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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-07-25 Daily Xml
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MOTOR VEHICLE REGISTRATION

In reply to the Hon. J.A. DARLEY (30 May 2012).

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation): The Minister for Transport Services has received this advice:

Yes, consideration has been given to changing the register of motor vehicles from operators to owners. A review conducted during 2010 highlighted the difficulties of establishing ownership and entitlement, the additional administration, processes, regulatory burden and cost to the community. The review concluded that a change was not supported, but that additional material should be made available to the public to assist in understanding competing claims for ownership involving the registration of a vehicle. A brochure was developed containing information on how to address matters where ownership is disputed and highlighted that the Registrar has no legal power in relationship to ownership issues.

It would be very difficult for, as it currently exists, the recording or determining of property rights in relation to motor vehicles are not matters which are within the scope of the Registrar's statutory functions and powers. Therefore, it is not possible for the Register to record those details, as it is outside the scope of its current legislated powers. The issue of who may have ownership/legal title to a vehicle is a question of property rights, which must be determined in the same manner as for any other form of personal property, through the courts raising a further difficulty in a 'Register of Owners'

If the Register was amended to allow the determination of ownership, the department would need to introduce a 'Proof of Entitlement to Register / Proof of Acquisition' policy. This would require the applicant to prove the means by which the vehicle came into their possession and their subsequent entitlement to become the registered operator of the vehicle. In addition to the likely regulatory burden for the community, this would fuel the public misperception that the register of motor vehicles is evidence of title, which legally it is not.

Costing of the suggested changes could not be estimated without knowing exactly what would be required to implement the changes. However, the resource impact incurred by Service SA, due to an increase in transaction time dealing with disputes and implementation costs, would certainly outweigh any benefits.

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