1 Name of Regulations [see Note 1]
These Regulations are the Motor Vehicle Standards Regulations 1989.
2 Commencement
These Regulations commence on 1 August 1989.
3 Interpretation
In these Regulations, unless the contrary intention appears:
approved form means a form approved by the Minister for the purposes of the provision in which the expression is used.
the Act means the Motor Vehicle Standards Act 1989.
5 Applications and authority for road vehicle compliance plates — section 10 of the Act
(1) Application may be made to the Minister for authority to place a compliance plate on a road vehicle, or on road vehicles of a particular type, specified in the application.
(2) An application must be in accordance with the approved form and must be accompanied by information, including any information that would indicate compliance with any relevant procedures determined under section 9 of the Act, sufficient to establish whether the road vehicle, or each road vehicle of a particular type, complies with the national standards.
(3) Application may be made under subregulation (1) to vary an application under that subregulation.
(4) In the case of an application in respect of a single road vehicle, if the vehicle complies with the national standards the Minister must authorise the placing of a compliance plate on that vehicle.
(5) In the case of an application in respect of road vehicles of a particular type, if road vehicles of that type comply with the national standards the Minister may authorise the placing of compliance plates on vehicles of that type.
(5A) If an application in respect of road vehicles of a particular type is not accompanied by information that would indicate compliance with any relevant procedures determined under section 9 of the Act, sufficient to establish whether each road vehicle of that type complies with the national standards, the Minister may nevertheless authorise the placing of compliance plates on vehicles of that type if the Minister is satisfied:
(a) that road vehicles of that type are not supplied to the market in substantial numbers; and
(b) that the application is accompanied by information sufficient to establish that vehicles of that type comply with the national standards.
(5B) The Minister may specify as a condition of an authority given to a person under subregulation (5A) the total number of road vehicles on which the person may place compliance plates in any one year.
(5C) An authority under subregulation (5) or (5A) given to a person in respect of road vehicles of a particular type does not authorise that person to place a compliance plate on a nonstandard road vehicle of that type.
(6) Where a road vehicle upon which a compliance plate is placed is altered, whether or not, as altered, it is required to comply with additional national standards, the Minister may require a further application under subregulation (1) to be made in respect of that vehicle and may authorise the applicant to place a further compliance plate on the vehicle.
(7) An authority under subregulation (4), (5), (5A) or (6) may be subject to written conditions determined by the Minister, being conditions in relation to:
(a) the placing of a compliance plate on a vehicle; or
(b) any other matter that is relevant to indicating whether a vehicle complies with the national standards.
(8) Where, in respect of a road vehicle, a condition of an authority under subregulation (4), (5), (5A) or (6) is not complied with, the person to whom the authority was given is to be regarded as having placed a compliance plate on the vehicle otherwise than in accordance with the arrangements made under section 10 of the Act.
6 Placing of compliance plates on road vehicles during manufacture
Where:
(a) it is intended that a partly assembled road vehicle will, upon its complete assembly, be a vehicle of a type on which a person is authorised to place compliance plates; and
(b) the Minister so approves in respect of vehicles of that type;
a compliance plate may, as part of the manufacturing process, be placed on that partly assembled vehicle.
7 Inspection of vehicles
(1) A person to whom an authority to place compliance plates on road vehicles of a particular type has been given must, at the request of the Minister, before the first vehicle of that type is supplied to the market, make available to the Minister for inspection and testing a vehicle of that type.
(2) If:
(a) the Minister has, under subregulation (1) requested that a road vehicle of a particular type be made available for inspection and testing; and
(b) the person to whom the request is made fails to make such a vehicle available for inspection and testing before the first such vehicle is supplied to the market;
the person is to be regarded as having placed a compliance plate otherwise than in accordance with the arrangements made under section 10 of the Act on each such vehicle supplied to the market.
8 Nonstandard road vehicles — prescribed circumstance relating to identification plates
(1) In respect of a road vehicle that does not comply with the national standards, the Minister, after taking into account:
(a) the nature of the non-compliance; and
(b) the ease with which it can be rectified; and
(c) whether circumstances exist that would make it reasonable for the Minister to do so;
may, upon application by a person in accordance with the approved form, authorise the placing of an identification plate, in such form and containing such information as the Minister determines, on the vehicle.
(2) Where the Minister has, under subregulation (1), authorised the placing of an identification plate on a vehicle, that is a prescribed circumstance for the purposes of paragraphs 14 (2) (a) and 15 (2) (a) of the Act.
