Appeals regarding written-off vehicle registration
16E Appeals regarding written-off vehicle registration
S. 16E(1) amended by No. 49/2019 s. 116(Sch. 1 item 26).
If the Secretary decides to—
refuse to enter a vehicle on the register of written-off vehicles; or
S. 16E(1)(b) amended by No. 94/2003 s. 7(1).
amend, or refuse to amend, an entry on the register of written-off vehicles; or
refuse to remove an entry from the register of written-off vehicles—
a person referred to in subsection (2) may appeal against that decision to the Magistrates' Court in accordance with the regulations.
S. 16E(2) substituted by No. 94/2003 s. 7(2).
An appeal may be made under subsection (1) by—
S. 16E(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 26).
a person who notified the Secretary that the vehicle was a written-off vehicle; or
the person who was the registered operator of the vehicle when it became a written-off vehicle or, if the registration of the vehicle was then cancelled, immediately before that cancellation; or
a person who was the spouse or a domestic partner of a person referred to in paragraph (a) or (b) when the notification was made or the vehicle became a written‑off vehicle (as the case requires).
S. 16E(2A) inserted by No. 94/2003 s. 7(2).
A person may only appeal on one or more of the following grounds—
in the case of an appeal against an amendment of an entry made under section 16D(4), that the vehicle was not a statutory write-off when the amendment was made;
in the case of an appeal against any other amendment of, or against a refusal to amend, an entry, that the vehicle did not satisfy the criteria for the category of written-off vehicle under which it was registered when it was entered on the register;
in the case of an appeal against a refusal to remove an entry, that the vehicle was not a written-off vehicle when it was entered on the register.
On an appeal under subsection (1), the court must—
S. 16E(3)(a) amended by No. 94/2003 s. 7(3).
re-determine the matter of the decision; and
S. 16E(3)(b) amended by No. 49/2019 s. 116(Sch. 1 item 26).
hear any relevant evidence tendered by the appellant and the Secretary; and
S. 16E(3)(c) amended by No. 49/2019 s. 116(Sch. 1 item 26).
without limiting its discretion, take into consideration anything that the Secretary ought to have considered.
S. 16E(3A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 50.3).
Nothing in subsection (3) prevents the application of Part 3.10 of the Evidence Act 2008 to an appeal under subsection (1).
S. 16E(4) amended by No. 49/2019 s. 116(Sch. 1 item 26).
The Secretary must give effect to the decision of the Magistrates' Court on an appeal.
S. 16F inserted by No. 92/2001 s. 10.
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
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