An Act to provide for national
motor vehicle standards, and for related purposes
Part 1—Preliminary
1
Short title [see Note 1]
This Act may be cited as the Motor
Vehicle Standards Act 1989.
2
Commencement [see
Note 1]
(1) Sections 1 and 2 commence on the day
on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the
remaining provisions of this Act commence on a day or days to be fixed by
Proclamation.
(3) If a provision referred to in subsection (2)
does not commence under that subsection before 1 September 1989, it commences on that day.
3
Objects of Act
The main objects of this Act are:
(a) to achieve uniform vehicle
standards to apply to new vehicles when they begin to be used in transport in Australia;
and
(b) to regulate the first supply to
the market of used imported vehicles.
4
Operation of Act
(1) Without prejudice to its effect apart
from this section, this Act also has, by force of this section, the effect it
would have if the references in sections 12, 13G, 14 and 16 to a person
were, by express provision, confined to a corporation.
(2) Parts 2 and 3 are enacted solely for
the purposes of Part 4.
4A
Application of the Criminal Code
Chapter 2 (except Part 2.5) of
the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code
sets out the general principles of criminal responsibility.
5
Interpretation
(1) In this Act, unless the contrary
intention appears:
Associate Administrator means an Associate
Administrator of Vehicle Standards referred to in section 22.
Administrator means the Administrator of
Vehicle Standards referred to in section 22.
Australia does not include:
(a) the Territory of Christmas Island;
or
(b) the Territory of Cocos (Keeling) Islands.
component includes an assembly.
corporation means:
(a) a foreign corporation within the
meaning of paragraph 51(xx) of the Constitution; or
(b) a trading or financial corporation
formed within the limits of the Commonwealth, within the meaning of that
paragraph; or
(c) a
corporation that is controlled by a corporation referred to in paragraph (a)
or (b);
and includes a partnership at least one of the partners in
which is a corporation.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
export vehicle means a locally made vehicle
that is to be exported from Australia without having been used in transport in Australia.
identification plate means a plate declaring
the status of a road vehicle in relation to the national standards and approved
to be placed on vehicles of that type or description under procedures and
arrangements provided for in subsection 10(1).
import, in relation to a road vehicle or
vehicle component, means do an act which constitutes importation of the vehicle
or component for the purposes of the Customs Act 1901.
imported vehicle means a road vehicle
imported on or after 1 July 1989.
locally made vehicle means a road vehicle in
whose manufacture at least the last step was carried out in Australia, but does
not include a road vehicle (if any) in whose manufacture none of the steps was
carried out in Australia by a corporation.
manufacture, in relation to a road vehicle,
includes modify the vehicle and assemble the vehicle.
motor vehicle means a vehicle that uses, or
is designed to use, volatile spirit, gas, oil, electricity or any other power
(not being human or animal power) as the principal means of propulsion, but
does not include a vehicle used on a railway or tramway.
national standard means a vehicle standard
determined under section 7.
new imported vehicle means an imported
vehicle that has not been used in transport outside Australia.
new vehicle means a locally made vehicle, or
a new imported vehicle, that has been neither:
(a) supplied to the market; nor
(b) used
in transport in Australia by its manufacturer or importer;
and includes a locally made vehicle, or a new imported
vehicle, that has been supplied to the market but not yet used in transport in Australia.
nonstandard, in relation to a road vehicle or
a vehicle component, means not complying with the national standards and not
taken to comply with the national standards by virtue of an approval given
under subsection 10A(2).
placement, in relation to an identification
plate, includes the engraving, or other like process, of information that would
otherwise be contained on the plate.
plate includes mark.
premises includes:
(a) a structure, building, aircraft,
vehicle or vessel; and
(b) land or a place (whether enclosed
or built upon or not); and
(c) a part of premises (including
premises of a kind referred to in paragraph (a) or (b)).
registered automotive workshop means a
corporation in respect of which an approval is in force under section 21B.
road motor vehicle means:
(a) a motor vehicle designed solely or
principally for the transport on public roads of people, animals or goods; or
(b) a motor vehicle that is permitted
to be used on public roads.
