Road Vehicle Standards (Verification of Road Vehicles) Determination 2021

This Determination prescribes the exact steps, records and equipment that an authorised vehicle verifier (AVV) must use when verifying road vehicles manufactured or modified by a RAW under an approved Model Report. It establishes a three‑stage verification process (confirm RAW’s declaration, check RAW‑supplied information, inspect the vehicle) and adds reporting, record‑keeping and calibration duties. It affects AVVs (who decide and document compliance), RAWs (who must supply verifiable material), and vehicle owners (who may incur remedial costs) (see ss 9–19, 21–25, 28–30).

This Determination prescribes the procedural and technical requirements that an authorised vehicle verifier (AVV) must follow when verifying road vehicles under an AVV approval in circumstances the Road Vehicle Standards Rules 2019 (the Rules) permit or require. The instrument is made under section 106 of the Rules (see s 3) and commenced on 1 July 2021 (s 2). Its stated purpose is to set out matters relating to the verification of a road vehicle by a corporation as an AVV (s 4).

Mechanically, the Determination does three things. First, it defines the scope of verifications to which these requirements apply (s 5, s 7). The instrument applies to all verifications under an AVV approval (s 7(1)), but Part 2 and the obligation to retain a record of the RAW declaration (s 22) apply only to verifications of vehicles covered by a concessional RAV entry approval on the eligibility criterion in s 37 of the Rules (s 7(2)). Second, it sets out a three-stage verification process where an AVV is verifying a vehicle that was manufactured or modified by a RAW approval holder in accordance with an approved Model Report (Part 2, Divisions 2-4; see s 8). The three stages are: (1) confirm the RAW’s signed declaration is true and accurate (s 9-10); (2) examine information provided by the RAW to check that the RAW has completed the Work Instructions and necessary checks (s 11); and (3) conduct a physical inspection of the vehicle according to prescribed checks (s 12-19). Third, it prescribes administrative, record-keeping and equipment requirements for all AVV verifications (Part 3 and Part 4, ss 21-30), including report obligations (s 21), types of supporting material the AVV may rely on (s 26), and the technology and calibration standards to be used in inspections (ss 28-30).

The Determination references and operates with the Rules, the approved Model Report regime (for example the definitions and Work Instructions), and the Road Vehicle Standards (Model Reports) Determination 2021 for defined check types and limits (s 6(2)-(3)). It does not itself set monetary penalties or licence removal procedures; instead it imposes duties, record-keeping and process obligations that AVVs must meet in order to give verifications that will enable concessional RAV entry and satisfy Rule-based conditions (see s 5, s 7).

In short, the instrument converts Rule-level verification requirements into detailed procedural steps, technical tolerances, documentation and equipment standards that AVVs must follow (Part 2-4). It places evidentiary and process obligations on AVVs (for example, to be satisfied on reasonable grounds that a RAW declaration is true and accurate, s 9(1)), and it requires AVVs to keep contemporaneous records and certification of equipment maintenance and calibration (ss 23-25, 30).

The Determination is structured around a set of core concepts and cross-references to the Rules and Model Reports. Key concepts are AVV, RAW, Model Report, Work Instructions, Vehicle Scope, verification checklist, damage or corrosion limit, deterioration limit, and the verification stages. These are defined or referenced in s 6 and elsewhere.

AVV: defined in s 6(1) as the holder of an AVV approval. The instrument sets obligations the AVV must perform when verifying vehicles under that approval (see Part 2, Part 3, Part 4).
RAW and Model Report: RAW means the holder of a RAW approval (s 6(1)); Model Report, Work Instructions and Vehicle Scope come from the approved Model Report and are central to scope and manufacture/modification checks (s 6(1)). The instrument repeatedly instructs the AVV to compare the vehicle against the Work Instructions and Vehicle Scope in the approved Model Report (see s 8, s 11, s 12).
Declaration: the RAW provides a signed declaration under paragraph 65(2)(a) of the Rules; an AVV cannot verify unless satisfied, on reasonable grounds, that the declaration is true and accurate (s 9(1) note). Section 9 prescribes how an AVV can be satisfied, including matching Work Instruction document identifiers, linkages between RAW and Model Report approvals, or a written authorisation from the Model Report approval holder (s 9(2)(a)-(c)).
Verification checklist and the three-stage process: s 8 identifies three stages. The verification checklist is the working instrument used across these stages; section 12 requires completion of scope checks on the checklist; section 13 requires manufacture/modification checks; sections 14-19 cover deterioration, damage or corrosion, body alignment, odometer and recall checks. The checklist is also the repository for recording reasons and findings where the AVV is not satisfied (see ss 10, 12(5)(a), 13(2)(a), 14(2)(a), 15(3)(a), 16(3)(a), 17(4)(a), 18(3)(a), 19(2)).
Damage or corrosion and deterioration limits: the Determination cross-references the Road Vehicle Standards (Model Reports) Determination 2021 for the definitions of damage or corrosion checks, deterioration checks, and the circumstances in which a vehicle exceeds a deterioration limit or damage/corrosion limit (s 6(2)-(3), s 15(1), s 16(1)). The presence or absence of a formal damage or corrosion limit determines which test applies (s 15 vs s 16).
Equipment and calibration: Part 4 prescribes types of equipment required for particular inspection tasks (s 28 and table), location requirements for noise testing (s 29), and calibration and maintenance obligations for AVV-owned and borrowed equipment (s 30).

Primary actors named in the Determination are AVVs (holders of AVV approvals) and RAWs (holders of RAW approvals). Secondary affected parties include vehicle owners or presenters, operators who will ultimately seek concessional RAV entry, the Department administering the Rules, and , to the extent the AVV forms a reasonable suspicion , state or territory police (s 21(1)).

