Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018

No. 164, 2018

Compilation No. 2

Compilation date: 1 April 2022

Includes amendments up to: Act No. 17, 2022

Registered: 14 April 2022

About this compilation

This compilation

This is a compilation of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 that shows the text of the law as amended and in force on 1 April 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Schedules 2

Schedule 1—Transitional national road vehicle standards 3

Schedule 2—Repeal of the Motor Vehicle Standards Act 1989 4

Motor Vehicle Standards Act 1989 4

Schedule 3—Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989 5

Part 1—Introduction 5

Part 2—National standards 7

Part 3—Certification and approval 8

Division 1—Identification plates 8

Division 2—Used import plates 12

Part 4—Supply and importation of vehicles 15

Division 1—Supply of new vehicles etc. 15

Division 2—Supply of used imported vehicles 18

Division 3—Import of new and used vehicles 19

Part 5—Registered automotive workshops 25

Part 6—Continuation of certain conditions 27

Part 7—Administration 29

Part 8—Court proceedings 31

Part 9—Miscellaneous 32

Schedule 4—Consequential amendments 33

Part 1—Amendments commencing day after Royal Assent 33

Age Discrimination Act 2004 33

Part 2—Amendments commencing at beginning of transitional period 34

A New Tax System (Luxury Car Tax) Act 1999 34

Customs Act 1901 34

Fuel Tax Act 2006 34

Interstate Road Transport Act 1985 34

Interstate Road Transport Charge Act 1985 35

National Environment Protection Council Act 1994 36

Trans-Tasman Mutual Recognition Act 1997 36

Part 3—Amendments commencing at end of transitional period 37

Age Discrimination Act 2004 37

Customs Act 1901 37

Trans-Tasman Mutual Recognition Act 1997 37

Endnotes 38

Endnote 1—About the endnotes 38

Endnote 2—Abbreviation key 40

Endnote 3—Legislation history 41

Endnote 4—Amendment history 42

An Act to deal with consequential and transitional matters in connection with the Road Vehicle Standards Act 2018, and for related purposes
1 Short title

This Act is the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.
2 Commencement 1

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 Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day after this Act receives the Royal Assent. 11 December 2018
2. Schedule 1 Immediately after the commencement of section 12 of the Road Vehicle Standards Act 2018. 11 December 2018
3. Schedules 2 and 3 At the same time as section 15 of the Road Vehicle Standards Act 2018 commences. 1 July 2021
4. Schedule 4, Part 1 At the same time as section 3 of the Road Vehicle Standards Act 2018 commences. 11 December 2018
5. Schedule 4, Part 2 At the same time as section 15 of the Road Vehicle Standards Act 2018 commences. 1 July 2021
6. Schedule 4, Part 3 The day after the end of the period of 24 months beginning on the day section 15 of the Road Vehicle Standards Act 2018 commences. 1 July 2023

Note: 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.

 2

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.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Transitional national road vehicle standards 1 Transitional national road vehicle standards 1

(1) This item applies for the purposes of the operation of the following during the period beginning on 10 December 2018 and ending on the day before Road Vehicle Standards Act 2018 commences:section 15 of the

a

provisions of that Act that commence on the day after that Act receives the Royal Assent;

 b

any instruments made under those provisions.

 2

(2) A vehicle standard as in force from time to time under Motor Vehicle Standards Act 1989 is taken also to be a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018.section 7 of the

Note: See also item 2 of Schedule 3 in relation to the national road vehicle standards after the repeal of the Motor Vehicle Standards Act 1989.

 Repeal of the Motor Vehicle Standards Act 1989

Motor Vehicle Standards Act 1989

 1 The whole of the Act

Repeal the Act.

 Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989 1 Definitions 1

In this Schedule:

approved form means a form approved under item 28.

commencement means the day that this Schedule commences.

new law means the following laws:

Note: The national standards made under the Motor Vehicle Standards Act 1989 (also known as the Australian Design Rules) are taken to be national road vehicle standards determined under the Road Vehicle Standards Act 2018: see item 2 of this Schedule.

old law means the following laws, as in force immediately before commencement:

transitional period means the 24 month period that begins on commencement.

