Document ID: chunk:federal_register_of_legislation:F2016C00629:clause:1_32
Version: federal_register_of_legislation:F2016C00629
Segment Type: clause
Provision Reference: sch 1 cl 32
Character Range: 38927–41524

32  Surrender of registration by registered operator
 (1) A registered operator, personally or by an agent who produces written evidence of his or her appointment as agent, may apply to the registration authority to surrender the registration of a heavy vehicle.
 (2) A registered operator who applies for surrender of registration of a heavy vehicle must:
 (a) give to the registration authority a statement signed by the operator or agent that the registration label for the vehicle has been destroyed; and
 (b) if required to do so by the authority, return the registration certificate and number plates for the vehicle to the authority or an agent nominated by the authority.
 (3) Despite subregulation (2), a registered operator is not required to return to the registration authority:
 (a) a registration certificate or number plate which has been lost or destroyed if the authority is satisfied that the original registration certificate or number plate is lost or destroyed; or
 (b) special number plates, if retention of the plates is permitted by an agreement with the registration authority or by legislation.
 (4) Subject to subregulation (6), the registration authority must make a partial refund of the registration charge paid in respect of a heavy vehicle if the authority approves an application for:
 (a) the surrender of the registration of the vehicle; or
 (b) a change in the registration of the vehicle as a result of which a lower registration charge is payable under the Road Transport Charges (Australian Capital Territory) Act 1993.
 (5) A partial refund of a registration charge in relation to a heavy vehicle is calculated using the formula:
where:
number of days is the number of unexpired whole days of the registration period for which the charge was paid, from the date on which the registration authority approves an application made under subregulation (4); and
annual charge is the amount of the registration charge for 12 months, or the amount of the reduction in that charge for 12 months, as the case may be.
 (6) The registration authority may deduct from a refund of registration charge the amount of any unpaid administrative fees incurred in respect of the vehicle.
 (7) The registration authority must approve an application for the surrender of the registration of a heavy vehicle unless:
 (a) the registered operator of the vehicle has failed to meet the requirements of this regulation; or
 (b) the registration authority is taking action to suspend or cancel the registration under the provisions of regulation 33 or 34, other than paragraph 33(i).