5Definitions

#### 5 Definitions (1) In this Act: > 1958 Agreement means the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions done at Geneva on 20 March 1958, as amended and in force for Australia from time to time. > Note: The Agreement is in Australian Treaty Series 2000 No. 11 (\[2000\] ATS 11) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). > 1998 Agreement means the Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles done at Geneva on 25 June 1998, as amended and in force for Australia from time to time. > Note: The Agreement is in Australian Treaty Series 2008 No. 7 (\[2008\] ATS 7) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). > approved road vehicle component means a road vehicle component to which a road vehicle component type approval applies. > Australia does not include any external Territory. > Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act. > civil penalty provision has the same meaning as in the Regulatory Powers Act. > Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970. > constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > cost‑recovery charge means: (a) a fee prescribed by rules made for the purposes of section 66 for a fee‑bearing activity; or (b) a charge imposed by: (i) the Road Vehicle Standards Charges (Imposition—Customs) Act 2018; or (ii) the Road Vehicle Standards Charges (Imposition—Excise) Act 2018; or (iii) the Road Vehicle Standards Charges (Imposition—General) Act 2018; or (c) a late payment fee relating to a fee or charge described in paragraph (a) or (b). > disclosure notice: see subsection 41(2). > engage in conduct means: (a) do an act; or (b) omit to perform an act. > entry pathway: see subsection 15(2). > executive officer of a body corporate means a person (whether or not a director of the body) who is concerned in, or takes part in, the management of the body. > Federal Court means the Federal Court of Australia. > fee‑bearing activities: see section 66. > import, in relation to a road vehicle, means do an act which constitutes importation of the vehicle for the purposes of the Customs Act 1901. > import approval means: (a) a RAV entry import approval; or (b) a non‑RAV entry import approval; or (c) any other import approval granted under the rules. > inspector means a person appointed as an inspector under section 49. > late payment fee: see section 68. > listed corporation has the meaning given by section 9 of the Corporations Act 2001. > manufacture, in relation to a road vehicle, includes modify the vehicle and assemble the vehicle. > motor vehicle means a vehicle that uses, or is designed to use: (a) volatile spirit, gas, oil, electricity or any other power (other than human or animal power) as the principal means of propulsion; or (b) more than one of the powers mentioned in paragraph (a) (other than human or animal power) as a means of propulsion; but does not include a vehicle used exclusively on a railway or tramway. > national road vehicle standard: see section 12. > non‑RAV entry import approval means a non‑RAV entry import approval granted under the rules. > permitted to import, in relation to a road vehicle: see subsection 22(2). > personal information has the same meaning as in the Privacy Act 1988. > premises has the same meaning as in the Regulatory Powers Act. > provide, in relation to a road vehicle, includes the meaning given by subsection (2). > public road means a road open to the public for the passage of vehicles, excluding: (a) a footpath or bicycle path; and (b) a bikeway, also known as a bike or cycle lane. > RAV: see Register of Approved Vehicles. > RAV entry import approval means a RAV entry import approval granted under the rules. > recall notice means a recall notice issued under the rules. > Register of Approved Vehicles or RAV: see subsection 14(1). > Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. > relevant court means: (a) the Federal Court; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. > road vehicle: see section 6. > road vehicle component: see section 7. > road vehicle component type approval means a road vehicle component type approval granted under the rules. > road vehicle type approval means a road vehicle type approval granted under the rules. > rules means the rules made under section 82. > Secretary means the Secretary of the Department. > SEVs Register: see Specialist and Enthusiast Vehicles Register. > Specialist and Enthusiast Vehicles Register or SEVs Register: see section 20. > supply: (a) when used as a verb, includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and (b) when used as a noun, has a corresponding meaning; and supplied and supplier have corresponding meanings. > Note: For Part 3, the meaning of supply is also affected by section 45. > this Act includes: (a) the rules and any instruments made under the rules; and (b) other instruments made under this Act; and (c) the Regulatory Powers Act as it applies in relation to this Act. > trade or commerce means: (a) trade or commerce within Australia; or (b) trade or commerce between Australia and places outside Australia; and includes any business or professional activity (whether or not carried on for profit). Extended meaning of provide (2) A reference in this Act to a person providing a road vehicle includes a reference to: (a) the provision of the vehicle due to a sale, exchange, gift, lease, loan, hire or hire‑purchase; or (b) the provision of access to the vehicle.