Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018

The Act introduces several key concepts. The new law is defined in item 1 of Schedule 3 to mean the Road Vehicle Standards Act 2018, the rules made under that Act, the national road vehicle standards determined under that Act, any other instruments under that Act or the rules, and three charges imposition Acts: the Road Vehicle Standards Charges (Imposition,Customs) Act 2018, the Road Vehicle Standards Charges (Imposition,Excise) Act 2018, and the Road Vehicle Standards Charges (Imposition,General) Act 2018. The old law is defined to mean the Motor Vehicle Standards Act 1989 (other than sections 25 to 32), the Motor Vehicle Standards Regulations 1989, the national standards under that Act (the Australian Design Rules), and several specific determinations and guidelines listed in paragraph (d) to (i) of the definition, as in force immediately before commencement. The transitional period is the 24-month period beginning on commencement of Schedule 3, that is, 1 July 2021 to 30 June 2023. The commencement for Schedule 3 is the day that Schedule 3 commences (1 July 2021). Approved form means a form approved by the Secretary under item 28 of Schedule 3. Under Part 2 of Schedule 3, vehicle standards in force under section 7 of the old Act continue in force as if they were national road vehicle standards determined under section 12 of the new Act (item 2). Procedures for testing vehicles, specifically the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002, continue for a 7-year retention period for the purpose of retaining records required by section 8 of that determination, regardless of whether the transitional period ends (item 3). The Act also distinguishes between different types of approvals under the old law: identification plate approvals under subsections 10A(1), (2) and (3); used import plate approvals under section 13D; supply of nonstandard vehicles approvals under section 14A or regulation 20; supply of used imported vehicles approvals under regulations 11, 12, 13 or 17; importation of vehicles requiring modification under section 19; and approval to import certain nonstandard vehicles under regulations made for paragraph 20(1)(b). There are also approvals for registered automotive workshops under sections 21A, 21B and 21C. The Act provides mechanisms for these approvals either to continue in force during the transitional period subject to the old law, or to be transitioned to a road vehicle type approval under the new law if the holder acts within a 6-month window (items 5 and 12). The SEVs Register (Register of Specialist and Enthusiast Vehicles) continues during the transitional period, and the Minister may, during the transitional period, enter a vehicle that was on the old register onto the new SEVs Register even if it does not meet the criteria set out in the rules (item 18). The Administrator and Associate Administrator under the old Act continue in office during the transitional period (item 22). Delegations by the Minister continue, and the Minister can make new delegations (item 23). Fees under section 24 of the old Act and Part 6 of the regulations continue (item 24).

The Act primarily affects persons and entities that held approvals, registrations or authorisations under the Motor Vehicle Standards Act 1989 immediately before 1 July 2021, or who had applications pending at that time. This includes manufacturers and importers of road vehicles who held identification plate approvals under subsections 10A(1), (2) and (3) (items 4, 5 and 6). It also affects registered automotive workshops that held approvals under section 13C or 13D for used import plates (items 8 and 9), and workshops that held approvals under sections 21A, 21B or 21C for workshop registration (item 19). Suppliers of nonstandard vehicles who held approvals under section 14A of the old Act or regulation 20 of the old regulations are affected, as are suppliers of used imported vehicles under regulations 11, 12, 13 or 17 (items 11, 12 and 13). Persons who had applied for these approvals before commencement but had not received a decision are also affected, because the Minister must still decide those applications under the old law. Importers who held approvals under section 19 (vehicles requiring modification) or under regulations made for paragraph 20(1)(b) (nonstandard vehicles) are covered by items 16 and 17. The Administrator and Associate Administrator under the old Act continue in office, and the Secretary may appoint new ones (item 22). Officers of the Department authorised by the Minister to give approvals under section 17A of the old Act continue in that role (item 15). The Minister and the Secretary have ongoing functions under the transitional provisions, including deciding pending applications, granting new applications during the transitional period, and approving forms (item 28). Any person who held an approval that is continued or granted under Schedule 3 may also be affected by the condition-continuation provisions in Part 6 of Schedule 3, which require record retention and vehicle export or destruction obligations to continue even after the transitional period ends, with penalties for non-compliance (items 20 and 21). The consequential amendments in Schedule 4 affect other Commonwealth bodies and persons dealing with customs, luxury car tax, fuel tax, interstate road transport, and mutual recognition. For example, the definition of compliance plate in the Interstate Road Transport Act 1985 is amended to refer to plates under the old Act as in force before repeal or as continued by this Act (item 5), and the definition of MRC (maximum road mass) now includes a fallback to the RAV (Register of Approved Vehicles) under the new Act (items 6-9).

