Part Part 5 - Road Vehicle Standards Rules 2019 - provides for the grant of approvals to permit the importation of road vehicles into Australia. The Part deems the holder of a concessional RAV entry approval to be the holder of an import approval in certain circumstances. It also provides for three further types of import approval: | Zoe
Part 5provides for the grant of approvals to permit the importation of road vehicles into Australia. The Part deems the holder of a concessional RAV entry approval to be the holder of an import approval in certain circumstances. It also provides for three further types of import approval:
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Part 5 provides for the grant of approvals to permit the importation of road vehicles into Australia. The Part deems the holder of a concessional RAV entry approval to be the holder of an import approval in certain circumstances. It also provides for three further types of import approval:
transitional import approvals (which are available temporarily for certain vehicles following the repeal of the Motor Vehicle Standards Act 1989); and
reimportation import approvals (for vehicles that are outside Australia, but have been either entered on the RAV or fitted with an identification plate or used import plate under the Motor Vehicle Standards Act 1989).
Part 6 provides for the grant of approvals relating to road vehicle components intended for use in the manufacture or modification of certain road vehicles, and the conditions that apply to such approvals. While road vehicle components do not have to be approved in order to be used in road vehicles, the grant of a component type approval provides a means of simplifying the evidence requirements for certain other approvals.
Part 7 empowers the Minister and Secretary to vary, suspend or revoke approvals granted under this instrument, whether on the Minister or Secretary’s own initiative (under Division 2) or the request of the approval‑holder (under Division 3). Road vehicle type approvals and road vehicle component type approvals will also be automatically suspended in the circumstances set out in Division 4.
Part 8 provides for the recall of road vehicles and approved road vehicle components of particular kinds when, broadly speaking, it appears to the Minister that those vehicles or components do not comply (or it is likely that they do not comply) with relevant standards, or will or may cause injury to a person. It also requires a person who voluntarily takes action to recall road vehicles or road vehicle components to give notice of prescribed matters to the Minister and certain overseas parties.
Part 9 makes provision for a range of miscellaneous matters. Among other things, it requires the Secretary to publish details of various approvals and their variation, suspension or revocation, and provides for the delegation of powers and reviewability of decisions made under this instrument.
aggregate trailer mass means the total mass of a laden trailer when carrying the maximum load recommended by the manufacturer, and includes any mass imposed on the towing vehicle when the towing vehicle and trailer are connected and resting on a horizontal surface.
approved Model Report means a Model Report for which an approval is in force under section 71 (including a varied Model Report for which an approval is in force under that section because of section 87).
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr style="height:27.65pt"><td colspan="4" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Applications for transitional import approvals</span><span></span></p></td></tr><tr style="height:36.25pt"><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:25.36%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>The following may apply…</span></p></td><td style="width:34.78%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>For an approval of the following kind…</span></p></td><td style="width:32.62%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p><p class="TableHeading"><span>In respect of…</span></p></td></tr></thead><tbody><tr style="height:18.5pt"><td style="width:7.22%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:25.36%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A RAW</span></p></td><td style="width:34.78%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A RAW (used vehicle) import approval</span></p></td><td style="width:32.62%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A road vehicle that is not a new vehicle</span></p></td></tr><tr style="height:17.7pt"><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:25.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A RAW</span></p></td><td style="width:34.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A RAW (unrestricted volume used two or three</span><span>‑</span><span>wheeled vehicle) import approval</span></p></td><td style="width:32.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>One or more two</span><span>‑</span><span>wheeled or three</span><span>‑</span><span>wheeled vehicles that are not new vehicles</span></p></td></tr><tr style="height:17.7pt"><td style="width:7.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:25.36%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A person</span></p></td><td style="width:34.78%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A trailer (aggregate trailer mass of 4.5 tonnes or less) import approval</span></p></td><td style="width:32.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>One or more road vehicles that are both:</span></p><p class="Tablea"><span>(a) nonstandard road vehicles or road vehicles that do not have an identification plate; and</span></p><p class="Tablea"><span>(b) road trailers with an aggregate trailer mass of 4.5 tonnes or less</span></p></td></tr></tbody></table>
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ATA Convention means the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods done at Brussels on 6 December 1961, as in force for Australia from time to time.
Note: The ATA Convention is in Australian Treaty Series 1967 No. 20 ([1967] ATS 20), and could, in 2019, be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
CPD carnet means a document mentioned in Article 7(1) of the Private Road Vehicles Convention, issued in accordance with that Convention.
Istanbul Convention means the Convention on Temporary Admission done at Istanbul on 26 June 1990, as in force for Australia from time to time.
Note 1: The Istanbul Convention is in Australian Treaty Series 1993 No. 43 ([1993] ATS 43), and could, in 2019, be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 2: A reference to the Istanbul Convention includes a reference to an Annex to that Convention, as in force for Australia from time to time.
key management personnel, of a body corporate, means persons who have authority and responsibility for planning, directing and controlling the activities of the body corporate (whether directly or indirectly) and includes any director (whether executive or otherwise) of the body corporate.
new vehicle means a vehicle that has not been used in transport on a public road in Australia or outside Australia, other than:
Private Road Vehicles Convention means the Customs Convention on the Temporary Importation of Private Road Vehicles done at New York on 4 June 1954, as in force for Australia from time to time.
Note: The Private Road Vehicles Convention is in Australian Treaty Series 1967 No. 2 ([1967] ATS 2), and could, in 2019, be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au), together with amendments to that Convention.
RAW (unrestricted volume used two or three‑wheeled vehicle) import approval means an import approval granted under section 146F.
(a) in relation to the design and componentry of each variant of vehicle covered, or to be covered, by a road vehicle type approval—information that sets out the details of every aspect of vehicle design and componentry (including the source material and manufacturing process of each component) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(b) in relation to the manufacturing process that is used, or will be used, to produce each variant of vehicle covered, or to be covered, by a road vehicle type approval—information that sets out the details of every aspect of the manufacturing process (including the material, vehicle components and equipment used in that process) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(c) in relation to the design and componentry of each road vehicle component covered, or to be covered, by a road vehicle component type approval—information that sets out the details of every aspect of vehicle component design (including the source material and manufacturing process of the vehicle component) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(d) in relation to the manufacturing process that is used, or will be used, to produce each road vehicle component covered, or to be covered, by a road vehicle component type approval—information that sets out the details of every aspect of the manufacturing process (including the material and equipment used in that process) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(e) if a person does not possess some or all of the information mentioned in paragraph (a), (b), (c) or (d)—a copy of any contractual or other arrangement under which the person may access the information.
trailer (aggregate trailer mass of 4.5 tonnes or less) import approval means an import approval granted under section 146G.
vehicle category means a vehicle category set out in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005, but does not include a subcategory of vehicle category set out in that Vehicle Standard, except where expressly stated in, or impliedly required by, road vehicle legislation.
This Part provides for the keeping of the Register Approved Vehicles (the RAV) established under section 14 of the Act. Section 24 of the Act requires that a road vehicle must generally be on the RAV before a person may provide it for the first time in Australia. Subsection 5(2) of the Act gives an extended meaning to the concept of ‘providing’ a road vehicle. However, subsection 24(3) of the Act, in effect, sets out certain circumstances that do not constitute ‘providing’ a vehicle for these purposes.
A vehicle is only taken to be on the RAV if all of the information set out in section 8 is entered on the RAV in relation to that vehicle. Information may only be entered on the RAV, or subsequently varied to correct errors, by the Secretary and certain other persons (see sections 9 and 11). The RAV must be made publicly accessible online, and certain information on that register must be available to any person who searches for a particular vehicle by its vehicle identification number. The Minister may make various determinations regarding the form and content of the RAV.
(i) the name of the holder of the road vehicle type approval under which the vehicle satisfies the requirements of the type approval pathway; and
(e) any other information that is required by a determination made under section 12 to be entered on the RAV in relation to the vehicle.
Note: The date of entry of a vehicle on the RAV may not be able to be entered until an outstanding cost‑recovery charge is paid (see section 12A).
(ii) a person authorised, in writing, by the holder of such an approval to enter vehicles on the RAV under the approval; or
(c) for the concessional RAV entry approval pathway or if an approval, or a condition of an approval, relating to a road vehicle requires the vehicle or any modifications of the vehicle to be verified by the holder of an AVV approval—the holder of the AVV approval under which the vehicle and any modifications of the vehicle are verified.
Note: A person may commit an offence or contravene a civil penalty provision if the person enters information on the RAV without authorisation (see section 17 of the Act).
(2) Information that is entered on the RAV by a person mentioned in paragraph (1)(b) or (c) is taken to have been collected by the Secretary.
The Secretary must ensure that a publicly accessible website is established and maintained that enables a person to enter the vehicle identification number for a vehicle and, if there is an entry on the RAV in relation to the vehicle, to access the following information on the RAV that relates to the vehicle:
(1) If the Secretary is satisfied that an error exists in information on the RAV (whether because the Secretary has been notified of the error or otherwise), the Secretary may cause the information on the RAV to be varied, including by removing a vehicle from the RAV, for the purpose of correcting the error.
Note 1: An error may exist due to, for example, non‑compliance with the applicable entry pathway, clerical or typographical errors or fraud.
Note 2: An approval that enables a person to enter information on the RAV is subject to a condition that the holder of the approval notify the Secretary if the holder becomes aware of an error in information entered on the RAV (see sections 28 and 105).
(2) Without limiting subsection (1), if the error is in information entered on the RAV by a person authorised to do so under paragraph 9(1)(b) or (c), the Secretary may cause the information to be varied by giving written permission to the person to vary the information on the RAV.
(3) Information on the RAV must not be varied (including by removing a road vehicle from the RAV) other than in accordance with this section.
(i) the charge mentioned in item 1 of the table in subsection 254(1) in relation to the entry of the vehicle on the RAV has not been paid or wholly remitted; and
(ii) an invoice specifying the time the charge is due and payable has not been issued to the person liable to pay the charge; and
(iii) the Secretary, on behalf of the Commonwealth, has not entered into a written agreement with the person that the invoice may be issued after the vehicle is entered on the RAV; or
(b) for a vehicle that satisfies the requirements of the concessional RAV entry approval pathway—the charge mentioned in subsection 254(2) in relation to the entry of the vehicle on the RAV has not been paid or wholly remitted.
(2) The Secretary must not enter on the RAV the date of entry of the vehicle on the RAV if this section applies to the vehicle.
Note 1: A vehicle is not on the RAV if the date of entry of the vehicle on the RAV is not entered on the RAV (see paragraph 8(a)).
Note 2: Under section 72 of the Act, the Secretary may remit the whole or part of a cost‑recovery charge that is payable to the Commonwealth if the Secretary is satisfied there are circumstances that justify doing so.
The Act provides that a vehicle may be entered on the RAV if it satisfies the requirements of an entry pathway. This Part provides for two such pathways – the type approval pathway and the concessional RAV entry approval pathway. A road vehicle type approval applies to all vehicles of a particular type, while a concessional RAV entry approval applies to an individual road vehicle.
A vehicle satisfies the requirements of the type approval pathway, and may therefore be entered on the RAV, if it meets the criteria set out in section 15. One key criterion is that there must be a road vehicle type approval in force that applies to that type of vehicle. Division 2 sets out the process by which a person may apply for a road vehicle type approval, and the considerations and evidence that the Secretary is to take into account when deciding whether to grant the approval.
Alternatively, a road vehicle can be entered on the RAV via the concessional RAV entry approval pathway if there is a concessional RAV entry approval in force for that vehicle, certain relevant conditions on the approval have been met, and (unless the approval otherwise provides) the vehicle is in Australia. Division 3 sets out the process for applying for a concessional RAV entry approval, and the matters that the Minister is to take into account in granting such an approval.
Both road vehicle type approvals and concessional RAV entry approvals are subject to various conditions. Certain conditions apply to all such approvals, while the Secretary or Minister (as applicable) may impose further conditions on a case‑by‑case basis.
This Part also provides for certain miscellaneous matters, including when modifications that take place between the entry of a vehicle on the RAV and the provision of the vehicle to a consumer are permitted for the purposes of section 26 of the Act.
(1) A vehicle of a particular type satisfies the requirements of the type approval pathway if, immediately before the vehicle is entered on the RAV:
(b) the design and componentry of the vehicle is in accordance with the design and componentry for that type of vehicle set out in any version of the supporting information for the approval that:
(ii) documents test results demonstrating the extent of the vehicle’s compliance with the applicable national road vehicle standards; and
(c) the vehicle was manufactured in accordance with the manufacturing process for that type of vehicle set out in any version of the supporting information for the approval that:
(ii) documents test results demonstrating the extent of the vehicle’s compliance with the applicable national road vehicle standards; and
(i) the vehicle complies with the applicable national road vehicle standards, as in force at the time the vehicle is entered on the RAV; or
Note 1: A road vehicle type approval may specify that, in certain circumstances, a vehicle of a type covered by the approval may be entered on the RAV when the vehicle is outside Australia (see subsection 23(3)).
Note 2: Where a vehicle satisfies the requirements of the type approval pathway, the Secretary, the holder of a road vehicle type approval that applies to the vehicle, or a person authorised in writing by the holder of the approval, may enter the vehicle on the RAV (see section 9).
