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.

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.

a fee prescribed by rules made for the purposes of section 66 for a fee-bearing activity; or

a charge imposed by:

(i) the Road Vehicle Standards Charges (Imposition—Customs) Act 2018; or

(ii) the Road Vehicle Standards Charges (Imposition—Excise) Act 2018; or

(iii) 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 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 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.

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 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.

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.

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

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 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.

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.

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

(a) determine classes of vehicles that are road vehicles; or

(b) determine classes of vehicles that are not road vehicles.

Determination of specified vehicles

(a) determine that a specified vehicle is a road vehicle; or

(b) determine that a specified vehicle is not a road vehicle.

as in force or existing at a particular time; or

as in force or existing from time to time.

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).

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

(a) determine classes of components that are road vehicle components; or

(b) determine classes of components that are not road vehicle components.

Determination of specified components

(a) determine that a specified component is a road vehicle component; or

(b) determine that a specified component is not a road vehicle component.

as in force or existing at a particular time; or

as in force or existing from time to time.

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

as in force or existing at a particular time; or

as in force or existing from time to time.

the type approval pathway;

the concessional RAV entry approval pathway;

any other pathway set out in the rules.

the person enters a vehicle on the RAV; and

the vehicle does not satisfy the requirements of an entry pathway.

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.

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.

Offence

the person enters information on the RAV; and

the information relates, or purportedly relates, to a vehicle; and

the person knows that:

the person is not authorised under the rules to enter the information on the RAV; or

the vehicle does not exist; or

the information is incorrect.

(a) the person is the holder of a road vehicle type approval (the approval holder); and

the person authorises another person, in writing, to enter information on the RAV; and

the other person enters information on the RAV; and

the information relates, or purportedly relates, to a vehicle; and

the approval holder knows that:

the vehicle does not exist; or

the information is incorrect.

the person enters information on the RAV; and

the information relates, or purportedly relates, to a vehicle; and

either:

the person is not authorised under the rules to enter the information on the RAV; or

the vehicle does not exist.

the person is the holder of a road vehicle type approval; and

the person authorises another person, in writing, to enter information on the RAV; and

the other person enters information on the RAV; and

the information relates, or purportedly relates, to a vehicle; and

the vehicle does not exist.

the person enters information on the RAV; and

the information relates, or purportedly relates, to a vehicle; and

the information is incorrect.

the person is the holder of a road vehicle type approval; and

the person authorises another person, in writing, to enter information on the RAV; and

the other person enters information on the RAV; and

the information relates, or purportedly relates, to a vehicle; and

the information is incorrect.

Offence

must provide for or in relation to:

the keeping of the RAV, including the content of the RAV and the persons who may enter information on the RAV; and

the requirements of an entry pathway; and

may provide for or in relation to the publication of information on the RAV.

the grant of approvals:

to enable vehicles to satisfy the requirements of the type approval pathway; or

to enable road vehicles to satisfy the requirements of other entry pathways; or

relating to road vehicle components;

conditions of such approvals;

variation, suspension or revocation of such approvals;

obligations of former approval holders.

the person imports a road vehicle into Australia; and

at the time of importation, the person is not permitted to import the vehicle.

at the time of importation, all of the following apply:

the person is the holder of a road vehicle type approval;

the road vehicle type approval is in force;

the road vehicle is of a type to which the road vehicle type approval applies; or

at the time of importation, all of the following apply:

the person is authorised, in writing, by the holder of a road vehicle type approval to import the road vehicle;

the road vehicle type approval is in force;

the road vehicle is of a type to which the road vehicle type approval applies; or

at the time of importation, all of the following apply:

the person is the holder of an import approval;

the import approval is in force;

the road vehicle is specified in the import approval; or

at the time of importation, a circumstance set out in the rules applies.

Offence

the person provides a road vehicle to another person in Australia; and

the vehicle is provided for the first time in Australia; and

the vehicle is not on the RAV.

to have work done on it; or

to protect it; or

to store it; or

if the vehicle has been imported—to transport it to the importer; or

if the vehicle is to be exported—to transport it to the exporter; or

in a circumstance set out in the rules.

the person providing the road vehicle is the holder of a non-RAV entry import approval that relates to the vehicle; or

the road vehicle is manufactured in Australia and the person providing the vehicle makes it clear to the recipient that:

the vehicle is not being provided for a purpose that involves use in transport on a public road; or

the vehicle is being provided for a purpose that involves use in transport on a public road only in exceptional circumstances.

