{"id":"C2018A00164","name":"Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018","slug":"road-vehicle-standards-consequential-and-transitional-provisions-act-2018","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"164 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":55098,"registerId":"commonwealth-C2018A00164-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act is the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day after this Act receives the Royal Assent.

11 December 2018

2. Schedule 1

Immediately after the commencement of section 12 of the Road Vehicle Standards Act 2018.

11 December 2018

3. Schedules 2 and 3

At the same time as section 15 of the Road Vehicle Standards Act 2018 commences.

1 July 2021

4. Schedule 4, Part 1

At the same time as section 3 of the Road Vehicle Standards Act 2018 commences.

11 December 2018

5. Schedule 4, Part 2

At the same time as section 15 of the Road Vehicle Standards Act 2018 commences.

1 July 2021

6. Schedule 4, Part 3

The day after the end of the period of 24 months beginning on the day section 15 of the Road Vehicle Standards Act 2018 commences.

1 July 2023

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedules","content":"#### 3 Schedules\n\n Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Transitional national road vehicle standards\n\n1 Transitional national road vehicle standards\n\n(1) This item applies for the purposes of the operation of the following during the period beginning on 10 December 2018 and ending on the day before section 15 of the Road Vehicle Standards Act 2018 commences:\n\n (a) provisions of that Act that commence on the day after that Act receives the Royal Assent;\n (b) any instruments made under those provisions.\n\n(2) A vehicle standard as in force from time to time under section 7 of the Motor Vehicle Standards Act 1989 is taken also to be a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018.\n\nNote: See also item 2 of Schedule 3 in relation to the national road vehicle standards after the repeal of the Motor Vehicle Standards Act 1989.\n\nSchedule 2—Repeal of the Motor Vehicle Standards Act 1989\n\nMotor Vehicle Standards Act 1989\n\n1 The whole of the Act\n\nRepeal the Act.\n\nSchedule 3—Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989\n\nPart 1—Introduction\n\n1 Definitions\n\n(1) In this Schedule:\n\napproved form means a form approved under item 28.\n\ncommencement means the day that this Schedule commences.\n\nnew law means the following laws:\n\n (a) the Road Vehicle Standards Act 2018;\n (b) the rules made under that Act;\n (c) the national road vehicle standards determined under that Act;\n (d) any other instruments made under that Act or those rules;\n (e) the Road Vehicle Standards Charges (Imposition—Customs) Act 2018;\n (f) the Road Vehicle Standards Charges (Imposition—Excise) Act 2018;\n (g) the Road Vehicle Standards Charges (Imposition—General) Act 2018.\n\nNote: The national standards made under the Motor Vehicle Standards Act 1989 (also known as the Australian Design Rules) are taken to be national road vehicle standards determined under the Road Vehicle Standards Act 2018: see item 2 of this Schedule.\n\nold law means the following laws, as in force immediately before commencement:\n\n (a) the Motor Vehicle Standards Act 1989 (other than sections 25 to 32);\n (b) the Motor Vehicle Standards Regulations 1989;\n (c) the national standards determined under the Motor Vehicle Standards Act 1989 (also known as the Australian Design Rules);\n (d) the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1);\n (e) the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No.1);\n (f) the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002;\n (g) the Motor Vehicle Standards (Registered Automotive Workshops—Fit and Proper Persons) Determination 2002;\n (h) the Motor Vehicle Standards (Road Vehicles) Determination 2017;\n (i) the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1).\n\ntransitional period means the 24 month period that begins on commencement.\n\n(2) The following expressions used in this Schedule, that are also used in the Road Vehicle Standards Act 2018, have the same meaning in this Schedule as they have in that Act:\n\n (a) import;\n (b) provide;\n (c) road vehicle type approval;\n (d) rules;\n (e) Secretary;\n (f) SEVs Register.\n\n(3) To avoid doubt, if a provision of this Schedule provides that the new law does not apply in relation to a matter, the provision has effect subject to items 25 and 27.\n\nNote: Those items provide for certain provisions of the new law to apply in relation to this Schedule and the old law (to the extent that the old law applies because of this Schedule).\n\nPart 2—National standards\n\n2 Vehicle standards\n\nA vehicle standard in force under section 7 of the Motor Vehicle Standards Act 1989 immediately before commencement continues in force as if it were a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018.\n\n3 Procedures for testing vehicles\n\nProcedures relating to retaining records to continue in force\n\n(1) The Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 in force under section 9 of the Motor Vehicle Standards Act 1989 immediately before commencement continues in force for the period of 7 years beginning on commencement (the retention period) for the purposes of retaining the records required by section 8 of the Determination.\n\n(2) To avoid doubt, a person to whom subitem (1) applies must retain the records required by the Determination:\n\n (a) even though the retention period ends after the end of the transitional period; and\n (b) even though the person ceases to be a registered automotive workshop (within the meaning of the old law), whether because the transitional period ends or otherwise.\n\nOffence—failure to retain records for retention period\n\n(3) A person commits an offence if:\n\n (a) the person is required to retain a record because of subitem (1); and\n (b) the person does not retain the record for the period of 7 years beginning on commencement.\n\nPenalty: 60 penalty units.\n\nPart 3—Certification and approval\n\nDivision 1—Identification plates\n\n4 Approval for the placement of identification plates—subsections 10A(1) and (2)\n\nExisting approvals to continue in force\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval:\n\n (a) was given under subsection 10A(1) or (2) of that Act in relation to vehicles of a particular type; and\n (b) is in force immediately before commencement;\n\nthe approval is taken to continue in force during the transitional period subject to the provisions of the old law.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a person applied to the Minister for an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 in relation to vehicles of a particular type; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to give written approval—the approval:\n (i) comes into force on the day specified by the Minister in the approval; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\nNew law does not apply\n\n(3) If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to:\n\n (a) the importation of vehicles to which the approval applies; and\n (b) the provision of vehicles that have had identification plates placed on them in accordance with the approval.\n\n5 Transition of approval for the placement of identification plates to a road vehicle type approval\n\n(1) If:\n\n (a) a person is the holder of:\n (i) an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 that is in force immediately before commencement, as mentioned in subitem 4(1); or\n (ii) an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 because of a decision by the Minister allowed by subitem 4(2); and\n (b) during the 6 month period beginning immediately after commencement, the person:\n (i) provides to the Minister, in the approved form, written acknowledgement of the conditions applying to road vehicle type approvals, as set out in the rules, and that breach of any of those conditions is an offence under the new law; and\n (ii) provides to the Minister, in the approved form, a signed declaration that the person satisfies the conditions applying to road vehicle type approvals, as set out in the rules, in respect of the type of vehicle covered by an approval mentioned in paragraph (a) (an old approval); and\n (iii) pays the charges payable for the purposes of this paragraph;\n\nthen:\n\n (c) the person is taken to have been granted a road vehicle type approval under the rules in respect of the type of vehicle covered by the old approval for the 5 year period beginning on the day that paragraph (b) is satisfied (the new approval); and\n (d) on that day, the old approval ceases to be in force.