reg 3

Terms used

In force

(1)

In these regulations, unless the contrary intention appears —

accessory when used in connection with a motor vehicle, includes an accessory originally fitted to the vehicle in the course of manufacturing the vehicle, but does not include —

(a)

a component that forms, or will form, part of any of the following of the vehicle and that, but for this definition, would be an accessory —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

the cooling system;

(vii)

the driveline;

(viii)

the electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(xii)

the exhaust system;

(b)

an air conditioning system that is, or is to be, fitted to the vehicle;

air conditioning work means any work required to install, service, repair, overhaul, remove or retrofit an air conditioning system in a heavy vehicle or light vehicle;

apprentice has the meaning given in the Vocational Education and Training Act 1996 section 60A;

AUR means release 1.0, 1.1, 2.0, 2.1, 3.0, 4.0, 5.0, 6.0, 6.1, 7.0 or 7.1 of the training package AUR entitled Automotive Retail, Service and Repair Training Package, published by PwC’s Skills for Australia;

AUR05 means release 1.0, 2.0, 2.1, 2.2, 2.3, 2.4, 3.0 or 4.0 of the training package AUR05 entitled Automotive Industry Training Package Retail, Service and Repair or Automotive Industry Retail, Service and Repair Training Package, published by Auto Skills Australia Ltd;

AUR12 means release 1.0, 1.1, 2.0 or 2.1 of the training package AUR12 entitled Automotive Industry Retail, Service and Repair Training Package, published by Auto Skills Australia Ltd;

AUR99 means release 1, 2, 3 or 4 of the training package AUR99 entitled Automotive Industry National Training Package — Retail, Service and Repair Sector, published by Australian Training Products Ltd;

autogas work means any work required to do any of the following —

(a)

to service, repair, overhaul or modify a gas fuel system that is, was, or may be, fitted to a heavy vehicle or light vehicle;

(b)

to convert a fuel system in a heavy vehicle or light vehicle to a gas fuel system or to a system that consists partly of a gas fuel system;

(c)

to convert a fuel system that consists partly of a gas fuel system —

(i)

to a fuel system that is not a gas fuel system; or

(ii)

to a gas fuel system;

body building work —

(a)

means any work required to do any of the following —

(i)

to fabricate or modify a body of a motor vehicle to fit the vehicle’s chassis;

(ii)

to fit the chassis of a motor vehicle with a fabricated or modified body;

but

(b)

does not include any of the following —

(i)

realigning the chassis of a motor vehicle;

(ii)

realigning, repairing, preparing for painting or painting a panel, frame or other component of the body of a motor vehicle;

(iii)

installing or removing any glass in the body of a motor vehicle,

other than installing or removing any moveable glass, if required;

brake work means any work required to service, repair, overhaul or modify a braking system that is, was, or may be, fitted to a motor vehicle;

Class E permit or authorisation, in relation to a type of gas fuel system, means a permit, or authorisation, as defined in the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 —

(a)

that is of a grade designated as Class E under those regulations; and

(b)

under which the holder is authorised to do gasfitting work on that type of gas fuel system;

cooling system work means any work required to service, repair, overhaul or modify a cooling system that is, was, or may be, fitted to a motor vehicle;

diesel work means any work required to do any of the following —

(a)

to service, repair, overhaul or modify any of the following that is, was, or may be, fitted to a heavy vehicle or light vehicle —

(i)

a diesel fuel system;

(ii)

a diesel engine;

(b)

to service, repair, overhaul or modify any of the following that is, was, or may be, fitted to a heavy vehicle or light vehicle propelled by a diesel engine —

(i)

an air induction system;

(ii)

an ignition system;

(iii)

an engine management system;

(iv)

a cooling system;

(v)

a hydraulic system;

(c)

to fabricate, service, repair or modify the exhaust system of a heavy vehicle or light vehicle propelled by a diesel engine;

driveline when used in connection with a motor vehicle, means the following in the propulsion system of the vehicle —

(a)

for a motor vehicle described in paragraph (a) of the definition of motor cycle —

(i)

any clutch operating system and clutch assembly;

(ii)

the transmission;

(iii)

any drive chain, drive belt or drive shaft;

(iv)

any wheel assembly component that forms part of the propulsion system;