AVVs: the AVV is the regulated party for most of the instrument. Duties are assigned to the AVV across process stages (confirming the RAW declaration, checking RAW-supplied information, inspecting the vehicle), record-keeping (ss 22-25), equipment selection and maintenance (ss 28-30), and reporting obligations (s 21). The AVV must be satisfied on reasonable grounds at several junctures (s 9(1) note, s 11(2), s 12-19). Practically, this requires the AVV to maintain documentation, trained inspectors, calibrated equipment, and procedures to determine the truth and accuracy of RAW material (s 26).
RAWs: the RAW supplies a signed declaration (paragraph 65(2)(a) of the Rules, referred in s 9(1)) and the information that AVVs will examine (s 11). RAWs must provide sufficient supporting material for the AVV to assess that Work Instructions were completed; the Rules do not oblige RAWs to provide everything, but the AVV cannot proceed without sufficient information (s 11 note). RAWs that claim to be the Model Report holder must provide supporting material connecting the RAW approval and Model Report approval to the same entity, or otherwise obtain written authorisation from the Model Report approval holder permitting use of the Model Report (s 9(2)(b)-(c)).
Vehicle owners/presenters: owners and presenters are likely to be affected because the AVV must keep correspondence between AVV and owner and images of the vehicle, and the AVV must report to the Department and potentially the police in specific circumstances (ss 21, 23). Owners may experience delays or costs if an AVV refuses or cannot proceed due to insufficient RAW documentation (s 11).
Department and enforcement authorities: the Department is to be notified when an AVV completes a verification (s 21(2)) and will receive copies of verification reports where an AVV reports a vehicle or modifications are not verified under subparagraph 100(4) of the Rules (note to s 21). Also, AVVs must report suspected thefts to state/territory police (s 21(1)). The Rules and Act provide the legislative backbone (the Determination is made under s 106 of the Rules; s 3).

The Determination allocates specific duties to AVVs and prescribes what the AVV may rely on. It sets out discrete duties at each verification stage, administrative obligations, and equipment and calibration responsibilities. The instrument also implicitly creates conditional rights: an AVV may decline to proceed with verification absent satisfactory documentation or outcomes, but must document the reasons.

Stage 1 duties (confirm RAW declaration)

When the RAW provides the signed declaration under paragraph 65(2)(a) of the Rules, the AVV must be satisfied, on reasonable grounds, that the declaration is true and accurate before proceeding (s 9(1) note). Section 9(2) specifies criteria by which the AVV may be satisfied: matching document identifiers of Work Instructions between Model Reports (s 9(2)(a)); supporting materials tying the RAW approval and Model Report approval to the same entity where the RAW claims to be the holder (s 9(2)(b)); or a written authorisation from the Model Report approval holder where paragraph (b) does not apply (s 9(2)(c)). If not satisfied, the AVV must record reasons and stop (s 10(a)-(b)).

Stage 2 duties (check RAW information)

The AVV must examine all relevant information provided by the RAW to determine whether the RAW completed each check in the Work Instructions (s 11(1)). If the AVV is not satisfied (for example, that the RAW completed the checks, or if the checks reveal scope, component fitment, incorrect manufacture/modification, damage or corrosion limits exceeded, structural integrity reduction, odometer inaccuracy, deterioration limit exceeded, or unrectified recalls), the AVV must not proceed to the next stage (s 11(2)(a)-(b)). The instrument notes that the Rules do not oblige the RAW to provide information, but an AVV cannot proceed without sufficient information (s 11 note).

Stage 3 duties (physical inspection)

The AVV must complete the verification checklist scope checks (s 12(1)); determine whether the vehicle falls within the Vehicle Scope and apply tolerances (s 12(2)-(4)); complete manufacture/modification checks (s 13); deterioration checks (s 14); damage or corrosion checks (ss 15-17); body alignment tests where required (s 17); odometer checks (s 18); and recall checks (s 19). Where the AVV is not satisfied, it must record reasons on the checklist and continue inspecting (see, e.g., ss 12(5), 13(2), 15(3)(a)-(b)).

Administrative duties

Reporting obligation: if the AVV forms a reasonable suspicion that the vehicle was stolen, it must report the theft to the police as soon as practicable (s 21(1)). The AVV must notify the Department that it has completed a verification within three business days of completion (s 21(2)). The Determination clarifies that completing a verification for this purpose does not include completing a verification report (s 21(3) note); where a verification report states the vehicle is not verified, the Rules require providing a copy to the Department within one business day (note to s 21 referencing s 100(4) of the Rules).

The Determination does not itself specify monetary fines, criminal penalties or licence revocation procedures. It is an instrument made under the Rules (s 3) and operates by imposing procedural and documentary duties on AVVs. Enforcement and penalties for non-compliance therefore must be pursued under the Road Vehicle Standards Rules 2019 and the Road Vehicle Standards Act 2018 (both referenced repeatedly throughout the Determination). The Determination contains no standalone enforcement schedule or sanction table.

That said, the instrument creates several reporting and record-keeping obligations that are capable of administrative enforcement through the Rules or Act. Specific enforcement-relevant obligations include:

Reporting suspected thefts promptly to state/territory police (s 21(1)). This is a statutory reporting duty tied to criminal enforcement by state police rather than directly to a federal sanction in the Determination.
Notification to the Department that a verification has been completed within three business days (s 21(2)), and the Rules’ separate requirement to provide a copy of a verification report stating the vehicle is not verified within one business day (note to s 21 referencing s 100(4) of the Rules). These are administrative notification duties likely enforced through the Department’s approvals regime.
Retention of mandatory records (s 22-24) and maintenance of procedures (s 25). The Determination references s 103 of the Rules regarding retention periods in notes to s 22 and s 23; s 103 of the Rules sets record retention defaults and will be the instrument through which compliance is judged. The Determination’s instructions that AVVs must ensure equipment meets s 30 standards and keep calibration certificates for borrowed equipment (s 30(2)(b)(ii)) create a traceable documentary trail an inspectorate can audit.