Note 3: Subsection 6(1) of the Act partly defines the term ‘road vehicle’. Under subsection 6(2), however, a vehicle that is not captured by subsection 6(1) will nonetheless become a ‘road vehicle’ when it is entered on the RAV by a person authorised to do so under a road vehicle type approval.
(a) the road vehicle type approval specifies that vehicles of that type are not required to comply with the applicable national road vehicle standards in certain respects, or to a certain extent, in order to be entered on the RAV; and
(b) the vehicle complies with the applicable national road vehicle standards as in force at the time the vehicle is entered on the RAV, except in those respects or to that extent.
Note: Subsection 19(3) permits the Secretary to grant a road vehicle type approval in respect of a type of vehicle that does not comply with the applicable national road vehicle standards, provided that the non‑compliance is only in minor and inconsequential respects, or, failing that, the type of vehicle complies with those standards to an extent that makes it suitable for use on a public road in Australia.
Note: In that event, paragraph 23(2)(e) requires that the road vehicle type approval specify the respects in which, or the extent to which, vehicles of the relevant type are not required to comply with the applicable national road vehicle standards in order to be entered on the RAV under the approval.
(1) A person may apply to the Secretary for the grant of an approval (a road vehicle type approval) to enter vehicles of a particular type on the RAV.
(ii) while the approval is in force, and for the period of 7 years after it expires, the person will be able to provide the original and any subsequent versions of the supporting information; and
Note 1: The Secretary may refuse to consider an application if it does not comply with subsection 16(2) (see section 18).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person signs a false or misleading declaration (see section 31 of the Act).
Note 3: Under subsection 22(2) of the Act, a person is permitted to import a road vehicle if, at the time of importation, the person holds a road vehicle type approval, the approval is in force, and the vehicle is of a type to which the approval applies.
(1) To assist in deciding whether to grant a road vehicle type approval to a person in respect of a type of vehicle, the Secretary may request the person to do the following:
(c) allow or arrange for the Secretary or an inspector to inspect vehicles of that type, or vehicle components of vehicles of that type.
(b) state that the Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 17(1) within the period mentioned in paragraph 17(2)(b).
Note: Subsection 16(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(1) The Secretary may grant a road vehicle type approval to a person in respect of a type of vehicle if the Secretary is satisfied that:
(i) the type of vehicle complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application; or
(i) the person has control over all stages of the design, componentry and manufacturing process for the type of vehicle; or
(ii) the person is able to access information, including information about any changes, relating to the design, componentry and manufacturing process for the type of vehicle that may affect that type of vehicle’s compliance with the applicable national road vehicle standards; and
(c) the person is able to ensure that the design, componentry and manufacturing process will consistently produce the type of vehicle; and
(d) the person is able to arrange for the Secretary or an inspector to inspect premises used, or to be used, in the manufacturing process for the purposes of assessing compliance with:
(ii) any other requirements of the Act, this instrument, or an instrument made under the Act or this instrument that apply in relation to the person or the type of vehicle; and
(f) while the approval is in force, the person will ensure that the supporting information for the approval is kept up‑to‑date; and
(ii) any other requirements of the Act, this instrument, or an instrument made under the Act or this instrument that apply in relation to the person or the type of vehicle.
(2) For the purposes of subparagraph (1)(a)(i) and paragraph (3)(a), the Secretary may take into account only the following matters:
(i) issued by the government of a foreign country that is a contracting party to the 1958 Agreement, or by a person who is a competent authority of such a government for the purposes of that agreement; and
(ii) that indicates that the type of vehicle complies with requirements applying under that agreement that are equivalent to the applicable national road vehicle standards as in force at the time the Secretary decides the application;
(c) in respect of road vehicle components used in the type of vehicle—whether the road vehicle components are approved road vehicle components;
(g) any matter or thing specified in an applicable national road vehicle standard to be acceptable as evidence of compliance with that standard, or an element of that standard, as in force at the time the Secretary decides the application;
(h) any information about whether the matters mentioned in paragraphs (a) to (g) demonstrate that vehicles of the type to which the application relates comply with the applicable national road vehicle standards;
(a) the type of vehicle substantially complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application; and
(i) the type of vehicle’s non‑compliance with the applicable national road vehicle standards, as in force at the time the Secretary decides the application, is only in minor and inconsequential respects; or
(ii) where subparagraph (i) does not apply—the type of vehicle complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application, to an extent that makes it suitable for use on a public road in Australia.
(4) A type of vehicle satisfies subparagraph (3)(b)(ii) only if, were the type of vehicle used on a public road in Australia, it:
Subject to subsection 19(2), in deciding whether to grant, or to refuse to grant, a road vehicle type approval to a person, the Secretary may take into account:
(b) if the person is a body corporate—whether, for each member of the key management personnel of the person, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Secretary must decide an application for a road vehicle type approval within 60 business days after receiving the application.
(2) If the Secretary has made a request under subsection 17(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or the premises, vehicles or vehicle components are inspected, as the case may be.
(1) If the Secretary decides to grant a road vehicle type approval to a person, the Secretary must, as soon as practicable:
(d) the national road vehicle standards applicable to the type of vehicle and the reference numbers of the documents mentioned in subsection 19(2) that demonstrate that vehicles of that type comply with those standards;
(e) if subsection 19(3) applies to the type of vehicle—the respects in which, or the extent to which, vehicles of that type are not required to comply with the applicable national road vehicle standards in order to be entered on the RAV under the approval;
(h) that the approval expires at the end of the period of 7 years after it comes into force, unless it is revoked earlier.
(3) A road vehicle type approval may specify that, in certain circumstances, a vehicle of a type covered by the approval may be entered on the RAV when the vehicle is outside Australia.
Note: Unless a road vehicle type approval allows a vehicle to be entered on the RAV when it is outside Australia, the vehicle will not satisfy the requirements of the type approval pathway if, immediately before it is entered on the RAV, the vehicle is outside Australia (see paragraph 15(1)(f)).
If the Secretary decides to refuse to grant a road vehicle type approval to a person, the Secretary must, as soon as practicable:
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
(1) Except where subsection (3) applies, it is a condition of a road vehicle type approval that the holder of the approval, at all times:
(a) ensure that vehicles covered by the approval, at the time they are entered on the RAV, comply with the applicable national road vehicle standards as in force at that time; and
(i) demonstrates that vehicles covered by the approval comply with those standards at the time they are entered on the RAV; and
(2) Subsection (3) applies where the approval specifies that vehicles covered by the approval are not required to comply with the applicable national road vehicle standards in certain respects, or to a certain extent, in order to be entered on the RAV under the approval.
Note: The road vehicle type approval must, under paragraph 23(2)(e), specify the respects in which, or the extent to which, vehicles of that type are not required to comply with the applicable national road vehicle standards in order to be entered on the RAV under the approval.
(a) ensure that vehicles covered by the approval, at the time they are entered on the RAV, comply with the applicable national road vehicle standards as in force at that time, except in the respects, or to the extent, mentioned in subsection (2); and
(i) demonstrates that vehicles covered by the approval comply with those standards to the extent mentioned in paragraph (a); and
(4) It is a condition of a road vehicle type approval that the holder of the approval must not give instructions, for the purposes of paragraph 51(e), that would result in a vehicle covered by the approval ceasing to comply with the applicable national road vehicle standards as in force at the time the Secretary granted the approval, except in the respects or to the extent (if any) that vehicles of that type are not required to comply with those standards in order to be entered on the RAV under the approval.
Note: The notice for the grant of the approval will specify the respects in which, or the extent to which, vehicles of the relevant type are not required to comply with the applicable national road vehicle standards in order to be entered on the RAV (see paragraph 23(2)(e)). This is relevant to a type of vehicle to which subsection 19(3) (substantial compliance) applies.
It is a condition of a road vehicle type approval that the holder of the approval implement a conformity of production system that:
(b) ensures that, at the time that a vehicle is entered on the RAV under the approval, the vehicle satisfies the requirements of the type approval pathway under section 15.
It is a condition of a road vehicle type approval that, if the holder of the approval becomes aware of an error in information entered on the RAV under the approval (whether by the holder of the approval or a person authorised in writing by the holder), the holder must notify the Secretary of the error as soon as practicable after becoming aware of the error.
It is a condition of a road vehicle type approval that the holder of the approval, when requested in writing by the Secretary or an inspector, and within such reasonable time as is specified in the request:
(a) provide, or arrange for the Secretary or an inspector to access, the original and any subsequent versions of the supporting information for the approval; and
(b) provide any information that the Secretary or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; and
(c) provide any other information or documents, specified in the request, about vehicles to which the approval applies; and
(d) provide written answers to questions, specified in the request, about vehicles entered on the RAV under the approval; and
(e) for the purpose of assessing whether vehicles entered on the RAV under the approval comply with the applicable national road vehicle standards—allow or arrange for the Secretary or an inspector to inspect:
(a) keep a record of the original and any subsequent versions of the supporting information for the approval while the approval is in force, and for the period of 7 years after it expires or is revoked; and
A road vehicle satisfies the requirements of the concessional RAV entry approval pathway if, immediately before the vehicle is entered on the RAV:
(b) if the approval is subject to a condition that is required to be met before the vehicle is entered on the RAV—the condition has been met; and
Note 1: Under subsection 45(3), a concessional RAV entry approval may specify that, in certain circumstances, a road vehicle to which the approval applies may be entered on the RAV when the vehicle is outside Australia.
Note 2: A person who holds a concessional RAV entry approval is taken to be the holder of an import approval within the meaning of section 22 of the Act in the circumstances set out in section 146 of this instrument.
(iii) for an application relating to a road vehicle other than one mentioned in paragraph (1)(b)—the charge mentioned in subsection 254(2) in relation to the entry of the vehicle on the RAV.
(1) To assist in deciding whether to grant a concessional RAV entry approval to a person in respect of a road vehicle, the Minister may request the person to do the following:
(b) state that the Minister may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Minister allows.
(b) the applicant does not comply with a request made under subsection 33(1) within the period mentioned in paragraph 33(2)(b).
Note: Subsection 32(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
If a person applies for a concessional RAV entry approval in respect of a road vehicle, the Minister may grant the approval if an eligibility criterion in section 36, 37, 38, 39, 40 or 41 is satisfied in respect of the vehicle.
Note: Vehicle categories are set out in the Vehicle Standard (Australian Design Rule—Definitions and Categories) 2005. See the definition of vehicle category in section 5.
(2) For the purposes of paragraph (1)(b), the relevant build date for a road vehicle is the date that the Minister is satisfied is:
(b) if the Minister is satisfied that significant modifications were made to the vehicle after assembly of the vehicle was first completed—the date that the last of the significant modifications were completed.
Note: It is a condition of an approval granted on the basis of this section that the road vehicle is modified or manufactured by the holder of a RAW approval in accordance with an approved Model Report, and the vehicle is, or modifications are, verified by the holder of an AVV approval (see section 48).
(1) A road vehicle satisfies the eligibility criterion set out in this section if the Minister is satisfied that the vehicle:
(a) does not comply with the applicable national road vehicle standards as in force at the time the Minister decides the application; and
(c) complies with the applicable national road vehicle standards, as in force at the time the Minister decides the application, to an extent that makes it suitable for use on a public road in Australia.
(3) Without limiting subsection 33(1), the Minister may require the applicant to provide evidence of the matter in paragraph (1)(c) for the purpose of becoming satisfied of that matter.
(i) the applicant has not previously been granted a concessional RAV entry approval based on the eligibility criterion set out in this section, or an import approval under regulation 13 of the Motor Vehicle Standards Regulations 1989, in respect of the same or another vehicle; or
(e) the applicant is of an age that entitles him or her to hold a licence or permit to operate the vehicle on public roads, whether under a law of:
(ii) the country in which the vehicle was available to and used by the applicant under subsection (2) before the relevant date; and
(2) The requirements of this subsection are that, during the period of ownership mentioned in subparagraph (1)(b)(iii), the vehicle was available to the applicant for use on a public road in the country outside Australia in which the person was living on a permanent basis, and was either:
(c) is the holder of a visa that entitles the applicant to apply to become a permanent resident, whether or not after a specified period or in specified circumstances.
(i) where the application relates to a trailer with an aggregate trailer mass of 4.5 tonnes or less—the applicant has not been granted concessional RAV entry approvals in respect of 4 or more such trailers on the basis of the eligibility criterion in this section; or
(ii) where the application relates to a trailer with an aggregate trailer mass of more than 4.5 tonnes—the applicant has not been granted concessional RAV entry approvals in respect of 4 or more such trailers on the basis of the eligibility criterion in this section; and
(b) the application includes a signed declaration by the applicant that the trailer complies, or will comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made.
(i) details of the respects in which the trailer does not comply, or will not comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made; and
(ii) a signed declaration by the applicant that the trailer, in all other respects, complies, or will comply at the time it is entered on the RAV, with those standards; and
(i) the trailer’s non‑compliance with the applicable national road vehicle standards, as in force at the time the Minister decides the application, is or would be only in minor and inconsequential respects; or
(ii) where subparagraph (i) does not apply—the trailer complies or would comply with the applicable national road vehicle standards, as in force at the time the Minister decides the application, to an extent that makes it suitable for use on a public road in Australia.
(i) a signed declaration by the applicant that the trailer complies, or will comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made; and
(ii) evidence that demonstrates that the trailer complies, or will comply at the time it is entered on the RAV, with those standards.