\n\n(2) The following provisions have effect in relation to paragraph (1)(b):\n\n (a) the written acknowledgement mentioned in subparagraph (1)(b)(i) is, for the purposes of section 32 of the Road Vehicle Standards Act 2018, information given, or purportedly given, under or for the purpose of the rules;\n (b) the declaration mentioned in subparagraph (1)(b)(ii) is, for the purposes of section 31 of the Road Vehicle Standards Act 2018, taken to be made in an application for an approval under the rules.\n\nNote: This means that offences and civil penalty provisions for giving false or misleading information or making a false or misleading declaration apply to the making of an acknowledgement and a declaration under paragraph (1)(b).\n\n(3) The following provisions have effect in relation to the new approval:\n\n (a) evidence that enabled the Minister to grant the old approval is taken to be sufficient to satisfy continued compliance with the relevant criteria for granting the new approval under the rules:\n (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or\n (ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;\n (b) if a person seeks a variation of the new approval under the rules, to the extent of the variation, evidence of a kind mentioned in paragraph (a) will not be sufficient to meet the evidential requirements of the rules;\n (c) any written conditions to which the old approval was subject are taken to be conditions that are specified in the new approval under the rules;\n (d) evidence that demonstrated that conditions of the old approval were satisfied is taken to be sufficient to satisfy the relevant conditions of the new approval under the rules:\n (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or\n (ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;\n (e) to the extent that a written condition to which the old approval was subject is inconsistent with:\n (i) a condition to which a road vehicle type approval is subject under the rules; or\n (ii) a requirement of the rules;\n then, to the extent of the inconsistency, the rules prevail.\n\n(4) To avoid doubt, if a person is taken to have been granted a road vehicle type approval under the rules because of subitem (1), then the approval is subject to the new law.\n\n(5) To avoid doubt, if:\n\n (a) a person is the holder of an old approval; and\n (b) during the 6 month period beginning immediately after commencement, the person does not take all of the actions required by paragraph (1)(b);\n\nthen, the person’s approval ceases to be in force at the end of the transitional period (unless earlier cancelled or suspended under the old law).\n\n6 Approval for the placement of identification plates—subsection 10A(3)\n\nExisting approvals to continue in force\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval was given under subsection 10A(3) of that Act and in force immediately before commencement, the approval is taken to continue in force during the transitional period subject to the provisions of the old law.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a person applied to the Minister for an approval under subsection 10A(3) of the Motor Vehicle Standards Act 1989; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to give written approval—the approval:\n (i) comes into force on the day specified by the Minister in the approval; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\nNew law does not apply\n\n(3) If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of vehicles that have had identification plates placed on them in accordance with the approval.\n\n7 Offences in relation to identification plates\n\nDespite the repeal of section 12 of the Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.\n\nDivision 2—Used import plates\n\n8 Application for approval to place a used import plate\n\nApplications allowed during transitional period\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989:\n\n (a) an application may be made under section 13C of that Act during the transitional period for an approval to place a plate on a used imported vehicle; and\n (b) the provisions of the old law continue to apply in relation to the application and the granting of an approval under section 13D of that Act.\n\nNew law does not apply\n\n(2) If an approval is granted because of an application allowed by this item:\n\n (a) the approval remains in force during the transitional period subject to the provisions of the old law; and\n (b) the new law does not apply, during the transitional period, to the provision of used imported vehicles that have had used import plates placed on them in accordance with the approval.\n\nNumber limits on placement of used import plates to apply\n\n(3) To avoid doubt, the limits on the number of used import plates set out in regulation 6 of the Motor Vehicle Standards Regulations 1989 apply in relation to an approval granted because of an application allowed by this item.\n\n9 Grant of approval\n\nExisting approvals to continue in force\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval was granted under section 13D of that Act and in force immediately before commencement, the approval is taken to continue in force during the transitional period subject to the provisions of the old law.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a registered automotive workshop applied to the Minister for an approval under section 13C of the Motor Vehicle Standards Act 1989; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to grant the approval—the approval:\n (i) comes into force on the day specified by the Minister in the approval; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\nNew law does not apply\n\n(3) If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of used imported vehicles that have had used import plates placed on them in accordance with the approval.\n\nNumber limits on placement of used import plates to apply\n\n(4) To avoid doubt, the limits on the number of used import plates set out in regulation 6 of the Motor Vehicle Standards Regulations 1989 apply in relation to an approval continued, or taken to continue, in force during the transitional period by force of this item.\n\n10 Offence in relation to the placement of used import plates\n\nDespite the repeal of section 13G of the Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.\n\nPart 4—Supply and importation of vehicles\n\nDivision 1—Supply of new vehicles etc.\n\n11 Supply of nonstandard vehicles\n\nExisting approvals to continue in force\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if:\n\n (a) an approval was given under section 14A of that Act and in force immediately before commencement; or\n (b) an approval was given under regulation 20 of the Motor Vehicle Standards Regulations 1989 for a vehicle to be supplied to the market and the approval was in force immediately before commencement;\n\nthe approval is taken to continue in force during the transitional period subject to the provisions of the old law.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a person applied to the Minister for:\n (i) an approval under section 14A of the Motor Vehicle Standards Act 1989; or\n (ii) an approval under regulation 20 of the Motor Vehicle Standards Regulations 1989 for a vehicle to be supplied to the market; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to give written approval—the approval:\n (i) comes into force on the day specified by the Minister in the approval; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\nNew law does not apply\n\n(3) If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of a vehicle in accordance with the approval.\n\n12 Transition of approval to supply nonstandard vehicles to a road vehicle type approval\n\n(1) If:\n\n (a) a person is the holder of:\n (i) an approval under section 14A of the Motor Vehicle Standards Act 1989 or regulation 20 of the Motor Vehicle Standards Regulations 1989 that is in force immediately before commencement, as mentioned in subitem 11(1); or\n (ii) an approval under section 14A of the Motor Vehicle Standards Act 1989 or regulation 20 of the Motor Vehicle Standards Regulations 1989 because of a decision by the Minister allowed by subitem 11(2); and\n (b) during the 6 month period beginning immediately after commencement, the person:\n (i) provides to the Minister, in the approved form, written acknowledgement of the conditions applying to road vehicle type approvals, as set out in the rules, and that breach of any of those conditions is an offence under the new law; and\n (ii) provides to the Minister, in the approved form, a signed declaration that the person satisfies the conditions applying to road vehicle type approvals, as set out in the rules, in respect of the type of vehicle covered by an approval mentioned in paragraph (a) (the old approval); and\n (iii) pays the charges payable for the purposes of this paragraph;\n\nthen:\n\n (c) the person is taken to have been granted a road vehicle type approval under the rules in respect of the type of vehicle covered by the old approval for the 5 year period beginning on the day that paragraph (b) is satisfied (the new approval); and\n (d) on that day, the old approval ceases to be in force.