(b)

for any other motor vehicle —

(i)

any clutch operating system and clutch assembly;

(ii)

the transmission;

(iii)

any tail shaft;

(iv)

the final drive assembly (whether or not its differential is integrated with the transmission);

electrical accessory means an off the shelf accessory that is designed to be fitted to a motor vehicle principally by way of electrical connection, such as an immobiliser, audio or audio‑visual equipment, spotlights, a horn, an electric winder for a window, a navigation system or a parking sensor;

electrical accessory fitting work means any work required to install or remove an electrical accessory to a motor vehicle, except an electrical accessory that does not affect the performance, safety or security of the motor vehicle;

electrical work means any work required to install, service, repair, overhaul or remove any of the following in a motor vehicle —

(a)

any electrical equipment or system (including any electrical accessory and any electrical component associated with any other prescribed accessory);

(b)

any electrical part of any other thing or system;

emergency servicing or repair, when used in connection with a thing diagnosed as the cause or possible cause of the breakdown of a vehicle, means servicing, or repair, that is on‑the‑spot and of a minor nature and that a person providing a breakdown service is reasonably expected to be required to carry out for the purpose of restoring, or attempting to restore, the vehicle’s mobility, including, if applicable, any of the following —

(a)

carrying out minor electrical servicing and minor electrical repair;

(b)

cleaning or lubricating the thing or any of its components;

(c)

replenishing any oil, lubricant, coolant or other liquid that requires replenishment;

(d)

replacing the thing or any of its component;

(e)

tightening or otherwise adjusting the thing or any of its component,

but not including refuelling a vehicle that has run out of fuel;

engine reconditioning work means any work required to overhaul an engine (including a cylinder head of an engine) that is, was, or may be, fitted to a motor vehicle;

exempt motorised wheelchair means a motorised wheelchair —

(a)

that is fitted with 3 or more wheels; and

(b)

for which a vehicle licence is not required under the Road Traffic (Vehicles) Act 2012 while the vehicle is being used on a road;

existing repair business means a person or firm to whom the Act Schedule 3 clause 1 applies and who is an applicant for a business licence;

fabricate when used in connection with a thing or system, means to fabricate the thing or system otherwise than in the course of manufacturing a motor vehicle to which the thing or system is to be fitted;

final drive assembly when used in connection with a motor vehicle, means the following in the propulsion system of the vehicle —

(a)

the differential;

(b)

the drive shafts;

(c)

any wheel assembly component that forms part of the propulsion system;

gas fuel system means any of the following types of system —

(a)

a compressed natural gas (or CNG) fuel system;

(b)

a liquefied natural gas (or LNG) fuel system;

(c)

a liquefied petroleum gas (or LPG) fuel system;

(d)

a hydrogen (or H₂) fuel system;

glazing work means any work required to install, repair or remove a windscreen or other glass in the body of a motor vehicle;

gross vehicle mass of a motor vehicle, means the maximum loaded mass of the vehicle —

(a)

as specified by the manufacturer; or

(b)

as specified by the relevant authority if —

(i)

the manufacturer has not specified a maximum loaded mass; or

(ii)

the manufacturer cannot be identified; or

(iii)

the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate;

heavy vehicle means a motor vehicle that has a gross vehicle mass of more than 8 000 kg;

heavy vehicle servicing work means any work required to do any of the following —

(a)

in respect of a heavy vehicle to which paragraph (b) does not apply, to carry out minor electrical servicing or to service any of the following —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

the cooling system;

(vii)

the driveline;

(viii)

any electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(xii)

a wheel assembly;

(xiii)

any hydraulic system;

(b)

in respect of a heavy vehicle during an emergency breakdown —

(i)

to diagnose the cause of the breakdown;

(ii)

to carry out emergency servicing or repair on a thing diagnosed as the cause or possible cause of the breakdown;

heavy vehicle work means any work required to do any of the following in respect of a heavy vehicle —

(a)

to service, repair, overhaul or modify any of the following —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

the cooling system;

(vii)

the driveline;

(viii)

any electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(b)

to fabricate, service, repair or modify the exhaust system;

(c)

to service, repair or replace a wheel assembly;

(d)

to balance a wheel or align the wheels;

(e)

to service or repair any hydraulic system;