(i) details of the respects in which the trailer does not comply, or will not comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made; and
(ii) a signed declaration by the applicant that the trailer, in all other respects, complies, or will comply at the time it is entered on the RAV, with those standards; and
(iii) evidence that demonstrates that the trailer, in all other respects, complies, or will comply at the time it is entered on the RAV, with those standards; and
(i) the trailer’s non‑compliance with the applicable national road vehicle standards, as in force at the time the Minister decides the application, is or would be only in minor and inconsequential respects; or
(ii) where subparagraph (i) does not apply—the trailer complies or would comply with the applicable national road vehicle standards, as in force at the time the Minister decides the application, to an extent that makes it suitable for use on a public road in Australia.
(6) A trailer satisfies subparagraphs (3)(c)(ii) and (5)(c)(ii) only if, were the trailer used on a public road in Australia, it:
A road vehicle satisfies the eligibility criterion set out in this section if the Minister is satisfied that the vehicle is suitable for entry on the RAV.
The Minister may, by legislative instrument, make guidelines setting out matters that must be taken into account for the purposes of deciding whether a road vehicle satisfies the eligibility criterion in section 41.
In deciding whether to grant, or to refuse to grant, a concessional RAV entry approval to a person, the Minister may take into account:
(b) if the person is a body corporate—whether, for each member of the key management personnel of the person, the member has contravened or may have contravened road vehicle legislation; and
(c) in respect of the road vehicle to which the application relates—whether the vehicle is, or could be made, fit for use on a public road; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Minister must decide an application for a concessional RAV entry approval within 30 business days after receiving the application.
(2) If the Minister has made a request under subsection 33(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or the vehicle is inspected, as the case may be.
(1) If the Minister decides to grant a concessional RAV entry approval to a person, the Minister must, as soon as practicable:
(b) details of each road vehicle to which the approval applies (such as the make, model and vehicle identification number of the vehicle);
(e) in the case of a trailer to which subsection 40(3) or (5) applies—the respects in which, or the extent to which, the trailer is not required to comply with the applicable national road vehicle standards;
(3) A concessional RAV entry approval may specify that, in certain circumstances, a road vehicle to which the approval applies may be entered on the RAV when the vehicle is outside Australia.
Note: Unless a concessional RAV entry approval allows a vehicle to be entered on the RAV when it is outside Australia, the vehicle will not satisfy the requirements of the concessional RAV entry approval pathway if, immediately before it is entered on the RAV, the vehicle is outside Australia (see paragraph 31(c)).
If the Minister decides to refuse to grant a concessional RAV entry approval to a person, the Minister must, as soon as practicable:
(b) the condition that the holder of the approval must, if requested in writing by the Minister or an inspector, allow or arrange for the Minister or an inspector to inspect the vehicle; and
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
(a) require the holder of the approval to export or destroy the vehicle to which the approval applies within a specified period;
(b) require the holder of the approval to provide evidence to the Minister that the vehicle to which the approval applies has been exported or destroyed within the specified period;
(c) require the holder of the approval to modify the vehicle to which the approval applies within a specified period before the vehicle is entered on the RAV;
(d) require the vehicle, or any modifications of the vehicle, to be verified by the holder of an AVV approval in accordance with section 100 before the vehicle is entered on the RAV;
(e) require the vehicle, or any modifications of the vehicle, to be verified by the holder of an AVV approval in accordance with the requirements specified in the condition before the vehicle is entered on the RAV;
(g) require the holder of the approval to provide specified records when requested to do so by the Minister or an inspector;
It is a condition of a concessional RAV entry approval granted on the basis of the eligibility criterion in section 37 that a road vehicle to which the approval applies must not be entered on the RAV until:
(a) the holder of a RAW approval has modified or manufactured the vehicle in accordance with the requirements set out in an approved Model Report that applies to the vehicle; and
(b) the holder of an AVV approval has verified the vehicle, or modifications of the vehicle, in accordance with section 100.
It is a condition of a concessional RAV entry approval that the holder of the approval, when requested in writing by the Minister or an inspector and within such reasonable time as is specified in the request:
(i) that the Minister or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; or
(b) provide written answers to questions, specified in the request, about road vehicles entered on the RAV under the approval; and
(c) where reasonably required for the purpose of assessing whether road vehicles entered on the RAV comply with the applicable national road vehicle standards or any applicable standards determined by the Minister under subsection 89(2)—allow or arrange for the Minister or an inspector to inspect premises, specified in the notice, where activities are carried out under or in relation to the approval.
(1) For the purposes of paragraph 24(3)(f) of the Act, a person is permitted to provide a road vehicle if, at the time of the provision, any of subsections (2) to (6) apply.
Note: Subject to some exceptions, a person contravenes subsection 24(1) of the Act if they provide a road vehicle to another person, the vehicle is provided for the first time in Australia, and the vehicle is not on the RAV. This section sets out circumstances in which that prohibition does not apply (pursuant to paragraph 24(3)(f) of the Act).
(b) the vehicle was imported in circumstances in which Article 2(1) of the Private Road Vehicles Convention provides for temporary admission without payment of import duties and import taxes and free of import prohibitions and restrictions; and
Note: Example: The Private Road Vehicles Convention, as in force for Australia from time to time, might state that a vehicle covered by this subsection must not be used for transport for payment, reward or other consideration within Australia. If that was a requirement of the Convention at the relevant time, then this subsection would not permit the person to provide the vehicle for use as a taxi in circumstances covered by subsection 24(1) of the Act.
(a) the vehicle is covered by an ATA carnet within the meaning of Article (1)(b) of Annex A to the Istanbul Convention, issued in accordance with that Convention; and
(b) the vehicle was imported in circumstances in which that Convention provides for the grant of temporary admission of goods; and
(a) the vehicle is covered by an A.T.A. carnet within the meaning of Article 1(d) of the ATA Convention, issued in accordance with that Convention; and
(b) the vehicle was imported under a Convention mentioned in Article 3 of the ATA Convention, as in force for Australia from time to time; and
Note: Example: For subparagraph (4)(c)(ii) – a Convention mentioned in paragraph (4)(b) may provide that a vehicle imported under its provisions cannot be used for hire or reward. If that was a requirement of the applicable Convention at the relevant time, then, subject to any exceptions in the Convention, this subsection would not permit the person to provide the vehicle for hire or reward in circumstances covered by subsection 24(1) of the Act.
(a) item 10 of Schedule 4 to the Tariff Act applies to the vehicle by virtue of a by‑law, as in force from time to time, made for the purpose of implementing a Status of Forces Agreement or Status of Visiting Forces Agreement to which Australia is a party;
(b) item 11 of Schedule 4 to the Tariff Act applies to the vehicle by virtue of any by‑law made for the purposes of that item, as in force from time to time;
(c) paragraph 15(d) of Schedule 4 to the Tariff Act applies to the vehicle by virtue of any by‑law made for the purposes of that item, as in force from time to time.
Note: Each item of the Tariff Act mentioned in subsection 50(5) applies to goods prescribed by by‑law for the purposes of the item. A by‑law made for those purposes may set out conditions subject to which the item applies to goods of the kind, or included in the class, specified in that item (see paragraph 272(b) of the Customs Act 1901). If those conditions are not met at the relevant time, the item will not apply to the vehicle. As such, subsection (5) will only capture a vehicle if, at the time the person provides the vehicle, the provision is consistent with the conditions set out in the by‑law.
Note: Example: A by‑law might require that the vehicle remain in the ownership of the person who imported it for a certain period after the date of importation. If that was a requirement of the by‑law at the relevant time, then, subject to any exceptions in the by‑law, this subsection would not permit the person to provide the vehicle in circumstances covered by subsection 24(1) of the Act by selling it before the end of that period.
Note: Example 1: It is a condition of a concessional RAV entry approval granted on the basis of the eligibility criterion in section 37 that a road vehicle to which the approval applies must not be entered on the RAV until the holder of a RAW approval has modified or manufactured the vehicle in accordance with an approved Model Report, and the holder of an AVV approval has verified the vehicle or modifications. The vehicle can be provided to the holders of those approvals and their staff for the purpose of enabling them to carry out the relevant modification, manufacture or verification without breaching subsection 24(1) of the Act.
Note: Example 2: The holder of a testing facility approval granted under Division 5 of Part 4 may be authorised to test vehicles under the approval. A vehicle can be provided to the holder of the approval or their staff for the purpose of enabling them to carry out testing under the approval without breaching subsection 24(1) of the Act.
(a) modifications carried out on a road vehicle that is entered on the RAV via the type approval pathway for the purpose of seeking:
(b) modifications carried out during second stage of manufacture in accordance with the supporting information for a road vehicle type approval;
(c) modifications carried out on a road vehicle that is entered on the RAV via the type approval pathway during second stage of manufacture in accordance with an approved Model Report that applies to the vehicle;
(d) modifications carried out in accordance with the National Code of Practice Heavy Vehicle Modifications, as in force in the State or Territory in which the vehicle was modified at the time the modifications were made;
(e) modifications carried out on a road vehicle that is entered on the RAV via the type approval pathway, where the modifications:
Note 1: Under paragraphs 26(1)(e) and (2)(g) of the Act, it is an offence for a person to modify a road vehicle on the RAV, or to hand the vehicle over to another person for modification, if the modification occurs before the vehicle is provided to a consumer for the first time in Australia, the modification causes the road vehicle not to satisfy the requirements of the entry pathway that applied at the time the vehicle was entered on the RAV, and the modification is not otherwise allowed by the rules.
Note 2: For the purposes of paragraph (e)—it is a condition of a road vehicle type approval that the holder of the approval cannot give instructions that, broadly speaking, would detrimentally affect the extent to which a relevant vehicle complies with the national road vehicle standards.
If:
This Part provides for the grant of a number of approvals to enable vehicles to satisfy the requirements of entry pathways, and for the creation and maintenance of the SEVs Register.
Division 2 empowers the Secretary to approve a corporation as a registered automotive workshop (a RAW). Certain vehicles may be eligible for concessional RAV entry after being modified by the holder of a RAW approval (among other things). The corporation must satisfy the requirements set out in section 58 to be eligible for a RAW approval.
Division 3 provides for the approval of Model Reports in relation to models and variants of the kinds of road vehicles set out in section 68. The Secretary may approve a Model Report if, among other things, the Secretary is satisfied that a relevant road vehicle manufactured or modified in accordance with the report would comply, or substantially comply, with the national road vehicle standards and, where applicable, certain standards determined by the Minister under section 89.
Division 4 provides for the Secretary to approve corporations as authorised vehicle verifiers (AVVs). This instrument, or a condition of an approval, may require certain road vehicles and modifications of road vehicles to be inspected and verified by the holder of an AVV approval.
Division 5 provides for the grant of testing facility approvals by the Secretary. The holder of a testing facility approval may test vehicles or road vehicle components (or both) for compliance with certain standards. Evidence of such testing is relevant to the grant of various approvals under this instrument.
RAW approvals, AVV approvals and testing facility approvals each last for 5 years. Model Report approvals do not expire, but Model Reports must be kept up‑to‑date as a condition of their approval. The Secretary may impose certain conditions on such approvals on a case‑by‑case basis, while other conditions will automatically apply to all such approvals.
Finally, Division 6 provides for the creation and maintenance of the Specialist and Enthusiast Vehicles (SEVs) Register. A vehicle that is covered by an entry on the SEVs Register may be eligible for concessional RAV entry if it meets certain further requirements under Part 3 of this instrument. A make and model, or one or more variants of a model, of a road vehicle may be entered on the SEVs Register if, among other things, the make and model, or each relevant variant, satisfies the performance, environmental, mobility, left‑hand drive, campervans and motorhomes or rarity criteria at sections 130 to 135. As a transitional measure, the Division also permits certain makes and models, or variants of models, of road vehicles on the ‘SEVs List’ maintained by the Department to be entered on the SEVs Register. An entry lasts for 3 years.
For the purposes of subsection 13(1), subsection 19(2) and section 21 of the Act, this Part provides for and in relation to:
(a) the testing and inspecting of road vehicles and road vehicle components for compliance with national road vehicle standards; and
(1) A corporation may apply to the Secretary for the grant of an approval as a registered automotive workshop (a RAW approval).
Note: The Secretary may refuse to consider an application if it does not comply with subsection 55(2) (see section 57).
(1) To assist in deciding whether to grant a RAW approval to a corporation, the Secretary may request the corporation to do the following:
(b) state that Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 56(1) within the period mentioned in paragraph 56(2)(b).
Note: Subsection 55(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(i) ensures that the corporation has such equipment, trained personnel and procedures in place as are necessary to ensure that each road vehicle manufactured or modified under the approval will be manufactured or modified in a way that meets the requirements set out in an approved Model Report that applies to the vehicle; and
(d) a personal insolvency agreement under Part X of the Bankruptcy Act 1966 is not in effect in relation to any member of the key management personnel of the corporation; and
In deciding whether to grant, or to refuse to grant, a RAW approval to a corporation, the Secretary may take into account:
(b) whether, for each member of the key management personnel of the corporation, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(2) If the Secretary has made a request under subsection 56(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or premises are inspected, as the case may be.