Note: Those items provide for certain provisions of the new law to apply in relation to this Schedule and the old law (to the extent that the old law applies because of this Schedule).

 a

(a) the Road Vehicle Standards Act 2018;

 b

the rules made under that Act;

 c

the national road vehicle standards determined under that Act;

 d

any other instruments made under that Act or those rules;

 e

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

 f

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

 g

(g) the Road Vehicle Standards Charges (Imposition—General) Act 2018.

 a

(a) the Motor Vehicle Standards Act 1989 (other than sections 25 to 32);

 b

(b) the Motor Vehicle Standards Regulations 1989;

 c

(c) the national standards determined under the Motor Vehicle Standards Act 1989 (also known as the Australian Design Rules);

 d

(d) the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1);

 e

(e) the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No.1);

 f

(f) the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002;

 g

(g) the Motor Vehicle Standards (Registered Automotive Workshops—Fit and Proper Persons) Determination 2002;

 h

(h) the Motor Vehicle Standards (Road Vehicles) Determination 2017;

 i

(i) the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1).

 2

(2) The following expressions used in this Schedule, that are also used in the Road Vehicle Standards Act 2018, have the same meaning in this Schedule as they have in that Act:

 a

import;

 b

provide;

 c

road vehicle type approval;

 d

rules;

 e

Secretary;

 f

SEVs Register.

 3

To avoid doubt, if a provision of this Schedule provides that the new law does not apply in relation to a matter, the provision has effect subject to items 25 and 27.

 2 Vehicle standards

A vehicle standard in force under Motor Vehicle Standards Act 1989 immediately before commencement continues in force as if it were a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018.section 7 of the

3 Procedures for testing vehicles

Procedures relating to retaining records to continue in force

Offence—failure to retain records for retention period

Penalty: 60 penalty units.

 1

(1) The Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 in force under section 9 of the Motor Vehicle Standards Act 1989 immediately before commencement continues in force for the period of 7 years beginning on commencement (the retention period) for the purposes of retaining the records required by section 8 of the Determination.

 2

To avoid doubt, a person to whom subitem (1) applies must retain the records required by the Determination:

 a

even though the retention period ends after the end of the transitional period; and

 b

even though the person ceases to be a registered automotive workshop (within the meaning of the old law), whether because the transitional period ends or otherwise.

 3

A person commits an offence if:

 a

the person is required to retain a record because of subitem (1); and

 b

the person does not retain the record for the period of 7 years beginning on commencement.

 4 Approval for the placement of identification plates—subsections 10A(1) and (2)

Existing approvals to continue in force

the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

Pending applications

then:

New law does not apply

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval:

 a

was given under subsection 10A(1) or (2) of that Act in relation to vehicles of a particular type; and

 b

is in force immediately before commencement;

 2

If, before commencement:

 a

(a) a person applied to the Minister for an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 in relation to vehicles of a particular type; and

 b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to give written approval—the approval:

 i

comes into force on the day specified by the Minister in the approval; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 3

If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to:

 a

the importation of vehicles to which the approval applies; and

 b

the provision of vehicles that have had identification plates placed on them in accordance with the approval.

 5 Transition of approval for the placement of identification plates to a road vehicle type approval 1

If:

 a

a person is the holder of:

 i

(i) an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 that is in force immediately before commencement, as mentioned in subitem 4(1); or

 ii

(ii) an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 because of a decision by the Minister allowed by subitem 4(2); and

 b

during the 6 month period beginning immediately after commencement, the person:

 i

provides to the Minister, in the approved form, written acknowledgement of the conditions applying to road vehicle type approvals, as set out in the rules, and that breach of any of those conditions is an offence under the new law; and

 ii

(ii) provides to the Minister, in the approved form, a signed declaration that the person satisfies the conditions applying to road vehicle type approvals, as set out in the rules, in respect of the type of vehicle covered by an approval mentioned in paragraph (a) (an old approval); and

 iii

pays the charges payable for the purposes of this paragraph;

then:

Note: This means that offences and civil penalty provisions for giving false or misleading information or making a false or misleading declaration apply to the making of an acknowledgement and a declaration under paragraph (1)(b).

then, to the extent of the inconsistency, the rules prevail.

then, the person’s approval ceases to be in force at the end of the transitional period (unless earlier cancelled or suspended under the old law).

 c

(c) the person is taken to have been granted a road vehicle type approval under the rules in respect of the type of vehicle covered by the old approval for the 5 year period beginning on the day that paragraph (b) is satisfied (the new approval); and

 d

on that day, the old approval ceases to be in force.