The Act imposes several continuing duties and provides rights to transition approvals. Under item 3 of Schedule 3, a person who is required to retain records under the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 must retain those records for a period of 7 years beginning on commencement (1 July 2021). Failure to retain is an offence punishable by 60 penalty units. This duty continues even after the transitional period ends and even if the person ceases to be a registered automotive workshop under the old law. Part 6 of Schedule 3 (items 20 and 21) imposes two further duties on holders of approvals that are continued or granted under the Schedule. First, if the approval includes a condition to retain a record for a specified period, the holder must retain the record for that full period, even if the period extends beyond the transitional period and even if the approval itself ceases to be in force. Second, if the approval includes a condition to export or destroy a vehicle within a specified disposal period, the holder must export or destroy the vehicle within that period, again regardless of whether the period ends after the transitional period or the approval ceases. Breach of these duties is an offence punishable by 60 penalty units. Holders of certain approvals have the right to transition to a road vehicle type approval under the new law. Under item 5, holders of identification plate approvals under subsections 10A(1) or (2) may, within 6 months after commencement, provide to the Minister a written acknowledgement of the conditions applying to road vehicle type approvals, a signed declaration that the person satisfies those conditions, and pay the applicable charges. If they do so, they are taken to have been granted a road vehicle type approval for 5 years, and the old approval ceases. The same mechanism applies to holders of approvals to supply nonstandard vehicles under item 12. For those who do not transition within the 6-month window, the old approval will cease at the end of the transitional period (subitems 5(5) and 12(5)). Importantly, the written acknowledgement and declaration are treated for the purposes of sections 31 and 32 of the Road Vehicle Standards Act 2018 as information given under the rules (items 5(2) and 12(2)), meaning that the offences and civil penalty provisions for false or misleading information apply. Persons with pending applications for approvals under the old law have a right to have those applications decided by the Minister under the old law, and if granted, the approval continues during the transitional period. The Minister has the right to approve forms (item 28) and to make transitional rules (item 29). The Minister also has the power, during the transitional period, to enter a vehicle that was on the old Register of Specialist and Enthusiast Vehicles onto the new SEVs Register even if it does not meet the criteria in the rules, if the Minister considers it for the benefit of the Australian community (item 18(2)).

The Act creates or continues several offence provisions with penalty units. Under item 3 of Schedule 3, failure to retain records required by the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 for the 7-year retention period is an offence with a maximum penalty of 60 penalty units. Under item 21, two further offences carry the same 60-penalty-unit maximum: failure to retain a record for the retention period as required by a condition of a continued or granted approval, and failure to export or destroy a vehicle within the disposal period as required by a condition. The Act also continues certain offence provisions from the old law. Item 7 continues section 12 of the Motor Vehicle Standards Act 1989 and related provisions (offences in relation to identification plates) during the transitional period. Item 10 continues section 13G (offences in relation to placement of used import plates) for the transitional period. Item 14 continues section 17 (importation of road vehicles subject to conditions) for the transitional period. Item 15 continues section 17A (authority to take delivery of imported vehicles) and allows new approvals under that section during the transitional period. Offences for making false or misleading declarations or supplying false information are imported through items 5(2) and 12(2), which apply sections 31 and 32 of the Road Vehicle Standards Act 2018 to the written acknowledgement and declaration made during the transition process. For compliance and enforcement purposes, item 25 provides that Divisions 2 to 4 of Part 4 of the Road Vehicle Standards Act 2018 apply to ensure compliance with the old law during the transitional period and with Schedule 3 itself. Those Divisions allow inspectors to be appointed and trigger monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014. Item 26 continues section 34 of the old Act (evidentiary certificates) for conduct constituting an offence against sections 14, 15, 16 or 19 of that Act, engaged in before or during the transitional period. Item 27 continues section 37 of the old Act (legal proceedings not to lie) during the transitional period, and also applies section 81 of the new Act to Schedule 3 and the old law as it applies because of Schedule 3. This means that the new Act's protection from civil liability for certain actions taken in good faith under the Act extends to actions taken under the transitional Schedule and the continued old law.