road trailer means:
(a) a vehicle without motive power
designed for attachment to a road motor vehicle; or
(b) a piece of machinery or equipment
that is equipped with wheels and designed to be towed behind a road motor
vehicle.
road vehicle means:
(a) a road motor vehicle; or
(b) a road trailer; or
(c) a
partly completed road motor vehicle;
but does not include vehicles which the Minister has
determined, under section 5B, are not road vehicles.
standard vehicle means a new vehicle that
complies with the national standards, or which is taken to comply with the
national standards by virtue of an approval given under subsection 10A(2), but
does not include an export vehicle.
supply to the market, in relation to a road
vehicle, means deliver the vehicle to a person for use in transport in Australia.
use means:
(a) in relation to a road motor
vehicle—drive; or
(b) in relation to a road trailer—have
attached to, or towed by, a road motor vehicle that is being driven.
used import plate, in relation to a used
imported vehicle, means a plate approved to be placed on the vehicle by an
approval in force under section 13D.
used imported vehicle means an imported
vehicle that has been used in transport outside Australia.
use in transport, in relation to a road
vehicle, means use the vehicle on a public road otherwise than:
(a) to move it in order to:
(i) have work done on it;
or
(ii) have it registered
under a law; or
(iii) protect it; or
(b) for a prescribed purpose.
vehicle component means a component to be
used in the manufacture of a road vehicle, and includes a component of such a
component.
vehicle standard means a standard for road
vehicles or vehicle components that is designed to:
(a) make road vehicles safe to use; or
(b) control the emission of gas,
particles or noise from road vehicles; or
(c) secure road vehicles against
theft; or
(d) promote the saving of energy.
5A
Meaning of vehicle
A reference in this Act to a vehicle
is to be taken as including a type or class of vehicles, unless otherwise
specified.
5B
Determinations with respect to road vehicles
(1) The Minister may, by legislative
instrument, determine that vehicles of a particular class or description are
not road vehicles for the purposes of this Act or of a specified provision of
this Act.
(2) The Minister may declare, in writing,
that a vehicle is not a road vehicle for the purposes of this Act or of a
specified provision of this Act.
(4) Declarations under subsection (2):
(a) are not legislative instruments;
and
(b) are notifiable by publication in
the Gazette.
6 Act
to bind Crown
This Act binds the Crown in right of the
Commonwealth, of each of the States, of the Australian Capital Territory and of
the Northern Territory, but nothing in this Act renders the Crown liable to be
prosecuted for an offence.
6A
Application of the Criminal Code
Chapter 2 of the Criminal Code
applies to offences against the following provisions of this Act:
(a) subsection 10A(6);
(b) subsection 13D(6);
(c) section 13G;
(d) subsections 16(1) and (7);
(e) subsection 21D(2).
Part 2—National standards
7
Minister may determine vehicle standards
The Minister may, by legislative
instrument, determine vehicle standards for road vehicles or vehicle
components.
Note: Part 6 of the Legislative Instruments
Act 2003, which deals with sunsetting of legislative instruments, does not
apply to a determination under this section (see item 24 of the table in
subsection 54(2) of that Act).
7A
Incorporation of documents setting out standards
In determining vehicle standards, the
Minister may incorporate documents that set out standards:
(a) produced by the Economic
Commission for Europe, the International Electrotechnical Commission, the
International Organization for Standardization or Standards Australia
International Limited or by any other organisation that is determined, by
legislative instrument, by the Minister; and
(b) in force from time to time.
8
Consultations before determinations
Before determining national standards,
the Minister may consult with:
(a) relevant State or Territory
authorities; or
(b) persons or organisations involved
in the road vehicle industry; or
(c) organisations representing road
vehicle users.
