Federal Register of Legislation - Australian Government

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Regulations as made
This instrument sets charges for various activities connected with the administration of the Road Vehicle Standards Act 2018, including the entry of a vehicle on the Register of Approved Vehicles. The Road Vehicle Standards Charges (Imposition—General) Act 2018 enables the imposition of cost-recovery charges on activities connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 22 Feb 2021
Tabling HistoryDate
Tabled HR23-Feb-2021
Tabled Senate24-Feb-2021

Commonwealth Coat of Arms of Australia

 

Road Vehicle Standards Charges (Imposition—General) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 18 February 2021

David Hurley

Governor‑General

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Simplified outline of this instrument.............................................................................. 1

5............ Definitions..................................................................................................................... 2

Part 2—Charges                                                                                                                                                3

6............ Charge for entry of vehicle on RAV via type approval pathway................................... 3

7............ Charge for entry of vehicle on RAV via concessional RAV entry approval pathway... 3

8............ Charges relating to other matters................................................................................... 4

 


Part 1Preliminary

  

1  Name

                   This instrument is the Road Vehicle Standards Charges (Imposition—General) Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

A single day to be fixed by the Minister by notifiable instrument.

However, if the provisions do not commence before 1 April 2021, they commence on that day.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Road Vehicle Standards Charges (Imposition—General) Act 2018.

4  Simplified outline of this instrument

This instrument prescribes the following:

       (a)     charges in relation to certain matters connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018;

      (b)     exemptions from the prescribed charges.

The prescribed charges are imposed as taxes by section 6 of the Road Vehicle Standards Charges (Imposition—General) Act 2018 and are imposed only so far as the charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.

5  Definitions

                   In this instrument:

Act means the Road Vehicle Standards Charges (Imposition—General) Act 2018.

aggregate trailer mass has the same meaning as in the RVS Rules.

AVV approval has the same meaning as in the RVS Rules.

Note:          AVV is short for authorised vehicle verifier.

bus has the same meaning as in Part 10 of the RVS Rules.

concessional RAV entry approval pathway has the same meaning as in the RVS Rules.

goods vehicle has the same meaning as in Part 10 of the RVS Rules.

modified by the holder of a RAW approval, in relation to a vehicle, means the vehicle has been modified by a corporation that held a RAW approval that was in force at the time of the modification.

passenger vehicle has the same meaning as in Part 10 of the RVS Rules.

RAV has the same meaning as in the Road Vehicle Standards Act 2018.

Note:          RAV is short for Register of Approved Vehicles.

RAW approval has the same meaning as in the RVS Rules.

Note:          RAW is short for registered automotive workshop.

road vehicle has the same meaning as in the Road Vehicle Standards Act 2018.

road vehicle type approval has the same meaning as in the Road Vehicle Standards Act 2018.

RVS Rules means the Road Vehicle Standards Rules 2019.

testing facility approval has the same meaning as in the RVS Rules.

three‑wheeled vehicle has the same meaning as in the RVS Rules.

two‑wheeled vehicle has the same meaning as in the RVS Rules.

type approval pathway has the same meaning as in the RVS Rules.

Part 2Charges

  

6  Charge for entry of vehicle on RAV via type approval pathway

                   For the purposes of subsection 6(1) of the Act, the charge in relation to the entry of a vehicle mentioned in column 1 of an item in the following table on the RAV via the type approval pathway is the amount set out in column 2 of the item.

 

Charges

Item

Column 1
Vehicle

Column 2
Amount ($)

1

Two‑wheeled vehicle or three‑wheeled vehicle

3.50

2

Passenger vehicle

9.00

3

Bus

6.60

4

Goods vehicle

6.60

5

Trailer with an aggregate trailer mass of 4.5 tonnes or less

0.75

6

Trailer with an aggregate trailer mass of more than 4.5 tonnes

4.40

7  Charge for entry of vehicle on RAV via concessional RAV entry approval pathway

                   For the purposes of subsection 6(1) of the Act, the charge in relation to the entry of a vehicle mentioned in column 1 of an item in the following table on the RAV via the concessional RAV entry approval pathway is the amount set out in column 2 of the item.

 

Charges

Item

Column 1
Vehicle

Column 2
Amount ($)

1

Two‑wheeled vehicle, or three‑wheeled vehicle, not modified by the holder of a RAW approval

3.50

2

Bus not modified by the holder of a RAW approval

6.60

3

Goods vehicle not modified by the holder of a RAW approval

6.60

4

Trailer, with an aggregate trailer mass of 4.5 tonnes or less, not modified by the holder of a RAW approval

0.75

5

Trailer, with an aggregate trailer mass of more than 4.5 tonnes, not modified by the holder of a RAW approval

4.40

6

Road vehicle not covered by any of items 1 to 5 (including a passenger vehicle) and not modified by the holder of a RAW approval

9.00

7

Two‑wheeled vehicle, or three‑wheeled vehicle, modified by the holder of a RAW approval

52.80

8

Road vehicle, other than a two‑wheeled vehicle or three‑wheeled vehicle, modified by the holder of a RAW approval

136.50

8  Charges relating to other matters

Charges

             (1)  For the purposes of subsection 6(1) of the Act, the charge in relation to a matter mentioned in column 1 of an item in the following table is the amount set out in column 2 of the item.

 

Charges

Item

Column 1
Matter

Column 2
Amount

1

The granting and ongoing operation of a RAW approval

For each 12 month period for which the approval is expected to be in force—$970

2

The granting and ongoing operation of an AVV approval

For each 12 month period for which the approval is expected to be in force—$970

3

The granting and ongoing operation of a testing facility approval

For each 12 month period for which the approval is expected to be in force—$970

4

The transition of an approval:

(a) for the placement of identification plates; or

(b) to supply nonstandard vehicles;

to a road vehicle type approval as mentioned in subitem 5(1) or 12(1) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018, for which charge is payable for the purposes of paragraph 5(1)(b) or 12(1)(b) of that Schedule

$20

Exemption from charge

             (2)  For the purposes of section 8 of the Act, the charge prescribed by item 3 of the table in subsection (1) is not payable for the first 12 month period for which the testing facility approval is expected to be in force if the application for the approval was made under section 108 of the RVS Rules before 1 July 2021.