 2

The following provisions have effect in relation to paragraph (1)(b):

 a

(a) the written acknowledgement mentioned in subparagraph (1)(b)(i) is, for the purposes of Road Vehicle Standards Act 2018, information given, or purportedly given, under or for the purpose of the rules;section 32 of the

b

(b) the declaration mentioned in subparagraph (1)(b)(ii) is, for the purposes of Road Vehicle Standards Act 2018, taken to be made in an application for an approval under the rules.section 31 of the

3

The following provisions have effect in relation to the new approval:

 a

evidence that enabled the Minister to grant the old approval is taken to be sufficient to satisfy continued compliance with the relevant criteria for granting the new approval under the rules:

 i

unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or

 ii

unless, and to the extent that, the person seeks a variation of the new approval under the rules;

 b

if a person seeks a variation of the new approval under the rules, to the extent of the variation, evidence of a kind mentioned in paragraph (a) will not be sufficient to meet the evidential requirements of the rules;

 c

any written conditions to which the old approval was subject are taken to be conditions that are specified in the new approval under the rules;

 d

evidence that demonstrated that conditions of the old approval were satisfied is taken to be sufficient to satisfy the relevant conditions of the new approval under the rules:

 i

unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or

 ii

unless, and to the extent that, the person seeks a variation of the new approval under the rules;

 e

to the extent that a written condition to which the old approval was subject is inconsistent with:

 i

a condition to which a road vehicle type approval is subject under the rules; or

 ii

a requirement of the rules;

 4

To avoid doubt, if a person is taken to have been granted a road vehicle type approval under the rules because of subitem (1), then the approval is subject to the new law.

 5

To avoid doubt, if:

 a

a person is the holder of an old approval; and

 b

during the 6 month period beginning immediately after commencement, the person does not take all of the actions required by paragraph (1)(b);

 6 Approval for the placement of identification plates—subsection 10A(3)

Existing approvals to continue in force

Pending applications

then:

New law does not apply

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval was given under subsection 10A(3) of that Act and in force immediately before commencement, the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

 2

If, before commencement:

 a

(a) a person applied to the Minister for an approval under subsection 10A(3) of the Motor Vehicle Standards Act 1989; and

 b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to give written approval—the approval:

 i

comes into force on the day specified by the Minister in the approval; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 3

If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of vehicles that have had identification plates placed on them in accordance with the approval.

 7 Offences in relation to identification plates

Despite the repeal of Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.section 12 of the

8 Application for approval to place a used import plate

Applications allowed during transitional period

New law does not apply

Number limits on placement of used import plates to apply

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989:

 a

an application may be made under section 13C of that Act during the transitional period for an approval to place a plate on a used imported vehicle; and

 b

the provisions of the old law continue to apply in relation to the application and the granting of an approval under section 13D of that Act.

 2

If an approval is granted because of an application allowed by this item:

 a

the approval remains in force during the transitional period subject to the provisions of the old law; and

 b

the new law does not apply, during the transitional period, to the provision of used imported vehicles that have had used import plates placed on them in accordance with the approval.

 3

(3) To avoid doubt, the limits on the number of used import plates set out in regulation 6 of the Motor Vehicle Standards Regulations 1989 apply in relation to an approval granted because of an application allowed by this item.

 9 Grant of approval

Existing approvals to continue in force

Pending applications

then:

New law does not apply

Number limits on placement of used import plates to apply

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval was granted under section 13D of that Act and in force immediately before commencement, the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

 2

If, before commencement:

 a

(a) a registered automotive workshop applied to the Minister for an approval under Motor Vehicle Standards Act 1989; andsection 13C of the

b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to grant the approval—the approval:

 i

comes into force on the day specified by the Minister in the approval; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 3

If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of used imported vehicles that have had used import plates placed on them in accordance with the approval.

