Entry of non‑compliant vehicles on RAV
16 Entry of non‑compliant vehicles on RAV
A person contravenes this subsection if:
the person enters a vehicle on the RAV; and
the vehicle does not satisfy the requirements of an entry pathway.
A person contravenes this subsection if:
the person is the holder of a road vehicle type approval; and
the person authorises another person, in writing, to enter a vehicle on the RAV; and
the other person purports to enter the vehicle on the RAV; and
the vehicle does not satisfy the requirements of an entry pathway.
Subsections (1) and (2) do not apply if:
a road vehicle component was used in accordance with the national road vehicle standards in the manufacture of the vehicle; and
the road vehicle component was represented by the supplier to be an approved road vehicle component; and
the road vehicle component did not comply with the relevant national road vehicle standards, as in force at the time the road vehicle component was acquired by the person; and
there is no other reason why the vehicle does not satisfy the requirements of the relevant entry pathway.
A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Offence
A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 120 penalty units.
Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (4).
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 120 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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