\n\n(2) The following provisions have effect in relation to paragraph (1)(b):\n\n (a) the written acknowledgement mentioned in subparagraph (1)(b)(i) is, for the purposes of section 32 of the Road Vehicle Standards Act 2018, information given, or purportedly given, under or for the purpose of the rules;\n (b) the declaration mentioned in subparagraph (1)(b)(ii) is, for the purposes of section 31 of the Road Vehicle Standards Act 2018, taken to be made in an application for an approval under the rules.\n\nNote: This means that offences and civil penalty provisions for giving false or misleading information or making a false or misleading declaration apply to the making of an acknowledgement and a declaration under paragraph (1)(b).\n\n(3) The following provisions have effect in relation to the new approval:\n\n (a) evidence that enabled the Minister to grant the old approval is taken to be sufficient to satisfy continued compliance with the relevant criteria for granting the new approval under the rules:\n (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or\n (ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;\n (b) if a person seeks a variation of the new approval under the rules, to the extent of the variation, evidence of a kind mentioned in paragraph (a) will not be sufficient to meet the evidential requirements of the rules;\n (c) any written conditions to which the old approval was subject are taken to be conditions that are specified in the new approval under the rules;\n (d) evidence that demonstrated that conditions of the old approval were satisfied is taken to be sufficient to satisfy the relevant conditions of the new approval under the rules:\n (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or\n (ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;\n (e) to the extent that a written condition to which the old approval was subject is inconsistent with:\n (i) a condition to which a road vehicle type approval is subject under the rules; or\n (ii) a requirement of the rules;\n then, to the extent of the inconsistency, the rules prevail.\n\n(4) To avoid doubt, if a person is taken to have been granted a road vehicle type approval under the rules because of subitem (1), then the approval is subject to the new law.\n\n(5) To avoid doubt, if:\n\n (a) a person is the holder of an old approval; and\n (b) during the 6 month period beginning immediately after commencement, the person does not take all of the actions required by paragraph (1)(b);\n\nthen the person’s approval ceases to be in force at the end of the transitional period (unless earlier cancelled or suspended under the old law).\n\nDivision 2—Supply of used imported vehicles\n\n13 Supply of used imported vehicles\n\nExisting approvals to continue in force\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval was given under regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989 and in force immediately before commencement, the approval is taken to continue in force during the transitional period subject to the provisions of the old law.\n\nNote: See also paragraph 16(1)(d) of the Motor Vehicle Standards Act 1989 and regulation 7 of the Motor Vehicle Standards Regulations 1989.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a person applied to the Minister for an approval under regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to give written approval—the approval:\n (i) comes into force on the day specified by the Minister in the approval; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\nNew law does not apply\n\n(3) If an approval continues in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to:\n\n (a) the importation of a vehicle in accordance with the approval; and\n (b) the provision of a vehicle imported in accordance with the approval.\n\nDivision 3—Import of new and used vehicles\n\n14 Importation of road vehicles subject to conditions\n\nDespite the repeal of section 17 of the Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.\n\n15 Authority to take delivery of imported vehicles\n\nDespite the repeal of section 17A of the Motor Vehicle Standards Act 1989:\n\n (a) that section continues in force during the transitional period in relation to a vehicle that may be imported during the transitional period in accordance with that Act, as provided for by this Schedule; and\n (b) an approval may be granted under that section during the transitional period for the delivery of a vehicle imported before or during the transitional period; and\n (c) if an approval was granted under that section before the transitional period for the delivery of a vehicle—the approval continues to allow delivery of the vehicle to be taken during the transitional period; and\n (d) the authorisation of an officer of the Department by the Minister under that section and in force immediately before commencement continues in force during the transitional period; and\n (e) the Minister may authorise an officer of the Department to give approvals under that section during the transitional period.\n\n16 Importation of vehicles requiring modification\n\nExisting approvals to continue in force\n\n(1) If:\n\n (a) before commencement, the Minister gave written approval to a person under subsection 19(1) of the Motor Vehicle Standards Act 1989 in relation to a vehicle; and\n (b) at commencement, the person had not imported the vehicle to which the approval relates;\n\nthen:\n\n (c) the approval is taken to continue in force during the transitional period; and\n (d) before the end of the transitional period, the person may import the vehicle in accordance with the approval given under the old law; and\n (e) the old law applies to the imported vehicle during the transitional period.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a person applied to the Minister for an approval under section 19 of the Motor Vehicle Standards Act 1989 in relation to a vehicle; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister grants the approval—both:\n (i) the person may, before the end of the transitional period, import the vehicle in accordance with the approval given under the old law; and\n (ii) the old law applies to the imported vehicle during the transitional period.\n\nNew law does not apply\n\n(3) If an approval given under subsection 19(1) of the Motor Vehicle Standards Act 1989:\n\n (a) is taken to continue in force under this item during the transitional period subject to the provisions of the old law; or\n (b) is granted during the transitional period subject to the provisions of the old law;\n\nthen the new law does not apply, during the transitional period, to actions taken in accordance with the approval.\n\n17 Approval to import certain nonstandard vehicles\n\nExisting approvals to continue in force\n\n(1) If:\n\n (a) before commencement, the Minister gave written approval to a person under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989) in relation to a vehicle; and\n (b) at commencement, the person had not imported the vehicle to which the approval relates;\n\nthen:\n\n (c) the approval is taken to continue in force during the transitional period; and\n (d) before the end of the transitional period, the person may import the vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and\n (e) the old law applies to the imported vehicle during the transitional period.\n\nPending applications\n\n(2) If, before commencement:\n\n (a) a person applied to the Minister for an approval under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989) in relation to a vehicle; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister grants written approval—both:\n (i) the person may, before the end of the transitional period, import the vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and\n (ii) the old law applies to the imported vehicle during the transitional period.