 4

(4) To avoid doubt, the limits on the number of used import plates set out in regulation 6 of the Motor Vehicle Standards Regulations 1989 apply in relation to an approval continued, or taken to continue, in force during the transitional period by force of this item.

 10 Offence in relation to the placement of used import plates

Despite the repeal of Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.section 13G of the

11 Supply of nonstandard vehicles

Existing approvals to continue in force

the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

Pending applications

then:

New law does not apply

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if:

 a

an approval was given under section 14A of that Act and in force immediately before commencement; or

 b

(b) an approval was given under regulation 20 of the Motor Vehicle Standards Regulations 1989 for a vehicle to be supplied to the market and the approval was in force immediately before commencement;

 2

If, before commencement:

 a

a person applied to the Minister for:

 i

(i) an approval under Motor Vehicle Standards Act 1989; orsection 14A of the

ii

(ii) an approval under regulation 20 of the Motor Vehicle Standards Regulations 1989 for a vehicle to be supplied to the market; and

 b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to give written approval—the approval:

 i

comes into force on the day specified by the Minister in the approval; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 3

If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of a vehicle in accordance with the approval.

 12 Transition of approval to supply nonstandard vehicles to a road vehicle type approval 1

If:

 a

a person is the holder of:

 i

(i) an approval under Motor Vehicle Standards Act 1989 or regulation 20 of the Motor Vehicle Standards Regulations 1989 that is in force immediately before commencement, as mentioned in subitem 11(1); orsection 14A of the

ii

(ii) an approval under Motor Vehicle Standards Act 1989 or regulation 20 of the Motor Vehicle Standards Regulations 1989 because of a decision by the Minister allowed by subitem 11(2); andsection 14A of the

b

during the 6 month period beginning immediately after commencement, the person:

 i

provides to the Minister, in the approved form, written acknowledgement of the conditions applying to road vehicle type approvals, as set out in the rules, and that breach of any of those conditions is an offence under the new law; and

 ii

(ii) provides to the Minister, in the approved form, a signed declaration that the person satisfies the conditions applying to road vehicle type approvals, as set out in the rules, in respect of the type of vehicle covered by an approval mentioned in paragraph (a) (the old approval); and

 iii

pays the charges payable for the purposes of this paragraph;

then:

Note: This means that offences and civil penalty provisions for giving false or misleading information or making a false or misleading declaration apply to the making of an acknowledgement and a declaration under paragraph (1)(b).

then, to the extent of the inconsistency, the rules prevail.

then the person’s approval ceases to be in force at the end of the transitional period (unless earlier cancelled or suspended under the old law).

 c

(c) the person is taken to have been granted a road vehicle type approval under the rules in respect of the type of vehicle covered by the old approval for the 5 year period beginning on the day that paragraph (b) is satisfied (the new approval); and

 d

on that day, the old approval ceases to be in force.

 2

The following provisions have effect in relation to paragraph (1)(b):

 a

(a) the written acknowledgement mentioned in subparagraph (1)(b)(i) is, for the purposes of Road Vehicle Standards Act 2018, information given, or purportedly given, under or for the purpose of the rules;section 32 of the

b

(b) the declaration mentioned in subparagraph (1)(b)(ii) is, for the purposes of Road Vehicle Standards Act 2018, taken to be made in an application for an approval under the rules.section 31 of the

3

The following provisions have effect in relation to the new approval:

 a

evidence that enabled the Minister to grant the old approval is taken to be sufficient to satisfy continued compliance with the relevant criteria for granting the new approval under the rules:

 i

unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or

 ii

unless, and to the extent that, the person seeks a variation of the new approval under the rules;

 b

if a person seeks a variation of the new approval under the rules, to the extent of the variation, evidence of a kind mentioned in paragraph (a) will not be sufficient to meet the evidential requirements of the rules;

 c

any written conditions to which the old approval was subject are taken to be conditions that are specified in the new approval under the rules;

 d

evidence that demonstrated that conditions of the old approval were satisfied is taken to be sufficient to satisfy the relevant conditions of the new approval under the rules:

 i

unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or

 ii

unless, and to the extent that, the person seeks a variation of the new approval under the rules;

 e

to the extent that a written condition to which the old approval was subject is inconsistent with:

 i

a condition to which a road vehicle type approval is subject under the rules; or

 ii

a requirement of the rules;

 4

To avoid doubt, if a person is taken to have been granted a road vehicle type approval under the rules because of subitem (1), then the approval is subject to the new law.