9
Procedures for testing vehicles
The Minister may, by legislative
instrument, determine procedures and arrangements for determining whether road
vehicles or vehicle components comply with this Act, being procedures relating
to:
(a) the testing and inspection of road
vehicles or vehicle components; or
(b) the inspection of steps in the
manufacture of road vehicles or vehicle components; or
(ba) the testing and inspection of
materials, machinery, appliances, articles or facilities used in the
manufacture of road vehicles or vehicle components; or
(c) the operation of facilities used
in the carrying out of any testing and inspection referred to in paragraph (a),
(b) or (ba) and the assessment of those facilities by inspectors appointed
under section 25; or
(d) the keeping of records relating to
the manufacture, testing or inspection of road vehicles or vehicle components
and the examination of those records by inspectors appointed under section 25.
Note: Part 6 of the Legislative Instruments
Act 2003, which deals with sunsetting of legislative instruments, does not
apply to a determination under this section (see item 24 of the table in
subsection 54(2) of that Act).
Part 3—Certification and approval
Division 1—Identification plates
10
Type identification plates
(1) The Minister may determine, from time to
time, procedures and arrangements for the placement of plates on road vehicles
or vehicle components if approval has been given under subsection 10A(1), (2)
or (3) for plates to be placed on the vehicles or vehicle components.
(2) Without limiting the generality of subsection (1),
the Minister may determine procedures and arrangements in relation to
identification plates, including procedures and arrangements with respect to:
(a) the categories of identification
plates to be utilised; and
(b) the content, form and function of
identification plates; and
(c) the nature, content, sources and
format of evidence to be presented to establish whether, and to what extent, a
road vehicle or vehicle component complies with the national standards; and
(d) the analysis, verification and
supplementation of such evidence; and
(e) the manner in which partly
completed road vehicles are to be provided for; and
(f) the manufacture and supply of
identification plates; and
(g) the placement of identification
plates; and
(h) the retention of records and
information relevant to applications for, and the giving of, approvals under
section 10A.
(3) A determination under this section is a
legislative instrument.
10A
Approval for the placement of identification plates
(1) If new vehicles of a particular type, or
vehicle components of a particular type, comply with the national standards,
the Minister must give written approval for identification plates to be placed
on vehicles or components of that type.
(2) If:
(a) new vehicles of a particular type,
or vehicle components of a particular type, do not comply with the national
standards; but
(b) the
Minister is satisfied that such noncompliance is only in minor and
inconsequential respects;
the Minister may give written approval for identification
plates to be placed on vehicles or components of that type.
(3) If:
(a) new vehicles of a particular type:
(i) are covered by an
entry in the Register referred to in section 21; or
(ii) are prescribed by the
regulations for the purposes of this subparagraph; and
(b) the vehicles of that type do not
comply with the national standards; and
(c) the Minister is satisfied that the
non‑compliance is not only in minor and inconsequential respects; and
(d) the Minister is satisfied that the
vehicles of that type comply with the national standards to an extent that
makes them suitable for supply to the market;
the Minister may give written approval for identification
plates to be placed on vehicles of that type.
(4) An approval under subsection (1),
(2) or (3) may be subject to written conditions determined by the Minister.
(5) In relation to an approval under subsection (3),
those conditions may include a condition that the holder not place more than a
specified number of identification plates on a specified class of vehicles
during a specified period.
(6) If:
(a) the holder of an approval under subsection (1),
(2) or (3) intentionally takes an action or omits to take an action; and
(b) the action or omission contravenes
a condition of the approval; and
(c) the holder knows that the action
or omission contravenes the condition or is reckless as to whether or not the
action or omission contravenes the condition;
the holder is guilty of an offence punishable, on
conviction, by a fine not exceeding 60 penalty units.
10B
Notification that approval has been given
(1) If the Minister:
(a) gives approval for the placement
of identification plates on new vehicles, or on vehicle components, under
subsection 10A(1); and
(b) that
approval is given subject to conditions determined under subsection 10A(4);
the Minister must provide, to the person to whom the
approval is given, a statement specifying the conditions to be met.
(2) If the Minister:
(a) gives approval for the placement
of identification plates on new vehicles under subsection 10A(2) or (3) or on
vehicle components under subsection 10A(2); and
(b) that
approval is given subject to conditions determined under subsection 10A(4);
the Minister must provide, to the person to whom the
approval is given, a statement specifying:
(c) the national standard or standards
with which the vehicle or the component does not comply; and
(d) the conditions to be met; and
(e) the reasons for the imposition of
those conditions.
