Statutory Rules 1992 No. 2221
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Motor Vehicle Standards Regulations 2 (Amendment)
I, THE 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 30 June 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB BROWN
Minister of State for Land Transport
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1. Commencement
1.1 These Regulations commence on 1 July 1992.
2. Amendment
2.1 The Motor Vehicle Standards Regulations are amended as set out in these Regulations.
3. Regulation 5 (Applications and authority for road vehicle compliance plates—section 10 of the Act)
3.1 New subregulations (5A), (5B) and (5C):
After subregulation (5), insert:
“(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.”.
3.2 Subregulation (7):
After “(5)”, insert “,(5A)”.
3.3 Subregulation (8):
After “(5)”, insert “,(5A)”.
4. Regulation 9 (Nonstandard road vehicles—importation)
4.1 Omit the regulation, substitute:
Approval to import vehicles without compliance plates
“9. 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.
Applications for approval to import vehicles without compliance plates
“9A.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.
Minister’s approval to import vehicles without compliance plates
“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.
“(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.
Approval to import complying vehicle without a compliance plate
“9C.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.
Approval to import vehicle without a compliance plate if owned and used by applicant overseas
“9D.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 3 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.
Approval to import vehicles of a type for which limited authority for compliance plates is given
“9E.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 nessessary to ensure that the vehicle complies with the national standards.
Approval to import vehicles of a certain age without compliance plates
“9F.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.
Approval to import vehicles without compliance plates for evaluation, etc.
“9G.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.
Approval to import nonstandard vehicles for dismantling
“9H.Without limiting the generality of subregulation 9B (1), the Minister may approve an application to import a nonstandard road vehicle if the applicant undertakes that the vehicle, when it is imported:
(a) will be dismantled and sold as vehicle components; and
(b) will not be used in transport in Australia.
Revocation of approval to import
“9I. The Minister may revoke an approval to import a vehicle given to a person under regulation 9B, 9C, 9D, 9E, 9F, 9G or 9H if the approval was given subject to a condition and the person fails to comply with the condition.”.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 June 1992.
2. Statutory Rules 1989 No. 202 as amended by 1991 Nos. 66 and 330.