CTHRepealedLegislation
Motor Vehicle Standards Regulations 1989
24Eligibility of vehicles to be entered on Register
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#### 24 Eligibility of vehicles to be entered on Register
(1) This regulation is made for paragraph 21(2)(c) of the Act.
(2) Subject to subregulation (7), a road vehicle is eligible to be entered on the Register if it is of a make of vehicle in a vehicle category in respect of which vehicles are not supplied to the market in full volume in Australia.
(3) Also, subject to subregulation (7), a road vehicle is eligible to be entered on the register if it:
(a) is of a make of vehicle in a vehicle category in respect of which vehicles are supplied to the market in full volume in Australia; and
(b) satisfies each of the criteria set out in subregulation (4) that apply to the vehicle.
(4) For paragraph (3)(b), the criteria are as follows:
(a) if the road vehicle is not a new vehicle, it must be of a vehicle model for which vehicles were first supplied to the market, in Australia or elsewhere, at least 18 months before the date of the application;
(b) whether or not the road vehicle is a new vehicle, it must:
(i) be intended for first supply to the market in Australia as a campervan under the provisions of Administrator’s Circular 0‑4‑12 and:
(A) be of a model that is not supplied to the market in full volume in Australia; or
(B) be a variant not supplied in Australia of a model that is supplied to the market in full volume in Australia; or
(ii) if it is not a road vehicle of a kind mentioned in subparagraph (i):
(A) be of a model that has not been supplied to the market in full volume in Australia; or
(B) being a model that has been supplied to the market in full volume in Australia, have a build date at least 1 year later than the build date of the last vehicle of the model supplied to the market in full volume in Australia;
(c) if the road vehicle is in the MA, MB, MC, MD1, MD2 or NA vehicle category, it must:
(i) be a single cab, four‑wheel drive vehicle with an open work tray; or
(ii) meet at least 2 of the following criteria:
(A) appearance—be significantly different in appearance to the popular class of vehicles in that category;
(B) unusual design features—be significantly different in sub‑assemblies to the popular class of vehicle in that category;
(C) performance—be significantly different in the level of performance to the popular class of vehicle in that category;
(D) specialist publications—be featured in at least 1 specialist motoring magazine in ‘as manufactured’ condition.
(5) Paragraph (4)(a) does not apply to a vehicle in respect of which the original manufacturer of the vehicle has told the Minister, in writing, that it does not intend to supply to the market vehicles of that model as new vehicles under an approval for supply in full volume in Australia.
(6) Sub‑subparagraph (4)(b)(ii)(B) does not apply to a vehicle if the person to whom approval has been granted under section 10A of the Act to place identification plates on vehicles of that model has told the Minister, in writing, that the person agrees to the waiver of the 1 year period mentioned in that sub‑subparagraph in respect of the vehicle.
(7) A vehicle is not eligible to be entered on the register if:
(a) it is in the TA, TB, TC or TD vehicle category; or
(b) it was manufactured before 1 January 1989.
(8) In this regulation:
> Administrator’s Circular 0‑4‑12 means the circular of that name issued by the Administrator, as in force at the commencement of this regulation.
> single cab, in relation to a vehicle, means having one row of seats in the cab of the vehicle.
> Note for paragraph (7)(a): T group vehicle categories are for trailers.