 5

To avoid doubt, if:

 a

a person is the holder of an old approval; and

 b

during the 6 month period beginning immediately after commencement, the person does not take all of the actions required by paragraph (1)(b);

 13 Supply of used imported vehicles

Existing approvals to continue in force

Note: See also paragraph 16(1)(d) of the Motor Vehicle Standards Act 1989 and regulation 7 of the Motor Vehicle Standards Regulations 1989.

Pending applications

then:

New law does not apply

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if an approval was given under regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989 and in force immediately before commencement, the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

 2

If, before commencement:

 a

(a) a person applied to the Minister for an approval under regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989; and

 b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to give written approval—the approval:

 i

comes into force on the day specified by the Minister in the approval; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 3

If an approval continues in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to:

 a

the importation of a vehicle in accordance with the approval; and

 b

the provision of a vehicle imported in accordance with the approval.

 14 Importation of road vehicles subject to conditions

Despite the repeal of Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.section 17 of the

15 Authority to take delivery of imported vehicles

Despite the repeal of Motor Vehicle Standards Act 1989:section 17A of the

a

that section continues in force during the transitional period in relation to a vehicle that may be imported during the transitional period in accordance with that Act, as provided for by this Schedule; and

 b

an approval may be granted under that section during the transitional period for the delivery of a vehicle imported before or during the transitional period; and

 c

if an approval was granted under that section before the transitional period for the delivery of a vehicle—the approval continues to allow delivery of the vehicle to be taken during the transitional period; and

 d

the authorisation of an officer of the Department by the Minister under that section and in force immediately before commencement continues in force during the transitional period; and

 e

the Minister may authorise an officer of the Department to give approvals under that section during the transitional period.

 16 Importation of vehicles requiring modification

Existing approvals to continue in force

then:

Pending applications

then:

New law does not apply

then the new law does not apply, during the transitional period, to actions taken in accordance with the approval.

 1

If:

 a

(a) before commencement, the Minister gave written approval to a person under subsection 19(1) of the Motor Vehicle Standards Act 1989 in relation to a vehicle; and

 b

at commencement, the person had not imported the vehicle to which the approval relates;

 c

the approval is taken to continue in force during the transitional period; and

 d

before the end of the transitional period, the person may import the vehicle in accordance with the approval given under the old law; and

 e

the old law applies to the imported vehicle during the transitional period.

 2

If, before commencement:

 a

(a) a person applied to the Minister for an approval under Motor Vehicle Standards Act 1989 in relation to a vehicle; andsection 19 of the

b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister grants the approval—both:

 i

the person may, before the end of the transitional period, import the vehicle in accordance with the approval given under the old law; and

 ii

the old law applies to the imported vehicle during the transitional period.

 3

(3) If an approval given under subsection 19(1) of the Motor Vehicle Standards Act 1989:

 a

is taken to continue in force under this item during the transitional period subject to the provisions of the old law; or

 b

is granted during the transitional period subject to the provisions of the old law;

 17 Approval to import certain nonstandard vehicles

Existing approvals to continue in force

then:

Pending applications

then:

New applications

then:

New law does not apply

then the new law does not apply, during the transitional period, to actions taken in accordance with the approval.

 1

If:

 a

(a) before commencement, the Minister gave written approval to a person under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989) in relation to a vehicle; and

 b

at commencement, the person had not imported the vehicle to which the approval relates;

 c

the approval is taken to continue in force during the transitional period; and

 d

before the end of the transitional period, the person may import the vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and

 e

the old law applies to the imported vehicle during the transitional period.

