sch.1-sec.25Partial exemption for personally imported vehicles

sch.1-sec.25 Partial exemption for personally imported vehicles

A personally imported vehicle must be fitted with— seatbelts that are at least as effective as seatbelts that meet an Australian Standard or British Standard for seatbelts as in force 1 September 2010; and seatbelt anchorages that meet the number and location requirements of second edition ADR 5a or 5b or third edition ADR 5; and child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and head restraints that meet the number, location and size requirements of second edition ADR 22 or third edition ADR 22. However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subsection (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type. A personally imported vehicle need not otherwise comply with an ADR applied by section 21 (1) or 22 (1) . In this section— personally imported vehicle means a vehicle built after 1968 that is imported into Australia by a person who— before the vehicle was imported into Australia, owned and used the vehicle for a continuous period of at least— if the vehicle was owned by the person before 9 May 2000—3 months; or otherwise—1 year; and has— if the vehicle was imported before the repeal of the repealed Motor Vehicle Standards Act 1989 (Cwlth) —undertaken to comply with any requirements relating to road safety imposed for the vehicle under the repealed Motor Vehicle Standards Regulations 1989 (Cwlth) ; or if the vehicle is imported during the transitional period under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) —undertaken to comply with any requirements relating to road safety applying to the vehicle under that Act; or otherwise—complied with the rules made under the Road Vehicle Standards Act 2018 (Cwlth) in relation to the vehicle. Paragraph (b) (ii) of this definition is an additional Queensland provision. (sch.1-sec.25-ssec.1) A personally imported vehicle must be fitted with— seatbelts that are at least as effective as seatbelts that meet an Australian Standard or British Standard for seatbelts as in force 1 September 2010; and seatbelt anchorages that meet the number and location requirements of second edition ADR 5a or 5b or third edition ADR 5; and child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and head restraints that meet the number, location and size requirements of second edition ADR 22 or third edition ADR 22. (sch.1-sec.25-ssec.2) However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subsection (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type. (sch.1-sec.25-ssec.3) A personally imported vehicle need not otherwise comply with an ADR applied by section 21 (1) or 22 (1) . (sch.1-sec.25-ssec.4) In this section— personally imported vehicle means a vehicle built after 1968 that is imported into Australia by a person who— before the vehicle was imported into Australia, owned and used the vehicle for a continuous period of at least— if the vehicle was owned by the person before 9 May 2000—3 months; or otherwise—1 year; and has— if the vehicle was imported before the repeal of the repealed Motor Vehicle Standards Act 1989 (Cwlth) —undertaken to comply with any requirements relating to road safety imposed for the vehicle under the repealed Motor Vehicle Standards Regulations 1989 (Cwlth) ; or if the vehicle is imported during the transitional period under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) —undertaken to comply with any requirements relating to road safety applying to the vehicle under that Act; or otherwise—complied with the rules made under the Road Vehicle Standards Act 2018 (Cwlth) in relation to the vehicle. Paragraph (b) (ii) of this definition is an additional Queensland provision.

• (a) seatbelts that are at least as effective as seatbelts that meet an Australian Standard or British Standard for seatbelts as in force 1 September 2010; and
• (b) seatbelt anchorages that meet the number and location requirements of second edition ADR 5a or 5b or third edition ADR 5; and
• (c) child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and
• (d) head restraints that meet the number, location and size requirements of second edition ADR 22 or third edition ADR 22.
• (a) before the vehicle was imported into Australia, owned and used the vehicle for a continuous period of at least— (i) if the vehicle was owned by the person before 9 May 2000—3 months; or (ii) otherwise—1 year; and
• (i) if the vehicle was owned by the person before 9 May 2000—3 months; or
• (ii) otherwise—1 year; and
• (b) has— (i) if the vehicle was imported before the repeal of the repealed Motor Vehicle Standards Act 1989 (Cwlth) —undertaken to comply with any requirements relating to road safety imposed for the vehicle under the repealed Motor Vehicle Standards Regulations 1989 (Cwlth) ; or (ii) if the vehicle is imported during the transitional period under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) —undertaken to comply with any requirements relating to road safety applying to the vehicle under that Act; or (iii) otherwise—complied with the rules made under the Road Vehicle Standards Act 2018 (Cwlth) in relation to the vehicle. Note— Paragraph (b) (ii) of this definition is an additional Queensland provision.
• (i) if the vehicle was imported before the repeal of the repealed Motor Vehicle Standards Act 1989 (Cwlth) —undertaken to comply with any requirements relating to road safety imposed for the vehicle under the repealed Motor Vehicle Standards Regulations 1989 (Cwlth) ; or
• (ii) if the vehicle is imported during the transitional period under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) —undertaken to comply with any requirements relating to road safety applying to the vehicle under that Act; or
• (iii) otherwise—complied with the rules made under the Road Vehicle Standards Act 2018 (Cwlth) in relation to the vehicle.
• (i) if the vehicle was owned by the person before 9 May 2000—3 months; or
• (ii) otherwise—1 year; and
• (i) if the vehicle was imported before the repeal of the repealed Motor Vehicle Standards Act 1989 (Cwlth) —undertaken to comply with any requirements relating to road safety imposed for the vehicle under the repealed Motor Vehicle Standards Regulations 1989 (Cwlth) ; or
• (ii) if the vehicle is imported during the transitional period under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth) —undertaken to comply with any requirements relating to road safety applying to the vehicle under that Act; or