\n\nNew applications\n\n(3) If a person holds an approval:\n\n (a) under subsection 10A(3) of the Motor Vehicle Standards Act 1989 that continues, or is taken to continue, in force during the transitional period by force of item 6 of this Schedule; or\n (b) under section 14A of that Act or regulation 20 of the Motor Vehicle Standards Regulations 1989 that continues, or is taken to continue, in force during the transitional period by force of item 11 of this Schedule;\n\nthen:\n\n (c) the person may apply, during the transitional period, for an approval in accordance with regulation 14 of the Motor Vehicle Standards Regulations 1989, as in force immediately before commencement, to the extent that the application relates to the approval the person holds, as mentioned in paragraph (a) or (b); and\n (d) the Minister must decide the application in accordance with the old law; and\n (e) if the Minister gives written approval—both:\n (i) the person may, before the end of the transitional period, import a vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and\n (ii) the old law applies to the imported vehicle during the transitional period.\n\nNew law does not apply\n\n(4) If an approval given under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989):\n\n (a) is taken to continue in force under this item during the transitional period subject to the provisions of the old law; or\n (b) is granted during the transitional period subject to the provisions of the old law;\n\nthen the new law does not apply, during the transitional period, to actions taken in accordance with the approval.\n\n18 Register of Specialist and Enthusiast Vehicles\n\n(1) Despite the repeal of section 21 of the Motor Vehicle Standards Act 1989, the Register of Specialist and Enthusiast Vehicles established under that section:\n\n (a) is to continue in existence during the transitional period; and\n (b) must be maintained by the Minister during the transitional period in accordance with the old law.\n\n(2) If:\n\n (a) immediately before commencement, a road vehicle was entered on the Register of Specialist and Enthusiast Vehicles established under section 21 of the Motor Vehicle Standards Act 1989; and\n (b) the Minister considers that it is for the benefit of the Australian community to include a vehicle of that kind on the SEVs Register;\n\nthen:\n\n (c) even if the vehicle does not meet the criteria set out in the rules, the Minister may, during the transitional period and despite the new law, enter the vehicle on the SEVs Register; and\n (d) if the vehicle is so entered, the entry of the vehicle on the SEVs Register is subject to the new law.\n\nPart 5—Registered automotive workshops\n\n19 Approval as a registered automotive workshop\n\nExisting approvals to continue in force\n\n(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if:\n\n (a) an approval was granted under section 21B of that Act and in force immediately before commencement; or\n (b) an approval granted under section 21B of that Act had been renewed under section 21C of that Act and was in force immediately before commencement;\n\nthe approval is taken to continue in force during the transitional period subject to the provisions of the old law.\n\n(2) However, if an approval mentioned in subitem (1) was in force immediately before commencement because subsection 21C(6) of the Motor Vehicle Standards Act 1989 applied, then the approval is taken to continue in force during the transitional period (subject to the provisions of the old law) until a decision is made about whether to renew the approval, as mentioned in subitem (4).\n\nPending applications\n\n(3) If, before commencement:\n\n (a) a corporation applied to the Minister for an approval under section 21A of the Motor Vehicle Standards Act 1989; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to grant the approval—the approval:\n (i) comes into force on the day specified by the Minister in the approval; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\n(4) If, before commencement:\n\n (a) a corporation applied to the Minister for the renewal of an approval under section 21C of the Motor Vehicle Standards Act 1989; and\n (b) the Minister had not decided the application;\n\nthen:\n\n (c) the Minister must decide the application in accordance with the old law; and\n (d) if the Minister decides to renew the approval—the approval:\n (i) comes into force on the day the approval is renewed; and\n (ii) continues in force during the transitional period subject to the provisions of the old law.\n\nPart 6—Continuation of certain conditions\n\n20 Obligation to comply with certain conditions after the end of the transitional period\n\n(1) If:\n\n (a) an approval:\n (i) is continued, or is taken to continue, in force during the transitional period because of this Schedule; or\n (ii) is granted because of this Schedule; and\n (b) a condition specified in the approval is that the holder of the approval retain a record for a period (the retention period);\n\nthe holder must retain the record for the retention period:\n\n (c) even if the retention period ends after the end of the transitional period; and\n (d) even though the approval ceases to be in force, whether because the transitional period ends or otherwise.\n\n(2) If:\n\n (a) an approval:\n (i) is continued, or is taken to continue, in force during the transitional period because of this Schedule; or\n (ii) is granted because of this Schedule; and\n (b) a condition specified in the approval is that the holder of the approval export or destroy a vehicle to which the approval applies within a period (the disposal period);\n\nthe holder must export or destroy the vehicle during the disposal period:\n\n (c) even if the disposal period ends after the end of the transitional period; and\n (d) even though the approval ceases to be in force, whether because the transitional period ends or otherwise.\n\n21 Offences—breach of continued conditions\n\n(1) A person commits an offence if:\n\n (a) the person was the holder of an approval that:\n (i) was continued, or was taken to continue, in force during the transitional period because of this Schedule; or\n (ii) was granted because of this Schedule; and\n (b) a condition specified in the approval was that the holder of the approval retain a record; and\n (c) the condition requires the record to be retained for a period (the retention period) that ends after the end of the transitional period; and\n (d) the person does not retain the record for the retention period.\n\nPenalty: 60 penalty units.\n\n(2) A person commits an offence if:\n\n (a) the person was the holder of an approval that:\n (i) was continued, or was taken to continue, in force during the transitional period; or\n (ii) was granted because of this Schedule; and\n (b) a condition of the approval was that the holder of the approval export or destroy a vehicle to which the approval applies; and\n (c) the condition requires the vehicle to be exported or destroyed within a period specified in the approval (the disposal period) that ends after the end of the transitional period; and\n (d) the vehicle is not exported or destroyed within the disposal period.\n\nPenalty: 60 penalty units.\n\nPart 7—Administration\n\n22 Appointment of Administrator and Associate Administrator\n\nDespite the repeal of section 22 of the Motor Vehicle Standards Act 1989, for the purposes of the old law as continued in force by this Schedule:\n\n (a) the person holding office as the Administrator under that section immediately before commencement continues to hold that office during the transitional period; and\n (b) a person holding office as an Associate Administrator under that section immediately before commencement continues to hold that office during the transitional period; and\n (c) the Administrator and each Associate Administrator continue to have the same functions and powers under the old law during the transitional period; and\n (d) the Secretary may appoint a person to be an Administrator or Associate Administrator under that section during the transitional period.\n\n23 Delegation by Minister\n\nDespite the repeal of the Motor Vehicle Standards Act 1989:\n\n (a) any instrument of delegation in force under section 23 of that Act immediately before commencement continues in force during the transitional period; and\n (b) any instrument of delegation in force under regulation 62 of the Motor Vehicle Standards Regulations 1989 immediately before commencement continues in force during the transitional period; and\n (c) the Minister may, by signed instrument, delegate to the Administrator or an Associate Administrator during the transitional period:\n (i) the functions or powers allowed by section 23 of that Act; or\n (ii) all or any of the Minister’s functions or powers under those Regulations; or\n (iii) all or any of the Minister’s functions or powers under this Schedule, other than item 29.