9 Approval to import vehicles without compliance plates
For the purposes of section 20 (1) (b) of the Act, a person may import a nonstandard road vehicle or a road vehicle that does not have a compliance plate if the Minister has approved an application by the person to import the vehicle.
9A Applications for approval to import vehicles without compliance plates
A person may apply to the Minister for approval to import a nonstandard road vehicle or a road vehicle that does not have a compliance plate.
9B Minister’s approval to import vehicles without compliance plates
(1) The Minister may approve an application to import a nonstandard road vehicle or a road vehicle that does not have a compliance plate.
(2) An approval may be given subject to conditions specified in the instrument of approval.
(3) Without limiting the generality of subregulation (2), the Minister may require that an identification plate in such form and containing such information as the Minister determines be placed on the vehicle.
(4) An approval must be given by signed instrument.
9C Approval to import complying vehicle without a compliance plate
The Minister must approve an application to import a road vehicle that complies with the national standards but does not have a compliance plate if:
(a) the vehicle complied with the national standards when it was first manufactured and delivered for use in transport; and
(b) the applicant is of an age that entitles him or her to hold a licence or a permit to drive a road vehicle of that type; and
(c) the applicant has not imported a road vehicle within the year ending on the day on which the vehicle in respect of which the application is made is landed in Australia.
9D Approval to import vehicle without a compliance plate if owned and used by applicant overseas
The Minister must approve an application to import a nonstandard road vehicle or a road vehicle that does not have a compliance plate if:
(a) the vehicle has been owned and used by the applicant for a continuous period of at least:
(i) for a vehicle owned by the applicant on or before 8 May 2000 — 3 months; or
(ii) for a vehicle to which subparagraph (i) does not apply but for which the application is made on or before 8 November 2000 — 3 months; or
(iii) in any other case — 12 months; and
(b) at the time the vehicle is imported, the applicant is:
(i) an Australian citizen or an Australian permanent resident; or
(ii) a person who has applied to become an Australian citizen or an Australian permanent resident; and
(c) the applicant is of an age that entitles him or her to hold a licence or a permit to drive a road vehicle of that type; and
(d) the applicant undertakes to comply with any requirements as to road safety that are imposed in respect of the vehicle by the Minister; and
(e) the applicant has not imported a road vehicle owned by him within the year ending on the day on which the vehicle in respect of which the application is made is landed in Australia
9E Approval to import vehicles of a type for which limited authority for compliance plates is given
Without limiting the generality of subregulation 9B (1), the Minister may approve an application to import a nonstandard road vehicle or a road vehicle that does not have a compliance plate if:
(a) an authority to place compliance plates on vehicles of that type has been given under subregulation 5 (5A); and
(b) either:
(i) the importer of the vehicle is the person to whom the authority has been given; or
(ii) the Minister is satisfied that the importer has entered into binding arrangements with the person to whom the authority has been given to make any modifications to the vehicle that are necessary to ensure that the vehicle complies with the national standards.
9F Approval to import vehicles of a certain age without compliance plates
The Minister must approve an application to import a nonstandard road vehicle or a vehicle that does not have a compliance plate if the vehicle is 15 or more years old.
9G Approval to import vehicles without compliance plates for evaluation, etc
Without limiting the generality of subregulation 9B (1), the Minister may approve an application to import a nonstandard road vehicle or a road vehicle that does not have a compliance plate if he is satisfied that the vehicle:
(a) is to be used for market evaluation and research, or for tests to establish whether vehicles of a particular type comply with national standards for the purpose of making an application under regulation 5 for authority to place a compliance plate on a vehicle or vehicles of that type; or
(b) is to be used in road vehicle racing or rally competition; or
(c) is to be used in providing support to a road vehicle in road vehicle racing or rally competition and has been built, modified or adapted for that purpose; or
(d) is of a type not generally available in Australia and is to be imported primarily for exhibition.
9I Revocation of approval to import
The Minister may revoke an approval to import a vehicle given to a person under regulation 9B, 9C, 9D, 9E, 9F or 9G if the approval was given subject to a condition and the person fails to comply with the condition.