(f)

to carry out minor electrical servicing or minor electrical repair;

(g)

to install or remove a prescribed accessory;

ignition system does not include an immobiliser;

install when used in connection with a thing or system, means —

(a)

to install the thing or system in a motor vehicle otherwise than in the course of manufacturing the vehicle; and

(b)

to ensure that the thing or system operates properly, including repairing it if necessary;

light vehicle means a motor vehicle, not being a motor cycle, that has a gross vehicle mass of not more than 8 000 kg;

light vehicle servicing work means any work required to do any of the following —

(a)

in respect of a light vehicle to which paragraph (b) does not apply, to carry out minor electrical servicing or to service any of the following —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

the cooling system;

(vii)

the driveline;

(viii)

any electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(xii)

a wheel assembly;

(xiii)

any hydraulic system;

(b)

in respect of a light vehicle during an emergency breakdown —

(i)

to diagnose the cause of the breakdown;

(ii)

to carry out emergency servicing or repair on a thing diagnosed as the cause or possible cause of the breakdown;

light vehicle work means any work required to do any of the following in respect of a light vehicle —

(a)

to service, repair, overhaul or modify any of the following —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

the cooling system;

(vii)

the driveline;

(viii)

any electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(b)

to fabricate, service, repair or modify the exhaust system;

(c)

to service, repair or replace a wheel assembly;

(d)

to balance a wheel or align the wheels;

(e)

to service or repair any hydraulic system;

(f)

to carry out minor electrical servicing or minor electrical repair;

(g)

to install or remove a prescribed accessory;

locksmith work means any work required to service, repair or replace a locking or transponder system that is, was, or may be, fitted to a motor vehicle;

mechanical accessory —

(a)

means an off the shelf accessory that is designed to be fitted to a motor vehicle principally by way of mechanical connection (whether or not the fitting also requires any electrical connection), such as a towbar, protection bar, sunroof, roof‑rack, wheel‑chair lift or winch; and

(b)

includes any electrical component associated with the accessory;

mechanical accessory fitting work means any work required to install or remove a mechanical accessory to a motor vehicle, except a mechanical accessory that does not affect the performance, safety or security of the motor vehicle;

minor electrical repair means replacing a fuse, bulb or terminal, carrying out wiring repairs or otherwise rectifying any open circuit, short circuit or earthing faults;

minor electrical servicing means any of the following —

(a)

replacing a spark plug or spark plug lead;

(b)

charging or replacing a battery;

motor cycle means —

(a)

a motor vehicle that is designed to travel on 2 wheels or, with a sidecar attached, 3 wheels; or

(b)

a motor vehicle —

(i)

that has 3 wheels arranged so that the axis of rotation of 2 wheels lies on the same straight line and each of those 2 wheels is equidistant from the 3rd; and

(ii)

that is designed to be steered using a handlebar and to have a significant portion of its other controls on the handlebar;

motor cycle servicing work means any work required to do any of the following —

(a)

in respect of a motor cycle to which paragraph (b) does not apply, to carry out minor electrical servicing or to service any of the following —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

any cooling system;

(vii)

the driveline;

(viii)

any electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(xii)

a wheel assembly;

(b)

in respect of a motor cycle during an emergency breakdown —

(i)

to diagnose the cause of the breakdown;

(ii)

to carry out emergency servicing or repair on a thing diagnosed as the cause or possible cause of the breakdown;

motor cycle work means any work required to do any of the following in respect of a motor cycle —

(a)

to service, repair, overhaul or modify any of the following —

(i)

the fuel system;

(ii)

the air induction system;

(iii)

the engine;

(iv)

the ignition system;

(v)

the engine management system;

(vi)

any cooling system;

(vii)

the driveline;

(viii)

any electronic drive management system;

(ix)

the braking system;

(x)

the steering system;

(xi)

the suspension system;

(b)

to fabricate, service, repair or modify the exhaust system;

(c)

to service, repair or replace a wheel assembly;

(d)

to balance a wheel or align the wheels;

(e)

to carry out minor electrical servicing or minor electrical repair;

(f)

to install or remove a prescribed accessory;

(g)

to realign the chassis;

moveable glass means a component, in the body of a motor vehicle, that is made wholly or partly of glass and —