(3) An approval given under subsection
10A(1), (2) or (3) must specify the subsection under which the approval was
given and that the approval is a matter of public record.
(4) An identification plate placed on a new
vehicle by virtue of an approval given under subsection 10A(3) must specify
that:
(a) the vehicle is the nonstandard
vehicle; and
(b) use of the vehicle may be subject
to conditions, including conditions stated on the plate.
11
Withdrawal of identification plate approval
(1) Where:
(a) a person is approved under this
Act to place identification plates on road vehicles of a type specified in the
approval; and
(b) the Minister is satisfied:
(i) that the person has
placed an identification plate on a road vehicle or any other vehicle otherwise
than in accordance with arrangements of the kind referred to in section 10;
or
(ii) that the person has
made a false statement for the purpose of avoiding liability for fees payable
under this Act or the regulations in relation to the placing of identification
plates; or
(iii) that the person has
failed, without reasonable excuse, to pay fees payable under this Act or the
regulations in relation to the placing of identification plates; or
(iv) that
the person has failed to observe procedures determined under section 9; or
(v) that the person has
failed to comply with a condition to which his or her approval is subject under
subsection 10A(4);
the Minister may, having regard to all the relevant
circumstances, cancel, suspend or vary the person’s approval to place
identification plates on road vehicles of that type.
(2) Before making a decision under subsection (1),
the Minister is to:
(a) give written notice to the person
of the facts and circumstances that, in the opinion of the Minister, warrant
consideration being given to the cancellation, suspension or variation of the
approval; and
(b) allow the person to show cause,
within such reasonable time as is specified in the notice, why the approval
should not be cancelled, suspended or varied.
(3) The Minister is to give written notice of
a decision under subsection (1) and the grounds for the decision to the
person, and the decision takes effect from the date the notice is given.
12
Offences in relation to identification plates
It is an offence for a person:
(b) to manufacture or supply a device
purporting to be an identification plate; or
(c) to place a device purporting to be
an identification plate on a road vehicle or a vehicle component knowing the
device is not such a plate or reckless as to whether it is such a plate or not;
or
(d) to
place an identification plate on a road vehicle or a vehicle component.
Penalty: 120 penalty units.
13
Vehicles taken to have identification plates
For the purposes of sections 17,
18, 19 and 20, a road vehicle is to be taken to have an identification plate if
approval to place the plate on the vehicle has been given in accordance with
procedures and arrangements determined under section 10.
Division 2—Standard vehicles not to be made nonstandard
13A
Vehicles not to be made nonstandard
(1) Subject to subsection (3), a person
must not do an act that results in the modification of a standard vehicle in a
way that makes it nonstandard.
Penalty: 120 penalty units.
(2) Subject to
subsection (3), a person must not hand over a standard vehicle to a person
for modification, whether by that person or otherwise, in a way that makes it
nonstandard.
Penalty: 120 penalty units.
(3) A person may modify a standard vehicle in
a way that makes it nonstandard, or hand over a new vehicle for such
modification:
(a) in prescribed circumstances; or
(b) with the written approval of the
Minister.
(4) An approval given under subsection (3)
may be subject to written conditions determined by the Minister.
Division 3—Used import plates
13B
Placement of used import plates
(1) The Minister may, by legislative
instrument, determine procedures and arrangements relating to the placement of
used import plates on used imported vehicles.
(2) The procedures and arrangements may
relate to one or more of the following:
(a) the categories of used import
plates to be used;
(b) the content, form and function of
used import plates;
(c) the nature, content and sources
and form of evidence to be presented to establish to what extent a road vehicle
complies with the national standards;
(d) the analysis, verification and
supplementation of that evidence;
(e) the manufacture and supply of used
import plates;
(f) the placement of used import
plates;
(g) the retention of records and
information relevant to applications for, and the giving of, approvals under
section 13D.
(3) Subsection (2) does not limit subsection (1).
13C
Application for approval to place a used import plate
(1) A registered automotive workshop may
apply to the Minister for an approval to place a plate on a used imported
vehicle.