Offence

a road vehicle is on the RAV; and

the person modifies the road vehicle; and

the modification occurs before the vehicle is provided to a consumer for the first time in Australia; and

the modification causes the road vehicle to not satisfy the requirements of the entry pathway that applied at the time the vehicle was entered on the RAV; and

the modification is not otherwise allowed by the rules.

a road vehicle is on the RAV; and

the person hands over the road vehicle to another person; and

the road vehicle is handed over for modification; and

the road vehicle is modified; and

the modification occurs before the vehicle is provided to a consumer for the first time in Australia; and

the modification causes the road vehicle to not satisfy the requirements of the entry pathway that applied at the time the vehicle was entered on the RAV; and

the modification is not otherwise allowed by the rules.

the person supplies a road vehicle component to another person; and

the person represents that the road vehicle component is an approved road vehicle component; and

the representation is false or misleading in a material particular.

Offence

the person is the holder of an approval under the rules; and

the approval is subject to a condition; and

the condition is not one that requires the person to export or destroy a road vehicle to which the approval applies; and

the person engages in conduct; and

the person’s conduct contravenes the condition.

the person is the holder of an approval under the rules; and

the approval is subject to a condition; and

the condition is not one that requires the person to export or destroy a road vehicle to which the approval applies; and

another person engages in conduct; and

that other person’s conduct contravenes the condition.

Offence

the person is the holder of an import approval; and

the approval is subject to a condition that requires the person to export or destroy a road vehicle to which the approval applies; and

the road vehicle is not exported or destroyed within the period specified in the approval.

Offence

the person was the holder of an approval granted under the rules; and

a condition of the approval was that the holder of the approval retain a record; and

the person does not retain the record:

if a period was specified in that condition—for that period; or

in any other case—for the 7 year period starting on the day the record is made.

the person was the holder of an approval granted under the rules; and

the person is required by or under the rules to provide information or a document to the Minister; and

the person does not provide the information or document to the Minister.

Offence

the person signs a declaration; and

the person does so knowing that:

the declaration is false or misleading in a material particular; or

the declaration omits a matter or thing without which the declaration is misleading in a material particular; and

the declaration is made in an application for an approval under the rules.

Civil penalty provision

the person signs a declaration; and

either:

the declaration is false or misleading in a material particular; or

the declaration omits a matter or thing without which the declaration is misleading in a material particular; and

the declaration is made in an application for an approval under the rules.

the person gives information or a document to another person; and

the information or document:

is false or misleading; or

omits any matter or thing without which the information or document is misleading; and

the information or document is given, or purportedly given, under or for the purposes of this Act.

the body corporate commits an offence against:

this Part (other than section 18, 27, 30, 31 or 32); or

(ii) Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence covered by subparagraph (i); orsection 6 of the

(iii) Criminal Code in relation to this Act; andsection 136.1, 137.1 or 137.2 of the

the officer knew that the offence would be committed; and

the officer was in a position to influence the conduct of the body in relation to the commission of the offence; and

the officer failed to take reasonable steps to prevent the commission of the offence.

the body corporate contravenes a civil penalty provision of this Part (other than section 18, 27, 30, 31 or 32); and

the officer knew that the contravention would occur; and

the officer was in a position to influence the conduct of the body in relation to the contravention; and

the officer failed to take reasonable steps to prevent the contravention.

what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the employees, agents or contractors concerned; and

what action (if any) the officer took when he or she became aware that the body was committing an offence against, or otherwise contravening, this Act.

safety purposes; or

non-compliance with national road vehicle standards.

issuing recall notices;

compulsory recalls of road vehicles or approved road vehicle components;

voluntary recalls of road vehicles or approved road vehicle components;

notification requirements relating to compulsory or voluntary recalls.

a recall notice for road vehicles or approved road vehicle components is in force; and

the notice requires the person to do one or more things; and

the person refuses or fails to comply with the notice.

a recall notice for road vehicles or approved road vehicle components is in force; and

the person, in trade or commerce:

if the notice identifies a defect in, or a dangerous characteristic of, the vehicles or components—supplies vehicles or components of the kind to which the notice relates which contain that defect or have that characteristic; or

in any other case—supplies vehicles or components of the kind to which the notice relates.

