Federal Register of Legislation - Australian Government

Primary content

SR 2003 No. 84 Regulations as made
These Regulations amend the Motor Vehicle Standards Regulations 1989.
Administered by: DOTARS
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR13-May-2003
Tabled Senate13-May-2003
Gazetted 08 May 2003
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014

Motor Vehicle Standards Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 842

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Motor Vehicle Standards Act 1989.

Dated 1 May 2003

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

RON BOSWELL

Parliamentary Secretary to the Minister for Transport and Regional Services


1              Name of Regulations

                These Regulations are the Motor Vehicle Standards Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on 8 May 2003.

3              Amendment of Motor Vehicle Standards Regulations 1989

                Schedule 1 amends the Motor Vehicle Standards Regulations 1989.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 3, definition of schedule of approved vehicles

substitute

schedule of approved vehicles, for a registered automotive workshop, means a schedule setting out the make and model of vehicles that the Minister has approved for the workshop. 

[2]           Regulation 5

substitute

5              Applications for approval to place a used import plate

For subsection 13C (2) of the Act, an application by a registered automotive workshop for an approval to place a used import plate on a used imported vehicle must be in the approved form.

Note   Under subsection 13D (3) of the Act, the Minister must determine guidelines that apply to the making of decisions by the Minister about whether to grant a registered automotive workshop an approval to place a used import plate on a used imported vehicle.  The guidelines may provide that the Minister must not grant a registered automotive workshop an approval to place a plate on a used imported vehicle unless the vehicle meets certain requirements. 

[3]           After regulation 52

insert

52A         Schedule of approved vehicles

         (1)   If the Minister approves a corporation as a registered automotive workshop, the schedule of approved vehicles for the workshop, at the date on which the approval is granted, is taken to include:

                (a)    in relation to road vehicles other than unrestricted volume two-wheeled and three-wheeled vehicles — the vehicle make and model of any sample vehicle for the corporation; and

               (b)    in relation to unrestricted volume two-wheeled and three-wheeled vehicles:

                          (i)    the make and model of any vehicle for which the registered automotive workshop held a transitional approval on 7 May 2003; and

                         (ii)    the make and model of any sample vehicle for the corporation that is of a different make or model from a vehicle mentioned in subparagraph (i).

         (2)   If:

                (a)    a corporation is granted an approval as a registered automotive workshop (a new RAW approval); and

               (b)    the application for approval was made within the period of 6 months after a previous RAW approval granted to that corporation (the previous RAW approval) ceased to be in force;

the schedule of approved vehicles for the workshop is taken, on the day on which the new RAW approval is granted, to be the schedule of approved vehicles for the workshop as it existed on the day on which the previous RAW approval ceased to have effect.

         (3)   In this regulation:

sample vehicle, for a corporation, means:

                (a)    the first vehicle of a make and model approved by the Minister for importation by the corporation:

                          (i)    under subparagraph 18 (1) (b) (ii); or

                         (ii)    if the approval to import was given before 1 April 2002 — under regulation 9B or 9E or paragraph 9G (a) as in force immediately before that date; or

                        (iii)    if the approval to import was given on or after 1 April 2002 but before 8 May 2003 — the first vehicle of a make and model approved by the Minister for importation under regulation 11 as in force immediately before 8 May 2003; or

               (b)    a vehicle approved by the Minister for importation by the corporation under paragraph 18 (2) (c). 

[4]           Regulation 56

omit

[5]           Regulation 57, heading

substitute

57            Conditions of a RAW approval

[6]           Regulations 63, 64 and 65

omit

[7]           Schedule 1

omit

New brake pads/linings and fluid

insert

[In the case where new brake pads/linings are fitted to the vehicle, insert] New brake pads/linings

 

Brake fluid replaced

[8]           Schedule 1

omit

RAW Signatory [insert signature of RAW Signatory]

insert

Vehicle Inspection Signatory [insert name and signature of Vehicle Inspection Signatory]

[9]           Schedule 3

omit

Notes

1.       These Regulations amend Statutory Rules 1989 No. 202, as amended by 1991 Nos. 66 and 330; 1992 No. 222; 1994 No. 23; 2000 No. 194; 2001 No. 350.

2.       Notified in the Commonwealth of Australia Gazette on 8 May 2003.