\n\n24 Fees\n\nDespite the repeal of section 24 of the Motor Vehicle Standards Act 1989, the following provisions continue in force during the transitional period:\n\n (a) section 24 of that Act, and any other provision of the old law (to the extent to which it relates to that section);\n (b) Part 6 of, and Schedule 2 to, the Motor Vehicle Standards Regulations 1989.\n\n25 Compliance and enforcement\n\nThe following provisions have effect:\n\n (a) Divisions 2 to 4 of Part 4 of the Road Vehicle Standards Act 2018 apply for the purposes of ensuring compliance with:\n (i) the old law during the transitional period; and\n (ii) this Schedule;\n (b) for the purposes of ensuring that compliance, those Divisions apply as if references to “this Act” in those Divisions were references to:\n (i) this Schedule and any rules made under item 29 of this Schedule; and\n (ii) the old law, to the extent that it applies because of this Schedule.\n\nNote: Those Divisions allow inspectors to be appointed and trigger monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014.\n\nPart 8—Court proceedings\n\n26 Evidentiary certificates\n\nDespite the repeal of section 34 of the Motor Vehicle Standards Act 1989:\n\n (a) that section is taken to apply, on and after commencement, in relation to conduct:\n (i) constituting an offence against section 14, 15, 16 or 19 of that Act; and\n (ii) engaged in before or during the transitional period; and\n (b) the authorisation of a person by the Minister under that section and in force immediately before commencement continues in force during the transitional period.\n\n27 Legal proceedings not to lie\n\n(1) Despite the repeal of section 37 of the Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.\n\n(2) Section 81 of the Road Vehicle Standards Act 2018 applies in relation to this Schedule as if references to “this Act” in that section were references to:\n\n (a) this Schedule and any rules made under item 29 of this Schedule; and\n (b) the old law, to the extent that it applies because of this Schedule.\n\nPart 9—Miscellaneous\n\n28 Approved forms\n\nThe Secretary may, in writing, approve a form for the purposes of an item of this Schedule.\n\n29 Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n (b) the enactment of this Act or the Road Vehicle Standards Act 2018.\n\n(2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.\n\n(3) This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).\n\nSchedule 4—Consequential amendments\n\nPart 1—Amendments commencing day after Royal Assent\n\nAge Discrimination Act 2004\n\n1 Schedule 1 (after table item 41)\n\nInsert:\n\n| 42 | Rules made under the Road Vehicle Standards Act 2018 |\n| --- | ---------------------------------------------------- |\n\nPart 2—Amendments commencing at beginning of transitional period\n\nA New Tax System (Luxury Car Tax) Act 1999\n\n2 Subsection 25‑1(4)\n\nOmit “vehicle standards in force under section 7 of the Motor Vehicle Standards Act 1989”, substitute “national road vehicle standards in force under section 12 of the Road Vehicle Standards Act 2018”.\n\nCustoms Act 1901\n\n3 At the end of subsection 229(1A)\n\nAdd “or the Road Vehicle Standards Act 2018”.\n\nFuel Tax Act 2006\n\n4 Section 110‑5 (definition of Transport Minister)\n\nOmit “Motor Vehicle Standards Act 1989”, substitute “Road Vehicle Standards Act 2018”.\n\nInterstate Road Transport Act 1985\n\n5 Subsection 3(1) (at the end of the definition of compliance plate)\n\nAdd “(as in force before its repeal or as continued in force by the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018)”.\n\n6 Subsection 3(1) (paragraph (a) of the definition of MRC)\n\nBefore “the maximum mass”, insert “if the vehicle has a compliance plate—”.\n\n7 Subsection 3(1) (after paragraph (a) of the definition of MRC)\n\nInsert:\n\n (ab) if the vehicle is entered on the RAV—the maximum mass of the vehicle, including any load, as recorded on the RAV; or\n\n8 Subsection 3(1) (paragraph (b) of the definition of MRC)\n\nOmit “in relation to a vehicle for which there is no compliance plate”, substitute “if the vehicle has no compliance plate and is not entered on the RAV”.\n\n9 Subsection 3(1)\n\nInsert:\n\n> RAV (short for Register of Approved Vehicles) has the same meaning as in the Road Vehicle Standards Act 2018.\n\nInterstate Road Transport Charge Act 1985\n\n10 Section 3A (at the end of the definition of compliance plate)\n\nAdd “(as in force before its repeal or as continued in force by the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018)”.\n\n11 Section 3A (paragraph (a) of the definition of MRC)\n\nBefore “the maximum mass”, insert “if the vehicle has a compliance plate—”.\n\n12 Section 3A (after paragraph (a) of the definition of MRC)\n\nInsert:\n\n (ab) if the vehicle is entered on the RAV—the maximum mass of the vehicle, including any load, as recorded on the RAV; or\n\n13 Subsection 3A (paragraph (b) of the definition of MRC)\n\nOmit “in relation to a vehicle for which there is no compliance plate”, substitute “if the vehicle has no compliance plate and is not entered on the RAV”.\n\nNational Environment Protection Council Act 1994\n\n14 Paragraph 14(2)(b)\n\nOmit “Motor Vehicle Standards Act 1989”, substitute “Road Vehicle Standards Act 2018”.\n\nTrans‑Tasman Mutual Recognition Act 1997\n\n15 Clause 3 of Part 2 of Schedule 2 (at the end of the table item headed “Road vehicles”)\n\nAdd:\n\n| Road Vehicle Standards Act 2018 |\n| ------------------------------- |\n\nPart 3—Amendments commencing at end of transitional period\n\nAge Discrimination Act 2004\n\n16 Schedule 1 (table item 31)\n\nRepeal the item.\n\nCustoms Act 1901\n\n17 Subsection 229(1A)\n\nOmit “Motor Vehicle Standards Act 1989 or the”.\n\nTrans‑Tasman Mutual Recognition Act 1997\n\n18 Clause 3 of Part 2 of Schedule 2 (table item headed “Road vehicles”)\n\nOmit:\n\n| Motor Vehicle Standards Act 1989 |\n| -------------------------------- |","sortOrder":2}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the Motor Vehicle Standards Act 1989 to the Road Vehicle Standards Act 2018. The scope covers consequential amendments to other Acts (Customs Act, Fuel Tax Act, etc.) and detailed transitional provisions, which is exactly what the title and structure suggest. There is no significant scope creep beyond the machinery needed to implement the new vehicle standards regime."},"complexity_factors":["Multiple staggered commencement dates across 4 Schedules and 6 separate time points (December 2018, July 2021, July 2023)","Extensive cross-referencing between old law (Motor Vehicle Standards Act 1989) and new law (Road Vehicle Standards Act 2018)","Complex transitional mechanics: existing approvals 'continue in force' under old law but new law applies in some contexts, creating parallel legal regimes","Conditional logic for converting old approvals to new approvals with specific 6-month windows and documentary requirements","Nested exceptions and 'to avoid doubt' clauses throughout (e.g., items 3(3), 5(5), 20, 21)","Retention of specific old Act provisions (sections 12, 13G, 14, 15, 16, 19, 21, 22, 23, 24, 34, 37) while repealing the rest","Application of new Act's compliance and enforcement powers (Divisions 2-4 of Part 4) to old law during transitional period","Detailed record-keeping obligations that extend beyond the transitional period (7-year retention requirements)"],"plain_english_summary":"This Act is the 'clean-up' legislation that makes the new Road Vehicle Standards Act 2018 actually work in practice. It does three main things:\n\n**1. It bridges the gap between old and new systems**\nThe old Motor Vehicle Standards Act 1989 (which governed how cars and trucks are approved for sale in Australia) is being replaced by the new Road Vehicle Standards Act 2018. This Act ensures there's no chaos during the switch-over. It keeps the old rules alive temporarily so existing approvals don't suddenly become invalid.\n\n**2. It protects existing approvals and applications**\nIf you already had government approval to import vehicles, place identification plates on them, or operate as a registered automotive workshop under the old system, this Act lets you keep operating under those old rules for a transitional period (24 months). It also lets the government finish processing applications that were already in the pipeline when the new law started.