(2) The application must be made in
accordance with the regulations and can only be made in respect of a single
used imported vehicle.
Further information
(3) The Minister may, by writing, request the
applicant to give the Minister, within the period specified in the request,
further information about the application.
(4) The Minister may refuse to consider the
application until the applicant gives the Minister the information in
accordance with the request.
13D
Grant of approval
Grant
(1) The Minister may, by writing, grant a
registered automotive workshop an approval to place a plate on a used imported
vehicle if, having regard to a report in relation to the vehicle that is given
to the Minister by the workshop, the Minister is satisfied that it is
appropriate to grant the approval.
Determinations
(2) A report referred to in subsection (1)
must be in such form, and contain such information, as is determined, by
legislative instrument, by the Minister.
(3) The Minister must, by legislative
instrument, determine guidelines that apply to the making of decisions under subsection (1).
The Minister must comply with these guidelines in making such decisions.
Approval a matter of public record
(4) An approval under subsection (1)
must specify that it is a matter of public record.
Conditions of approval
(5) An approval under subsection (1) is
subject to any conditions specified in the approval.
Breach of conditions
(6) The holder of an approval under subsection (1)
is guilty of an offence if:
(a) the holder intentionally takes an
action or omits to take an action; and
(b) the action or omission contravenes
a condition of the approval; and
(c) the holder knows that the action
or omission contravenes the condition or is reckless as to whether or not the
action or omission contravenes the condition.
Penalty: 60 penalty units.
Refusal
(7) If the Minister refuses to grant the
approval, the Minister must give written notice of the refusal to the workshop.
The notice must include a statement of the reasons why the approval was
refused.
13E
Number limits on placement of used import plates
The regulations may provide that the
number of used import plates that a registered automotive workshop may be
approved, under subsection 13D(1), to place on used imported vehicles of a
specified class during a specified period must not exceed a specified number.
13F
Variation, cancellation or suspension of approval
(1) The Minister may vary, cancel or suspend
an approval that a registered automotive workshop holds under subsection 13D(1)
if the Minister is satisfied that:
(a) the workshop has placed the used
import plate on the used imported vehicle otherwise than in accordance with the
procedures and arrangements referred to in section 13B; or
(b) the workshop has made a false or
misleading statement in the application for the approval; or
(c) the workshop has failed to observe
procedures and arrangements determined under section 9; or
(d) the workshop has contravened a
condition of the approval.
Procedure
(2) If the Minister considers that there may
be grounds to vary, cancel or suspend the approval, the Minister must:
(a) give the workshop written notice
of the Minister’s opinion specifying the reasons for that opinion; and
(b) invite the workshop to make a
written submission to the Minister about the matter within a reasonable period
specified in the notice.
(3) In deciding whether to vary, cancel or
suspend the approval, the Minister must consider the matters raised in any
submission received within the period specified in the notice.
Effect of suspension
(4) If the approval is suspended, it ceases to
be in force while suspended. It may be cancelled or varied even while it is
suspended.
Notice
(5) The Minister must give the workshop
written notice of a decision under subsection (1) specifying the reasons
for the decision. The decision takes effect:
(a) on the day on which it is made; or
(b) if the notice specifies a later
day as the day on which the decision takes effect—on that later day.
13G
Offence in relation to the placement of used import plates
A person is guilty of an offence if the
person:
(a) manufactures or supplies a device
purporting to be a used import plate and the person has not been authorised
under an agreement between the Commonwealth and the person to manufacture and
supply used import plates; or
(b) places a device purporting to be a
used import plate on a road vehicle; or
(c) places a used import plate on a
road vehicle in relation to which no approval for the placement of that plate
on that vehicle is in force.
Penalty: 120 penalty units.
Part 4—Supply and importation of vehicles
Division 1—Supply of new vehicles etc.
14
Nonstandard vehicles not to be supplied to market
(1) Subject to section 14A, a person
must not supply to the market a new vehicle that:
(a) is nonstandard; or
(b) does
not have an identification plate.
Penalty: 120 penalty units.