 2

If, before commencement:

 a

(a) a person applied to the Minister for an approval under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989) in relation to a vehicle; and

 b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister grants written approval—both:

 i

the person may, before the end of the transitional period, import the vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and

 ii

the old law applies to the imported vehicle during the transitional period.

 3

If a person holds an approval:

 a

(a) under subsection 10A(3) of the Motor Vehicle Standards Act 1989 that continues, or is taken to continue, in force during the transitional period by force of item 6 of this Schedule; or

 b

(b) under Motor Vehicle Standards Regulations 1989 that continues, or is taken to continue, in force during the transitional period by force of item 11 of this Schedule;section 14A of that Act or regulation 20 of the

c

(c) the person may apply, during the transitional period, for an approval in accordance with regulation 14 of the Motor Vehicle Standards Regulations 1989, as in force immediately before commencement, to the extent that the application relates to the approval the person holds, as mentioned in paragraph (a) or (b); and

 d

the Minister must decide the application in accordance with the old law; and

 e

if the Minister gives written approval—both:

 i

the person may, before the end of the transitional period, import a vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and

 ii

the old law applies to the imported vehicle during the transitional period.

 4

(4) If an approval given under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 1989):

 a

is taken to continue in force under this item during the transitional period subject to the provisions of the old law; or

 b

is granted during the transitional period subject to the provisions of the old law;

 18 Register of Specialist and Enthusiast Vehicles 1

(1) Despite the repeal of Motor Vehicle Standards Act 1989, the Register of Specialist and Enthusiast Vehicles established under that section:section 21 of the

a

is to continue in existence during the transitional period; and

 b

must be maintained by the Minister during the transitional period in accordance with the old law.

 2

If:

 a

(a) immediately before commencement, a road vehicle was entered on the Register of Specialist and Enthusiast Vehicles established under Motor Vehicle Standards Act 1989; andsection 21 of the

b

the Minister considers that it is for the benefit of the Australian community to include a vehicle of that kind on the SEVs Register;

then:

 c

even if the vehicle does not meet the criteria set out in the rules, the Minister may, during the transitional period and despite the new law, enter the vehicle on the SEVs Register; and

 d

if the vehicle is so entered, the entry of the vehicle on the SEVs Register is subject to the new law.

 19 Approval as a registered automotive workshop

Existing approvals to continue in force

the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

Pending applications

then:

then:

 1

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if:

 a

an approval was granted under section 21B of that Act and in force immediately before commencement; or

 b

an approval granted under section 21B of that Act had been renewed under section 21C of that Act and was in force immediately before commencement;

 2

(2) However, if an approval mentioned in subitem (1) was in force immediately before commencement because subsection 21C(6) of the Motor Vehicle Standards Act 1989 applied, then the approval is taken to continue in force during the transitional period (subject to the provisions of the old law) until a decision is made about whether to renew the approval, as mentioned in subitem (4).

 3

If, before commencement:

 a

(a) a corporation applied to the Minister for an approval under Motor Vehicle Standards Act 1989; andsection 21A of the

b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to grant the approval—the approval:

 i

comes into force on the day specified by the Minister in the approval; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 4

If, before commencement:

 a

(a) a corporation applied to the Minister for the renewal of an approval under Motor Vehicle Standards Act 1989; andsection 21C of the

b

the Minister had not decided the application;

 c

the Minister must decide the application in accordance with the old law; and

 d

if the Minister decides to renew the approval—the approval:

 i

comes into force on the day the approval is renewed; and

 ii

continues in force during the transitional period subject to the provisions of the old law.

 20 Obligation to comply with certain conditions after the end of the transitional period 1

If:

 a

an approval:

 i

is continued, or is taken to continue, in force during the transitional period because of this Schedule; or

 ii

is granted because of this Schedule; and

 b

(b) a condition specified in the approval is that the holder of the approval retain a record for a period (the retention period);

the holder must retain the record for the retention period:

the holder must export or destroy the vehicle during the disposal period:

 c

even if the retention period ends after the end of the transitional period; and

 d

even though the approval ceases to be in force, whether because the transitional period ends or otherwise.