(2) A RAW approval must not come into force until after the holder of the approval has paid any outstanding charge mentioned in item 2 of the table in subsection 254(1) in relation to the first 12 month period for which the approval is expected to be in force.
Note: Example: The approval might specify that it comes into force on the later of a specified day or the day that the charge is paid.
(c) that the approval expires at the end of the period of 5 years after it comes into force, unless it is revoked earlier.
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
(i) have such equipment and trained personnel as are necessary to ensure that the vehicle is manufactured or modified in accordance with the requirements set out in an approved Model Report that applies to the vehicle; and
(ii) are occupied by the holder of the RAW approval or in accordance with a contract or other written arrangement to which the holder of the approval is a party; and
(b) the holder of the RAW approval ensures that a road vehicle manufactured or modified under the approval is not presented to the holder of an AVV approval for verification unless the vehicle has been manufactured or modified in accordance with the requirements set out in an approved Model Report that applies to the vehicle.
(2) It is a condition of a RAW approval that, upon presenting a road vehicle or modifications of a road vehicle to the holder of the AVV approval for verification, the holder of the RAW approval provides the holder of the AVV approval with:
(i) the vehicle was manufactured, or the modifications of the vehicle were made, in accordance with the latest version of an approved Model Report that applied to the vehicle at the time the vehicle was manufactured or modified; and
(a) before a road vehicle is modified under the approval, the holder of the approval ensures that the vehicle is inspected for damage or corrosion, and repair of damage or corrosion; and
(i) the holder of the approval notify the Secretary, in writing, that the circumstances mentioned in the relevant subsection exist; and
(ii) the holder of the approval not continue to work on the vehicle or declare that the vehicle has been modified in accordance with an approved Model Report.
(b) the road vehicle, upon the inspection mentioned in paragraph (3)(a), is found to have a level of damage or corrosion, or repair of damage or corrosion, that exceeds that limit.
(b) the road vehicle’s structural integrity is, upon the inspection mentioned in paragraph (3)(a), found to have been reduced by damage or corrosion.
Note: The holder of an AVV approval must not verify a road vehicle, or modifications of a road vehicle, unless satisfied that the level of any damage or corrosion, or repair of damage or corrosion, on the vehicle does not exceed the damage or corrosion limit determined under section 107. If no damage or corrosion limit has been determined, the holder of the approval must not verify the vehicle or modifications unless satisfied that the vehicle’s structural integrity has not been reduced by damage or corrosion (see subparagraphs 100(1)(b)(ii) to (iii)).
(a) a record of information that shows that each road vehicle manufactured or modified under the approval and presented to the holder of an AVV approval for verification was manufactured or modified in accordance with an approved Model Report that applied to the vehicle; and
(d) for each road vehicle manufactured or modified under the approval in accordance with an approved Model Report that applied to the vehicle—the records specified in that report in accordance with a determination under subsection 88(1).
Note: Subsection 88(1) empowers the Minister to determine the form that a Model Report must take, including the information that it must contain. Paragraph 88(2)(b) provides that a determination may require a Model Report to set out the records that must be kept by the holder of a RAW approval in relation to the manufacture or modification of a vehicle.
(2) It is a condition of a RAW approval that the holder of the approval retain a record mentioned in subsection (1) for the period of 7 years starting on the day that the record is made.
(a) give written notification to the Secretary of any change in information held by the Secretary about the holder of the approval within 30 days of the change, including:
(b) provide, on written request and within the reasonable time specified in the request, any information that the Secretary or an inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; and
(c) for the purposes of ensuring compliance with the Act, this instrument, or an instrument made under the Act or this instrument—allow or arrange for the Secretary or an inspector to inspect, at any reasonable time:
(ii) any premises operated by the holder of the approval at which road vehicles are manufactured or modified under the approval; and
(d) if persons or organisations provide goods or services to the holder of the approval for the purposes of manufacturing or modifying road vehicles under the approval—ensure that, for the purposes of ensuring compliance with the Act, this instrument, or an instrument made under the Act or this instrument, those persons and organisations allow or arrange for the Secretary or an inspector to inspect their premises in relation to the activities of the holder of the approval.
(1) A person may apply to the Secretary for approval of a Model Report that applies to a model, or one or more variants, of:
(ba) include a copy of the Model Report for which approval is sought, set out in a manner that complies with a determination under subsection 88(1); and
(i) the Model Report is in such a form, and contains such information, as is determined by the Minister under subsection 88(1); and
Note: The Secretary may refuse to consider an application if it does not comply with subsection 68(2) (see section 70).
(1) To assist in deciding whether to approve a Model Report, the Secretary may request the applicant to do the following:
(b) state that the Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 69(1) within the period mentioned in paragraph 69(2)(b).
Note: Subsection 68(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(a) the Model Report is in such a form, and contains such information, as is determined by the Minister under subsection 88(1); and
(1) For a Model Report that applies to a model, or one or more variants, of a road vehicle that is entered on the SEVs Register—the eligibility criterion is that a vehicle of the relevant model or variant would, if modified or manufactured in accordance with the Model Report, meet the requirements of subsection (2).
Note 1: Under paragraph 89(2)(a), the Minister may determine the standards that certain vehicles must comply with if manufactured or modified in accordance with a Model Report.
Note 2: Subsections 76(1) and (2) relate to substantial compliance with standards determined under subsection 89(2) and the national road vehicle standards.
Note 3: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards.
(1) For a Model Report that applies to a model, or one or more variants, of a used two‑wheeled vehicle or used three‑wheeled vehicle that is not entered on the SEVs Register—the eligibility criterion is that a vehicle of the relevant model or variant would, if modified or manufactured in accordance with the Model Report, meet the requirements of subsection (2).
Note 1: Subsections 76(1) and (2) relate to substantial compliance with standards determined under subsection 89(2) and the national road vehicle standards.
Note 2: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards.
For a Model Report that applies to a model, or one or more variants, of a trailer with an aggregate trailer mass of more than 4.5 tonnes—the eligibility criterion is that a trailer of the relevant model or variant would, if modified or manufactured in accordance with the Model Report:
(1) For a Model Report that applies to a model, or one or more variants, of a road vehicle entered on the RAV via the type approval pathway that will be subject to second stage of manufacture—the eligibility criterion is that a vehicle of the relevant model or variant would, if modified or manufactured in accordance with the Model Report, meet the requirements of subsection (2).
Note 1: Subsections 76(1) and (2) relate to substantial compliance with standards determined under subsection 89(2) and the national road vehicle standards.
Note 2: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards.
(a) the vehicle substantially complies with the applicable standards determined by the Minister under subsection 89(2) as in force at the time the Model Report is approved; and
(ii) where subparagraph (i) does not apply—the vehicle complies with those standards to an extent that makes it suitable for use on a public road in Australia.
(i) for a vehicle mentioned in section 74—the applicable national road vehicle standards as in force at the time the Model Report is approved; and
(ii) where subparagraph (i) does not apply—the vehicle complies with those standards to an extent that makes it suitable for use on a public road in Australia.
Note: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards. However, a determination under section 89 cannot be made in relation to a model, or one or more variants, of a vehicle mentioned in section 74 (a trailer with an aggregate trailer mass of more than 4.5 tonnes).
(3) A road vehicle satisfies subparagraphs (1)(b)(ii) and (2)(b)(ii) only if, were the vehicle used on a public road in Australia, it:
(b) if the applicant is a body corporate—whether, for each member of the key management personnel of the applicant, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Secretary must decide an application for the approval of a Model Report within 60 business days after receiving the application.
(2) If the Secretary has made a request under subsection 69(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or the vehicle or premises are inspected, as the case may be.
(d) if the Model Report was approved on the basis of the matter in subparagraph 72(2)(a)(ii), 73(2)(a)(ii) or 75(2)(a)(ii)—what the Secretary considers to be the respects in which, or the extent to which, it is acceptable for road vehicles manufactured or modified in accordance with the Model Report not to comply with the applicable standards determined by the Minister under subsection 89(2);
(e) if the Model Report was approved on the basis of the matter in subparagraph 72(2)(b)(ii), subparagraph 73(2)(b)(ii), paragraph 74(b) or subparagraph 75(2)(b)(ii)—what the Secretary considers to be the respects in which, or the extent to which, it is acceptable for road vehicles manufactured or modified in accordance with the Model Report not to comply with the applicable national road vehicle standards.
Note 2: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
(1) It is a condition of the approval of a Model Report that, where subsection (2), (3), (4), (5) or (6) applies, the holder of the approval must, as soon as practicable:
(i) apply to the Secretary under section 87 for approval of a variation to the Model Report in order to rectify that matter; or
(b) the Model Report is not in the form, or does not contain the information, required by a determination under subsection 88(1).
(3) This subsection applies where the holder of the approval of a Model Report that applies to a model, or one or more variants, of a road vehicle that is entered on the SEVs Register becomes aware, or should have become aware, that a vehicle of the relevant model or variant would not, if manufactured or modified in accordance with the Model Report:
(i) the applicable standards determined by the Minister under subsection 89(2) as in force at the time of the modification or manufacture; or
(b) for a Model Report approved on the basis of the matter in subparagraph 72(2)(a)(ii) or (b)(ii)—satisfy the requirements of subsection (7) or (8), as applicable.
Note 1: Subsections (7) and (8) deal with substantial compliance with the standards determined by the Minister under subsection 89(2) and the national road vehicle standards.
Note 2: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards.
(4) This subsection applies where the holder of the approval of a Model Report that applies to a model, or one or more variants, of a used two‑wheeled vehicle or used three‑wheeled vehicle that is not entered on the SEVs Register becomes aware, or should have become aware, that a vehicle of the relevant model or variant would not, if modified or manufactured in accordance with the Model Report:
(i) the applicable standards determined by the Minister under subsection 89(2) as in force at the time of the modification or manufacture; or
(b) for a Model Report approved on the basis of the matter in subparagraph 73(2)(a)(ii) or (b)(ii)—satisfy the requirements of subsection (7) or (8), as applicable.
Note 1: Subsections (7) and (8) deal with substantial compliance with the standards determined by the Minister under subsection 89(2) and the national road vehicle standards.
Note 2: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards.
(5) This subsection applies where the holder of the approval of a Model Report that applies to a model, or one or more variants, of a trailer with an aggregate trailer mass of more than 4.5 tonnes becomes aware, or should have become aware, that a trailer of the relevant model or variant would not, if modified or manufactured in accordance with the Model Report:
(a) for a Model Report approved on the basis of the matter in paragraph 74(a)—comply with the applicable national road vehicle standards, as in force at the time of the modification or manufacture; or
(b) for a Model Report approved on the basis of the matter in paragraph 74(b)—satisfy the requirements of subsection (8).
(6) This subsection applies where the holder of the approval of a Model Report that applies to a model, or one or more variants, of a road vehicle entered on the RAV via the type approval pathway that will be subject to second stage of manufacture becomes aware, or should have become aware, that a vehicle of the relevant model or variant would not, if modified or manufactured in accordance with the Model Report:
(i) the applicable standards determined by the Minister under subsection 89(2) as in force at the time of the modification or manufacture; or
(b) for a Model Report approved on the basis of the matter in paragraph 75(2)(a)(ii) or (b)(ii)—satisfy the requirements of subsection (7) or (8), as applicable.
Note 1: Subsections (7) and (8) deal with substantial compliance with the standards determined by the Minister under subsection 89(2) and the national road vehicle standards.
Note 2: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards.
(a) it substantially complies with the applicable standards determined by the Minister under subsection 89(2) as in force at the time the vehicle is modified or manufactured; and
(b) it fails to comply with those standards only in the respects or to the extent permitted by the approval of the Model Report.
Note: Where a Model Report was approved on the basis that road vehicles modified or manufactured in accordance with it would substantially comply with the applicable standards determined by the Minister under subsection 89(2) as in force at the time the report was approved, the approval must specify the respects in which, or the extent to which, it is acceptable for such vehicles not to comply with those standards (see paragraph 79(2)(d)).
(i) for a vehicle mentioned in section 74—the applicable national road vehicle standards, as in force at the time the vehicle is modified or manufactured; and
(ii) otherwise—the applicable national road vehicle standards, as ascertained at the time the vehicle is modified or manufactured; and
(b) it fails to comply with those standards only in the respects or to the extent permitted by the approval of the Model Report.
Note: Where a Model Report was approved on the basis that road vehicles modified or manufactured in accordance with it would substantially comply with the national road vehicle standards, the approval must specify the respects in which, or the extent to which, it is acceptable for such vehicles not to comply with those standards (see paragraph 79(2)(e)).
It is a condition of an approval of a Model Report that the holder of the approval keep a record of the following in relation to each person whom the holder has authorised to use or access the Model Report:
(a) the name and contact details of the person, for the purposes of being able to notify the person of any variations to the Model Report;
(i) assessing whether the holder of a RAW approval or an AVV approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; or
(b) provide a copy of the Model Report’s verification checklist to the holder of an AVV approval for the purpose of the holder of the AVV approval verifying road vehicles under the AVV approval.
Note: A determination under subsection 88(1) may require a Model Report to set out the verification checklist that the holder of the AVV approval must complete (see paragraph 88(2)(c).
(1) This section applies if, in order to establish that a Model Report satisfied an eligibility criterion in section 72, 73, 74 or 75, the holder of the approval provided the Secretary with evidence of testing:
Note: A holder of an approval may commit an offence or contravene a civil penalty provision if the record is not retained for the period (see section 30 of the Act).