Strict liability offence

if the person is a body corporate—5,250 penalty units; or

if the person is not a body corporate—1,050 penalty units.

Civil penalty provision

if the person is a body corporate—5,250 penalty units; or

if the person is not a body corporate—1,050 penalty units.

the person is required by the rules to give a copy of a notice to the Minister in relation to a compulsory recall of road vehicles or approved road vehicle components; and

the person refuses or fails to give the copy as required by the rules.

Strict liability offence

if the person is a body corporate—80 penalty units; or

if the person is not a body corporate—16 penalty units.

Civil penalty provision

if the person is a body corporate—80 penalty units; or

if the person is not a body corporate—16 penalty units.

the person is required by the rules to give a notice, or a copy of a notice, to the Minister in relation to a voluntary recall of road vehicles or approved road vehicle components; and

the person refuses or fails to give the notice, or the copy of the notice, as required by the rules.

Strict liability offence

if the person is a body corporate—80 penalty units; or

if the person is not a body corporate—16 penalty units.

Civil penalty provision

if the person is a body corporate—80 penalty units; or

if the person is not a body corporate—16 penalty units.

that:

vehicles or components of that kind will or may cause injury to any person; or

a reasonably foreseeable use (including a misuse) of vehicles or components of that kind will or may cause injury to any person; or

vehicles or components of that kind do not, or it is likely that they do not, comply with the applicable national road vehicle standards; and

that the supplier is capable of giving information, producing documents or giving evidence in relation to those vehicles or components.

to give, in writing signed by the supplier, any such information to the person specified in the notice:

in the manner specified in the notice; and

within such reasonable time as is specified in the notice; or

to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or

to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:

to give any such evidence, on oath or affirmation; and

to produce any such documents.

the Minister; or

the Secretary; or

an SES employee, or acting SES employee, in the Department (whether or not that SES employee, or acting SES employee, gave the notice).

Holder of a type approval taken to be a supplier

the person is the holder of a road vehicle type approval under which a vehicle is entered on the RAV; or

the person is the holder of a road vehicle component type approval.

giving information or evidence; or

producing a document;

as required by a disclosure notice given to the person on the ground that the information or evidence, or production of the document, might tend to incriminate the person or expose the person to a penalty.

the information or evidence given, or the document produced; and

giving the information or evidence, or producing the document;

are not admissible in evidence against the individual:

in civil proceedings; or

in criminal proceedings, other than proceedings against the individual for:

an offence against section 43 or 44; or

(ii) an offence against Criminal Code that relates to this Division.section 137.1 or 137.2 of the

the person is given a disclosure notice; and

the person refuses or fails to comply with the notice.

if the person is a body corporate—200 penalty units; or

if the person is not a body corporate—40 penalty units.

an APS employee in the Department;

an employee of a State or Territory or an authority of a State or Territory.

a provision of this Act;

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Information subject to monitoring

(a) Competition and Consumer Act 2010;section 133G of the

a provision of the Australian Consumer Law relating to the safety of consumer goods;

(c) a provision of New Vehicle Efficiency Standard Act 2024.Division 4 of Part 4 of the

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

each of the following is an authorised applicant:

the Secretary;

an SES employee, or an acting SES employee, in the Department; and

an inspector is an authorised person; and

each of the following is an issuing officer:

a magistrate;

a Judge of a court of a State or Territory;

a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and

the Secretary is the relevant chief executive; and

a relevant court (as defined in section 5) is a relevant court.

Person assisting

whether a provision mentioned in subsection 50(1) has been, or is being, complied with; or

the correctness of information mentioned in subsection 50(2);

the additional powers mentioned in subsection (2) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

the power to sample any thing on premises entered under Part 2 of the Regulatory Powers Act; and

the power to remove and test such samples.

an offence against this Act; or

a civil penalty provision of this Act; or

(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Related provisions

(a) Competition and Consumer Act 2010;section 133G of the

a provision of the Australian Consumer Law relating to the safety of consumer goods;

(c) a provision of New Vehicle Efficiency Standard Act 2024.Division 4 of Part 4 of the

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

each of the following is an authorised applicant:

the Secretary;

an SES employee, or an acting SES employee, in the Department; and

an inspector is an authorised person; and

each of the following is an issuing officer:

a magistrate;

a Judge of a court of a State or Territory;

a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and

the Secretary is the relevant chief executive; and

a relevant court (as defined in section 5) is a relevant court.

