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reg 5

Partial exemption for personally imported vehicles

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Schedule 1Vehicle standards relating to ADRs applying to single heavy vehicles

5 Partial exemption for personally imported vehicles

(1)

A personally imported vehicle must be fitted with—

(a)

seatbelts as effective as seatbelts meeting an Australian Standard or British Standard for seatbelts as in force when the vehicle is imported; and

(b)

seatbelt anchorages meeting the number and location requirements of third edition ADR 5; and

(c)

child restraint anchorages meeting the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34.

(2)

However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subsection (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type.

(3)

A personally imported vehicle need not otherwise comply with an ADR applied by section 1(1) or 2(1).

(4)

In this section—personally imported vehicle means a vehicle built after 1968 imported into Australia by a person who—

(a)

before the vehicle was imported into Australia, owned and used it for a continuous period of at least—

(i)

for a vehicle owned by the person before 9 May 2000—3 months; or

(ii)

in any other case—1 year; and

(b)

when the vehicle was imported into Australia, was—

(i)

an Australian citizen, permanent resident or a person who had applied to become an Australian citizen or permanent resident; and

(ii)

old enough to hold a driver’s licence or learner’s permit to drive the vehicle; and

(c)

has—

(i)

if the vehicle was imported before the repeal of the Motor Vehicle Standards Act 1989—undertaken to comply with any requirements relating to road safety imposed for the vehicle under the Motor Vehicle Standards Regulations 1989 of the Commonwealth; or

(ii)

otherwise—complied with the rules made under the Road Vehicle Standards Act 2018; andNote—The Road Vehicle Standards Act 2018 provides for concessional RAV entry approvals for vehicles imported into Australia as part of a person’s personal effects. See Division 3 of Part 3 of the Road Vehicle Standards Rules 2019 (Cwlth) for provisions relating to the concessional RAV entry approval pathway generally, and section 39 of those Rules for the eligibility criterion for importing a vehicle as part of a person’s personal effects.

(d)

within the previous year, has not imported into Australia another vehicle owned by the person.

sch 1 s 5 amd 2021 SL No. 9 s 12(4); 2023 SL No. 15 s 4(2)

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Section 5 — Partial exemption for personally imported vehicles — Heavy Vehicle (Vehicle Standards) National Regulation (Queensland) — Barrister AI