It is a condition of an approval of a Model Report that the holder of the approval, when requested in writing by the Secretary or an inspector, and within such reasonable time as is specified in the request, do the following:
(a) provide any information that the Secretary or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument;
(1) The holder of an approval of a Model Report may apply to the Secretary for approval of a variation to the Model Report.
(b) the applicant does not comply with a request made under subsection 69(1) within the period mentioned in paragraph 69(2)(b).
(3) Section 69, and sections 71 to 80, apply in relation to an application under subsection (1) as if the application were for approval of a new Model Report.
(b) it is a condition of the approval of the varied Model Report that the holder of the approval take reasonable steps to notify all persons whom the holder of the approval has previously authorised to use or access the Model Report that:
(c) the Department must provide a copy of the verification checklist in the varied Model Report to any holder of an AVV approval to which the Department provided a copy of the verification checklist in the original Model Report.
Note 1: Because the approval of the varied Model Report replaces any previous approval of the Model Report, it will also be subject to the conditions set out in Subdivision B, and any further conditions specified in the approval.
Note 2: Section 87 is the only source of power to approve variations to a Model Report. However, the approval of a Model Report may be varied, suspended or revoked under Part 7 of this instrument.
(1) The Minister may, by legislative instrument, determine the form that a Model Report must take, including the information that a Model Report must contain.
(2) Without limiting subsection (1), a determination made for the purposes of subsection (1) may require a Model Report to set out:
(a) the steps that the holder of a RAW approval or road vehicle type approval must take when manufacturing or modifying a road vehicle to which the report applies; and
(b) the records that must be kept by the holder of the RAW approval or road vehicle type approval in relation to the manufacture or modification of the vehicle; and
(3) A determination made for the purposes of this section may set out different forms of Model Report for different kinds of vehicles.
(1) A determination may only be made under subsection (2) in relation to a model, or one or more variants, of a road vehicle in relation to which a Model Report may be approved, other than a trailer with an aggregate trailer mass of more than 4.5 tonnes.
(b) matters relating to the material to be taken into account by the Secretary when deciding an application for approval of a Model Report, including by doing one or more of the following:
(iii) specifying that the Secretary can only be satisfied that a Model Report satisfies an eligibility criterion set out in section 72, 73 or 75 on the basis of certain kinds of material;
(c) how to ascertain which national road vehicle standards are the applicable national road vehicle standards in respect of a vehicle of a model or variant mentioned in subsection (1).
(a) provide that the Secretary may only be satisfied that vehicles would comply, or substantially comply, with an applicable national road vehicle standard or standard determined under paragraph (2)(a) on the basis of testing:
(b) require evidence to be given to the Secretary from approved testing facilities for the purposes of becoming satisfied of that matter;
Note 1: Under subsection 82(6) of the Act, a determination made under subsection 89(2) of this instrument may apply, adopt or incorporate, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Note 2: Under subsection 14(1) of the Legislation Act 2003, a determination made under subsection 89(2) of this instrument may apply, adopt or incorporate, with or without modification, the provisions of a disallowable legislative instrument as in force at a particular time (such as the national road vehicle standards determined under section 12 of the Act, or the vehicle standards determined under section 7 of the Motor Vehicle Standards Act 1989).
(4) A determination made for the purposes of this section may set out different requirements for different kinds of vehicles.
(1) A corporation may apply to the Secretary for the grant of an approval as an authorised vehicle verifier (an AVV approval).
Note: The Secretary may refuse to consider an application if it does not comply with subsection 90(2) (see section 92).
(1) To assist in deciding whether to grant an AVV approval to a corporation, the Secretary may request the corporation to do the following:
(b) state that the Secretary may refuse to consider the corporation’s application if the corporation does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the corporation does not comply with a request made under subsection 91(1) within the period mentioned in paragraph 91(2)(b).
Note: Subsection 90(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(i) the technology, equipment and procedures to inspect road vehicles in accordance with the requirements set out in a determination made by the Minister under section 106; and
(ii) neither the corporation nor any member of its key management personnel holds shares or has any other financial interest in a corporation that holds a RAW approval;
(iii) the key management personnel of the corporation are not key management personnel, or employees, of a corporation that holds a RAW approval;
(iv) the corporation has in place effective arrangements to reduce the likelihood that conflicts of interest will arise in relation to activities undertaken by the corporation under the AVV approval, and to ensure that any such conflicts that arise are appropriately managed; and
Note: Various conditions apply to all AVV approvals, including conditions regarding conflicts of interest. Among other things, it is a condition of an AVV approval that the holder of the approval must not inspect or verify a road vehicle under the approval if the holder of the approval, or a member of their key management personnel or staff, owns, or has a financial interest in, the vehicle.
In deciding whether to grant, or to refuse to grant, an AVV approval to a corporation, the Secretary may take into account:
(b) whether, for each member of the key management personnel of the corporation, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Secretary must decide an application for an AVV approval within 30 business days after receiving the application.
(2) If the Secretary has made a request under subsection 91(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or the premises, or technology and equipment, are inspected, as the case may be.
(2) An AVV approval must not come into force until after the holder of the approval has paid any outstanding charge mentioned in item 2 of the table in subsection 254(1) in relation to the first 12 month period for which the approval is expected to be in force.
Note: Example: The approval might specify that it comes into force on the later of a specified day or the day that the charge is paid.
(d) that the approval expires at the end of the period of 5 years after it comes into force, unless it is revoked earlier;
If the Secretary decides to refuse to grant an AVV approval to a corporation, the Secretary must, as soon as practicable:
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
(1) It is a condition of an AVV approval that, unless subsection (3) applies, the holder of the approval must only verify a road vehicle or modifications of a road vehicle under the approval if the following requirements are met:
(i) the holder of the AVV approval has received the signed declaration mentioned in paragraph 65(2)(a) from the holder of the RAW approval; and
(b) the holder of the AVV approval has completed the inspections and examined the information (if any) that it is required to complete or examine by a determination under section 106, and is satisfied that:
(i) where the vehicle was required to be manufactured or modified in accordance with the latest version of an approved Model Report that applied to the vehicle at the time the vehicle was manufactured or modified—the vehicle has been manufactured or modified in accordance with that report; and
(ii) if there is a determination in force under section 107 specifying a damage or corrosion limit—the level of damage or corrosion, or repair of damage or corrosion, on the vehicle does not exceed that limit; and
(iii) if there is no determination in force under section 107 specifying a damage or corrosion limit—the vehicle’s structural integrity has not been reduced by damage or corrosion; and
(2) Subsection (3) applies where a condition specified in an approval granted under this instrument requires a road vehicle, or modifications of a road vehicle, to be verified by the holder of an AVV approval in accordance with the requirements set out in that condition.
Note: Example: Under paragraphs 47(2)(e) and 157(2)(d) respectively, a condition specified in a concessional RAV entry approval or non‑RAV entry import approval may require a vehicle, or modifications of the vehicle, to be verified by the holder of an AVV approval in accordance with the requirements set out in that condition.
(3) It is a condition of an AVV approval that the holder of the approval must only verify the road vehicle or modifications of the road vehicle under the approval if the holder of the approval:
(a) has inspected the vehicle in accordance with the requirements specified in the relevant condition of the approval mentioned in subsection (2); and
(4) If the holder of the AVV approval conducts a verification of a road vehicle or modifications of a road vehicle, the holder must:
(a) complete a verification report for the vehicle that states whether or not the vehicle or any modifications of the vehicle are verified; and
(b) if the verification report states that the vehicle, or any modifications of the vehicle, are not verified—provide a copy of the verification report to the Department within one business day after the report is completed.
It is a condition of an AVV approval that the holder of the approval comply with the requirements of a determination under section 106.
It is a condition of an AVV approval that the holder of the approval ensure that all verifications carried out under the approval:
(b) the holder of the approval and its key management personnel must not acquire shares or any other financial interest in a corporation that holds a RAW approval.
(a) have in place effective arrangements to reduce the likelihood that conflicts of interest will arise in relation to activities undertaken under the AVV approval, and to ensure that any such conflicts that arise are appropriately managed; and
(c) when requested in writing by the Secretary or an inspector and within such reasonable time as is specified in the request, provide evidence that those arrangements are in place.
(3) It is a condition of an AVV approval that the holder of the approval must not inspect or verify a road vehicle under the AVV approval if:
It is a condition of an AVV approval that the holder of the approval must, after conducting a verification of a road vehicle or modifications of a road vehicle under the approval:
(a) retain the following reports or records, or a copy of such a report or record, for a period of 7 years starting on the day that the report or record is made:
(i) the verification report completed for the vehicle, including, where applicable, the verification checklist completed for the vehicle; and
(ii) a record of any information that an applicable Model Report mentioned in subparagraph 100(1)(b)(i) requires the holder of the approval to review; and
(iii) a record of any information that the holder of the approval is required to keep by a determination under section 106; and
(b) provide the report or record, or a copy of the report or record, upon written request by the Secretary or an inspector.
It is a condition of an AVV approval that the holder of the approval, when requested in writing by the Secretary or an inspector and within such reasonable time as is specified in the request:
(a) provide any information that the Secretary or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; and
(b) provide written answers to questions, specified in the request, about road vehicles presented for verification under the approval; and
(c) for the purpose of assessing whether road vehicles entered on the RAV comply with the applicable national road vehicle standards or standards determined by the Minister under subsection 89(2)—allow or arrange for the Secretary or an inspector to inspect:
It is a condition of an AVV approval that, if the holder of the approval becomes aware of an error in information entered on the RAV under the approval, the holder must notify the Secretary of the error as soon as practicable after becoming aware of it.
(1) The Minister may, by legislative instrument, determine any matter relating to the verification of a road vehicle by a corporation as an authorised vehicle verifier.
(b) the circumstances, or limits on the circumstances, in which the holder of an AVV approval must or may be satisfied that the signed declaration mentioned in paragraph 65(2)(a) is true and accurate;
(c) the kinds of supporting material, or limits on the kinds of supporting material, that the holder of an AVV approval may rely on or take into account when determining whether to verify a road vehicle under the approval;
(g) procedures for identifying, and assessing the degree of, any damage or corrosion, or repair of damage or corrosion, on a road vehicle;
that will not prevent the holder of an AVV approval from verifying a road vehicle, or modifications of a road vehicle, under the approval (the damage or corrosion limit).
Note 1: If the Minister determines a limit under this section, the holder of an AVV approval must not verify a road vehicle, or modifications to a road vehicle, unless satisfied that the level of any damage or corrosion, or repair of damage or corrosion, on the vehicle does not exceed that limit (see subparagraph 100(1)(b)(ii)).
Note 2: Under subsection 65(3), the holder of a RAW approval must notify the Secretary, and must not continue to work on a vehicle or declare that it has been modified in accordance with an approved Model Report, if the vehicle, upon inspection, is found to have a level of damage or corrosion, or repair of damage or corrosion, that exceeds any damage or corrosion limit determined under section 107.
(1) A person may apply to the Secretary for the grant of an approval to carry out testing, at one or more testing facilities, of:
Note: The Secretary may refuse to consider an application if it does not comply with subsection 108(2) (see section 110).
(3) Among its other operations, this Division provides for and in relation to matters required by subsection 13(1) of the Act.
(1) To assist in deciding whether to grant a testing facility approval to a person, the Secretary may request the person to do the following:
(b) allow or arrange for the Secretary or an inspector to inspect any premises where testing under the approval will be carried out.
(b) state that the Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 109(1) within the period mentioned in paragraph 109(2)(b).
Note: Subsection 108(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
The Secretary may grant an approval (a testing facility approval) to a person if the Secretary is satisfied that the person would have, or have access to:
In deciding whether to grant, or to refuse to grant, a testing facility approval to a person, the Secretary may take into account:
(b) if the person is a body corporate—whether, for each member of the key management personnel of the person, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Secretary must decide an application for a testing facility approval within 30 business days after receiving the application.
(2) If the Secretary has made a request under subsection 109(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or the premises are inspected, as the case may be.
(2) A testing facility approval must not come into force until after the holder of the approval has paid any outstanding charge mentioned in item 2 of the table in subsection 254(1) in relation to the first 12 month period for which the approval is expected to be in force.
Note: Example: The approval might specify that it comes into force on the later of a specified day or the day that the charge is paid.
(1) If the Secretary decides to grant a testing facility approval to a person, the Secretary must, as soon as practicable:
(e) that the approval expires at the end of the period of 5 years after it comes into force, unless it is revoked earlier;
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
It is a condition of a testing facility approval that the holder of the approval ensures that any test carried out under the approval is appropriate for assessing the extent to which a vehicle or road vehicle component complies with the national road vehicle standards, standards determined by the Minister under subsection 89(2), or both, as applicable.
(i) keep a record of the maintenance carried out on that equipment for a period of 7 years starting on the day that the record is made; and
It is a condition of a testing facility approval that the holder of the approval ensures that appropriately skilled personnel carry out any testing under the approval.
(1) It is a condition of a testing facility approval that, after testing a vehicle or road vehicle component under the approval, the holder of the approval complete a report on the results of the testing.
