Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANSPORT ACCIDENT ACT 1986 - SECT 109

Transport accident charge

S. 109(1) amended by Nos 127/1986 s. 102(Sch. 4 item 29.2), 84/1994 s. 43(1).

    (1)     The owner of a registered motor vehicle must in respect of each prescribed period pay to the Commission the transport accident charge applicable to that motor vehicle for that period.

Penalty against this subsection: 5 penalty units.

    (2)     The transport accident charge is payable in advance at the prescribed times or intervals.

S. 109(3) amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.14), 34/2023 s. 62.

    (3)     The registration of a motor vehicle must not be made or renewed and a registration permit under the regulations made under Part 2 of the Road Safety Act 1986 must not be granted and a special plate or mark must not be issued under the regulations made under Part 2 of that Act unless the owner has paid the transport accident charge applicable to the motor vehicle for the relevant prescribed period or periods.

S. 109(4) amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.15), substituted by Nos 32/1988 s. 25, 84/1994 s. 43(2), amended by No. 68/2017 s. 121.

    (4)     If a transport accident charge payable at the prescribed time or interval following the expiry of a prescribed period of 3 months or more is paid within 28 days after that prescribed time or interval, the charge is deemed for the purposes of this Act to have been paid at the prescribed time or interval.

S. 109(4A) inserted by No. 17/1993 s. 11(2).

    (4A)     The Commission may require the owner of a registered motor vehicle to pay, together with the transport accident charge applicable to the vehicle in respect of a period beginning on or after 1 July 1993, an additional amount not exceeding the amount of stamp duty payable by the Commission in respect of that charge under the Stamps Act 1958 .

S. 109(4B) inserted by No. 17/1993 s. 11(2).

    (4B)     If the Commission requires the payment of an additional amount in respect of a transport accident charge, the charge is deemed not to have been paid until the additional amount has been paid.

    (5)     In this section—

S. 109(5) def. of prescribed period amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.16).

"prescribed period" in relation to a transport accident charge applicable to a motor vehicle means—

        (a)     the period prescribed by the regulations in relation to motor vehicles of that class; or

        (b)     if a period has not been so prescribed—

              (i)     the period of 12 months commencing on the date, or the anniversary of the date, of the registration of the motor vehicle; or

              (ii)     in the case of the granting of a registration permit under the regulations made under Part 2 of the Road Safety Act 1986 , the period of the permit;

S. 109(5) def. of prescribed times or intervals amended by No. 127/1986 s. 102(Sch. 4 items 29.2, 29.16).

"prescribed times or intervals" in relation to the payment of a transport accident charge applicable to a motor vehicle means—

        (a)     the times or intervals prescribed by the regulations in relation to motor vehicles of that class; or

        (b)     if times or intervals have not been so prescribed, at or before the time of registration or renewal of the registration of the motor vehicle or the granting of a registration permit under the regulations made under Part 2 of the Road Safety Act 1986 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback