Legal entities
Vehicle licences can only be issued to a legal entity
As of 1 January 2006 vehicle licences will ONLY be issued or transferred to a person or entity that has the capacity to be held legally accountable for that vehicle and/or any offences relating to the use of the vehicle.
A vehicle licence holder must be a legal entity as defined below:
Individual Person
An individual person is classed as a legal entity, in that it can sue and be sued. The individual person must also satisfy other statutory requirements prior to the issue or transfer of a vehicle licence i.e. .
Where an unincorporated body owns a vehicle and does not wish, or is not eligible, to become incorporated i.e. small businesses, associations etc an eligible individual person must be nominated to be the owner/licence holder.
A body that is not a corporate body does not have a separate legal identity to its members and therefore its members must carry any liability incurred by the association.
Corporate Body
A corporate body that is registered under the Corporations Act 2001 may be the owner/licence holder of a vehicle. Corporate bodies registered under the Corporations Act 2001 are issued an A.C.N (Australian Company Number) and are required to provide this number on the grant or transfer of a vehicle licence.
The major difference between a body corporate and an unincorporated body is that a body corporate is a legal identity separate from the people who are members of the body corporate i.e. the corporate body is a legal entity in it’s own right separate from any directors, owners or members.
Registration as a corporate body is available through A.S.I.C. (Australian Securities & Investments Commission). To become a corporate body please contact ASIC at www.asic.gov.au or (03) 5177 3988.
An incorporated body
Incorporation of an association or club means that it becomes a legal entity in its own right, separate from the individual members. Put another way, the association is considered at law to have a distinct identity that continues regardless of changes to the membership.
Where a club or association is incorporated, and provides proof of that incorporation, a vehicle licence may be issued or transferred in the name of that incorporated body.
An association or club may apply for registration as an incorporated association by contacting D.O.C.E.P (Dept of Consumer & Employment Protection). www.docep.wa.gov.au/associations or by phoning 1300 304054.
Any other body that is recognised as being a legal entity
There are other bodies that are recognised as being legal entities and, therefore can be the owner/licence holder of a vehicle licensed in Western Australia.
They are:
- Any Federal or State Govt Department,
- Local Govt. authorities, (Towns, Cities, Shires etc)
- Some semi-Government organisations (e.g. Water Corporation, Western Power);
- Vehicles licensed to a Deceased Estate or the Public Trustee.
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