14A
Supply of nonstandard vehicles
(1) A person may supply to the market a
vehicle to which section 14 applies:
(a) in prescribed circumstances; or
(b) with the written approval of the
Minister.
(2) An approval given under subsection (1)
may be subject to written conditions determined by the Minister.
14B No
requirement to comply with certain standards
(1) A person may supply a new vehicle to the
market even though it does not comply with a local standard.
(2) In this section:
local standard means a vehicle standard for
new vehicles, other than a national standard, purported to be required by a law
of a State or Territory.
15
Nonstandard vehicles not to be used by manufacturers
(1) Subject to subsection (2), a corporation
that manufactured a new vehicle that:
(a) is nonstandard; or
(b) does
not have an identification plate;
must not use the vehicle in
transport in Australia.
Penalty: 120 penalty units.
(2) A corporation that manufactured a vehicle
to which subsection (1) applies may use the vehicle in transport in Australia:
(a) in prescribed circumstances; or
(b) with the written approval of the
Minister, which may be approval subject to written conditions determined by the
Minister.
Division 2—Supply of used imported vehicles
16
Supply of used imported vehicles
Supply offence
(1) A person is guilty of an offence if:
(a) the person supplies to the market
a used imported vehicle; and
(b) the vehicle does not have a used
import plate; and
(c) the vehicle has not previously
been supplied to the market; and
(d) the supply is not made in
circumstances prescribed by the regulations; and
(e) the supply is not made with the
approval of the Minister under subsection (2).
Penalty: 120 penalty units.
Application for approval
(2) The Minister may, by writing, grant a
person an approval to supply to the market a used imported vehicle that does
not have a used import plate.
(3) An application for such an approval must
be made in accordance with the regulations. The application can only be made in
respect of a single used imported vehicle.
(4) The Minister may, by writing, request the
applicant to give the Minister, within the period specified in the request,
further information about the application.
(5) The Minister may refuse to consider the
application until the applicant gives the Minister the information in
accordance with the request.
Approval subject to conditions
(6) An approval under subsection (2) is
subject to any conditions specified in the approval.
Breach of conditions
(7) If:
(a) the holder of an approval under subsection (2)
intentionally takes an action or omits to take an action; and
(b) the action or omission contravenes
a condition of the approval; and
(c) the holder knows that the action
or omission contravenes the condition or is reckless as to whether or not the
action or omission contravenes the condition;
the holder is guilty of an offence punishable, on
conviction, by a fine not exceeding 60 penalty units.
16A
Variation, cancellation or suspension of approval
(1) The Minister may vary, cancel or suspend
an approval that a person holds under subsection 16(2):
(a) if the Minister is satisfied that
the person has contravened a condition of the approval; or
(b) if the Minister is satisfied that
the person has made a false or misleading statement in the application for the
approval; or
(c) in any other circumstances that
the Minister considers appropriate.
Procedure
(2) If the Minister considers that there may
be grounds to vary, cancel or suspend the approval, the Minister must:
(a) give the person written notice of
the Minister’s opinion specifying the reasons for that opinion; and
(b) invite the person to make a
written submission to the Minister about the matter within a reasonable period
specified in the notice.
(3) In deciding whether to vary, cancel or
suspend the approval, the Minister must consider the matters raised in any
submission received within the period specified in the notice.
Effect of suspension
(4) If the approval is suspended, it ceases
to be in force while suspended. It may be cancelled or varied even while it is
suspended.
Notice
(5) The Minister must give the person written
notice of a decision under subsection (1) specifying the reasons for the
decision. The decision takes effect:
(a) on the day on which it is made; or
(b) if the notice specifies a later
day as the day on which the decision takes effect—on that later day.
Division 3—Import of new and used vehicles
17
Importation of road vehicles subject to conditions
(1) The importation of a road vehicle that:
(a) complies with the national
standards; and
(b) has
an identification plate;
is subject to the following conditions:
(c) the importer will do all things
reasonable and necessary to ensure that, when the vehicle is supplied to the
market, it:
(i) still complies with
the national standards; and
(ii) still has an
identification plate;
(d) the importer will not modify the
vehicle in a way that makes it nonstandard;
(e) the importer will not hand over
the vehicle to another person for modification, whether by that other person or
otherwise, in a way that makes it nonstandard.