The Act explicitly interacts with a range of other Commonwealth laws through the consequential amendments in Schedule 4. In the Age Discrimination Act 2004, the Act inserts a new table item 42 (commencing on 11 December 2018) covering rules made under the Road Vehicle Standards Act 2018, and later repeals item 31 (the old reference to the Motor Vehicle Standards Act 1989) from 1 July 2023 (items 1 and 16). The A New Tax System (Luxury Car Tax) Act 1999 has its reference to "vehicle standards in force under section 7 of the Motor Vehicle Standards Act 1989" replaced with "national road vehicle standards in force under section 12 of the Road Vehicle Standards Act 2018" effective from 1 July 2021 (item 2). The Customs Act 1901 is amended in two stages: on 1 July 2021 the words "or the Road Vehicle Standards Act 2018" are added at the end of subsection 229(1A), and on 1 July 2023 the words "Motor Vehicle Standards Act 1989 or the" are omitted from that provision (items 3 and 17). The Fuel Tax Act 2006 has its definition of "Transport Minister" updated to refer to the Road Vehicle Standards Act 2018 instead of the Motor Vehicle Standards Act 1989, effective 1 July 2021 (item 4). The Interstate Road Transport Act 1985 and the Interstate Road Transport Charge Act 1985 receive more detailed amendments to their definitions of "compliance plate" and "MRC" (maximum road mass). The compliance plate definition is expanded to include plates under the old Act as in force before its repeal or as continued by this Act (items 5 and 10). The MRC definition is restructured: for vehicles with a compliance plate, the mass from the plate is used; for vehicles entered on the RAV (Register of Approved Vehicles under the new Act), the mass from the RAV is used; and for vehicles with neither, the old fallback applies (items 6-9 for the Interstate Road Transport Act, and items 11-13 for the Interstate Road Transport Charge Act). The National Environment Protection Council Act 1994 has its reference to the Motor Vehicle Standards Act 1989 replaced with the Road Vehicle Standards Act 2018 effective 1 July 2021 (item 14). The Trans-Tasman Mutual Recognition Act 1997 has the Road Vehicle Standards Act 2018 added to its table of road vehicle laws effective 1 July 2021, and on 1 July 2023 the Motor Vehicle Standards Act 1989 entry is removed (items 15 and 18). Beyond the express amendments, the Act interacts with the Regulatory Powers (Standard Provisions) Act 2014 through item 25, which triggers monitoring and investigation powers for compliance with the old law and Schedule 3. The Act also allows the Minister to make transitional rules under item 29, which are legislative instruments subject to the usual parliamentary scrutiny and disallowance frameworks. Those rules cannot create offences, civil penalties, arrest or search powers, impose tax, set appropriations, or amend the Act itself.

The source text is the Act as originally enacted. Section 2 includes a table that states: "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." The note to the table reinforces that column 3 information is not part of the Act and may be edited in published versions. No subsequent amendment history is provided in the source. The Act itself, being a consequential and transitional Act, may have been amended over time by later legislation that altered transitional periods or adjusted the commencement of Schedule 4 parts, but the source does not record any such amendments. The Act's structure includes Schedules that themselves contain transitional provisions with specific expiry dates. For example, the transitional period defined in item 1 of Schedule 3 is the 24-month period beginning on commencement of Schedule 3 (1 July 2021), so that period ends on 30 June 2023. Part 3 of Schedule 4 commences on 1 July 2023, the day after the end of that transitional period. This indicates that the Act was designed as a time-limited transitional measure that would largely spend its force after 30 June 2023, though some obligations (such as record retention under items 3 and 20-21) survive beyond that date. The Minister's power to make transitional rules under item 29 may also have been used to extend or modify transitional arrangements, but the source does not record any such exercise.

The source text does not refer to any litigation, court proceedings, or judicial decisions. It contains no case names, no references to interpretive rulings, and no indication that any provision of the Act has been challenged or judicially considered. The Act itself is largely procedural and transitional, so significant litigation is less likely than with substantive regulatory Acts. However, the offence provisions (items 3 and 21) and the continued old law offences could give rise to prosecutions, and any such proceedings would be conducted in the ordinary courts. The evidentiary certificate provisions in item 26 (continuing section 34 of the old Act) may be relevant in such prosecutions. The interaction with the Regulatory Powers (Standard Provisions) Act 2014 could also give rise to litigation regarding the exercise of monitoring and investigation powers. The Minister's transitional rules under item 29, being legislative instruments, could theoretically be subject to judicial review for validity or ultra vires, but the source does not record any such challenge. Because the Act is tied to the operation of the Road Vehicle Standards Act 2018, any litigation concerning the interpretation or validity of the new Act may indirectly affect this Act's transitional provisions. However, the source text is silent on all of these matters, and the analyst cannot invent or infer any litigation history that is not present in the provided legislation.