Person assisting

the power to sample any thing on premises entered under Part 3 of the Regulatory Powers Act; and

the power to remove and test such samples.

each of the following persons is an authorised applicant:

the Minister;

the Secretary;

an SES employee, or acting SES employee, in the Department; and

a relevant court (as defined in section 5 of this Act) is a relevant court.

Maximum penalties

subsection 38(4) (compliance with recall notices);

subsection 39(3) (notification requirements—compulsory recalls);

subsection 40(3) (notification requirements—voluntary recalls).

Liability of Crown

a civil penalty provision in Part 2 (regulation of road vehicles and road vehicle components) of this Act;

a strict liability offence against a provision in Part 3 (recalls of road vehicles or approved road vehicle components) of this Act.

Infringement officer and relevant chief executive

each of the following persons is an infringement officer:

the Secretary;

an SES employee, or acting SES employee, in the Department; and

the Secretary is the relevant chief executive.

Single infringement notice may deal with more than one contravention

2 or more alleged contraventions of a provision mentioned in subsection (1); or

alleged contraventions of 2 or more provisions mentioned in subsection (1).

However, the notice must not require the person to pay more than one amount in respect of the same conduct.

Liability of Crown

subsection 38(3) (compliance with recall notices);

subsection 39(2) (notification requirements—compulsory recalls);

subsection 40(2) (notification requirements—voluntary recalls).

if the notice relates to only one alleged contravention of the offence by the person—the amount worked out using the table below; or

if the notice relates to more than one alleged contravention of the offence by the person—using the table below, the total amount worked out by adding together the amounts for each alleged contravention to which the notice relates.

each of the following persons is an authorised person:

the Minister;

the Secretary;

an SES employee, or acting SES employee, in the Department; and

a relevant court (as defined in section 5 of this Act) is a relevant court.

Enforceable undertaking must be published on the Department’s website

notice of a decision to accept an undertaking given in relation to the provision; and

the name of the person who gave the undertaking.

each of the following persons is an authorised person:

the Minister;

the Secretary;

an SES employee, or acting SES employee, in the Department; and

a relevant court (as defined in section 5 of this Act) is a relevant court.

an order for the purpose of ensuring that the person does not engage in the conduct, similar conduct, or related conduct, during the period of the order (which must not be longer than 3 years) including:

an order directing the person to establish a compliance program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to such conduct; and

an order directing the person to revise the internal operations of the person’s business which led to the person engaging in such conduct;

an order requiring the person to publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.

make a decision; or

exercise any power or comply with any obligation; or

do anything else related to making a decision, exercising a power, or complying with an obligation.

made a decision; or

exercised a power or complied with an obligation; or

done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;

that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subsection (1).

the computer program was not functioning correctly:

at a specified time or during a specified period; and

in relation to specified outcomes from the operation of that program under an arrangement made under subsection 62(1); and

the substituted decision could have been made under the same provision of this Act as the initial decision; and

the substituted decision is more favourable to the applicant.

any law of the Commonwealth; or

any rule of common law;

to the contrary effect.

a body responsible for maintaining the RAV; or

the Australian Competition and Consumer Commission for use by the Commission in relation to:

(i) any of the Commission’s functions and powers under or in relation to Competition and Consumer Act 2010 or the Australian Consumer Law; orPart XI of the

any of the Commission’s powers under Part XII of that Act that relate to the laws mentioned in subparagraph (i); or

(c) the Immigration and Border Protection Department for the use by the Department in relation to the Department’s functions and powers under or in relation to the Customs Act 1901; or

an authority of a State or a Territory that has responsibilities for the registration of road vehicles; or

a national regulatory authority of a foreign country that has national responsibility relating to road vehicle standards; or

an international body responsible for:

investigating contraventions of international agreements or international decisions; or

administering or ensuring compliance with international agreements or international decisions; or

any other body prescribed by the rules.