(a) retain a report, or a copy of such a report, for a period of 7 years starting on the day that the report is made; and
It is a condition of a testing facility approval that, if the holder of the approval becomes aware of an error in a report required under subsection 121(1), the holder must notify any person to whom the holder gave the report of the error as soon as practicable after becoming aware of it.
(a) retain a record of all testing of vehicles or road vehicle components conducted under the approval for a period of 7 years starting on the day that the record is made; and
(a) provide, on written request by the Secretary or an inspector, and within the reasonable time specified in the request:
(ii) any information that the Secretary or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; and
(b) for the purpose of assessing whether testing conducted under the approval is being carried out to adequately test vehicles for compliance with the national road vehicle standards, standards determined by the Minister under subsection 89(2), or both, as applicable—allow or arrange for the Secretary or an inspector to inspect:
(1) A person may apply to the Secretary for a make and model, or one or more variants of a model, of a road vehicle to be entered on the SEVs Register.
(1A) An application for entry on the SEVs Register on the basis of subsection 129(1) must not relate to more than one of the eligibility criteria in sections 130 to 135.
Note: Example 1: A person cannot make a single application for one variant of a model of a road vehicle to be entered on the SEVs Register on the basis of the performance criterion, and another to be entered on the basis of the rarity criterion. However, the person could make two separate applications for the two variants.
Note: Example 2: A person cannot make a single application for a make and model of a road vehicle to be entered on the SEVs Register on the basis of both the performance criterion and the rarity criterion. However, if the Secretary is satisfied that the model is eligible for entry on the SEVs Register under a different eligibility criterion to the one identified in the application, the model may still be entered on the SEVs Register on the basis of the criterion under which it is eligible (see section 138).
Note: When deciding an application made on the basis of subsection 129(4), the Secretary does not need to determine whether a make and model, or variant of a model, of a road vehicle meets one of the eligibility criteria in sections 130 to 135.
Note: Subsection 129(1) is the main basis for entry on the SEVs Register. Subsection 129(4) provides a more limited transitional basis for entry. A single application cannot rely on both bases for entry on the SEVs Register. However, the person could make two separate applications.
Note: The Secretary may refuse to consider an application if it does not comply with subsection 125(2) (see section 127).
(1) To assist in deciding whether to enter a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register, the Secretary may request the applicant to provide further specified information.
(b) state that the Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 126(1) within the period mentioned in paragraph 126(2)(b).
Note: Subsection 125(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(2) If no vehicles of a model of road vehicle would satisfy subsection (1)—that model of road vehicle is taken to be a variant of a model of road vehicle.
Note: Example: There may be no significant differences in the design characteristics of the various vehicles in a particular model of road vehicle. For example, certain vehicles of that model may have some additional cosmetic features, but no further differences from other vehicles of the same model. In that case, the model itself will be considered a variant, and all vehicles of that model will be specimens of the same variant.
(3) Without limiting subsection (1), differences in the following design characteristics of road vehicles with a gross vehicle mass of 12 tonnes or less are significant for the purposes of subsection (1):
(f) where the application is made on the basis of the mobility criterion in section 132—features designed to assist people with a disability;
Note: Example 1: For paragraph 128(3)(b), the type of motive power driving the engine or motor of the variant will be significantly different from that of other vehicles of the relevant model of road vehicle if the variant is a plug‑in hybrid vehicle where other vehicles of the relevant model are hybrids. However, road vehicles of a particular kind would not constitute a variant under paragraph 128(3)(b) by virtue of the fact that they operate on unleaded petrol where other relevant vehicles operate on premium unleaded petrol.
Note: Example 2: For paragraph 128(3)(c), the variant’s transmission system will be significantly different from that of other vehicles of the relevant model of road vehicle if vehicles of that variant have a different number of gears, or have a manual gear transmission where other relevant vehicles have an automatic gear transmission.
Note: The variant’s drivetrain system will be significantly different from that of other vehicles of the relevant model of road vehicle if vehicles of that variant are front‑wheel drive where other relevant vehicles are rear‑wheel drive.
Note: Example 3: For paragraph 128(3)(d), the variant’s design characteristics will be significantly different from those of other vehicles of the relevant model of road vehicle if vehicles of that variant have a different number of doors, or have a sedan body shape where other relevant vehicles have a hatchback body shape.
(4) Differences in only one of the following design characteristics of road vehicles with a gross vehicle mass of 12 tonnes or less are not significant for the purposes of subsection (1):
Note: Such vehicles’ design characteristics may nonetheless be significantly different from those of other vehicles of the relevant model of road vehicle if differences exist in more than one of the design characteristics set out in subsection (4).
(5) Without limiting subsection (1), differences in the following design characteristics of vehicles with a gross vehicle mass of more than 12 tonnes are significant for the purposes of subsection (1):
(b) where the application is made on the basis of the mobility criterion in section 132—features designed to assist people with a disability;
Note: Example: For paragraph 128(5)(a), the type of motive power driving the engine or motor of the variant will be significantly different from that of other vehicles of the relevant model of road vehicle if the variant is a plug‑in hybrid vehicle where other relevant vehicles are hybrids. However, road vehicles of a particular kind would not constitute a variant under paragraph 128(3)(b) by virtue of the fact that they operate on unleaded petrol where other relevant vehicles operate on premium unleaded petrol.
(6) Differences in only one of the following design characteristics of road vehicles with a gross vehicle mass of more than 12 tonnes are not significant for the purposes of subsection (1):
Note: Such vehicles’ design characteristics may nonetheless be significantly different from those of the relevant model of road vehicle if differences exist more than one of the design characteristics set out in subsection (6).
(1) A variant of a model, or a make and model, of a road vehicle is eligible for entry on the SEVs Register if the Secretary is satisfied that:
(i) has not been made available to consumers in Australia, at any time, under a road vehicle type approval or an approval given under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989; or
(b) at least 3 months have passed since the variant of the model, or the make and model, was first made available to a consumer in any market in the world; and
Note: See subsection (3) for when a variant of a model, or a make and model, of a road vehicle has been made available to consumers in Australia.
(2) Where a person applies for more than one variant of a model of a road vehicle to be entered on the SEVs Register, the Secretary may be satisfied that each variant meets the criteria in subsection (1) on the basis of evidence that all variants covered by the application meet those criteria.
Note: Example: A person applies for entry on the SEVs Register of all V8‑engined variants of a particular model of a road vehicle. Because of subsection (2), the person can provide evidence demonstrating that all of the V8 variants meet the requirements in subsection (1), without performing specific variant‑by‑variant analysis. The Secretary may then make a global assessment of whether all of the variants covered by the application meet the relevant criteria.
Note: Section 138 also affects how the eligibility criteria apply where a person seeks entry of more than one variant on the SEVs Register.
(3) To avoid doubt, a variant of a model, or a make and model, of a road vehicle will have been made available to consumers in Australia at a particular time if such consumers had the opportunity to purchase a vehicle of the variant or model, even if no such vehicles had been physically delivered to consumers in Australia at that time.
(4) A variant of a model, or a make and model, of a road vehicle is eligible for entry on the SEVs Register if the Secretary is satisfied that:
(b) the application for entry on the SEVs Register is made no later than 24 months after the commencement of section 15 of the Act.
(5) The SEVs List is the list, administered by the Department, of variants of models, and makes and models, of road vehicles that have been assessed as suitable for entry on the SEVs Register on an interim basis.
Note: An entry on the SEVs List will identify which of the criteria in sections 130 to 135 the vehicle was assessed against in order to determine its suitability for interim entry. However, the Secretary does not need to determine whether a make and model, or variant of a model, of a road vehicle meets one of those criteria when considering its eligibility under subsection (4).
(a) the variant of the model, or the make and model, of the road vehicle has been made available to consumers in Australia under a road vehicle type approval; and
(a) the variant of the model, or the make and model, of the road vehicle has been made available to consumers in Australia, under a road vehicle type approval or an approval given under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989; and
(i) the variant of the model, or the make and model, of the road vehicle is no longer genuinely available to consumers in Australia as a new vehicle, but is available as a new vehicle in another market in the world; or
(ii) the variant of the model, or the make and model, of the road vehicle was not genuinely available to consumers in Australia as a new vehicle for a period during which it was available as a new vehicle in another market in the world; and
(c) the build date range specified in the application for the variant of the model, or the make and model, of the road vehicle falls wholly within the period in which the variant, or the make and model, was not genuinely available to consumers in Australia mentioned in subparagraph (b)(i) or (ii), as applicable.
Vehicles made available under certain Motor Vehicle Standards Act 1989 approvals but not yet made available under a road vehicle type approval
(a) the variant of the model, or the make and model, of the road vehicle has been made available to consumers in Australia under an approval given under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989; and
(ii) is a person who is authorised, in writing, by the person who is or was the holder of the approval to make the application; and
(c) the variant of the model, or the make and model, of the road vehicle has not been made available to consumers in Australia under a road vehicle type approval.
A reference in section 129 or 129A to an approval given under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 includes:
(a) an approval given under those subsections that continues, or is taken to continue, in force under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018; and
(b) an approval given under those subsections that has ceased to be in force (whether before or after the repeal of the Motor Vehicle Standards Act 1989).
Note: For paragraph (a), see item 4 of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.
(1) A variant of a model, or a make and model, of a road vehicle satisfies the performance criterion if the variant, or the make and model, as originally manufactured, has a power to weight ratio that exceeds the threshold in subsection (2).
(2A) Subsection (2B) applies where a variant of a model, or a make and model, of a road vehicle was originally manufactured across a period beginning before 1 January 2020 and finishing on or after 1 January 2020.
(2B) Vehicles of the variant of the model, or the make and model, that were originally manufactured on or after 1 January 2020 need only exceed the power to weight threshold specified in paragraph 130(2)(a).
manufacture, in relation to a road vehicle, includes assembling the vehicle, but does not include modifying the vehicle.
A variant of a model, or a make and model, of a road vehicle, as originally manufactured, satisfies the environmental criterion if the Secretary is satisfied that it:
(i) meets or exceeds the national road vehicle standards relating to emissions that would apply to a new vehicle of the variant, or the make and model, at the time the application is made; or
(ii) meets or exceeds emissions standards that are determined under subsection 136(1) to be comparable to the standards mentioned in subparagraph (i); and
(i) uses an alternative to an internal combustion engine (other than human or animal power) as a means of propulsion, whether as the exclusive means of propulsion or in addition to an internal combustion engine; or
(ii) has a maximum engine capacity of 660cc, a maximum engine output of 47 kilowatts and is not more than 3.4 metres long and 1.48 metres wide.
A variant of a model, or a make and model, of a road vehicle satisfies the mobility criterion if the Secretary is satisfied that:
(a) the variant, or the make and model, was originally manufactured with features specifically designed to assist people with a disability; or
(i) the variant, or the make and model, was modified, before it was first provided in any market in the world, to include features specifically designed to assist people with a disability; and
(ii) the modifications were sponsored or supported by the original manufacturer of the road vehicle subject to the modification.
A variant of a model, or a make and model, of a road vehicle satisfies the left‑hand drive criterion if the Secretary is satisfied that the variant, or the make and model:
(ii) if the variant, or the make and model, is available in right‑hand drive in a market—was not originally manufactured in right‑hand drive for that market; and
Note: Vehicle categories are set out in the Vehicle Standard (Australian Design Rule—Definitions and Categories) 2005. See the definition of vehicle category in section 5.
A variant of a model, or a make and model, of a road vehicle satisfies the campervans and motorhomes criterion if the Secretary is satisfied that the variant, or the make and model:
(ii) ensure that, once converted, it would comply with the applicable standards determined by the Minister under subsection 89(2).
Note: Paragraph 89(2)(a) provides that the Minister may make a determination specifying the standards that certain vehicles must comply with if manufactured or modified in accordance with a Model Report.
A variant of a model, or a make and model, of a road vehicle satisfies the rarity criterion if the Secretary is satisfied that any of the following applies:
(a) less than 3,000 vehicles of the make and vehicle category of the road vehicle are produced per year (averaged over the number of years that the make of the road vehicle is, or was, available as a new vehicle in any market in the world);
(b) less than 1,000 vehicles of the model of the road vehicle are produced per year (averaged over the number of years that the model of the road vehicle is, or was, available as a new vehicle in any market in the world);
(c) less than 100 vehicles of the variant of the model of the road vehicle are produced per year (averaged over the number of years that the variant of the road vehicle is, or was, available as a new vehicle in any market in the world).
(a) prescribe the circumstances in which road vehicles of a particular kind will constitute a variant of a model of a road vehicle;
(b) prescribe the circumstances in which road vehicles of a particular kind will not constitute a variant of a model of a road vehicle;
(c) specify when differences in the design characteristics of road vehicles will, or will not, be significant for the purposes of subsection 128(1);
(d) for the purposes of specified eligibility criteria—specify that those criteria apply to particular road vehicle categories;
(e) for the purposes of specified eligibility criteria—specify that those criteria apply in respect of particular road vehicle weight ranges;
(f) for the purposes of the environmental criterion—prescribe emissions standards that are comparable to national road vehicle standards relating to emissions;
(g) for the purposes of the mobility criterion—prescribe features that establish whether a road vehicle has features to assist people with a disability;
(1) The Secretary must decide an application for a make and model, or one or more variants of a model, of a road vehicle to be entered on the SEVs Register within 30 business days after receiving the application.
