1Short title
This Act is the Road Vehicle Standards Act 2018.
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Bill homepage (APH)This Act is the Road Vehicle Standards Act 2018.
Each provision of this Act 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. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent. | 11 December 2018 |
2. Sections 3 to 14 | The day after this Act receives the Royal Assent. | 11 December 2018 |
3. Sections 15 to 18 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
4. Sections 19 to 21 | The day after this Act receives the Royal Assent. | 11 December 2018 |
5. Section 22 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
6. Section 23 | The day after this Act receives the Royal Assent. | 11 December 2018 |
7. Section 24 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
8. Section 25 | The day after this Act receives the Royal Assent. | 11 December 2018 |
9. Section 26 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
10. Sections 27 and 28 | The day after this Act receives the Royal Assent. | 11 December 2018 |
11. Section 29 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
12. Sections 30 to 37 | The day after this Act receives the Royal Assent. | 11 December 2018 |
13. Sections 38 to 47 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
14. Sections 48 to 74 | The day after this Act receives the Royal Assent. | 11 December 2018 |
15. Sections 75 to 78 | A single day to be fixed by Proclamation. However, if the provisions do not commence before 1 July 2021, they commence on that day. | 1 July 2021 |
16. Sections 79 to 82 | The day after this Act receives the Royal Assent. | 11 December 2018 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act are:
to set nationally consistent performance based standards that road vehicles must comply with before being provided in Australia; and
to provide consumers in Australia with a choice of road vehicles that:
meet safety and environmental expectations of the community; and
use energy conservation technology and anti‑theft technology; and
are able to make use of technological advancements; and
to give effect to Australia’s international obligations to harmonise road vehicle standards.
This Act aims to achieve its objects by:
empowering the Minister to determine national road vehicle standards for road vehicles and road vehicle components; and
prohibiting the importation into Australia of road vehicles that do not comply with national road vehicle standards (except in limited circumstances); and
establishing a Register of Approved Vehicles, on which road vehicles must be entered before they are introduced onto the Australian market; and
establishing a framework for recalling road vehicles and approved road vehicle components that are unsafe or do not comply with national road vehicle standards.
This Act regulates the importation and provision of road vehicles. It also regulates the provision of certain road vehicle components.
Road vehicles and certain road vehicle components must comply with national road vehicle standards set by the Minister, except in limited circumstances.
An approval is required to import a road vehicle into Australia and, generally, vehicles must be entered on the Register of Approved Vehicles before being provided for the first time in Australia.
If a recall notice is issued to a person in relation to road vehicles or approved road vehicle components, due to concerns about safety or non‑compliance with national road vehicle standards, the person must comply with the notice.
To ensure compliance with this Act, the Department has a range of enforcement powers to ensure the most proportionate and effective regulatory response.
This Act also provides for the rules to set out matters to support the regulatory framework of this Act.
In this Act:
1958 Agreement means the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions done at Geneva on 20 March 1958, as amended and in force for Australia from time to time.
The Agreement is in Australian Treaty Series 2000 No. 11 ([2000] ATS 11) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
1998 Agreement means the Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles done at Geneva on 25 June 1998, as amended and in force for Australia from time to time.
The Agreement is in Australian Treaty Series 2008 No. 7 ([2008] ATS 7) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
approved road vehicle component means a road vehicle component to which a road vehicle component type approval applies.
Australia does not include any external Territory.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
cost‑recovery charge means:
a fee prescribed by rules made for the purposes of section 66 for a fee‑bearing activity; or
a charge imposed by:
the Road Vehicle Standards Charges (Imposition—Customs) Act 2018; or
the Road Vehicle Standards Charges (Imposition—Excise) Act 2018; or
the Road Vehicle Standards Charges (Imposition—General) Act 2018; or
a late payment fee relating to a fee or charge described in paragraph (a) or (b).
disclosure notice: see subsection 41(2).
engage in conduct means:
do an act; or
omit to perform an act.
entry pathway: see subsection 15(2).
executive officer of a body corporate means a person (whether or not a director of the body) who is concerned in, or takes part in, the management of the body.
Federal Court means the Federal Court of Australia.
fee‑bearing activities: see section 66.
import, in relation to a road vehicle, means do an act which constitutes importation of the vehicle for the purposes of the Customs Act 1901.
import approval means:
a RAV entry import approval; or
a non‑RAV entry import approval; or
any other import approval granted under the rules.
inspector means a person appointed as an inspector under section 49.
late payment fee: see section 68.
listed corporation has the meaning given by section 9 of the Corporations Act 2001.
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 (other than human or animal power) as the principal means of propulsion; or
more than one of the powers mentioned in paragraph (a) (other than human or animal power) as a means of propulsion;
but does not include a vehicle used exclusively on a railway or tramway.
national road vehicle standard: see section 12.
non‑RAV entry import approval means a non‑RAV entry import approval granted under the rules.
permitted to import, in relation to a road vehicle: see subsection 22(2).
personal information has the same meaning as in the Privacy Act 1988.
premises has the same meaning as in the Regulatory Powers Act.
provide, in relation to a road vehicle, includes the meaning given by subsection (2).
public road means a road open to the public for the passage of vehicles, excluding:
a footpath or bicycle path; and
a bikeway, also known as a bike or cycle lane.
RAV: see Register of Approved Vehicles.
RAV entry import approval means a RAV entry import approval granted under the rules.
recall notice means a recall notice issued under the rules.