Several provisions in the Act create traps for the unwary. The 6-month window for transitioning approvals under items 5 and 12 is deceptively short. If a holder of an identification plate approval or a supply approval does not provide the written acknowledgement, signed declaration and pay the charges within 6 months after commencement (i.e. by 31 December 2021, given commencement on 1 July 2021), the old approval will cease at the end of the transitional period (30 June 2023) unless earlier cancelled or suspended under the old law. There is no discretion to extend this window. The false or misleading declaration trap: the written acknowledgement and declaration made during the transition process are treated as information given under the rules for the purposes of sections 31 and 32 of the Road Vehicle Standards Act 2018. This means that the offences and civil penalty provisions for false or misleading information apply directly. A person who signs the declaration without carefully verifying that they satisfy the conditions for a road vehicle type approval could face serious penalties. The record retention obligations survive the transitional period. Under items 3, 20 and 21, the duty to retain records continues for the full retention period even if that period ends after the transitional period (30 June 2023) and even if the person ceases to be a registered automotive workshop or the approval ceases. This creates a long tail of compliance: records must be kept for up to 7 years from commencement (item 3) regardless of the person's status. The export or destroy vehicle condition under item 20(2) similarly survives the end of the approval and the end of the transitional period. Failure to export or destroy within the specified disposal period is an offence. The prevailing of the new rules over old conditions: under items 5(3)(e) and 12(3)(e), to the extent that a written condition of an old approval is inconsistent with a condition of a road vehicle type approval under the rules or a requirement of the rules, the rules prevail. Holders transitioning their approvals may find that conditions they thought were frozen are overridden by the new law. The number limits on used import plates continue to apply under items 8(3) and 9(4), even during the transitional period. The limits set out in regulation 6 of the old regulations remain in effect for new and continued approvals. The SEVs Register entry power in item 18 is a discretion for the Minister, not a right for the vehicle owner. The Minister may enter a vehicle on the SEVs Register even if it does not meet the criteria, but only if the Minister considers it for the benefit of the Australian community. There is no appeal right against a decision not to enter. The transitional rules power in item 29 cannot create offences or civil penalties, but it can otherwise prescribe matters of a transitional nature. Practitioners should monitor whether the Minister exercises this power to extend or modify the transitional arrangements, because reliance on unchanged timelines could be upset.

Any person holding an approval under the Motor Vehicle Standards Act 1989 that is continued or potentially convertible under Schedule 3 should take immediate action. First, identify which type of approval is held (identification plate under s10A(1),(2) or (3); used import plate under s13D; supply of nonstandard vehicles under s14A or reg 20; supply of used imported vehicles under reg 11,12,13 or 17; modification approval under s19; nonstandard import approval under reg 14; or registered automotive workshop approval under s21B/21C). Second, determine whether the approval is still in force and whether any application was pending at 1 July 2021. For identification plate approvals under s10A(1) or (2) and supply approvals under s14A or reg 20, the person has a 6-month window from 1 July 2021 to transition to a road vehicle type approval. Within that window, the person must: (a) provide to the Minister a written acknowledgement in the approved form that the person understands the conditions applying to road vehicle type approvals and that breach of any condition is an offence under the new law; (b) provide a signed declaration in the approved form that the person satisfies those conditions in respect of the vehicle type; and (c) pay any charges payable. The clock is strict: failure to do all three within 6 months means the old approval will cease at the end of the transitional period (30 June 2023) unless earlier cancelled. For approvals that are continued without transition (e.g. identification plate approvals under s10A(3), used import plate approvals, and registered automotive workshops), the person must continue to comply with all conditions of the old approval and all provisions of the old law during the transitional period. It is critical to maintain records as required; records must be retained for the full period specified in the condition or in the old law (up to 7 years for testing records under item 3), even after the transitional period ends and even if the person ceases to be a registered automotive workshop. If a condition requires the export or destruction of a vehicle within a specified disposal period, that must be carried out within that period, and the obligation survives the end of the approval and the transitional period. All persons dealing with approvals should monitor the Minister's transitional rules under item 29, as these may modify requirements. Forms approved by the Secretary under item 28 must be used for any applications, acknowledgements or declarations. For enforcement purposes, the new law's compliance mechanisms apply: inspectors may be appointed and monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014 can be used to check compliance with the old law and Schedule 3. Therefore, persons should cooperate with inspectors and maintain all relevant records in an accessible form. Finally, for entities affected by the consequential amendments, such as those dealing with customs duties, luxury car tax, fuel tax credits, or interstate road transport charges, the definitions and references in those Acts have been updated. Practitioners should ensure that they are using the correct legislative references for compliance and reporting purposes, particularly for vehicles with compliance plates, RAV entries, and MRC calculations.