(2) A person commits an offence if:
(a) the person is subject to a
condition under subsection (1); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes
the condition.
Penalty: 120 penalty units.
(2A) Strict liability applies to paragraph (2)(a).
Note: For strict liability, see
section 6.1 of the Criminal Code.
17A
Authority to take delivery of imported vehicles
(1) An authority to deal with an imported
road vehicle under the Customs Act 1901 is subject to the condition that
an approval under this section for the importer to take delivery of the vehicle
is given by the Minister or an officer of the Department authorised in writing
by the Minister to give approvals under this section.
(2) An approval under this section must be
granted if the importer produces to the Minister or to such an officer:
(a) if the vehicle has an
identification plate—details of the plate; or
(b) in any other case—a copy of the
approval under section 19, or under regulations referred to in subsection
20(3), in respect of the vehicle.
18
Prohibition of importation of nonstandard vehicles etc.
(1) Subject to sections 19 and 20, a
person must not import a road vehicle that:
(a) is nonstandard; or
(b) does
not have an identification plate.
Penalty: 120 penalty units.
(2) Subject to
sections 19 and 20, a person must not import a nonstandard prescribed
vehicle component.
Penalty: 60 penalty units.
19
Importation of vehicles requiring modification
(1) A person may import a nonstandard road
vehicle, a road vehicle that does not have an identification plate or a
nonstandard prescribed vehicle component with the written approval of the
Minister, which may be approval subject to written conditions determined by the
Minister.
(2) A person commits an offence if:
(a) the Minister grants an approval to
the person under subsection (1) subject to conditions; and
(b) the person engages in conduct; and
(c) the person’s conduct results in
the contravention of a condition of that approval.
Penalty: 60 penalty units.
20
Approval to import certain nonstandard vehicles
(1) A person
may import a nonstandard road vehicle or a road vehicle that does not have an
identification plate:
(a) where the vehicle is to be
exported from Australia (with or without further work being done on it) without
having been used in transport in Australia; or
(b) in prescribed circumstances.
(2) A person may import a nonstandard
prescribed vehicle component:
(a) where it is to be used in the
manufacture of an export vehicle; or
(b) in prescribed circumstances.
(3) Regulations for the purposes of paragraph (1)(b)
or (2)(b) may provide for the importation, whether generally or in specified
circumstances, of a road vehicle, or a vehicle component, as the case may be:
(a) with the written approval of the
Minister; or
(b) with such approval subject to
written conditions determined by the Minister.
(3A) The regulations may provide that the number
of used vehicles of a specified class that a specified person may be approved
to import during a specified period must not exceed a specified number.
(3B) For the purposes of subsection (3A), used
vehicle means a road vehicle that has been used in transport outside Australia.
(4) A person commits an offence if:
(a) an approval granted to the person
under regulations for the purposes of paragraph (1)(b) or (2)(b) is
subject to conditions as mentioned in paragraph (3)(b); and
(b) the person engages in conduct; and
(c) the person’s conduct results in
the contravention of a condition of that approval.
Penalty: 60 penalty units.
Division 4—Register of Specialist and Enthusiast Vehicles
21
Register of Specialist and Enthusiast Vehicles
(1) The regulations may make provision for
and in relation to the Minister keeping a Register of Specialist and Enthusiast
Vehicles.
(2) The regulations may provide for any one
or more of the following:
(a) the form in which the Register is
to be kept;
(b) the procedures to be followed
before road vehicles may be entered on the Register (which may require the
making of applications);
(c) the criteria to be satisfied
before road vehicles may be entered on the Register;
(d) the inspection of the Register;
(e) the procedures to be followed for
removing road vehicles from the Register;
(f) the transitional arrangements
that are to apply if road vehicles are removed from the Register;
(g) the notification of decisions made
under the regulations;
(h) the review of decisions made under
the regulations.
(3) Subsection (2) does not limit subsection (1).
