sch.1-sec.16Non-application to vehicles subject to particular approvals

sch.1-sec.16 Non-application to vehicles subject to particular approvals

A provision of parts 4 to 10 does not apply to a vehicle if— the vehicle does not comply with a requirement of an ADR applying to the vehicle; and the provision corresponds to the requirement of the ADR; and despite the noncompliance— an approval was given under the repealed Motor Vehicle Standards Act 1989 (Cwlth) , section 10A (2) or (3) for identification plates to be placed on vehicles of that type; or an approval is given under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , item 4(2) or 6(2) in relation to vehicles of that type; or for a vehicle to which the Road Vehicle Standards Rules 2019 (Cwlth) , section 15 (2) applies—the vehicle satisfies the requirements, under section 15 (1) of those rules, of the type approval pathway for the type of vehicle; and the vehicle complies with any conditions of the relevant approval. The repealed Motor Vehicle Standards Act 1989 (Cwlth) , section 10A (2) deals with motor vehicles that do not comply with an ADR, but the noncompliance is only minor and inconsequential. The repealed Motor Vehicle Standards Act 1989 (Cwlth) , section 10A (3) deals with motor vehicles that do not comply with an ADR and the noncompliance is not minor and inconsequential, but the vehicle will be safe to use if conditions are complied with. sch 1 s 16 amd 2023 SL No. 83 s 27

• (a) the vehicle does not comply with a requirement of an ADR applying to the vehicle; and
• (b) the provision corresponds to the requirement of the ADR; and
• (c) despite the noncompliance— (i) an approval was given under the repealed Motor Vehicle Standards Act 1989 (Cwlth) , section 10A (2) or (3) for identification plates to be placed on vehicles of that type; or (ii) an approval is given under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , item 4(2) or 6(2) in relation to vehicles of that type; or (iii) for a vehicle to which the Road Vehicle Standards Rules 2019 (Cwlth) , section 15 (2) applies—the vehicle satisfies the requirements, under section 15 (1) of those rules, of the type approval pathway for the type of vehicle; and
• (i) an approval was given under the repealed Motor Vehicle Standards Act 1989 (Cwlth) , section 10A (2) or (3) for identification plates to be placed on vehicles of that type; or
• (ii) an approval is given under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) , schedule 3 , item 4(2) or 6(2) in relation to vehicles of that type; or
• (iii) for a vehicle to which the Road Vehicle Standards Rules 2019 (Cwlth) , section 15 (2) applies—the vehicle satisfies the requirements, under section 15 (1) of those rules, of the type approval pathway for the type of vehicle; and