(2) If the Secretary has made a request under subsection 126(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(1) The Secretary may enter a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register if:
(iii) is on the SEVs Register in relation to the same criterion in sections 130 to 135, but the entry is due to expire under section 143 during the 30 business day period mentioned in subsection 137(1).
Note: For the purposes of subparagraphs (1)(b)(ii) and (iii)—where an entry is made on the SEVs Register on the basis of subsection 129(4), the SEVs List will identify the criterion in sections 130 to 135 that is relevant to the make and model, or variant of a model, in question.
(2) If the Secretary enters a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register in the circumstances mentioned in subparagraph (1)(b)(iii), the entry takes effect on the day after the existing entry expires.
(3) The Secretary must refuse to enter a variant of a model, or a make and model, of a road vehicle on the SEVs Register if it is not eligible for entry on the SEVs Register under section 129.
(a) a person applies for entry of a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register on the basis of a particular eligibility criterion in sections 130 to 135; and
the Secretary may enter the make and model, or each relevant variant, on the SEVs Register on the basis of the eligibility criterion mentioned in subparagraph (b)(ii).
Note: For subparagraph (4)(b)(ii)—where a group of variants is concerned, all variants in the group must still be entered on the SEVs Register under the same eligibility criterion.
(b) the Secretary is satisfied that some, but not all, of the variants covered by the application are eligible for entry on the SEVs Register;
Note: A person applies for entry on the SEVs Register of all V6 and V8 variants of a model of a road vehicle. The Secretary is satisfied that the V8 variants are eligible, but the V6 variants are not. The Secretary may enter the V8 variants on the SEVs Register.
(6) In deciding an application for entry of a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register, the Secretary may have regard to any matter the Secretary considers relevant.
(1) If the Secretary enters a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register, the Secretary must, as soon as practicable, notify the applicant, in writing, of the entry.
(a) an application is made under subsection 125(1) in respect of a make and model, or one or more variants of a model, of a road vehicle (a relevant model or variant); and
(b) the relevant model or variant is already entered on the SEVs Register in relation to the same criterion in sections 130 to 135; and
(c) the application is made before the start of the 30‑day period ending on the day that the entry on the SEVs Register is due to expire;
the Secretary must notify the applicant, in writing, that the relevant model or variant is already entered on the SEVs Register.
If the Secretary decides to refuse to enter a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register, the Secretary must, as soon as practicable:
(1) A variant of a model, or a make and model, of a road vehicle is on the SEVs Register if all of the following information is entered on the SEVs Register:
(2) The Secretary may also enter any other information on the SEVs Register that he or she considers it appropriate to enter, other than personal information.
If the Secretary is satisfied that an error exists in an entry on the SEVs Register, the Secretary may vary or remove the entry for the purpose of correcting the error.
Note: An error in an entry on the SEVs Register may exist for a variety of reasons – for example, as a result of an error in the information originally provided in the application, or because new information becomes available about the extent to which a relevant variant, or make and model, complies with the applicable criteria.
If the Secretary enters a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register, the entry expires at the end of the period of 3 years starting on:
Note: After expiry, the make and model, or the variant or variants of the model, of the road vehicle may be re‑entered on the SEVs Register if the Secretary approves a new application made under subsection 125(1).
Division 2 sets out the circumstances in which a concessional RAV entry approval is taken to be an import approval for the purposes of the Act. Division 2A provides temporarily for the grant of certain import approvals during the transitional period following the repeal of the Motor Vehicle Standards Act 1989.
Division 3 provides for the grant of non‑RAV entry import approvals for road vehicles that are not, generally, to be used on a public road.
Division 4 empowers the Secretary to grant reimportation import approvals in respect of vehicles that have been entered on the RAV or fitted with an identification plate or used import plate under the Motor Vehicle Standards Act 1989. Such a vehicle will be eligible for reimportation if, among other things, it remains consistent with the information in its RAV entry or displayed on its identification plate or used import plate.
Most types of import approvals are automatically subject to conditions permitting the Minister or an inspector to inspect the relevant vehicles and seek certain information, in addition to any further conditions specified in the approval in a particular case.
Division 5 provides for the allocation of vehicle identification numbers for certain vehicles that do not already have them. It also permits the importation of vehicles imported in accordance with the requirements of certain intergovernmental agreements, or reimported after use by the Australian Defence Force in its overseas activities.
Note: A person who holds a road vehicle type approval is permitted to import a road vehicle to which the type approval applies at the time of importation (see paragraph 22(2)(a) of the Act).
(a) the person is taken to be the holder of an import approval within the meaning of paragraph 22(2)(c) of the Act (a RAV entry import approval);
Note 1: A person commits an offence if the person imports a road vehicle into Australia where they were not permitted to do so at the time of the importation (see subsection 22(1) of the Act). However, under paragraph 22(2)(c) of the Act, a person is permitted to import a road vehicle if, at the time of the importation, the person holds an import approval, the approval is in force, and the road vehicle is specified in the approval.
RAW means the holder of an approval granted under section 21B of the Motor Vehicle Standards Act 1989 that remains in force by virtue of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.
Note: Part 5 of Schedule 3 of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 continues such approvals in force during the ‘transitional period’ set out under that Act.
restricted volume two‑wheeled or three‑wheeled vehicle has the meaning given by the Motor Vehicle Standards Regulations 1989.
unrestricted volume two‑wheeled or three‑wheeled vehicle has the meaning given by the Motor Vehicle Standards Regulations 1989.
Vehicle Standards Bulletin 1 means the publication published by the Department and known as Vehicle Standards Bulletin 1 (Revision 5, June 2009)—National Code of Practice—Building Small Trailers.
(1) A person may apply to the Minister for the grant of a transitional import approval in accordance with the following table.
(2) An application under subsection (1) cannot be made more than 22 months after the commencement of section 15 of the Act.
Note: The Minister must refuse to consider an application that is made out of time under subsection 146B(2), and may refuse to consider an application if it does not comply with subsection 146B(3) (see section 146D).
(1) To assist in deciding whether to grant a transitional import approval to an applicant, the Minister may request the applicant to provide further specified information relevant to the application.
(b) state that the Minister may refuse to consider the application if the applicant does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Minister allows.
(b) the applicant does not comply with a request made under subsection 146C(1) within the period mentioned in paragraph 146C(2)(b).
Note: Subsection 146B(3) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(2) The Minister must refuse to consider an application for a transitional import approval if it is made after the date mentioned in subsection 146B(2).
(d) the application is accompanied by an application under section 13C of the Motor Vehicle Standards Act 1989 for approval to place a used import plate on the vehicle; and
(e) for a vehicle other than a two‑wheeled or three‑wheeled vehicle—in the period of 12 months immediately preceding the application, the RAW has not been granted approval to import more than a total of 130 vehicles in the vehicle category to which the vehicle belongs under:
(f) for a restricted volume two‑wheeled or three‑wheeled vehicle—in the period of 12 months immediately preceding the application, the RAW has not been granted approval to import more than a total of 130 vehicles in the vehicle category to which the vehicle belongs under:
Note: For paragraph 146E(1)(d)—broadly speaking, a used import plate permits a used imported vehicle to be supplied to the market for the purposes of subsection 16(1) of the Motor Vehicle Standards Act 1989. Applications under section 13C of that Act can be made and granted in accordance with the provisions of the old law during the transitional period – see Division 2, Part 3 of Schedule 3 of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018. The Act and this instrument do 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 such an approval.
The Minister may grant a RAW (unrestricted volume used two or three‑wheeled vehicle) import approval to a RAW in respect of one or more road vehicles that are not new vehicles if each vehicle specified in the application:
(a) is an unrestricted volume two‑wheeled or three‑wheeled vehicle of a make and model included in the applicant’s schedule of approved vehicles; and
The Minister may grant a trailer (aggregate trailer mass of 4.5 tonnes or less) import approval to a person in respect of one or more nonstandard road vehicles, or road vehicles that do not have an identification plate, if the following are satisfied in respect of each vehicle specified in the application:
(b) the person provides to the Minister a written statement from the original manufacturer of the trailer stating that, at the time of manufacture, the aggregate trailer mass of the trailer was 4.5 tonnes or less; and
(c) the Minister is satisfied that the trailer is capable of being modified to comply with the requirements set out in Vehicle Standards Bulletin 1.
Note 1: A person commits an offence if the person imports a road vehicle into Australia where they were not permitted to do so at the time of the importation (see subsection 22(1) of the Act). However, under paragraph 22(2)(c) of the Act, a person is permitted to import a road vehicle if, at the time of the importation, the person holds an import approval, the approval is in force, and the road vehicle is specified in the approval.
Note 2: A transitional import approval does not permit a road vehicle to be provided for the first time in Australia for the purposes of section 24 of the Act.
(1) The Minister must decide an application for a transitional import approval within 30 business days after receiving the application.
(2) If the Minister has made a request under subsection 146C(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(3) The Minister must not decide an application for a transitional import approval more than 23 months after the commencement of section 15 of the Act.
(1) If the Minister decides to grant a transitional import approval to a person, the Minister must, as soon as practicable:
(b) the details of each road vehicle to which the approval applies (such as the make, model and vehicle identification number of the vehicle);
If the Minister decides to refuse to grant a transitional import approval to a person, the Minister must, as soon as practicable:
(b) the condition that the holder of the approval must, if requested in writing by the Minister or an inspector, allow or arrange for the Minister or an inspector to inspect the vehicle or vehicles covered by the approval; and
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see sections 28 and 29 of the Act).
It is a condition of a transitional import approval that the holder of the approval, when requested in writing by the Minister or an inspector and within such reasonable time as is specified in the request:
(i) that the Minister or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; or
(ii) that the Minister or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Motor Vehicle Standards Act 1989 or Motor Vehicle Standards Regulations 1989 to the extent they continue to apply by virtue of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018; or
(b) provide written answers to questions, specified in the request, about the road vehicle or vehicles to which the approval applies.
(1) A person may apply to the Minister for the grant of a non‑RAV entry import approval in respect of a road vehicle if the vehicle is not, generally, to be used on a public road.
Note: The Minister may refuse to consider an application if it does not comply with subsection 147(2) (see section 149).
(1) To assist in deciding whether to grant a non‑RAV entry import approval to a person, the Minister may request the person to provide further specified information relevant to the application.
(b) state that the Minister may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Minister allows.
(b) the applicant does not comply with a request made under subsection 148(1) within the period mentioned in paragraph 148(2)(b).
Note: Subsection 147(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(vi) the vehicle is suitable to be granted a non‑RAV entry import approval, and granting the approval would not be inconsistent with the objects of the Act.
In deciding whether to grant, or to refuse to grant, a non‑RAV entry import approval to a person, the Minister may take into account:
(b) if the person is a body corporate—whether, for each member of the key management personnel of the person, the member has contravened or may have contravened road vehicle legislation; and
(c) in respect of the road vehicle to which the application relates—whether the vehicle is, or could be made, fit for use on a public road; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Minister must decide an application for a non‑RAV entry import approval within 30 business days after receiving the application.
(2) If the Minister has made a request under subsection 148(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(1) If the Minister decides to grant a non‑RAV entry import approval to a person, the Minister must, as soon as practicable:
(b) details of the road vehicle to which the approval applies (such as the make, model and vehicle identification number of the vehicle);
If the Minister decides to refuse to grant a non‑RAV entry import approval to a person, the Minister must, as soon as practicable:
(b) the condition that the holder of the approval must, if requested in writing by the Minister or an inspector, allow or arrange for the Minister or an inspector to inspect the vehicle; and
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see sections 28 and 29 of the Act).
(a) require the holder of the approval to export or destroy the vehicle to which the approval applies within a specified period;
(b) require the holder of the approval to provide evidence to the Minister that the vehicle to which the approval applies has been exported or destroyed within the specified period;
(d) require the vehicle, or any modifications of the vehicle, to be verified by the holder of an AVV approval in accordance with the requirements specified in the condition;
(e) prohibit the holder of the approval from authorising another person to access the vehicle to which the approval applies;
(h) require the holder of the approval to provide specified records upon written request by the Minister or an inspector.
It is a condition of a non‑RAV entry import approval that the holder of the approval, when requested in writing by the Minister or an inspector and within such reasonable time as is specified in the request:
(i) that the Minister or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; or
(b) provide written answers to questions, specified in the request, about the road vehicle to which the approval applies.
(1) A person may apply to the Secretary for the grant of a reimportation import approval in respect of a road vehicle if:
(ii) outside Australia and has an identification plate or used import plate that was placed on the vehicle in accordance with the Motor Vehicle Standards Act 1989; and
(b) where subparagraph (a)(i) applies to the vehicle—in all relevant respects, the vehicle remains consistent with the information entered on the RAV in relation to that vehicle; and
(c) where subparagraph (a)(ii) applies to the vehicle—in all relevant respects, the vehicle remains consistent with the details set out on the identification plate or used import plate in relation to that vehicle.
Note: The Secretary may refuse to consider an application if it does not comply with subsection 159(2) (see section 161).
(1) To assist in deciding whether to grant a reimportation import approval to a person in respect of a road vehicle, the Secretary may request the person to do the following:
(b) state that the Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 160(1) within the period mentioned in paragraph 160(2)(b).