10 Nonstandard road vehicles — prescribed circumstance relating to design
(1) Where:
(a) a road vehicle does not comply with the national standards applicable to it; and
(b) the road vehicle would, if it did comply with those standards, be unable to operate as a road vehicle in the manner or for the purpose in respect of which it was designed; and
(c) the Minister approves, in writing, of the vehicle being supplied to the market, used by a corporation in transport in Australia or imported, as the case may be;
that is a prescribed circumstance for the purpose of paragraph 14 (2) (a), 15 (2) (a) or 20 (1) (b) of the Act, as the case requires.
(2) An approval under paragraph (1) (b) may be subject to written conditions determined by the Minister, being conditions relating to safety or emissions or to the placing of an identification plate on the vehicle.
11 Road trailers not exceeding 4.5 tonnes — prescribed circumstance
Where:
(a) a road trailer has a gross vehicle mass within the meaning of the Interstate Road Transport Regulations that does not exceed 4.5 tonnes; and
(b) the trailer complies with the relevant national standards; and
(c) if the Minister has approved an identification plate in a form and containing such information as the Minister determines in respect of the trailer, or in respect of trailers of that particular type — such an identification plate is placed on the trailer;
that is a prescribed circumstance for the purposes of paragraphs 14 (2) (a), 15 (2) (a), 16 (2) (a) and 20 (1) (b) of the Act.
12 Approval of certain vehicles, components etc as complying with particular national standards
(1) Application may be made to the Minister for approval of:
(a) a vehicle component, being a component that is, or is to be, supplied to the market for the manufacture of a new vehicle; or
(b) a road vehicle; or
(c) a partly assembled road vehicle;
being an approval that states that the component, road vehicle or partly assembled road vehicle, as the case requires, complies with particular national standards or relevant parts of particular national standards.
(2) The Minister may, by signed instrument, approve:
(a) a vehicle component that is, or is to be, supplied to the market for the manufacture of a new vehicle; or
(b) a road vehicle; or
(c) a partly assembled road vehicle;
being an approval that states that the component, road vehicle or partly assembled road vehicle, as the case requires, complies with the particular national standards specified in the approval or with relevant parts of particular national standards.
(3) An approval under subregulation (2) may be used to support an application for authority to place a compliance plate on a road vehicle, or on road vehicles of a particular type.
(4) Application may be made to vary an application made under subregulation (1) or an approval under subregulation (2).
(5) An application under subregulation (1) or (4) must be in accordance with an approved form and is to be accompanied by material sufficient to establish compliance with the national standards or relevant parts of national standards in relation to which the application is made.
13 Information to be provided
(1) Where the Minister has authorised a person to place compliance plates on road vehicles of a particular type or has, upon application by a person, approved a vehicle component of a particular type, the Minister may, from time to time, require the person to furnish the Minister with information sufficient to establish whether new vehicles or new components of that type continue to comply with the national standards applicable to them.
(2) A person must comply with a requirement of the Minister under subregulation (1).
Penalty: $1,000.
(3) Where the Minister has authorised a person to place compliance plates on road vehicles of a particular type and:
(a) that person fails to provide information to the Minister under subregulation (1); or
(b) there are reasonable grounds for believing that the road vehicles in respect of which the authority was given are nonstandard;
the person to whom the authority was given is to be regarded as having placed a compliance plate on a vehicle otherwise than in accordance with the arrangements made under section 10 of the Act
14 Fees
There is payable to the Commonwealth in respect of a matter specified in Column 2 of the Schedule in an item in that Schedule the fee specified in Column 3 of that Schedule in that item.
15 Delegation by Minister
The Minister may by signed instrument delegate to the Administrator, or to any other person holding, or performing the duties of, a Senior Executive Service Office within the meaning of the Public Service Act 1922, being an office in the Department, all or any of the Minister’s functions or powers under these Regulations.
16 Saving — approvals given before the commencement of these Regulations
(1) Where, before the commencement of section 10 of the Act, an approval was given by the body known as the Australian Motor Vehicle Certification Board to place compliance plates on a road vehicle, or on road vehicles of a particular type, that approval is to be taken to be an authority given by the Minister under subregulation 5 (4), (5) or (6), as the case requires.
(2) A compliance plate placed on a vehicle under an approval referred to in subregulation (1) is to be regarded as a compliance plate placed on that vehicle under the Act in accordance with these Regulations.
(3) Where, before the commencement of section 10 of the Act, an approval was given by the body known as the Australian Motor Vehicle Certification Board stating that a vehicle component, a road vehicle, or a partly assembled road vehicle complies with particular national standards, that approval is to be taken to be an approval given by the Minister under subregulation 12 (2).