Where an AVV fails to follow the Determination, the Department’s powers under the Rules and the Act (not reproduced in the Determination) will determine the regulatory consequence: the Department can likely use approval conditions, suspension or cancellation of an AVV approval, or other administrative measures available under the statutory framework. The Determination itself should therefore be read as a set of required practices; enforcement will flow through Rule and Act mechanisms.

For matters leading to criminal investigation, the AVV’s duty to report suspected thefts to police (s 21(1)) interfaces with state/territory criminal law, and failure to report in those jurisdictions could, depending on local law and the factual matrix, engage separate obligations or liabilities. The Determination does not comment on those local-law consequences.

The Determination is explicitly derivative and supplementary to the Road Vehicle Standards Rules 2019 and the Road Vehicle Standards Act 2018. It is made under s 106 of the Rules (s 3), and throughout it cross-references provisions of the Rules and a companion instrument, the Road Vehicle Standards (Model Reports) Determination 2021 (s 6(2)). The inter-relationship is as follows:

Rules as the enabling instrument: The Determination implements matters that section 106 of the Rules empowers the Minister to determine (s 5 explanatory content and s 3 Authority). It operationalises Rule-level requirements about the verification of vehicles manufactured or modified by RAW approval holders (for example, the requirement that certain vehicles not be entered on the RAV until manufactured/modified in accordance with an approved Model Report and verified by an AVV , see s 5 and the cross-reference to s 48 of the Rules).
Model Report Determination: The Determination delegates to and relies on definitions and technical tests contained in the Road Vehicle Standards (Model Reports) Determination 2021 for terms such as damage or corrosion check, deterioration check, manufacture or modification check, odometer check, recall check, scope check, Vehicle Scope and Work Instructions (s 6(2)). It also adopts the deterioration limit description in subsection 4(4) of the Model Reports Determination (s 6(3)). Practically, that means the substantive technical thresholds (damage/corrosion limits, deterioration limits, body alignment test definitions) are sourced from the Model Reports Determination; this Determination prescribes the AVV’s duties for applying them.
Rules referencing Model Reports and approved Model Reports: The Determination instructs AVVs to compare vehicles against Work Instructions and Vehicle Scope drawn from approved Model Reports. It sets the documentary tests for linking RAW approvals to Model Report approvals (s 9(2)(b)-(c)) and requires AVVs to check whether RAWs completed the checks specified in the Work Instructions (s 11). Therefore, the Determination functions as a compliance bridge between the approvals regime for RAWs and the operational verification work of AVVs.
RAV and concessional RAV entry: Section 5 and s 7(2) clarify that Part 2 applies only to the subset of vehicles that are in the concessional RAV entry pathway (eligibility criterion in s 37 of the Rules) and which cannot be entered on the RAV until the RAW-manufacture/modification plus AVV verification steps are completed (s 5; s 7(2) note highlighting s 48 of the Rules). The Determination therefore operates as a precondition to RAV entry for those vehicles.

The Determination records its making and commencement details at the front of the instrument. It was made by Michael McCormack, Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, and dated 19 June 2021 (front matter). Section 2 states the Determination commenced on 1 July 2021.

The text of the Determination provided contains no subsequent amendments, schedules or amendment notes. It does not include a consolidated history of amendments or versions. It does, however, rely on other instruments for definitions and limits (notably the Road Vehicle Standards Rules 2019 and the Road Vehicle Standards (Model Reports) Determination 2021), which themselves may be amended independently; any changes to those instruments (for example, to the definition of damage or corrosion limit or deterioration limit) would therefore affect how the Determination operates in practice because the Determination cross-references those concepts (s 6(2)-(3)).

Key dated points in the instrument for an audit trail:

Made date: 19/6/2021 (front matter).
Commencement date: 1 July 2021 (s 2).

The Determination contains internal cross-references to the Rules and Model Reports Determination (s 3, s 6). Any amendment history for the Determination itself would likely be notified and published in the Federal Register of Legislation as usual, but no amendment entries appear in the body of the instrument provided here.

For practitioners, the practical implication is to check the Federal Register of Legislation for any post-commencement amendments to this Determination and to check for changes to the Rules and Model Reports Determination that are referenced by this instrument. The Determination’s operation is intentionally intertwined with those other instruments; amendment to either source instrument could alter substantive thresholds and hence AVV processes.

The Determination itself does not name any cases, and it contains no litigation history or references to judicial decisions. It is an administrative instrument setting procedural, technical and record-keeping duties for AVVs. As such, the Determination does not record past litigation nor identify a body of case law interpreting its terms.

Where disputes or challenges arise in practice, they would engage the broader statutory and administrative law framework: decisions made by the Department under the Rules and the Road Vehicle Standards Act 2018, and director-general or ministerial decisions related to AVV approvals or RAW approvals. Challenges could arise by way of merits review or judicial review of administrative decisions under the Acts that govern the approval processes, but the Determination itself does not set out appeals or judicial remedies.

For practitioners researching precedent, the relevant litigation history to consult is likely to include:

Judicial and administrative decisions concerning the Road Vehicle Standards Act 2018 and the Road Vehicle Standards Rules 2019, particularly decisions that address the adequacy of procedural steps taken by AVVs or the Department’s exercise of regulatory powers. The Determination does not cite any such cases.
Any enforcement actions, disciplinary proceedings, or administrative decisions involving AVV or RAW approvals that have been subject to review. Those would be administrative records or tribunal decisions, not embedded in the Determination.

Because the Determination relies on subordinate instruments (the Rules and Model Reports Determination), litigation interpreting their terms could be highly relevant. However, the Determination as supplied contains no litigation history and no judicial interpretation references. Users seeking precedent or case law should therefore search decisions under the Road Vehicle Standards Act and the Rules rather than expect cases named in this Determination.

The Determination contains several points that commonly trip up practitioners and regulated parties because they mix documentary, evidential and procedural thresholds with tight record-keeping and equipment standards. Below are concrete pitfalls drawn from the text.