 2

If:

 a

an approval:

 i

is continued, or is taken to continue, in force during the transitional period because of this Schedule; or

 ii

is granted because of this Schedule; and

 b

(b) a condition specified in the approval is that the holder of the approval export or destroy a vehicle to which the approval applies within a period (the disposal period);

 c

even if the disposal period ends after the end of the transitional period; and

 d

even though the approval ceases to be in force, whether because the transitional period ends or otherwise.

 21 Offences—breach of continued conditions 1

A person commits an offence if:

 a

the person was the holder of an approval that:

 i

was continued, or was taken to continue, in force during the transitional period because of this Schedule; or

 ii

was granted because of this Schedule; and

 b

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

 c

(c) the condition requires the record to be retained for a period (the retention period) that ends after the end of the transitional period; and

 d

the person does not retain the record for the retention period.

Penalty: 60 penalty units.

Penalty: 60 penalty units.

 2

A person commits an offence if:

 a

the person was the holder of an approval that:

 i

was continued, or was taken to continue, in force during the transitional period; or

 ii

was granted because of this Schedule; and

 b

a condition of the approval was that the holder of the approval export or destroy a vehicle to which the approval applies; and

 c

(c) the condition requires the vehicle to be exported or destroyed within a period specified in the approval (the disposal period) that ends after the end of the transitional period; and

 d

the vehicle is not exported or destroyed within the disposal period.

 22 Appointment of Administrator and Associate Administrator

Despite the repeal of Motor Vehicle Standards Act 1989, for the purposes of the old law as continued in force by this Schedule:section 22 of the

a

the person holding office as the Administrator under that section immediately before commencement continues to hold that office during the transitional period; and

 b

a person holding office as an Associate Administrator under that section immediately before commencement continues to hold that office during the transitional period; and

 c

the Administrator and each Associate Administrator continue to have the same functions and powers under the old law during the transitional period; and

 d

the Secretary may appoint a person to be an Administrator or Associate Administrator under that section during the transitional period.

 23 Delegation by Minister

Despite the repeal of the Motor Vehicle Standards Act 1989:

 a

any instrument of delegation in force under section 23 of that Act immediately before commencement continues in force during the transitional period; and

 b

(b) any instrument of delegation in force under regulation 62 of the Motor Vehicle Standards Regulations 1989 immediately before commencement continues in force during the transitional period; and

 c

the Minister may, by signed instrument, delegate to the Administrator or an Associate Administrator during the transitional period:

 i

the functions or powers allowed by section 23 of that Act; or

 ii

all or any of the Minister’s functions or powers under those Regulations; or

 iii

all or any of the Minister’s functions or powers under this Schedule, other than item 29.

 24 Fees

Despite the repeal of Motor Vehicle Standards Act 1989, the following provisions continue in force during the transitional period:section 24 of the

a

section 24 of that Act, and any other provision of the old law (to the extent to which it relates to that section);

 b

(b) Motor Vehicle Standards Regulations 1989.Part 6 of, and Schedule 2 to, the

25 Compliance and enforcement

The following provisions have effect:

Note: Those Divisions allow inspectors to be appointed and trigger monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014.

 a

(a) Divisions 2 to 4 of Part 4 of the Road Vehicle Standards Act 2018 apply for the purposes of ensuring compliance with:

 i

the old law during the transitional period; and

 ii

this Schedule;

 b

for the purposes of ensuring that compliance, those Divisions apply as if references to “this Act” in those Divisions were references to:

 i

this Schedule and any rules made under item 29 of this Schedule; and

 ii

the old law, to the extent that it applies because of this Schedule.

 26 Evidentiary certificates

Despite the repeal of Motor Vehicle Standards Act 1989:section 34 of the

a

that section is taken to apply, on and after commencement, in relation to conduct:

 i

constituting an offence against section 14, 15, 16 or 19 of that Act; and

 ii

engaged in before or during the transitional period; and

 b

the authorisation of a person by the Minister under that section and in force immediately before commencement continues in force during the transitional period.