Register of Approved Vehicles or RAV: see subsection 14(1).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant court means:
the Federal Court; or
the Federal Circuit and Family Court of Australia (Division 2); or
a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
road vehicle: see section 6.
road vehicle component: see section 7.
road vehicle component type approval means a road vehicle component type approval granted under the rules.
road vehicle type approval means a road vehicle type approval granted under the rules.
rules means the rules made under section 82.
Secretary means the Secretary of the Department.
SEVs Register: see Specialist and Enthusiast Vehicles Register.
Specialist and Enthusiast Vehicles Register or SEVs Register: see section 20.
supply:
when used as a verb, includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and
when used as a noun, has a corresponding meaning;
and supplied and supplier have corresponding meanings.
For Part 3, the meaning of supply is also affected by section 45.
this Act includes:
the rules and any instruments made under the rules; and
other instruments made under this Act; and
the Regulatory Powers Act as it applies in relation to this Act.
trade or commerce means:
trade or commerce within Australia; or
trade or commerce between Australia and places outside Australia;
and includes any business or professional activity (whether or not carried on for profit).
Extended meaning of provide
A reference in this Act to a person providing a road vehicle includes a reference to:
the provision of the vehicle due to a sale, exchange, gift, lease, loan, hire or hire‑purchase; or
the provision of access to the vehicle.
A road vehicle means any of the following:
a motor vehicle designed solely or principally for use in transport on public roads;
a trailer or other vehicle (including equipment or machinery equipped with wheels) designed to be towed on a public road by a motor vehicle covered by paragraph (a);
a vehicle that is within a class determined in an instrument under paragraph (5)(a) and not determined in an instrument under paragraph (6)(b);
a vehicle determined in an instrument under paragraph (6)(a);
a partly completed or unassembled vehicle that would otherwise be covered by any of the above paragraphs.
If:
a person holds a road vehicle type approval for a vehicle of a particular type; and
that type of vehicle is not a road vehicle covered by subsection (1); and
the person enters, or authorises the entry of, a vehicle of that type on the RAV in accordance with this Act;
the vehicle becomes a road vehicle at the time the vehicle is entered on the RAV.
For the purposes of paragraphs (1)(a) and (b), in determining whether a motor vehicle is designed solely or principally for use in transport on public roads, regard is to be had only to the physical and operational features of the motor vehicle.
However, a vehicle is not a road vehicle if:
the vehicle is within a class determined in an instrument under paragraph (5)(b) and not determined in an instrument under paragraph (6)(a); or
the vehicle is specified in an instrument under paragraph (6)(b).
Determination of classes of vehicles
The Secretary may, by legislative instrument:
determine classes of vehicles that are road vehicles; or
determine classes of vehicles that are not road vehicles.
Determination of specified vehicles
The Secretary may, by notifiable instrument:
determine that a specified vehicle is a road vehicle; or
determine that a specified vehicle is not a road vehicle.
The power to make a notifiable instrument under subsection (6) is not limited by a legislative instrument made under subsection (5).
Incorporation of other instruments
An instrument under subsection (5) or (6) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
as in force or existing at a particular time; or
as in force or existing from time to time.
Subsection (8) has effect despite subsection 14(2) of the Legislation Act 2003.
A road vehicle component means any of the following:
a component to be used in the manufacture of a road vehicle, including an assembly;
a component that is within a class determined in an instrument under paragraph (3)(a) and not determined in an instrument under paragraph (4)(b);
a component determined in an instrument under paragraph (4)(a).
However, a component is not a road vehicle component if:
the component is within a class determined in an instrument under paragraph (3)(b) and not determined in an instrument under paragraph (4)(a); or
the component is specified in an instrument under paragraph (4)(b).
Determination of classes of components
The Secretary may, by legislative instrument:
determine classes of components that are road vehicle components; or
determine classes of components that are not road vehicle components.
Determination of specified components
The Secretary may, by notifiable instrument:
determine that a specified component is a road vehicle component; or
determine that a specified component is not a road vehicle component.
The power to make a notifiable instrument under subsection (4) is not limited by a legislative instrument made under subsection (3).
Incorporation of other instruments
An instrument under subsection (3) or (4) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
as in force or existing at a particular time; or
as in force or existing from time to time.
Subsection (6) has effect despite subsection 14(2) of the Legislation Act 2003.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
See also section 54 for the liability of the Crown to a pecuniary penalty for the breach of a civil penalty provision, and section 55 for the liability of the Crown to be given an infringement notice.
This Act extends to acts, omissions, matters and things outside Australia.
This Part provides for the regulation of road vehicles and road vehicle components by:
allowing the Minister to determine national road vehicle standards; and
establishing the Register of Approved Vehicles (the RAV), on which road vehicles must generally be entered before being provided for the first time in Australia; and
establishing the Register of Specialist and Enthusiast Vehicles, on which road vehicles may be entered to facilitate their importation into Australia; and
creating offences and civil penalty provisions that apply if road vehicles are imported without relevant approvals or are provided to consumers without being on the RAV; and
allowing the rules to set out matters to support the regulatory framework; and
dealing with other miscellaneous matters.
The Minister may, by legislative instrument, determine standards for road vehicles or road vehicle components that are designed to do any or all of the following:
make road vehicles safe to use;
control the emission of gas, particles or noise from road vehicles;
secure road vehicles against theft;
provide for security marking of road vehicles;
promote the saving of energy.
These standards are the national road vehicle standards.
Incorporation of other instruments
National road vehicle standards may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
as in force or existing at a particular time; or
as in force or existing from time to time.
Without limiting subsection (2), national road vehicle standards may make provision in relation to a matter by applying, adopting or incorporating any matter contained in the 1958 Agreement or 1998 Agreement.
Subsection (2) has effect despite subsection 14(2) of the Legislation Act 2003.
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