Part 2’s limited application

Part 2 (the three-stage process) and the declaration retention requirement in s 22 apply only to verifications for vehicles covered by a concessional RAV entry approval based on s 37 of the Rules (s 7(2)). AVVs performing other verifications under s 100(2) of the Rules may not be bound by all Part 2 requirements. Practitioners should not assume the same process applies to every AVV verification; confirm whether the vehicle falls into the concessional RAV category.

AVV cannot proceed without RAW information

The Rules do not oblige RAWs to provide the supporting material the AVV needs, but the AVV cannot assess matters in s 11 if the RAW does not provide sufficient information (s 11 note). Practically, this creates a supply-side bottleneck: the AVV must insist on receiving the required Work Instructions evidence before proceeding. Failure to manage RAW documentation flows may lead to delays and repeated inspections.

Stringent validation of the RAW declaration

The AVV may only be satisfied that the RAW declaration is true and accurate where document identifiers of relevant Work Instructions match (s 9(2)(a)), or where the RAW and Model Report approvals are demonstrably the same entity (s 9(2)(b)), or where there is a written authorisation from the Model Report approval holder (s 9(2)(c)). An AVV that accepts a declaration without satisfying one of those conditions exposes itself to a procedural breach.

Mandatory recordings and continuing inspections

When an AVV is not satisfied, the Determination commonly requires the AVV to record the reasons on the verification checklist and to continue inspecting the vehicle (for example ss 10, 12(5), 13(2), 14(2)). That means AVVs cannot simply stop and return the vehicle to the owner without contemporaneous explanation and an extended inspection record. Failure to record or to continue as required may create evidentiary gaps.

Scope tolerances are narrow and asymmetrical

A vehicle may be treated as within scope if specifications match Vehicle Scope or if deviations are within ±50 mm of height or ±10 mm of length (s 12(2)(a)-(b)). Those numerical tolerances are fixed in the Determination; AVVs must measure carefully and record instruments used (s 28, s 24). If a vehicle is just outside those tolerances, the AVV must record reasons and proceed with other inspections, but such a finding can prevent RAV entry under the concessional pathway.

Below is a practical compliance roadmap an AVV operator should follow to align operations with the Determination. Each step references the relevant sections of the instrument.

Confirm Scope and Applicability

Before any verification, determine whether Part 2 applies to the vehicle. Use s 7(2) to confirm whether the vehicle is presented under the concessional RAV entry eligibility criterion (s 37 of the Rules). If Part 2 does not apply, different parts of the Determination may be inapplicable.

Receive and validate the RAW declaration (Stage 1 , ss 8, 9)

Collect the signed declaration that the RAW must provide under paragraph 65(2)(a) of the Rules (s 9(1)).
Validate using one of the routes in s 9(2):
- Check Work Instruction document identifiers match between the Model Report used for manufacture/modification and the copy of the verification checklist the Department provided (s 9(2)(a)).
- Where the RAW claims to be the Model Report approval holder, obtain supporting material showing the RAW approval and Model Report approval were issued to the same entity (s 9(2)(b)).
- Otherwise, obtain a written authorisation from the Model Report approval holder authorising the RAW to use the Model Report (s 9(2)(c)).
If you are not satisfied, record the reasons on file and stop per s 10(a)-(b).

Obtain and assess RAW-supplied information (Stage 2 , s 11)

Require the RAW to supply all pertinent documents demonstrating completion of each Work Instruction check (s 11(1)).
Assess whether the RAW’s materials show Work Instructions were completed and whether any checks indicate scope mismatch, component non-fitment, incorrect manufacture/modification, damage/corrosion issues, odometer concerns, deterioration, or unrectified recalls (s 11(2)(a)-(b)).
If insufficient, record reasons and do not proceed (s 11(2)).

Conduct the physical inspection using the verification checklist (Stage 3 , ss 12-19)

Complete scope checks (s 12). Measure vehicle dimensions and apply tolerances: height ±50 mm, length ±10 mm (s 12(2)). Use dimensional measuring equipment from the s 28 table (tape, ruler, vernier caliper, micrometer).
Complete manufacture/modification checks and functional tests on affected systems (s 13).

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Road Vehicle Standards (Verification of Road Vehicles) Determination 2021

I, Michael McCormack, Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, make the following determination.

Dated 19/6/2021

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

Part 1—Preliminary

Division 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Purpose of this instrument

Division 2—Simplified outline of this instrument

5 Simplified outline of this instrument

Division 3—Definitions and application

6 Definitions

7 Application of this instrument

Part 2—Requirements for the verification of vehicles manufactured or modified by RAW

Division 1—Preliminary

8 Simplified outline of this Part

Division 2—Stage 1: confirming RAW’s declaration

9 Confirming that declaration is true and accurate

10 How to proceed if AVV is not satisfied that declaration is true and accurate

Division 3—Stage 2: checking information provided by the RAW

11 AVV must check information provided by the RAW

Division 4—Stage 3: inspecting the road vehicle

12 Scope check—is the road vehicle covered by the Work Instructions?

13 Manufacture or modification checks—has the vehicle been correctly manufactured or modified?

14 Deterioration checks—does the vehicle pass the deterioration checks?

15 Damage or corrosion checks—does the vehicle exceed the damage or corrosion limit?

16 Damage or corrosion checks—has structural integrity been reduced?

17 Damage or corrosion checks—body alignment test

18 Odometer checks—is the odometer accurate?

19 Recall checks—is the vehicle the subject of an unrectified recall?

Part 3—Administrative matters

20 Simplified outline of this Part

21 Reporting requirements

22 Requirement to keep record of declaration

23 Requirement to keep records of verification

24 Requirement to keep records of equipment

25 Requirement to keep procedures up to date

26 Types of supporting material the AVV may rely on

Part 4—Technology and equipment

27 Simplified outline of this Part

28 Technology and equipment to be used when inspecting road vehicles

29 Location of noise testing

30 Equipment and technology must be appropriately calibrated and maintained

Part 1—Preliminary

Division 1—Preliminary

1 Name

This instrument is the Road Vehicle Standards (Verification of Road Vehicles) Determination 2021.