 27 Legal proceedings not to lie 1

(1) Despite the repeal of Motor Vehicle Standards Act 1989, that section, and any other provision of the old law (to the extent to which it relates to that section), continue in force during the transitional period.section 37 of the

2

(2) Section 81 of the Road Vehicle Standards Act 2018 applies in relation to this Schedule as if references to “this Act” in that section were references to:

 a

this Schedule and any rules made under item 29 of this Schedule; and

 b

the old law, to the extent that it applies because of this Schedule.

 28 Approved forms

The Secretary may, in writing, approve a form for the purposes of an item of this Schedule.

 29 Transitional rules 1

The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

 a

the amendments or repeals made by this Act; or

 b

(b) the enactment of this Act or the Road Vehicle Standards Act 2018.

 2

To avoid doubt, the rules may not do the following:

 a

create an offence or civil penalty;

 b

provide powers of:

 i

arrest or detention; or

 ii

entry, search or seizure;

 c

impose a tax;

 d

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

 e

directly amend the text of this Act.

 3

This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

 Consequential amendments

Age Discrimination Act 2004

 1 Schedule 1 (after table item 41)

Insert:

A New Tax System (Luxury Car Tax) Act 1999

 2 Subsection 25-1(4)

Omit “vehicle standards in force under Motor Vehicle Standards Act 1989”, substitute “national road vehicle standards in force under section 12 of the Road Vehicle Standards Act 2018”.section 7 of the

Customs Act 1901

 3 At the end of subsection 229(1A)

Add “or the Road Vehicle Standards Act 2018”.

Fuel Tax Act 2006

 4 Section 110-5 (definition of Transport Minister)

Omit “Motor Vehicle Standards Act 1989”, substitute “Road Vehicle Standards Act 2018”.

Interstate Road Transport Act 1985

 5 Subsection 3(1) (at the end of the definition of compliance plate)

Add “(as in force before its repeal or as continued in force by the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018)”.

 6 Subsection 3(1) (paragraph (a) of the definition of MRC)

Before “the maximum mass”, insert “if the vehicle has a compliance plate—”.

 7 Subsection 3(1) (after paragraph (a) of the definition of MRC)

Insert:

 ab

if the vehicle is entered on the RAV—the maximum mass of the vehicle, including any load, as recorded on the RAV; or

 8 Subsection 3(1) (paragraph (b) of the definition of MRC)

Omit “in relation to a vehicle for which there is no compliance plate”, substitute “if the vehicle has no compliance plate and is not entered on the RAV”.

 9 Subsection 3(1)

Insert:

RAV (short for Register of Approved Vehicles) has the same meaning as in the Road Vehicle Standards Act 2018.

Interstate Road Transport Charge Act 1985

 10 Section 3A (at the end of the definition of compliance plate)

Add “(as in force before its repeal or as continued in force by the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018)”.

 11 Section 3A (paragraph (a) of the definition of MRC)

Before “the maximum mass”, insert “if the vehicle has a compliance plate—”.

 12 Section 3A (after paragraph (a) of the definition of MRC)

Insert:

 ab

if the vehicle is entered on the RAV—the maximum mass of the vehicle, including any load, as recorded on the RAV; or

 13 Subsection 3A (paragraph (b) of the definition of MRC)

Omit “in relation to a vehicle for which there is no compliance plate”, substitute “if the vehicle has no compliance plate and is not entered on the RAV”.

National Environment Protection Council Act 1994

 14 Paragraph 14(2)(b)

Omit “Motor Vehicle Standards Act 1989”, substitute “Road Vehicle Standards Act 2018”.

Trans-Tasman Mutual Recognition Act 1997

 15 Clause 3 of Part 2 of Schedule 2 (at the end of the table item headed “Road vehicles”)

Add:

Age Discrimination Act 2004

 16 Schedule 1 (table item 31)

Repeal the item.

Customs Act 1901

 17 Subsection 229(1A)

Omit “Motor Vehicle Standards Act 1989 or the”.

Trans-Tasman Mutual Recognition Act 1997

 18 Clause 3 of Part 2 of Schedule 2 (table item headed “Road vehicles”)

Omit:

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history