(a)

is designed to be capable of having the position of the component or the glass adjusted; or

(b)

is an accessory;

number of repairers of an applicant for a business licence or renewal of a business licence, means the number of full‑time equivalent individuals that the applicant employs (if the applicant is an existing repair business or a licensee), or proposes to employ (in the case of any other applicant), to carry out or supervise repair work in connection with the business to which the application relates, including —

(a)

any individual whom the applicant engages, or proposes to engage, as the case requires, under a contract for services (other than a contract with a person or firm who holds a business licence); and

(b)

if the applicant is an individual and personally carries out or supervises repair work in connection with the business, or proposes so to do, as the case requires — the applicant; and

(c)

if the applicant is a firm and any individual member of the firm personally carries out or supervises repair work in connection with the business, or proposes so to do, as the case requires — the individual member,

but not including any apprentice;

overhaul means —

(a)

when used in connection with a thing —

(i)

to dismantle the thing; and

(ii)

to reassemble it after reconditioning or replacing its components so that the useful life of the thing is comparable to its useful life when it was new;

(b)

when used in connection with a system —

(i)

to dismantle the system; and

(ii)

to dismantle any thing in the system; and

(iii)

to reassemble the thing after reconditioning or replacing its components so that the useful life of the thing is comparable to its useful life when it was new; and

(iv)

to reassemble the system;

painting work —

(a)

means any work required to prepare for painting or to paint a panel, frame or other component of the body of a motor vehicle, otherwise than in the course of manufacturing the vehicle; but

(b)

does not include any of the following —

(i)

realigning the chassis of a motor vehicle;

(ii)

realigning or repairing a panel, frame or other component of the body of a motor vehicle;

(iii)

installing or removing any glass in the body of a motor vehicle,

other than installing or removing any moveable glass, if required;

panel beating work —

(a)

means any work required to do any of the following —

(i)

to realign the chassis of a motor vehicle;

(ii)

to realign or repair a panel, frame or other component of the body of a motor vehicle;

but

(b)

does not include installing, repairing or removing any glass (other than installing or removing any moveable glass) in the body of a motor vehicle;

power assisted pedal cycle means a vehicle —

(a)

designed to be propelled through a mechanism operated solely by human power; and

(b)

to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding —

(i)

250 W, in the case of a pedalec, namely a vehicle that meets the standard of the European Committee for Standardization entitled EN 15194:2009 or EN 15194:2009+A1:2011 Cycles — Electrically power assisted cycles — EPAC Bicycles; or

(ii)

200 W, in any other case;

prescribed accessory means any of the following —

(a)

an electrical accessory;

(b)

a mechanical accessory;

(c)

any of the following accessories (whether off the shelf or custom‑made), including any electrical component associated with the accessory —

(i)

a moveable platform designed to raise and lower things being loaded onto or unloaded from a heavy vehicle or light vehicle;

(ii)

a canopy;

(iii)

a tray, a tray lid or a tray liner;

(iv)

a tool rack;

(v)

a side step;

(vi)

a storage drawer;

(vii)

shelving;

relevant authority when used in connection with the gross vehicle mass of a motor vehicle, means —

(a)

if —

(i)

the vehicle has never been licensed or registered but the vehicle is used or is intended to be used in this State; or

(ii)

the vehicle was last licensed in this State,

the chief executive officer of the department of the Public Service principally assisting in the administration of the Road Traffic (Vehicles) Act 2012 Part 2; or

(b)

if the vehicle was last licensed or registered in another State or a Territory — the authority in that State or Territory whose functions most nearly correspond to those of the chief executive officer mentioned in paragraph (a);

repair when used in connection with a thing or system, means —

(a)

to diagnose and detect any fault, or to detect any damage, in the thing or system; and

(b)

to rectify the fault or mend the damage, including, if applicable, replacing the thing or system or any of its components;

repairer of a licensee, means an individual employed by the licensee, whether on a full‑time, part‑time or casual basis, to carry out or supervise repair work in connection with the business to which the licence relates, and includes —

(a)

an individual engaged by the licensee under a contract for services (other than a contract with a person or firm who holds a business licence); and

(b)

if the licensee is an individual and personally carries out or supervises repair work in connection with the business — the licensee; and