2 Commencement

This instrument commences on 1 July 2021.

3 Authority

This instrument is made under section 106 of the Road Vehicle Standards Rules 2019.

4 Purpose of this instrument

For the purposes of section 106 of the Rules, this instrument sets out matters relating to the verification of a road vehicle by a corporation as an authorised vehicle verifier.

Division 2—Simplified outline of this instrument

5 Simplified outline of this instrument

Section 106 of the Rules empowers the Minister to determine any matter relating to the verification of a road vehicle by the holder of an AVV approval.

Certain vehicles cannot be entered on the RAV through the concessional RAV entry pathway until they have been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, and verified by the holder of an AVV approval (see section 48 of the Rules). The whole of this instrument applies to the verification of road vehicles in this class.

Further, in some cases, a condition may be imposed on an approval granted under the Rules that requires the holder of that approval to have the relevant vehicle verified by the holder of an AVV approval. In such cases, the holder of the AVV approval cannot verify the road vehicle (or modifications thereof) unless it has inspected the vehicle in accordance with the requirements specified in that condition, and is satisfied that the vehicle meets those requirements (see subsection 100(3) of the Rules). Certain parts of this instrument also apply to such verifications (see section 7).

Part 2 sets out the requirements that apply where the holder of an AVV approval is verifying a road vehicle that has been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report.

Part 3 sets out administrative requirements that apply in relation to all verifications (such as record-keeping obligations), and addresses the kinds of supporting material that the holder of the AVV approval may rely on when deciding whether to verify a road vehicle under the approval.

Part 4 deals with the kinds of equipment that the AVV must use when inspecting vehicles, and sets out requirements relating to the maintenance and calibration of that equipment.

Division 3—Definitions and application

6 Definitions

Note 1: A number of expressions used in this instrument are defined in the Rules, including the following:

(a) approved Model Report;

(b) AVV approval;

(d) RAW approval.

Note 2: A number of expressions used in this instrument are defined in the Road Vehicle Standards Act 2018, including the following:

(a) RAV;

(b) road vehicle.

(1) In this instrument, unless the contrary intention appears:

AVV means the holder of an AVV approval.

body alignment test has the meaning given by the determination under section 107 of the Rules.

Model Report, in relation to a vehicle, means the approved Model Report in accordance with which the vehicle was required to be manufactured or modified.

RAW, in relation to a vehicle, means the holder of the RAW approval under which the vehicle was manufactured, or the modifications of the vehicle were made.

Rules means the Road Vehicle Standards Rules 2019.

source market means the market for which a vehicle was originally manufactured.

Example: A vehicle is manufactured in Japan, but designed to be sold in the Australian market. In these circumstances, Australia is the vehicle’s source market.

vehicle means the road vehicle presented to the AVV for verification under the AVV approval.

verification checklist: see paragraph 88(2)(c) of the Rules.

Work Instructions, in relation to a vehicle, means the applicable set of Work Instructions in the approved Model Report in accordance with which the vehicle was required to be manufactured or modified.

(2) The following terms have the same meaning as in the Road Vehicle Standards (Model Reports) Determination 2021:

(a) damage or corrosion check;

(b) deterioration check;

(d) odometer check;

(e) recall check;

(f) scope check;

(g) Vehicle Scope;

(h) Work Instructions.

(3) A vehicle exceeds the deterioration limit in the circumstances described in subsection 4(4) of the Road Vehicle Standards (Model Reports) Determination 2021.

7 Application of this instrument

(1) Subject to subsection (2), this instrument applies to all verifications carried out under an AVV approval.

(2) Part 2 and section 22 apply to the verification of a road vehicle, or of modifications of a road vehicle, under an AVV approval, only where the vehicle is covered by a concessional RAV entry approval granted on the basis of the eligibility criterion in section 37 of the Rules.

Note: Vehicles mentioned in subsection (2) must not be entered on the RAV until they have been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, and the holder of an AVV approval has verified the vehicle or modifications thereof (see section 48 of the Rules).

AVV verifications may also be carried out in circumstances mentioned in subsection 100(2) of the Rules. The provisions listed in subsection (2) do not apply to such verifications.

Part 2—Requirements for the verification of vehicles manufactured or modified by RAW

Division 1—Preliminary

8 Simplified outline of this Part

This Part sets out requirements relating to the verification of road vehicles where verification by the holder of an AVV approval is required by virtue of section 48 of the Rules. Such verifications will be conducted after the vehicle has been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report.

The AVV verification process involves 3 main stages. First, upon presenting a road vehicle to the holder of an AVV approval for verification, the holder of the RAW approval will give the AVV a declaration stating certain things about the vehicle (see paragraph 65(2)(a) of the Rules). The holder of the AVV approval must begin by examining the declaration to determine whether it is true and accurate (see subparagraph 100(1)(a)(ii) of the Rules). Division 2 sets out the circumstances in which the holder of the AVV approval can be satisfied that the declaration is true and accurate.

Second, the holder of the AVV approval must check a number of things about the vehicle based on information provided by the holder of the RAW approval (see Division 3).

Third, the holder of the AVV approval must complete a physical inspection of the vehicle in accordance with the requirements of Division 4.

Division 2—Stage 1: confirming RAW’s declaration

9 Confirming that declaration is true and accurate

(1) This section applies where the AVV has received the signed declaration mentioned in paragraph 65(2)(a) of the Rules from the RAW in relation to the road vehicle, or the modifications of the road vehicle, to be verified under the approval.

Note: The AVV cannot verify the vehicle or modifications unless satisfied, on reasonable grounds, that the declaration is true and accurate.

