Frequently asked questions
Yes. You can carry primary produce for another primary producer and still be eligible to claim the concession, as long as you are carrying your own primary produce and/or produced by another primary producer and as long as you are not receiving a fee or reward.
You can also carry goods that you use in the business of primary production, either for yourself or another primary producer. If using a light vehicle (i.e. a vehicle that weighs less than 4,500 kilograms), you can also carry household goods if they are for your own use or for the use of another primary producer.
You cannot hire out or lease your vehicle to another person or use it for the benefit of another person for a fee or reward.
No, this is prohibited under the concession and may result in a fine, a court prosecution, or even cancellation of registration.
The prohibition on the use of primary producer vehicles for hire or reward ensures that those who receive the concession do not take a commercial advantage over road freight companies, such as non-primary producers and commercial livestock transporters, who are not entitled to the concession.
You are still eligible for the concession on the vehicles which are not used for hire or lease.
For the vehicles that are being used for hire or lease, you must change the “usage type” as the concession is not available for these specific vehicles. You can change the usage type of your vehicle when renewing the vehicle's registration online or any time during the term of registration at a Service NSW centre. Failure to do so may result in fines, prosecution, or even cancellation of registration.
If you want to use your vehicle to earn extra income or to transport goods which are not primary produce, you will be required update the vehicle usage type as the vehicle is no longer eligible for the registration concession. To do this, you will need to complete the 'Change of Records form 1021' and visit a Service NSW centre.
You may be liable to pay the increased registration applicable to the new usage code (e.g. private or business use) as you will no longer be eligible receive the primary producer concession with respect to that vehicle.
You can change the usage type of your vehicle when renewing the vehicle's registration online or any time at a Service NSW centre.
Generally no – however you can transport goods other than primary produce if they are for your or another primary producer's use in the business of primary production, or for the purpose of land clearing for primary produce. You cannot use your heavy vehicle to carry household goods (you may however use light vehicles registered under a primary producer concession to carry household goods).
The law states that for heavy vehicles, they must be used solely for:
- carting primary products the primary producer or another primary producer has produced, or;
- carting leaves the primary producer or another primary producer has gathered and from which eucalyptus or other oil is to be distilled, or;
- carting goods of any kind for use in their primary production business or of another primary producer, or;
- purposes connected with the clearing of land the primary producer or another primary producer proposes to use for primary production.
Any use outside of these relevant purposes can result in compliance action against you.
If you claim the concession, your light vehicle must be used solely or principally for carting goods that are:
- for use in your household, or;
- of another primary producer, or;
- belonging to a member of a rural society who is a primary producer.
You are however allowed to occasionally use your light vehicle to cart goods or materials other than primary produce.
If you claim the concession, your heavy vehicle must be used solely:
- for carting primary products the primary producer or another primary producer has produced, or;
- for carting leaves the primary producer or another primary producer has gathered and from which eucalyptus or other oil is to be distilled, or;
- for carting goods of any kind for use in their primary production business or of another primary producer, or;
- for purposes connected with the clearing of land the primary producer or another primary producer proposes to use for primary production.
Customers should consider and calculate if the savings obtained from claiming the concession outweigh the limitations on usage that come with the lower registration charges.
A primary producer is a person or incorporated body who cultivates or uses their own or someone else's land for their own benefit:
- for the production of fruit, grains, flowers, vegetables, tobacco or farm or agricultural produce of any description;
- for dairy farming, poultry or other bird farming, pig farming, bee keeping, or oyster or fish culture;
- for a nursery;
- as a pastoralist for the rearing or grazing of horses, cattle or sheep;
- or as a person who gathers leaves from which eucalyptus or other oil is to be distilled.
For example, fish farmers and plantation forest cultivators are primary producers and are eligible for the registration concession.
The following are not primary producers:
- commercial fishers taking fish from open waters and not purposefully enclosed water for breeding
- timber loggers where the timber is from a natural grown forest and is not sown and grown
- freight and transport companies who cart other people’s primary produce for fee or reward.
If they meet the definition of a primary producer, earn income from a primary production business, and meet vehicle usage requirements, then yes, they will be eligible for the concession.
Primary producers are required to provide evidence to support their registration concession application. This can be from a tax agent, accountant, or ATO notice/assesment.
Generally, all NSW-registered vehicles must be garaged in NSW. There are no additional primary producer specific requirements in relation to a particular place of registration.
Under the Road Transport Act 2013, Transport for NSW must not register a registrable vehicle unless it is satisfied that the vehicle’s garage address is in NSW.
You need to prove you are a primary producer so that Transport for NSW can ensure that the concession is only made available to genuine primary producers.
Every customer is required to complete a Declaration of Eligibility for a Registration Concession (form 1193) and have one of the following for supporting evidence:
- Tax agent declaration
- Tax Averaging Certificate from the Australia Taxation Office (not more than two years old)
- Tax Assessment Notice from the Australian Taxation Office (not more than two years old).
You must notify Transport for NSW within 14 days if you no longer qualify for the concession. You are required to complete the Change of Records form 1021 and visit a Service NSW centre. Failure to do so can result in penalties.
If you are caught using your vehicle in breach of the concession requirements, you may be subject to fines or prosecution in court. Improper use of vehicles under the terms of the concession may also result in your registration being cancelled.
Vehicles will be inspected when on the road by authorised heavy vehicle inspectors, and by police.
Behind the scenes, Transport for NSW authorised officers will also be conducting back-office investigations and document review, using data and evidence available to them.
Authorised officers and roadside inspectors may require the production of documents about the vehicle’s registration, including about any registration concession. They are also permitted to request documents from the consignor or receiver of a vehicle’s load in cases where a vehicle is suspected of transporting goods other than primary produce but is registered with a primary producer concession.
The term “other consideration” includes any type of payment or reward received for services provided, such as goods in exchange, barter or other benefit.
Authorised officers have the authority to ask for documents (including manifests, for example), evidence or further information to determine concession eligibility and compliance with vehicle registration requirements and conditions.
Requests for documentation, evidence or further information may be made at the roadside by an authorised officer to ensure that registered operators of heavy vehicles are:
- using their Heavy vehicle solely for primary production
- purposes not letting their vehicle be hired by another person
- not letting their vehicle be used for the benefit of another person for a fee or reward.
Penalties will apply to the registered operator (owner) of the vehicle on record at Transport for NSW. The driver (who may be the registered operator) may, however, be required to provide evidence about the vehicle’s use at the roadside.
The intent of the reform is to ensure that only genuine primary producers are eligible for the concession, and to strengthen the integrity of the concession.