\n\n**3. It provides a pathway to the new system**\nDuring the transitional period, businesses can 'convert' their old approvals into new 'road vehicle type approvals' under the 2018 Act by acknowledging the new conditions and paying fees. If they don't convert, their old approvals expire at the end of the transitional period.\n\n**Who does this affect?**\n- Car manufacturers and importers\n- Registered automotive workshops (businesses that modify or plate imported vehicles)\n- Specialist and enthusiast vehicle importers\n- Anyone with pending applications under the old Motor Vehicle Standards Act\n\n**Why it matters:**\nWithout this Act, the moment the new Road Vehicle Standards Act started, thousands of existing vehicle approvals would have become legally worthless, potentially stopping imports and sales. This Act prevents that disruption while ensuring everyone eventually moves to the new regulatory system."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act changes the legislative framework governing vehicle standards by repealing the Motor Vehicle Standards Act 1989 and transitioning regulatory authority, standards and approvals to the Road Vehicle Standards Act 2018 (Schedule 2, item 1; Schedule 1 item 2; Schedule 3 item 2). It preserves existing standards and many existing approvals during a defined transitional period (Schedule 3, Parts 3–6), establishes a procedure and deadline for converting old approvals into approvals under the new rules (items 5 and 12), and imposes continuing obligations (record retention, disposal/export) that can survive the end of approvals and the transitional period (items 3, 20). It also makes consequential amendments to other Commonwealth Acts to reflect the new statutory reference points (Schedule 4)."},"complexity_factors":["Extensive cross‑referencing between the old Motor Vehicle Standards Act 1989 and the new Road Vehicle Standards Act 2018 (Schedule 2 repeal; Schedule 3 transitional continuations and conversions).","Multiple classes of approvals and instruments (identification plates, used import plates, supply approvals, registered workshops, SEVs Register) each with their own transitional rules (Schedule 3, Parts 3–6).","Time‑limited and staged commencements (table in section 2) and a defined transitional period (24 months) with some obligations continuing beyond that period (section 2 table; Schedule 3 definition of transitional period; items 3, 20).","Conversion mechanics requiring specific steps within fixed windows (six‑month conversion window, acknowledgements, declarations, payment of charges) and deemed grants of 5‑year approvals (items 5 and 12).","Continuing obligations after approvals cease (record retention and disposal/export duties) with criminal penalties (items 3, 20, 21).","Delegation, authorisation and administrative rule‑making powers concentrated in Minister/Secretary/Administrator and ability to make transitional rules subject to limits (items 15, 22, 23, 28, 29).","Enforcement architecture that borrows divisions of the new Act and powers under the Regulatory Powers (Standard Provisions) Act 2014 for compliance during transition (item 25).","Consequential amendments to multiple other Commonwealth Acts to update references (Schedule 4), increasing inter‑statutory complexity."],"plain_english_summary":"What this law does, in plain terms\n\n- This Act is a short, technical law that makes the practical arrangements needed to move Australia’s vehicle regulation from the old Motor Vehicle Standards Act 1989 to the new Road Vehicle Standards Act 2018. It repeals the old Act (Schedule 2, item 1) and sets out transitional and consequential rules so the changeover happens without immediate disruption (Schedules 1 and 3). \n\nHow the change works mechanically\n\n- The Act repeals the Motor Vehicle Standards Act 1989 (Schedule 2, item 1) and provides transitional arrangements for standards, approvals, registers, approvals-in-progress and enforcement while the new Road Vehicle Standards Act 2018 is brought into effect (Schedule 3). \n- Existing vehicle standards that were in force under the old Act are treated as national road vehicle standards under the new Act for the transitional period and beyond as provided (Schedule 1, item 2; Schedule 3, item 2). \n- Many existing ministerial approvals, workshop registrations, used-import authorisations, identification-plate approvals and other permissions that were valid immediately before repeal are continued in force during a defined transitional period (generally a 24‑month transitional period that begins on commencement) subject to the old law (Schedule 3, Parts 3–6; e.g. items 4, 6, 9, 11, 13, 16, 17, 19). \n- Holders of many existing approvals can convert those old approvals into new road vehicle type approvals under the rules if they take specified steps within six months (for example: provide acknowledgements and signed declarations in an approved form and pay required charges). If they do so, they are taken to have a 5‑year road vehicle type approval under the new rules (see items 5 and 12). If they do not, the old approval generally ceases at the end of the transitional period (items 5(5), 12(5)). \n- The Act preserves certain obligations that survive the transition — notably obligations to retain records for specified periods and to export or destroy vehicles if those conditions were in existing approvals (items 3, 20). There are explicit criminal penalties where those continuing obligations are breached (item 3(3) and items 21(1)–(2): penalty 60 penalty units). \n- The Minister and departmental officers retain and are given transitional decision‑making powers (for example to decide pending applications under the old law, to authorise officers, to maintain the SEVs Register) and the Secretary may approve forms (items 22, 23, 28, 15). The Minister may also make limited transitional rules by legislative instrument (item 29). \n- The Act lists consequential amendments to other Commonwealth laws so references move from the old Act to the new Road Vehicle Standards Act 2018 where necessary (Schedule 4, Parts 1–3). \n\nWho is affected and who pays\n\n- Affected parties include: holders of existing approvals under the Motor Vehicle Standards Act 1989 (manufacturers, importers, registered automotive workshops, owners of specialist and enthusiast vehicles), persons with pending applications under the old law, and the Department and Minister who administer the scheme (Schedule 3, multiple items). \n- Those approval-holders who want their old approvals converted to the new road vehicle type approvals must provide specific acknowledgements/declarations in an approved form and pay transition charges (see items 5(1)(b)(i)–(iii) and 12(1)(b)(i)–(iii)). \n- Approval-holders bear compliance costs such as retained-records obligations (item 3 and item 20) and potential criminal penalties for failure to comply (item 3(3) and item 21). \n\nDecision‑making, discretion and enforcement\n\n- The Minister is required to decide pending applications under the old law in accordance with the old law and may give approvals that continue during the transitional period (items 4(2), 6(2), 11(2), 16(2), 17(2), 19(3)–(4)). \n- The Minister may authorise departmental officers, delegate functions, and the Secretary may approve forms (items 15, 22, 23, 28). The Minister may make transitional rules by legislative instrument, but those rules cannot create offences, provide arrest/search powers, impose taxes, appropriate funds or directly amend this Act (item 29(2)). \n- Enforcement of compliance with the old law and this Schedule during the transitional period is to be carried out under certain compliance and enforcement divisions of the Road Vehicle Standards Act 2018 (item 25). Those divisions allow appointment of inspectors and use of monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014 (item 25 note). \n\nPractical trade‑offs, incentives and costs (source‑grounded)\n\n- Continuity vs re‑registration: the Act preserves existing standards and approvals to avoid immediate disruption (Schedule 1, item 2; Schedule 3, items 4, 6, 9, 11, 13). That continuity reduces short‑term market disruption but requires transitional administration and creates a deadline (e.g. six‑month conversion window) that shifts administrative burden and cost onto approval‑holders (items 5 and 12). \n- Compliance persistence: some obligations (record retention, export/destroy requirements) continue to bind approval‑holders after approvals cease, and breach carries specified penalties (items 3(1)–(3), 