(2) For subparagraph 100(1)(a)(ii) of the Rules, the AVV may only be satisfied that the declaration is true and accurate where:

(a) the document identifiers of the following Work Instructions are the same:

(i) the relevant Work Instructions of the approved Model Report in accordance with which the vehicle was manufactured, or the modifications of the vehicle were made; and

(ii) the relevant Work Instructions of the approved Model Report to which the copy of the verification checklist provided to the AVV by the Department relates; and

(b) where the RAW claims to be the holder of the relevant Model Report approval—there is supporting material showing that the RAW approval and Model Report approval were issued to the same entity; and

(c) where paragraph (b) does not apply—the declaration mentioned in subsection (1) is accompanied by a written statement from the holder of the Model Report approval authorising the RAW to use the Model Report in the manufacture or modification of:

(i) the vehicle; or

(ii) a class of road vehicles that contains the vehicle; or

(iii) any road vehicle to which the Model Report applies.

10 How to proceed if AVV is not satisfied that declaration is true and accurate

If the AVV is not satisfied that the declaration is true and accurate, the AVV:

(a) must make a record of the reasons for which it is not satisfied of that matter; and

(b) must not proceed to the next stage of the verification.

Division 3—Stage 2: checking information provided by the RAW

11 AVV must check information provided by the RAW

(1) The AVV must examine all relevant information provided by the RAW to determine whether the RAW has completed each check specified in the Work Instructions.

Note: The Rules do not oblige the RAW to provide this information to the AVV. However, the AVV will not be able to assess the matters in subsection (2) if the RAW does not provide sufficient information, and will therefore be unable to proceed with the verification.

(2) The AVV must not proceed to the next stage of the verification if, based on the examination carried out under subsection (1):

(a) the AVV is not satisfied that the RAW has completed each check specified in the Work Instructions; or

(b) the checks conducted by the RAW indicate that one or more of the following circumstances exist:

(i) the vehicle is not covered by the Work Instructions;

(ii) the vehicle was not fitted with the components mentioned in section 17 of the Road Vehicle Standards (Model Reports) Determination 2021 before it was modified;

(iii) the RAW has not correctly carried out each modification, or each stage of manufacture, required by the Model Report;

(iv) if there is a damage or corrosion limit in force under section 107—the level of damage or corrosion, or repair of damage or corrosion, on the vehicle (if any) exceeds the damage or corrosion limit;

(v) if there is no damage or corrosion limit in force under section 107—the vehicle’s structural integrity has been reduced by damage or corrosion;

(vi) the vehicle’s odometer is not accurate;

(vii) the vehicle exceeds the deterioration limit;

(viii) the vehicle has not been rectified to address the issues that led to each applicable recall issued in its source market.

Division 4—Stage 3: inspecting the road vehicle

12 Scope check—is the road vehicle covered by the Work Instructions?

(1) The AVV must complete each scope check set out in the verification checklist to determine whether the vehicle is covered by the Work Instructions.

Note: ‘Work Instructions’ refers to the applicable set of Work Instructions contained in the Model Report in accordance with which the vehicle was required to be manufactured or modified under the Rules (see subsection 6(1)). There may be several sets of Work Instructions in each Model Report.

‘Vehicle’ refers to the road vehicle that is the subject of the verification being conducted by the AVV.

(2) The AVV may be satisfied that the vehicle is covered by the Work Instructions only where:

(a) the specifications of the vehicle are the same as the specifications listed in the Vehicle Scope for a vehicle that has been manufactured or modified in accordance with the Work Instructions; or

(b) the requirement in paragraph (a) would be met, but for a variation of one or more of the following kinds:

(i) a variation of up to ±50 millimetres in a measurement of height;

(ii) a variation of up to ±10 millimetres in a measurement of length.

Note: The Vehicle Scope will set out the specifications of a vehicle both before and after it has been manufactured or modified in accordance with the Work Instructions. The AVV is to refer to the latter.

(3) Where the relevant part of the Vehicle Scope sets out two or more alternative specifications in relation to a characteristic of a road vehicle, it is sufficient that the relevant characteristic of the vehicle falls within one of those alternatives.

(4) A vehicle does not fall outside the Vehicle Scope where:

(a) the specifications of the vehicle differ from the specifications listed in the relevant part of the Vehicle Scope; and

(b) the difference is wholly the result of rectification action mentioned in section 19 of the Road Vehicle Standards (Model Reports) Determination 2021 (rectifying recalls).

(5) Where the AVV is not satisfied that the vehicle is covered by the Work Instructions, it must:

(a) record the reasons for which it is not satisfied of that matter on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

13 Manufacture or modification checks—has the vehicle been correctly manufactured or modified?

(1) The AVV must complete each manufacture or modification check set out in the verification checklist to determine whether:

(a) the RAW has correctly carried out each modification, or each stage of manufacture, required by the Model Report; and

(b) each system of the vehicle affected by the manufacture or modification is functioning correctly.

(2) Where the AVV is not satisfied of a matter in paragraph (1)(a) or (b), it must:

(a) record the reasons for which it is not satisfied of that matter on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

14 Deterioration checks—does the vehicle pass the deterioration checks?

(1) The AVV must complete each deterioration check set out in the verification checklist to determine whether the vehicle exceeds the deterioration limit.

(2) Where the AVV is satisfied that the vehicle exceeds the deterioration limit, it must:

(a) record each respect in which the vehicle exceeds that limit, and the reasons for which it exceeds the limit, on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

Note: The matters in this section are relevant to determining whether or not a vehicle has been manufactured or modified in accordance with the relevant Model Report for the purposes of subparagraph 100(1)(b)(i) of the Rules.

15 Damage or corrosion checks—does the vehicle exceed the damage or corrosion limit?

(1) This section applies where a damage or corrosion limit has been determined under section 107 of the Rules.