Note: Subsection 159(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
The Secretary may grant a reimportation import approval to a person in respect of a road vehicle if the Secretary is satisfied that:
(ii) has an identification plate or used import plate that was placed on the vehicle in accordance with the Motor Vehicle Standards Act 1989; and
(d) where subparagraph (c)(i) applies to the vehicle—in all relevant respects, the vehicle remains consistent with the information entered on the RAV in relation to that vehicle; and
(e) where subparagraph (c)(ii) applies to the vehicle—in all relevant respects, the vehicle remains consistent with the details set out on the identification plate or used import plate in relation to that vehicle.
In deciding whether to grant, or to refuse to grant, a reimportation import approval to a person, the Secretary may take into account:
(b) if the person is a body corporate—whether, for each member of the key management personnel of the person, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Secretary must decide an application for a reimportation import approval within 30 business days after receiving the application.
(2) If the Secretary has made a request under subsection 160(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested or the vehicle is inspected, as the case may be.
If the Secretary decides to grant a reimportation import approval to a person, the Secretary must, as soon as practicable, notify the person, in writing, of:
If the Secretary decides to refuse to grant a reimportation import approval to a person, the Secretary must, as soon as practicable:
(b) the condition that the holder of the approval must, if requested in writing by the Secretary or an inspector, allow or arrange for the Secretary or an inspector to inspect the vehicle; and
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see sections 28 and 29 of the Act).
(a) require the holder of the approval to export or destroy the vehicle to which the approval applies within a specified period;
(b) require the holder of the approval to provide evidence to the Secretary or an inspector that the vehicle to which the approval applies has been exported or destroyed within the specified period;
(c) require the vehicle, or any modifications of the vehicle, to be verified by the holder of an AVV approval in accordance with section 100;
(e) require the holder of the approval to provide specified records when requested to do so by the Secretary or an inspector;
It is a condition of a reimportation import approval that the holder of the approval, when requested in writing by the Secretary or an inspector and within such reasonable time as is specified in the request:
(i) that the Secretary or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; or
(ii) the Minister grants a non‑RAV entry import approval or a transitional import approval in respect of the vehicle; and
Note: A person is taken to be the holder of a RAV entry import approval in respect of a vehicle in the circumstances set out in section 146.
(1) For the purposes of paragraph 22(2)(d) of the Act, a person is permitted to import a road vehicle if, at the time of the importation, subsection (2), (3), (4), (5) or (6) applies.
Note: A person commits an offence if the person imports a road vehicle into Australia where they were not permitted to do so at the time of the importation (see subsection 22(1) of the Act). However, the rules may prescribe circumstances in which a person is permitted to import a road vehicle (see paragraph 22(2)(d)).
(b) the vehicle is imported in circumstances in which Article 2(1) of the Private Road Vehicles Convention provides for temporary admission without payment of import duties and import taxes and free of import prohibitions and restrictions.
(a) the vehicle is covered by an ATA carnet within the meaning of Article (1)(b) of Annex A to the Istanbul Convention, issued in accordance with that Convention; and
(b) the vehicle is imported in circumstances in which that Convention provides for the grant of temporary admission of goods.
(a) the vehicle is covered by an A.T.A. carnet within the meaning of Article 1(d) of the ATA Convention, issued in accordance with that Convention; and
(b) the vehicle is imported under a Convention mentioned in Article 3 of the ATA Convention, as in force for Australia from time to time.
(a) item 10 of Schedule 4 to the Tariff Act applies to the vehicle by virtue of a by‑law, as in force from time to time, made for the purpose of implementing a Status of Forces Agreement or Status of Visiting Forces Agreement to which Australia is a party;
(b) item 11 of Schedule 4 to the Tariff Act applies to the vehicle by virtue of any by‑law made for the purposes of that item, as in force from time to time;
(c) paragraph 15(d) of Schedule 4 to the Tariff Act applies to the vehicle by virtue of any by‑law made for the purposes of that item, as in force from time to time.
Note: Each item of the Tariff Act mentioned in subsection 171(5) applies to goods prescribed by by‑law for the purposes of the item. A by‑law made for those purposes may set out conditions subject to which the item applies to goods of the kind, or included in the class, specified in that item (see paragraph 272(b) of the Customs Act 1901). If those conditions are not met at the relevant time, the item will not apply to the vehicle. As such, subsection (5) will only capture a vehicle if, at the time the person imports the vehicle, the importation is consistent with the conditions set out in the by‑law.
Note: Example: A by‑law might require that the vehicle have been owned and used by a person at least 6 months before the person departs for Australia. If that was a requirement of the by‑law at the relevant time, then, subject to any exceptions in the by‑law, this subsection would not permit a person to import the vehicle in circumstances covered by subsection 22(1) of the Act where the person had only owned the vehicle for 2 months before departing for Australia.
(b) was previously exported from Australia in connection with an activity of the Australian Defence Force outside Australia; and
This Part provides for the grant of approvals in relation to components to be used in the manufacture or modification of certain road vehicles. The Secretary may grant a road vehicle component type approval if, among other things, the component complies or substantially complies with the applicable national road vehicle standards.
Approvals are subject to the conditions set out in Division 3, and any further conditions specified in the approval. Among other things, the holder of the approval must keep certain records and issue up‑to‑date instructions for the use or installation of the component.
(1) A person may apply to the Secretary for the grant of an approval (a road vehicle component type approval) of a road vehicle component of a particular type that is intended for use in:
(i) at the time the application is made, the person is able to provide the supporting information for the road vehicle component type approval; and
(ii) while the approval is in force, and for the period of 7 years after it expires, the person will be able to access the original and any subsequent versions of the supporting information; and
Note 1: The Secretary may refuse to consider an application if it does not comply with subsection 174(2) (see section 176).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person signs a false or misleading declaration (see section 31 of the Act).
(1) To assist in deciding whether to grant a road vehicle component type approval to a person, the Secretary may request the person to do the following:
(b) allow or arrange for the Secretary or an inspector to inspect premises where the component is designed or manufactured;
(c) allow or arrange for the Secretary or an inspector to inspect components (whether or not approved road vehicle components) used in the design or manufacture of the component.
(b) state that the Secretary may refuse to consider the person’s application if the person does not comply with the request within the period of 30 days starting on the day the request is made, or within such longer period as the Secretary allows.
(b) the applicant does not comply with a request made under subsection 175(1) within the period mentioned in paragraph 175(2)(b).
Note: Subsection 174(2) requires, among other things, that the application be in the approved form and be accompanied by the application fee.
(1) The Secretary may grant a road vehicle component type approval to a person in respect of a type of road vehicle component if the Secretary is satisfied that:
(i) the type of road vehicle component complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application; or
(i) the person has control over all stages of the design, componentry and manufacturing process for the type of road vehicle component; or
(ii) the person is able to access information, including information about any changes, relating to the design, componentry and manufacturing process for the type of road vehicle component that may affect that type of road vehicle component’s compliance with the applicable national road vehicle standards; and
(c) the person is able to ensure that the design, componentry and manufacturing process will consistently produce the type of road vehicle component; and
(d) the person is able to arrange for the Secretary or an inspector to inspect the premises or components used, or to be used, in the manufacturing process for the purposes of assessing compliance with:
(ii) any other requirements of the Act, this instrument, or an instrument made under the Act or this instrument that apply in relation to the person or the type of road vehicle component; and
(f) while the approval is in force, the person will ensure that the supporting information for the approval is kept up‑to‑date; and
(ii) any other requirements of the Act, this instrument, or an instrument made under the Act or this instrument that apply in relation to the person or the type of road vehicle component.
(2) For the purposes of subparagraph (1)(a)(i) and paragraph (3)(a), the Secretary may take into account only the following matters:
(i) issued by the government of a foreign country that is a contracting party to the 1958 Agreement, or by a person who is a competent authority of such a government for the purposes of that agreement; and
(ii) that indicates that the type of road vehicle component complies with requirements applying under that agreement that are equivalent to the applicable national road vehicle standards as in force at the time the Secretary decides the application;
(c) in respect of road vehicle components used in the type of road vehicle component—whether the road vehicle components are approved road vehicle components;
(e) any matter or thing specified in an applicable national road vehicle standard to be acceptable as evidence of compliance with that standard, or an element of that standard, as in force at the time the Secretary decides the application;
(f) any information about whether the matters mentioned in paragraphs (a) to (e) demonstrate that road vehicle components of the type to which the application relates comply with the applicable national road vehicle standards;
(a) the type of road vehicle component substantially complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application; and
(b) the type of road vehicle component’s non‑compliance with the applicable national road vehicle standards, as in force at the time the Secretary decides the application, is only in minor and inconsequential respects or to a minor and inconsequential extent.
Subject to subsection 177(2), in deciding whether to grant, or to refuse to grant, a road vehicle component type approval to a person, the Secretary may take into account:
(b) if the person is a body corporate—whether, for each member of the key management personnel of the person, the member has contravened or may have contravened road vehicle legislation; and
Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(1) The Secretary must decide an application for a road vehicle component type approval within 60 business days after receiving the application.
(2) If the Secretary has made a request under subsection 175(1), a day is not to be counted as a business day for the purposes of subsection (1) of this section if it is:
(b) on or before the day the applicant provides the last of the information requested, or the premises or components are inspected, as the case may be.
(1) If the Secretary decides to grant a road vehicle component type approval to a person, the Secretary must, as soon as practicable:
(d) the national road vehicle standards applicable to the type of road vehicle component to which the approval applies and the reference numbers of the documents mentioned in subsection 177(2) that demonstrate that road vehicle components of that type comply with those standards;
(e) if subsection 177(3) applies to the type of road vehicle component—the respects in which, or the extent to which, road vehicle components of that type are not required to comply with the applicable national road vehicle standards as in force at the time the Secretary decides the application;
(h) that the approval expires at the end of the period of 7 years after it comes into force, unless it is revoked earlier.
If the Secretary decides to refuse to grant a road vehicle component type approval to a person, the Secretary must, as soon as practicable:
Note: The holder of an approval may commit an offence or contravene a civil penalty provision if a condition of the approval is breached (see section 28 of the Act).
(1) Except where subsection (3) applies, it is a condition of a road vehicle component type approval that the holder of the approval, at all times:
(a) ensure that road vehicle components covered by the approval, at the time they are provided for use or installation in a road vehicle, comply with the applicable national road vehicle standards as in force at that time; and
(i) demonstrates that road vehicle components covered by the approval comply with those standards at the time they are provided for use or installation in a road vehicle; and
(2) Subsection (3) applies where the approval specifies that road vehicle components covered by the approval are not required to comply with the applicable national road vehicle standards in certain respects, or to a certain extent, in order for the approval to be granted.
Note: The road vehicle component type approval must, under paragraph 181(2)(e), specify the respects in which, or the extent to which, road vehicle components of that type are not required to comply with the applicable national road vehicle standards in order for the approval to be granted.
(a) ensure that road vehicle components covered by the approval, at the time they are provided for use or installation in a road vehicle, comply with the applicable national road vehicle standards as in force at that time, except in the respects, or to the extent, that the approval specifies that components of that type are not required to comply with those standards; and
(i) demonstrates that road vehicle components covered by the approval comply with those standards to the extent mentioned in paragraph (a); and
It is a condition of a road vehicle component type approval that the holder of the approval implement a conformity of production system that:
(b) ensures that, at the time that a component covered by the approval is manufactured, the component satisfies the applicable national road vehicle standards as in force at that time in the respects, or to the extent, that the component is required to comply with those standards.
Note: The road vehicle component type approval must, under paragraph 181(2)(e), specify the respects in which, or the extent to which, components of that type are not required to comply with the applicable national road vehicle standards as in force at the time the Secretary decides the application.
It is a condition of a road vehicle component type approval that the holder of the approval, when requested in writing by the Secretary or an inspector, and within such reasonable time as is specified in the request:
(a) provide, or arrange for the Secretary or an inspector to access, the original and any subsequent versions of the supporting information for the approval; and
(b) provide any information that the Secretary or inspector reasonably requires for the purposes of assessing whether the holder of the approval is complying with the Act, this instrument, or an instrument made under the Act or this instrument; and
(c) provide any other information or documents specified in the request about road vehicle components to which the approval applies; and
(d) provide written answers to questions, specified in the request, about road vehicle components to which the approval applies; and
(e) for the purpose of assessing whether road vehicle components or road vehicles containing road vehicle components to which the approval applies would comply with the applicable national road vehicle standards, to the extent that those standards relate to that component—allow or arrange for the Secretary or an inspector to inspect:
(a) keep a record of the original and any subsequent versions of the supporting information for the approval while the approval is in force, and for the period of 7 years after it expires or is revoked; and
(a) issue instructions for the use or installation of the component in a road vehicle that, if followed correctly, will ensure that the vehicle will comply with the applicable national road vehicle standards, as in force at the time that the holder of the approval provided the component for use or installation in a road vehicle, to the extent that those standards relate to that component; and
(b) as at the time the holder of the approval provides the component for use or installation in a road vehicle—make the latest version of those instructions available to persons using or installing the component.
Divisions 2 and 3 empower the Minister to vary, suspend or revoke approvals granted by the Minister under this instrument, either on his or her own motion, or following an application by the approval‑holder. The Secretary has the same power in relation to approvals granted by the Secretary. The Part sets out a number of matters that the Minister and Secretary must take into account when deciding whether to vary, suspend or revoke an approval.