(c)

if the licensee is a firm and any individual member of the firm personally carries out or supervises repair work in connection with the business — the individual member,

but does not include any apprentice;

retrofit an air conditioning system, means to modify the air conditioning system so that it uses another coolant as required under the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 of the Commonwealth;

service when used in connection with a thing or system, means to maintain the thing or system in order to maximise its useful life, including, if applicable, any of the following —

(a)

cleaning or lubricating any of its components;

(b)

replenishing or replacing any oil, lubricant, coolant or other fluid that requires periodic replenishment or replacement;

(c)

replacing any of its components that requires periodic replacement;

(d)

tightening or otherwise adjusting any of its components that requires periodic adjustment;

specialisation means a specialisation, or descriptor, provided for in AUR05 in relation to a qualification under AUR05;

trimming work means any work required to fabricate, repair or replace a seat or any interior lining or floor covering in a motor vehicle, except any such work that does not affect the performance, safety or security of the motor vehicle;

tyre fitting work means any work required to do any of the following in respect of a heavy vehicle, light vehicle or motor cycle —

(a)

to repair or replace a rim, tyre or tube;

(b)

to balance a wheel;

underbody work means any work required to do any of the following in respect of a light vehicle —

(a)

to service or repair any of the following —

(i)

the braking system;

(ii)

the steering system;

(iii)

the suspension system;

(b)

to fabricate, service, repair or modify the exhaust system;

vintage vehicle means a vehicle that displays the description “veteran”, “vintage”, “post‑vintage” or “invitation class” above its number plate as required by the department of the Public Service principally assisting in the administration of the Road Traffic (Vehicles) Act 2012 Part 2;

wheel aligning, steering and suspension work means any work required to do any of the following in respect of a motor vehicle —

(a)

to inspect, service or replace the steering system or suspension system;

(b)

to balance a wheel or align the wheels.

(2)

In a definition in subregulation (1), unless the contrary intention appears —

(a)

a reference to an engine that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to the internal combustion engine, and any electric motor, in the propulsion system of the vehicle;

(b)

a reference to any of the following systems that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to such a system that is associated with the internal combustion engine in the propulsion system of the vehicle —

(i)

a fuel system;

(ii)

an air induction system;

(iii)

an ignition system;

(iv)

an engine management system;

(v)

a cooling system;

(vi)

an exhaust system;

(c)

a reference to any of the following things or systems that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to such a thing or system in the propulsion system of the vehicle —

(i)

a driveline;

(ii)

a transmission;

(iii)

a final drive assembly (whether or not its differential is integrated with a transmission);

(iv)

an electronic drive management system;

(d)

a reference to a fuel system in a motor vehicle —

(i)

does not include a reference to a gas fuel system; and

(ii)

if the fuel system consists partly of a gas fuel system, is a reference only to the part of the fuel system that is not a gas fuel system;

(e)

a reference to modifying a fuel system in a motor vehicle does not include a reference to converting the fuel system to a gas fuel system or to a system that consists partly of a gas fuel system;

(fa)

a reference to modifying a gas fuel system in a motor vehicle includes a reference to converting the gas fuel system —

(i)

to a fuel system that is not a gas fuel system; or

(ii)

to a system that consists partly of a gas fuel system;

(f)

a reference to a thing or system that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) includes a reference to any electrical or other part of the thing or system (including any accessory that forms part of the thing or system);

(g)

a reference to any electrical equipment or system, electrical component or electrical part includes a reference to any electronic equipment or system, electronic component or electronic part, as the case requires.

(3)

Without limiting the generality of a definition in subregulation (1), unless the contrary intention appears, a reference to any work required in connection with a thing or system that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) includes a reference to any of the following that is required —

(a)

checking the condition and operation of the thing or system by looking at it, listening to it, measuring it or testing it;

(b)

disconnecting and reconnecting any electrical circuit;

(c)

removing the thing or system or any other thing or system from, and refitting it to, the vehicle.

[Regulation 3 amended: Gazette 24 Jun 2008 p. 2803-11; 28 Jul 2009 p. 2975-6; 18 Nov 2014 p. 4320; 8 Jan 2015 p. 91‑3; SL 2021/164 r. 24; SL 2022/161 r. 8.]

Research tools for this sectionPro

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.