(2) The AVV must:

(a) complete each damage or corrosion check set out in the verification checklist; and

(b) record, on the verification checklist, all damage or corrosion, and repair of damage or corrosion, found on the vehicle; and

(c) assess whether the level of damage or corrosion, or repair of damage or corrosion, on the vehicle exceeds the damage or corrosion limit.

(3) Where the AVV is satisfied that the level of any damage or corrosion, or repair of damage or corrosion, on the vehicle exceeds the damage or corrosion limit, it must:

(a) record on the verification checklist:

(i) each element of the damage or corrosion, and repair of damage or corrosion; and

(ii) the reasons for which that element exceeds the damage or corrosion limit; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

16 Damage or corrosion checks—has structural integrity been reduced?

(1) This section applies where no damage or corrosion limit has been determined under section 107 of the Rules.

Note: Where there is no section 107 determination in force, subparagraph 100(1)(b)(iii) of the Rules provides that an AVV must not verify a road vehicle, or modifications of a road vehicle, unless satisfied that the vehicle’s structural integrity has not been reduced by damage or corrosion.

(2) The AVV must:

(a) complete each damage or corrosion check set out in the verification checklist; and

(b) record, on the verification checklist, all damage or corrosion found on the vehicle; and

(3) Where the AVV is satisfied that the level of any damage or corrosion on the vehicle has reduced its structural integrity, it must:

(a) record on the verification checklist:

(i) each element of the damage or corrosion on the vehicle; and

(ii) the reasons for which that element reduces the vehicle’s structural integrity; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

17 Damage or corrosion checks—body alignment test

(1) This section applies where a damage or corrosion limit has been determined under section 107 of the Rules.

(2) Where the AVV finds evidence of repair of damage or corrosion on the vehicle, it must conduct a body alignment test, unless subsection (3) applies.

(3) The AVV is not required to conduct a body alignment test if:

(a) the AVV has obtained information from the RAW about:

(i) the vehicle’s history; and

(ii) each body alignment test (if any) conducted by the RAW; and

(b) that information demonstrates that the RAW has already conducted a body alignment test.

(4) Where, based on the test carried out under subsection (2) or consideration of the RAW’s information under subsection (3), the AVV is satisfied that the level of any damage or corrosion, or repair of damage or corrosion, on the vehicle exceeds the damage or corrosion limit, it must:

(a) record the reasons for which it is satisfied of that matter on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

Note: The body alignment test is relevant to determining whether a vehicle exceeds the damage or corrosion limit – for instance, because it may reveal distortion of the vehicle structure.

18 Odometer checks—is the odometer accurate?

(1) The AVV must complete each odometer check (if any) set out in the verification checklist.

(2) The AVV must comply with subsection (3) where:

(a) the odometer has been replaced, and the AVV is satisfied that the new odometer does not accurately reflect the distance that the vehicle has travelled; or

(b) the odometer has not been replaced, but the AVV is satisfied that it does not reflect the distance that the vehicle has travelled.

Example: The AVV might be satisfied that the odometer does not accurately reflect the distance travelled by the vehicle where the odometer is faulty or has been tampered with.

(3) The AVV must:

(a) record on the verification checklist the reasons for which the AVV has formed an opinion mentioned in subsection (2); and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

19 Recall checks—is the vehicle the subject of an unrectified recall?

(1) The AVV must complete each recall check set out in the verification checklist.

(2) If the AVV is not satisfied of one or more of the following:

(a) that the RAW has correctly identified all applicable recalls issued in the vehicle’s source market;

(b) that the vehicle has been rectified to address the issues that led to each recall;

it must record the reasons for which it is not satisfied of the relevant matter on the verification checklist.

Part 3—Administrative matters

20 Simplified outline of this Part

This Part sets out administrative matters relating to the verification of road vehicles by the holder of an AVV approval. It imposes certain reporting obligations on the AVV, and sets out the records that the AVV must keep in relation to verifications conducted under the approval. It also provides guidance as to the kinds of supporting material that the holder of the AVV approval may rely on in determining whether to verify a road vehicle, or modifications of a road vehicle, under the approval.

21 Reporting requirements

(1) As soon as practicable after forming a reasonable suspicion that the vehicle was stolen, the AVV must report the theft to the police force of the State or Territory in which the AVV operates.

Note 1: The AVV may form this suspicion based on information provided by a RAW about the vehicle’s history.

Note: 2 ‘Vehicle’ refers to the road vehicle that is the subject of the verification being conducted by the AVV (see subsection 6(1)).

(2) The AVV must notify the Department that it has completed a verification to which this Part applies within 3 business days of completing the verification.

Note: This Part applies to all verifications carried out under an AVV approval (see section 7).

(3) For the purposes of this section, a reference to completing a verification does not include completing a verification report.

Note: Under subsection 100(4) of the Rules, where the AVV completes a verification report stating that the vehicle or modifications are not verified, it must provide a copy of that report to the Department within one business day after the report is completed.

22 Requirement to keep record of declaration

The AVV must keep a record of the declaration provided by the RAW under paragraph 65(2)(a) of the Rules in respect of each road vehicle, or modifications of each road vehicle, presented to the AVV for verification under the approval.

Note 1: This requirement only applies to certain kinds of verifications (see section 7).

Note 2: Section 103 of the Rules requires the AVV to retain such a record, or a copy thereof, for a period of 7 years starting on the day the record is made.

23 Requirement to keep records of verification

(1) The AVV must keep the following records in relation to each verification to which this Part applies:

(a) all correspondence between the AVV and the RAW (where applicable);

(b) all correspondence between the AVV and the owner of the vehicle;

(i) the identity of the vehicle (including the VIN); and

(ii) the condition of the vehicle, including images from head-on, rear-on and each quarter; and

(iii) in circumstances where the AVV was required to inspect for damage or corrosion, or repair of damage or corrosion—all damage or corrosion, and repair of damage or corrosion, found on the vehicle; and

(iv) all modifications made to the vehicle;

(d) the name and qualifications of each inspector involved in the verification.

