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An Act to provide for the Licensing of Certain Vehicles drawn by Animal Power and for other purposes.

BE

[Assented to, December 24th, 1925.]

E it enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as the "Vehicles (Licensing) Act, 1925." Short title.

2. This Act shall come into force upon a date to be fixed by Commencement of proclamation.

3. In this Act, unless the context otherwise requires-

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have corres

Licence" means a licence issued pursuant to this Act,
and licensed " and unlicensed "
ponding meanings:

"Metropolitan area means the present Municipalities
of Adelaide, Brighton, Glenelg, Henley and Grange,
Hindmarsh, Kensington and Norwood, Port Adelaide,
St. Peters, Thebarton, and Unley, and the present
District Council Districts of Burnside, Campbelltown,
Marion, Mitcham, Payneham, Prospect, Walkerville,
West Torrens, Woodville, and Yatala South, and the
Garden Suburb, and any other Municipalities and
District Council Districts or parts of Municipalities
or District Council Districts contiguous to any part of
the Metropolitan Area as defined for the time being to
which the Governor, by proclamation, declares that
this Act shall apply:
"Owner"

Act.

Interpretation.

Exemption of certain vehicles.

Licensing of vehicles.

Application for licence.

Vehicles (Licensing) Act.-1925.

"Owner" includes the holder under a hire purchase

agreement:

"Road" means and includes every public road, terrace, thoroughfare, or other public place, and also includes every private road commonly used by the public, or to which the public are permitted to have access: "Street" means and includes every public street or other public place, and also includes every private street commonly used by the public, or to which the public are permitted to have access:

"Vehicle

means every vehicle of any description whatsoever which is drawn or propelled by animal but not human power and used or ordinarily intended to be used on roads or streets solely or mainly for the purpose of carrying goods or merchandise:

"Year" means period of twelve calendar months expiring on the thirtieth day of September.

4. The following vehicles are exempted from the operation of this Act, namely:—

(a) every vehicle owned by the Fire Brigades Board, or any Volunteer Fire Brigade:

(b) any ambulance vehicle for the use of which no charge is made:

(c) any vehicle owned by the Corporation or Council of any Municipality, or by any District Council, and used solely for the construction and maintenance of roads.

5. (1) Every vehicle in the Metropolitan Area shall be licensed pursuant to this Act.

(2) Every licence shall be issued by the Registrar of Motor Vehicles or some other person authorised for that purpose by the Minister.

(3) No licence shall be issued to any applicant unless and until the fee as set out in the Schedule to this Act has been paid to the Registrar of Motor Vehicles or other person authorised pursuant to subsection (2) of this section: Provided that any applicant to whom a licence is issued in respect of any vehicle between the first day of April and the thirtieth day of September in any year shall pay only one half the amount payable for a licence for a year.

6. Every application for a licence under this Act shall be made during the currency of the year in which the licence is to have effect, or in the month immediately preceding that year; and every such licence shall, subject to this Act, have effect for and during that year or the unexpired portion thereof, and no longer.

7. The

Vehicles (Licensing) Act.-1925.

licence.

7. The applicant for a licence shall produce to the Registrar Evidence in support of Motor Vehicles or other person authorised to issue licences such of application for evidence as to the nature and weight of the vehicle in respect of which a licence is required to be issued as the Registrar of Motor Vehicles or the other person authorised as aforesaid may require or as may be prescribed.

8. (1) The person issuing a licence shall deliver to the applicant Licence discs. a metal disc of a size and shape to be fixed annually by the Minister

by notice published in the Government Gazette, and to be annually varied, on which shall be inscribed the year of issue and any other particulars which may be prescribed.

(2) The disc shall, during the whole period in respect of which it is issued, be kept securely affixed to the vehicle in respect of which the disc and the licence are issued.

9. (1) Upon application, the Registrar of Motor Vehicles or Duplicate licences other person authorised to issue licences, may, on proof to his and discs. satisfaction of the loss or destruction of any licence or disc, and on

payment of a fee of Two Shillings and Six Pence, issue to the applicant

a duplicate licence or disc.

(2) Any such duplicate licence or disc shall avail for all purposes

as if it were the original licence or disc.

10. Any person who drives or causes or permits to be driven Penalty for driving any unlicensed vehicle in any street or road within the Metropolitan unlicensed vehicle. Area shall be guilty of an offence against this Act and shall be liable

to a penalty of not more than Twenty Pounds.

vehicle.

11. The owner of any unlicensed vehicle which is driven in any Penalty on owner street or road within the Metropolitan Area shall be guilty of an of unlicensed offence against this Act and shall be liable to a penalty of not more than Twenty Pounds.

vehicles.

12. Any person who affixes any disc issued pursuant to this Act, Penalty for affixing to any vehicle other than the vehicle in respect of which the disc discs to wrong was issued, shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Twenty Pounds.

13. Any person who

(a) by any false statement or misrepresentation obtains or
attempts to obtain a licence or disc under this Act; or
(b) without lawful excuse has in his possession a licence or
disc, or any article resembling a licence or disc and
liable to be mistaken therefor; or

(c) forges or fraudulently alters or uses, or fraudulently lends
or allows to be used by any other person, any licence
or disc,

shall be guilty of an offence against this Act and shall be liable to
a penalty of Twenty Pounds.

14. In

Penalty for un. lawfully obtaining licence.

Facilitation of proof.

Summary of proceedings of offences.

Regulations.

Allocation of revenue.

Vehicles (Licensing) Act.—1925.

14. In any proceedings for an offence against this Act---
(a) proof that a vehicle has not affixed upon it a disc of the
size and shape fixed by the Minister for the current
year shall be prima facie evidence that the vehicle is
unlicensed ;

(b) the allegation in the complaint that any person is the
owner of a vehicle shall be prima facie evidence that
that person is the owner of the vehicle;

(c) the allegation in the complaint that any place is a street or road shall be prima facie evidence that the place is a street or road within the meaning of this Act;

(d) the allegation in the complaint that any street or road wherein it is alleged that any such offence was committed is situated within the Metropolitan Area shall be prima facie evidence that the street or road is situated as alleged; and

(e) any conveyance shall be deemed to be a vehicle within the meaning of this Act unless the defendant satisfies the Court to the contrary.

15. All proceedings in respect of offences against this Act shall be disposed of summarily.

16. The Governor may make such regulations as may be necessary or convenient for carrying into effect the provisions and objects of this Act, including (though without limiting the operation of this section) regulations in respect of the following matters :

1. the form of licence and the application therefor

II. any matters in this Act left to be expressed or ascertained by regulations.

17. All money collected as licence fees under this Act, and all sums received as fines, penalties, and forfeitures in respect of convictions for offences against this Act shall in the first place be paid into a special account in the Treasury; and after deducting a sum not exceeding ten per centum of the said moneys for the cost of collection (which sum shall be paid into Revenue), the whole of the remainder shall be paid by the Treasurer not less frequently than once in every three months into the Main Roads Fund established by the Highways Act, 1925.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

TOM BRIDGES, Governor.

THE

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