prescribe 2 or more fees for the same matter;

prescribe a method for working out a fee;

prescribe the circumstances in which a person is exempt from paying a specified fee;

prescribe the circumstances in which the Secretary may waive a fee;

prescribe the circumstances in which a fee may be refunded, in whole or in part;

prescribe a method for working out the refund of part of a fee.

the Secretary; or

an SES employee, or an acting SES employee, in the Department.

the power to determine national road vehicle standards under section 12;

the power to make rules under section 82.

the Secretary; or

an APS employee.

the power to issue a recall notice in relation to the compulsory recall of a road vehicle or approved road vehicle component;

the power to determine specified matters by legislative instrument.

a vehicle of a particular class is, or is not, a road vehicle under section 6; and

a component of a particular class is, or is not, a road vehicle component under section 7.

the rules; and

any instruments made under the rules.

at the time the road vehicle is provided by a person for the first time in Australia:

the vehicle is a new road vehicle; and

the vehicle is on the RAV; and

the vehicle complies with the standards mentioned in subsection (3); and

the vehicle:

was manufactured or provided by a constitutional corporation for use in transport; or

is owned or used, or to be owned or used, by a constitutional corporation; or

is used, or to be used, exclusively or predominantly in trade or commerce among the States or between a State and a Territory; or

is used, or to be used, in a Territory or Commonwealth place.

if the vehicle has been modified before the vehicle is provided for the first time in Australia and the modification causes the vehicle to not satisfy the requirements of the entry pathway that applied at the time the vehicle was entered on the RAV—the standards imposed by this Act, at the time of the modification, in relation to the vehicle as modified; or

otherwise—the standards imposed by this Act in relation to the vehicle at the time the vehicle was entered on the RAV.

the vehicle ceases to comply with the standards mentioned in subsection (3); or

the operation of the vehicle becomes defective in any respect.

to have work done on it; or

to protect it; or

to store it; or

if the vehicle has been imported—to transport it to the importer; or

if the vehicle is to be exported—to transport it to the exporter; or

in a circumstance set out in the rules.

road vehicle standard means a standard for road vehicles that is designed to:

make such vehicles safe to use; or

control the emission of gas, particles or noise from such vehicles; or

secure such vehicles against theft; or

provide for security marking of such vehicles; or

promote the saving of energy.

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between 2 Territories; or

by way of the supply of road vehicles or approved road vehicle components to the Commonwealth or an authority or instrumentality of the Commonwealth.

acts or omissions of:

constitutional corporations; or

entities acting for or on behalf of a constitutional corporation; or

exercising a power or performing a function that affects a person that is a constitutional corporation; or

conferring a right or imposing an obligation on a constitutional corporation.

with respect to Australia’s rights and obligations under an agreement with one or more countries; or

that are of international concern.

acts or omissions that occur at a Commonwealth place; or

exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to a person or thing in a Commonwealth place.

acts or omissions taking place in a Territory; or

exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to a person or thing in a Territory.

an entry of a road vehicle on the RAV or the SEVs Register; or

any test carried out under, or for the purposes of, this Act; or

any express statement, or any statement or action implying, that a road vehicle or a road vehicle component complied with this Act; or

an approval granted under this Act.

the Minister;

the Secretary;

an inspector;

an APS employee in the Department;

in relation to anything done, or omitted to be done, in good faith by the person in connection with the performance or purported performance of functions or duties, or the exercise or purported exercise of powers, conferred by this Act.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

provide for and in relation to the determination of specified matters by the Minister by legislative instrument;

confer a power to make a decision of an administrative character on the Minister or the Secretary;

provide for and in relation to the review of a decision made under this Act, the rules or any instrument made under the rules;

provide, as a condition of an approval granted under this Act:

a power to request information or documents from the holder of the approval; or

a power of entry and search of premises where activities are carried out under, or in relation to, the approval;

provide for and in relation to the publication of approvals, and details relating to approvals, granted under this Act;

in relation to matters which are required or permitted by this Act to be prescribed by the rules—provide for and in relation to ancillary or incidental matters.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure (other than as mentioned in subparagraph (2)(d)(ii));

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

making rules, or legislative instruments under the rules, that relate to the collection, use, disclosure or publication of personal information on the RAV; or

making rules for the purposes of paragraph 65(1)(g) to prescribe a body to which personal information may be disclosed;

the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.

Incorporation by reference