(2) The AVV is not required to keep a record mentioned in subsection (1) to the extent that subparagraph 103(a)(i) or (ii) of the Rules already requires the AVV to keep that record.

Note: Section 103 of the Rules, among other things, requires the AVV to keep a record of a verification report completed for a vehicle, including, where applicable, the verification checklist.

24 Requirement to keep records of equipment

(1) The AVV must keep records of the following matters in respect of each item of equipment that this instrument requires the AVV to use when conducting a verification to which this Part applies:

(a) the type of the equipment; and

(b) the instrument number (if any).

(2) A record mentioned in subsection (1) must establish whether, at the time the equipment was used, it met all the applicable requirements of section 30.

25 Requirement to keep procedures up to date

An AVV must maintain up-to-date procedures designed to ensure that verifications under the approval are conducted in accordance with the requirements of this instrument.

26 Types of supporting material the AVV may rely on

(1) In determining whether to verify a road vehicle, or modifications of a road vehicle, under the approval, the AVV may rely on one or more of the following types of supporting material:

(a) one or more documents provided by the RAW (where applicable);

(b) the results of testing or analysis conducted:

(i) by the AVV; or

(ii) under a testing facility approval; or

(iii) by a person who holds a testing facility approval, but did not at the time the testing was conducted; or

(iv) by the RAW;

(2) Where the AVV intends to rely on information provided by the RAW:

(a) the AVV must take reasonable steps to determine whether the information is true and accurate; and

(b) if the AVV is not satisfied that the information is true and accurate, it must not rely on it.

(3) Where the AVV intends to rely on material mentioned in subparagraph (1)(b)(ii), (iii) or (iv):

(a) the AVV must be satisfied, on reasonable grounds, that the testing or analysis was carried out correctly; and

(b) if the AVV is not satisfied of that matter, it must not rely on the material.

(4) Subsection (1) does not limit the kinds of supporting material that the AVV may rely on.

Part 4—Technology and equipment

27 Simplified outline of this Part

This Part sets out the kinds of technology and equipment that the holder of an AVV approval must use when conducting inspections under the approval. It also requires the AVV to ensure that relevant technology and equipment is appropriately maintained and calibrated. Different requirements apply depending on whether or not the AVV owns the technology or equipment. Finally, the Part imposes other miscellaneous requirements in relation to the verification of vehicles.

28 Technology and equipment to be used when inspecting road vehicles

(1) When conducting an inspection to which this Part applies, the AVV must use the technology or equipment specified in column 1 of the table where the AVV does a thing specified in column 2.

Note: The table does not, itself, require the AVV to do a thing mentioned in column 2.

(2) The technology or equipment:

(a) must meet the standards specified in column 3; and

(b) may take one or more of the forms specified in column 4.

Technology and equipment to be used when inspecting road vehicles
Item Column 1 Equipment Column 2Use Column 3Standards Column 4 Form (optional)
1 Audio‑visual equipment Take photographs or videos of a vehicle The audio-visual equipment must have sufficiently high resolution for areas of damage or corrosion, part numbers and similar details to be clearly visible. A camera (including a camera contained in a mobile phone).
2 Borescope camera Inspect for damage or corrosion on the inside of components of a vehicle The borescope must be suitable for inspecting modifications and components without requiring the vehicle to be dismantled.
3 Dimensional measuring equipment Make a physical measurement on a vehicle (a) a tape measure;(b) a ruler;(c) a vernier calliper;(d) a micrometer.
4 Exhaust 5‑gas analyser Assess the idle emissions of a vehicle The analyser must be capable of recording the gasses listed by the vehicle manufacturer for the purpose of assessing the idle emissions of the vehicle.
5 Headlamp aiming equipment Make a measurement in accordance with Annex 6 of Vehicle Standard (Australian Design Rule 13/00 – Installation of Lighting and Light Signalling Devices on other than L-Group Vehicles) 2005 (being the variation of dipped beam inclination as a function of load)
6 Hoist or pit Conduct an inspection under the approval (a) for the inspection of a motorbike or moped—a hoist must be capable of lifting the vehicle to a height that allows the inspector to inspect the vehicle without stooping; and (b) otherwise—a hoist must be capable of lifting the vehicle to a height that allows the inspector to walk under the vehicle without stooping.
7 Portable lighting Conduct an inspection under the approval The lighting must be strong enough to:(a) provide good general illumination of the vehicle; and(b) enable detailed inspection of confined spaces in the vehicle.
8 Noise testing equipment Test a vehicle’s noise emissions The noise meter must be suitable for testing the vehicle’s noise emissions.
9 Any other equipment specified by the verification checklist For the purposes specified in the Model Report The equipment must meet all requirements set out in the Model Report.

29 Location of noise testing

Where a vehicle is tested for external stationary noise emissions in the course of a verification to which this Part applies, the AVV must conduct the testing at a site that meets the requirements of the applicable standards concerning stationary noise testing.

30 Equipment and technology must be appropriately calibrated and maintained

Requirements where AVV owns equipment

(1) The AVV must ensure that each piece of equipment or technology owned by the AVV and used to inspect a vehicle under the approval:

(a) is maintained in accordance with the manufacturer’s instructions; and

(b) where there are no such instructions—is kept fit for use and in good repair; and

(c) where the equipment or technology is capable of being calibrated—is appropriately calibrated at the time each inspection is carried out.

Requirements where AVV borrows or hires equipment

(2) On each occasion that the AVV borrows or hires equipment or technology for use in inspecting a vehicle under the approval, the AVV must:

(a) satisfy itself that the equipment or technology is fit for use and in good repair before using it; and

(b) where the equipment or technology is capable of being calibrated:

(i) verify that it is appropriately calibrated before using it; and

(ii) where the owner of the equipment or technology has a calibration certificate in respect of the equipment—keep a copy of the certificate as a record.