Div 4further provides that a road vehicle type approval or component type approval will, in certain circumstances, be automatically suspended following a change to the applicable national road vehicle standards. In these circumstances, the approval‑holder will need to apply to the Secretary for a variation of the relevant approval. If the Secretary does not vary the approval (or decide that there is no need to do so) before the new or amended standard would apply, the approval is suspended from that applicability time until the time the Secretary varies the approval (or decides that variation is unnecessary).

Division 4 further provides that a road vehicle type approval or component type approval will, in certain circumstances, be automatically suspended following a change to the applicable national road vehicle standards. In these circumstances, the approval‑holder will need to apply to the Secretary for a variation of the relevant approval. If the Secretary does not vary the approval (or decide that there is no need to do so) before the new or amended standard would apply, the approval is suspended from that applicability time until the time the Secretary varies the approval (or decides that variation is unnecessary).

For the purposes of sections 19, 23 and 70 of the Act, this Part provides for and in relation to the variation, suspension or revocation of approvals granted under this instrument.

(3) Without limiting subsections (1) or (2), the Minister or Secretary may vary such an approval by varying, removing or adding conditions to which the approval is subject.

Note: The Secretary may only approve a variation to a Model Report under section 87. However, subsection (2) does include the power to vary the approval of a Model Report.

(5) The Minister may suspend or revoke any approval given by the Minister under this instrument on his or her own initiative. (6) The Secretary may suspend or revoke any approval given by the Secretary under this instrument on his or her own initiative.

(1) Subject to subsection (2), in deciding whether to vary, suspend or revoke an approval under this Division, the Minister or Secretary must take into account the following: (a) whether the holder of the approval has engaged in conduct that contravenes or may have contravened road vehicle legislation; (iii) an approval held under the Motor Vehicle Standards Act 1989 that continues, or is taken to continue, in force under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018; (c) in the case of a road vehicle type approval—whether the use of the type of vehicle to which the approval applies on a public road would pose an unacceptable risk to public safety; (2) The Minister or Secretary may only vary an approval under this Division if the Minister or Secretary is satisfied that, if the approval as varied were the subject of an application under this instrument, he or she would grant the approval. (b) for a RAW approval, an AVV approval or a testing facility approval—a cost‑recovery charge that is due and payable in relation to the granting and ongoing operation of the approval has not been paid.

Note: For cost‑recovery charges in relation to the granting and ongoing operation of an approval, see subsection 254(1).

(b) an audit of the facility is undertaken by the government, or by a body or organisation, of that or another country; and
(c) the Secretary considers that information in the audit is relevant to whether or not the holder of the approval has failed to comply with a condition of the approval;

the Secretary may take the information into account in deciding whether to vary, suspend or revoke the approval under this Division.

(1) As soon as practicable after deciding to vary an approval under this Division, the Minister or Secretary, as the case may be, must notify the holder of the approval, in writing, of the decision. (b) if the notice specifies another day (whether earlier or later than the time mentioned in paragraph (a)) as the day on which the decision takes effect—on that day. (3) As soon as practicable after deciding to suspend or revoke an approval under this Division, the Minister or Secretary, as the case may be, must notify the holder of the approval, in writing, of the decision.

Except for the purposes of Parts 3 and 4 of the Act, an approval is not in force during any period in which it is suspended under this Division.

(2) Without limiting subsection (1), an application to vary such an approval may include an application to do any of the following:

195A

(1) The holder of an approval granted under this instrument may apply to the Secretary to change information of an administrative nature associated with the approval.

Note: The same form may be approved for an application under subsection 195A(1) as for an application under subsection 195(1).

(1) The Minister or Secretary may, in writing, request an applicant to provide, within the period specified in the request, further information about an application under subsection 195(1) or 195A(1). (2) The Minister or Secretary may refuse to consider the application until the applicant provides the information in accordance with the request.

(1) Subject to subsection (3), the Minister may vary an approval given by the Minister under this instrument on the application of the holder of the approval. (2) Subject to subsection (3), the Secretary may vary an approval given by the Secretary under this instrument on the application of the holder of the approval. (3) The Minister or Secretary may only vary an approval under this Division if satisfied that, if the approval as varied were the subject of an application under this instrument, he or she would grant the approval.

Note: A decision to vary an approval in terms other than those requested by the holder of the approval is reviewable (see section 230).

(1) The Secretary may change information of an administrative nature associated with an approval on the application of the holder of the approval, if satisfied that doing so would not amount to a variation of the approval. (2) If the Secretary is satisfied that changing the information would amount to a variation of the approval, the application is to be treated as though it were an application for variation of an approval under subsection 195(1).

Note: No application fee applies to an application under subsection 195A(1). However, an application fee may apply to an application under subsection 195(1).

(1) The holder of an approval granted by the Minister under this instrument may request the Minister, in writing, to suspend or revoke the approval. (2) The holder of an approval granted by the Secretary under this instrument may request the Secretary, in writing, to suspend or revoke the approval. (3) The Minister or Secretary must suspend or revoke an approval in accordance with a request under subsection (1) or (2) as soon as practicable after receiving it. (5) The Minister or Secretary may specify a period or event under subsection (4) even if the period or event is other than that requested by the holder of the approval.

Note: A decision to suspend an approval for a period, or until a specified event, other than that requested by the holder of the approval, is reviewable (see section 230).

(a) if the Minister or Secretary has decided to vary the approval—the amount of the fee payable under section 252 (if any);
(b) if the Minister or Secretary has decided to suspend the approval for a specified period—the period for which the suspension remains in effect;
(c) if the Minister or Secretary has decided to suspend the approval until a specified event occurs—that the suspension remains in effect until that event occurs;
(d) if the person applied under subsection 195A(1) for a variation of administrative information, and the Secretary decided that the application was to be treated as an application for variation of an approval under subsection 195(1)—that fact.
(a) where a fee is payable under section 252—that the decision does not take effect until the day after any outstanding fee is paid; and

Except for the purposes of Parts 3 and 4 of the Act, an approval is not in force during any period in which it is suspended under this Division.

(1) A road vehicle type approval or road vehicle component type approval is automatically suspended, by force of this section, if: (c) the new or amended standard is to apply in relation to those vehicles or road vehicle components from a particular time (the applicability time) after the standard is registered on the Federal Register of Legislation; and (d) those vehicles or road vehicle components would, if provided after the applicability time, be required to comply with the new or amended standard; and (i) varied the road vehicle type approval or road vehicle component type approval under subsection 197(2) on the application of the holder of the approval; or (ii) decided, after considering the application of the holder of the approval, that it is not necessary to vary the approval under subsection 197(2) on the basis that the vehicles or components covered by the approval already comply with the new or amended standard. (ii) decides, after considering the application of the holder of the approval, that it is not necessary to vary the approval under subsection 197(2) on the basis that the vehicles or components covered by the approval already comply with the new or amended standard.

Broadly speaking, Division 2 empowers the Minister to initiate compulsory recalls of road vehicles or approved road vehicle components of particular kinds where it appears to the Minister that such vehicles or components will or may cause injury to any person, or do not (or it is likely that they do not) comply with relevant standards. The supplier must then take prescribed remedial action.