; and

(iii) be accompanied by any documents or other materials required in the form.

(3)  The registered operator of a motor vehicle or a trailer who is to transfer the registration to another person must before the relevant date –

(a) complete an application for the transfer of registration as transferor in the approved form; and

(b) give the form (completed by the transferor) to the proposed transferee; and

(c) give the Registrar notice in the approved form of the transfer; and

(d) if the Registrar so requires, return the certificate of registration for the vehicle to the Registrar.

Penalty:  Fine not exceeding 15 penalty units.

(4)  If the transferor wants to retain the number plates issued for the vehicle, the transferor must pay to the Registrar the applicable scheduled fee for the issue of new number plates for the vehicle and enter into any agreement required by the Registrar for the retention of the number plates as special number plates.

(5)  The proposed transferee must –

(a) complete the form as transferee; and

(b) lodge the completed application form (together with the relevant transfer payment) with the Registrar within 7 days after the relevant date.

Penalty:  Fine not exceeding 15 penalty units.

(6)  A person who takes possession of a motor vehicle or a trailer under the order of a court or powers conferred by a security interest must, within 14 days after taking possession of the vehicle –

(a) complete an application for the transfer of registration as transferee; and

(b) lodge the completed application form with the Registrar together with –

(i) a statement of the circumstances in which the applicant obtained possession of the vehicle; and

(ii) the relevant transfer payment.

Penalty:  Fine not exceeding 15 penalty units.

(7)  The Registrar must, subject to subregulation (9) , register the transfer of registration on receipt of an application for the transfer under this regulation.

(8)  The Registrar may register the transfer of registration of a motor vehicle or a trailer despite non-compliance with a requirement of these regulations if the Registrar considers it appropriate to do so in the circumstances.

(9)  The Registrar may refuse to transfer the registration of a motor vehicle or a trailer if –

(a) the vehicle is registered on conditions that prevent its transfer; or

(b) the vehicle is registered on conditions and the Registrar is not satisfied that the vehicle continues to be eligible for registration on those conditions; or

(c) the vehicle is registered on a seasonal basis and the Registrar is not satisfied that the vehicle continues to be eligible for seasonal registration; or

(d) a bicycle rack number plate has been issued for the vehicle but has not been returned to the Registrar; or

(e) special number plates have been issued for the vehicle in accordance with an agreement between the Registrar and the registered operator and the number plates have not been returned to the Registrar as required by the agreement; or

(f) there is reason to suspect that the vehicle, or a part of the vehicle, may have been stolen or to doubt that the transferee is entitled to assume responsibility for the vehicle as its registered operator; or

(g) the description of the vehicle as recorded in the register of motor vehicles and trailers is uncertain; or

(h) a requirement of these regulations relating to the transfer of registration has not been complied with; or

(i) any other ground exists on which the application could, assuming it were an application for the registration of the vehicle, be refused.

(10)  The Registrar must refuse to transfer the registration of a motor vehicle or a trailer if the transfer would be contrary to an order of an Australian court of which the Registrar has been notified.

(11)  On registering the transfer of the registration of a motor vehicle or a trailer, the Registrar must issue a new certificate of registration to the new registered operator.

(12)  For the purposes of an application for the transfer of registration of a motor vehicle or a trailer, the registration is taken to continue for 3 months after the expiry of the last registration period.

(13)  In this regulation –

relevant date , in relation to a transfer of registration of a motor vehicle or a trailer, means –

(a) if the transfer is related to a transaction involving a change in the beneficial ownership of a vehicle, a date falling 7 days after the completion of the relevant transaction; or

(b) in any other case, a date falling 7 days after the registered operator and the proposed transferee agree to the transfer;

relevant transfer payment , in relation to a transfer of registration of a motor vehicle or a trailer, means –

(a) the applicable scheduled fee for the transfer of registration; and

(b) if additional motor tax becomes payable on the transfer of registration, the additional motor tax;

security interest has the same meaning as in the Motor Vehicles Securities Act 1984 .