20, 21). Those ongoing obligations create continuing compliance costs for former approval‑holders. \n- Concentrated vs diffuse effects: benefits of conversion (continued lawful supply under the new law) are concentrated among existing approval‑holders who meet the conversion requirements and pay the charges (items 5, 12). Compliance costs and record‑keeping obligations are concentrated on those same groups, while the public administrative cost of transition is borne by the department. \n- Bureaucratic discretion and implementation risk: many transitional outcomes depend on Ministerial decisions, authorisations and rules (items 4, 6, 11, 15, 22, 23, 29). That centralisation of decision points concentrates discretion in the Minister and delegated officers during the transitional period. \n- Interactions with other laws: the Act amends references in other Commonwealth enactments to ensure the new Road Vehicle Standards Act replaces the old Act in cross‑references (Schedule 4). Those consequential changes are mechanical but necessary to avoid legal inconsistency. \n\nWhy this matters (official purpose, attributed and tested)\n\n- The Act’s stated purpose is to provide consequential and transitional arrangements for replacing the Motor Vehicle Standards Act 1989 with the Road Vehicle Standards Act 2018 (Schedules 1–3; Schedule 2 repeals the old Act). That purpose is operationalised by continuing existing standards and approvals during a defined transitional period, creating a conversion process to the new approval regime, and preserving certain continuing obligations and enforcement powers (Schedule 3, items 2, 4–7, 11–19, 20–25). \n- Testing the official purpose against costs and incentives: the Act reduces immediate legal and market disruption by saving standards and approvals, but it shifts compliance costs onto approval‑holders through conversion steps, fees and record‑retention obligations. It concentrates decision‑making power with the Minister and delegated officers during transition, which simplifies coordination but creates dependence on administrative action and rule‑making (items 5, 12, 22, 23, 29). The Act also preserves enforcement paths to ensure compliance with the saved provisions (item 25)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title suggests — it manages the consequential amendments to other laws and the transitional arrangements needed to move from the old Motor Vehicle Standards Act 1989 regime to the new Road Vehicle Standards Act 2018 framework. The scope is consistent with its stated purpose throughout, covering the repeal of the old law, transitional protections for existing approvals, conversion pathways to new approvals, and updates to related legislation."},"complexity_factors":["Multiple staggered commencement dates tied to different sections of a separate Act, creating a complex timeline to follow","Dual legal frameworks operating simultaneously — the 'old law' and 'new law' both apply during the transitional period, with different rules for different categories of approval","Large number of distinct approval types (identification plates, used import plates, non-standard vehicles, registered automotive workshops) each with their own transitional rules","Cross-referencing between numerous instruments, regulations, and Acts — readers must consult multiple documents to understand the full picture","Obligations that survive beyond the end of the transitional period (e.g., 7-year record retention), creating ongoing duties even after the main framework has expired","Conditional conversion mechanism (item 5 and 12) with multiple steps, time limits, and evidentiary carve-outs that require careful parsing","Consequential amendments to at least 8 separate Acts across three different commencement stages","Interaction with the Regulatory Powers (Standard Provisions) Act 2014 for compliance and enforcement, adding another layer of external law"],"plain_english_summary":"## What This Law Does\n\nThis Act is a **supporting piece of legislation** that manages the transition from Australia's old vehicle standards system to a new one. It works alongside the *Road Vehicle Standards Act 2018* (the main new law) and does three key things:\n\n### 1. Repeals the Old Law\nIt abolishes the *Motor Vehicle Standards Act 1989* — the law that previously governed what vehicles could be sold or imported in Australia.\n\n### 2. Manages the Changeover Period (the \"Transitional Period\")\nThe switchover didn't happen overnight. There was a **24-month transition period** (from 1 July 2021 to 1 July 2023) during which:\n- **Existing approvals** (permissions businesses already held to import or sell vehicles) stayed valid under the old rules\n- **Pending applications** (submitted but not yet decided before the new law kicked in) were still processed under the old rules\n- **Businesses could convert** their old-style approvals into the new \"road vehicle type approvals\" by submitting paperwork and paying fees within 6 months of the transition starting\n- If businesses didn't convert within 6 months, their old approvals expired at the end of the transitional period\n\n### 3. Updates Other Laws\nIt makes amendments to a range of other Acts (like the *Customs Act 1901*, *Luxury Car Tax Act*, and *Trans-Tasman Mutual Recognition Act*) to replace references to the old vehicle standards law with references to the new one.\n\n---\n\n## Who Does This Affect?\n\n- **Vehicle importers and manufacturers** — businesses that bring cars, trucks, or other road vehicles into Australia or supply them to market needed to understand whether their existing approvals remained valid and how to transition to the new system\n- **Registered automotive workshops** — specialised workshops that handle used imported vehicles had transitional protections and continued obligations (like retaining records for 7 years)\n- **Government officials** — administrators, delegates, and inspectors had their appointments and powers carried over into the new system\n\n## Key Points to Know\n\n- **Existing approvals didn't just disappear** — they kept working during the transition period\n- **Record-keeping obligations survive** even after approvals expire — businesses must still keep certain records even after the transition ended\n- **Penalties apply** (60 penalty units — roughly $13,320 in 2023 values) for failing to retain records or failing to export/destroy vehicles as required\n- The famous **Australian Design Rules** (the technical safety and environmental standards for vehicles) were automatically carried over as \"national road vehicle standards\" under the new law"},"issue_detection":{"absurdities":[{"type":"other","section":"Schedule 3, Item 5(1)(b) and Item 5(5)","severity":"medium","reasoning":"Under item 5(1), if a person transitions within 6 months, the old approval ceases on that day and the new approval (with new law obligations) begins. Under item 5(5), if they do NOT transition, the old approval runs until the end of the full 24-month transitional period. A person who acts promptly loses the protection of the old law sooner than one who does nothing, creating a perverse disincentive to comply with the transition mechanism.","confidence":0.75,"description":"A person can satisfy the transition requirements within a 6-month window after commencement and receive a new approval, yet if they fail to act within that window, their old approval continues until the end of the 24-month transitional period anyway. This creates an absurd incentive structure: failing to transition gives the holder more time under the old law (up to 24 months) while succeeding in transitioning immediately subjects them to the stricter new law obligations from the date of transition."},{"type":"circular_definition","section":"Schedule 3, Item 3(3) read with Item 3(1)","severity":"low","reasoning":"The offence depends on a determination that was made under a repealed Act and which itself references the repealed Act's framework (registered automotive workshops, etc.). A person ceasing to be a registered automotive workshop (acknowledged in subitem 3(2)(b)) may have no clear legal anchor for what 'records required by section 8 of the Determination' actually means without the supporting framework of the repealed Act.","confidence":0.55,"description":"Item 3(1) continues the inspection/testing determination in force 'for the purposes of retaining the records required by section 8 of the Determination' for 7 years. Item 3(3) creates an offence for failure to retain records for 7 years beginning on commencement. However, the Determination being continued is the old law instrument that may itself reference obligations and definitions under the repealed Act, potentially rendering the record-retention obligation and corresponding offence unenforceable or circular if those underlying definitions no longer have operative effect."},{"type":"self_contradicting","section":"Schedule 3, Item 18(2)(c)","severity":"medium","reasoning":"Granting the Minister power to enter vehicles that don't meet the criteria, then immediately subjecting those entries to a law that uses those same criteria, creates a situation where the entry is simultaneously lawfully made and potentially unlawfully maintained under the new law.","confidence":0.7,"description":"Item 18(2)(c) permits the Minister to enter a vehicle on the SEVs Register 'even if the vehicle does not meet the criteria set out in the rules', and item 18(2)(d) then states that once entered, 'the entry of the vehicle on the SEVs Register is subject to the new law'. The new law (Road Vehicle Standards Act 2018) presumably governs what may remain on the SEVs Register using criteria-based rules. A vehicle entered in breach of those criteria is immediately subjected to a legal framework that could require its removal, making the ministerial power to enter non-compliant vehicles practically self-defeating."},{"type":"other","section":"Schedule 3, Item 29(2) read with Item 29(3)","severity":"low","reasoning":"The drafting creates an apparent paradox: the rules can do anything not prohibited by (2), and (3) confirms this, but (3) frames itself as a limiting clause ('does not limit') which adds no legal content. While not technically a logical flaw, it creates interpretive confusion about the scope of rule-making power.","confidence":0.6,"description":"Item 29(2) states the transitional rules 'may not' create offences, impose taxes, or directly amend the Act. Item 29(3) states 'This Act (other than subitem (2)) does not limit the rules that may be made'. This construction is internally redundant: the only operative limit is subitem (2), and subitem (3) merely restates that subitem (2) is the limit while purporting to remove all other limits. The provision achieves nothing beyond what a simple reading of subitem (2) alone would achieve, and could mislead readers into thinking subitem (3) confers an expansive positive power rather than simply being a confirmatory non-limitation clause."},{"type":"circular_definition","section":"Section 2, Commencement Table, Item 1 (self-reference)","severity":"low","reasoning":"A commencement provision that includes itself in the list of provisions whose commencement it governs is self-referential. This is a common drafting convention in Australian legislation and is generally resolved by operation of section 3 of the Acts Interpretation Act 1901, but it remains a logical circularity on the face of the provision.","confidence":0.65,"description":"The commencement table in section 2 states that 'Sections 1 to 3 and anything in this Act not elsewhere covered by this table' commence the day after Royal Assent. Section 2 itself contains this commencement table. This means section 2 purports to govern its own commencement — a mild but genuine self-referential circularity, as the provision specifying when it commences cannot logically be read before it commences."}],"contradictions":[{"severity":"low","section_a":"Schedule 1, Item 1(2)","section_b":"Schedule 3, Item 2","confidence":0.65,"description":"Schedule 1 item 1(2) provides that a vehicle standard under section 7 of the Motor Vehicle Standards Act 1989 'is taken also to be' a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018, operating during the period between 10 December 2018 and the day before section 15 of the new Act commences. Schedule 3 item 2 then provides that the same vehicle standards 'continue in force as if' they were national road vehicle standards under section 12, operating from commencement of Schedule 3 onwards. The two provisions use different deeming mechanisms ('taken also to be' vs 'continue in force as if') for what is substantively the same legal outcome, potentially creating two parallel legal bases for the same standards with different legal consequences, particularly if one basis is found invalid."},{"severity":"medium","section_a":"Schedule 3, Item 4(3)","section_b":"Schedule 3, Item 5(4)","confidence":0.7,"description":"Item 4(3) provides that the new law does not apply during the transitional period to importation and provision of vehicles covered by a continued old approval. Item 5(4) provides that once a person transitions to a new road vehicle type approval under item 5(1), the approval 'is subject to the new law'. However, item 5(1)(d) states the old approval ceases on the day of transition. If a person transitions mid-transitional-period, item 4(3) purports to shield the entire transitional period from the new law, yet item 5(4) immediately applies the new law from the date of transition — during the same transitional period that item 4(3) shields. The scope of item 4(3)'s protection is therefore cut short by item 5(4) in a manner not explicitly reconciled."},{"severity":"low","section_a":"Schedule 3, Item 5(5)","section_b":"Schedule 3, Item 4(1)","confidence":0.55,"description":"Item 4(1) continues old approvals in force 'during the transitional period subject to the provisions of the old law'. Item 5(5) provides that if a person fails to transition within 6 months, the approval 'ceases to be in force at the end of the transitional period'. These provisions are consistent on their face, but item 5(5) adds the qualifier 'unless earlier cancelled or suspended under the old law', while item 4(1) contains no such carve-out. This creates a technical inconsistency: item 4(1) appears to guarantee continuation for the full transitional period, while item 5(5) acknowledges the old law's cancellation/suspension powers can truncate that period. The provisions do not cross-reference each other to resolve this tension."},{"severity":"low","section_a":"Schedule 4, Part 2, Item 3 (Customs Act 1901, s 229(1A))","section_b":"Schedule 4, Part 3, Item 17 (Customs Act 1901, s 229(1A))","confidence":0.6,"description":"Part 2 amends s 229(1A) of the Customs Act 1901 to add 'or the Road Vehicle Standards Act 2018', so the subsection references both the Motor Vehicle Standards Act 1989 and the Road Vehicle Standards Act 2018 during the transitional period. Part 3 then amends s 229(1A) to omit 'Motor Vehicle Standards Act 1989 or the', leaving only a reference to the Road Vehicle Standards Act 2018. However, the Motor Vehicle Standards Act 1989 is repealed by Schedule 2 at commencement of the transitional period (when Schedule 2 commences at the same time as s 15 of the new Act). The Part 2 amendment adding both references therefore creates a live reference to a simultaneously repealed Act, which, while arguably addressed by Schedule 3 savings provisions, is not explicitly reconciled in the Customs Act amendments."},{"severity":"high","section_a":"Schedule 3, Item 8(1)","section_b":"Schedule 3, Item 9(1)","confidence":0.8,"description":"Item 8(1) allows new applications for used import plate approvals to be made during the transitional period under the repealed s 13C of the Motor Vehicle Standards Act 1989. Item 9(1) continues existing approvals granted under s 13D in force during the transitional period. Both items state the 'new law does not apply' to vehicles with approvals under these provisions. However, item 25 (compliance and enforcement) applies Divisions 2–4 of Part 4 of the Road Vehicle Standards Act 2018 (i.e., new law enforcement powers) to ensure compliance with the old law during the transitional period. This creates a contradiction where the new law simultaneously does not apply (items 8(2) and 9(3)) yet does apply (item 25) to the same vehicles and approvals during the transitional period, with no clear hierarchy between these provisions stated."}]}},"importantCases":[],"_links":{"self":"/api/acts/road-vehicle-standards-consequential-and-transitional-provisions-act-2018","history":"/api/acts/road-vehicle-standards-consequential-and-transitional-provisions-act-2018/history","analysis":"/api/acts/road-vehicle-standards-consequential-and-transitional-provisions-act-2018/analysis","conflicts":"/api/acts/road-vehicle-standards-consequential-and-transitional-provisions-act-2018/conflicts","importantCases":"/api/acts/road-vehicle-standards-consequential-and-transitional-provisions-act-2018/important-cases","documents":"/api/acts/road-vehicle-standards-consequential-and-transitional-provisions-act-2018/documents"}}