Professional Documents
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MVSR May 2005
MVSR May 2005
Regulations 1989
Statutory Rules 1989 No. 202 as amended
Page
Contents
Part 1 Preliminary
1 Name of Regulations [see Note 1] 5
2 Commencement 5
3 Interpretation 5
Page
16 Approval for registered automotive workshop to
import certain used two-wheeled and
three-wheeled vehicles 14
17 Approval to import vehicles of a certain age without
identification plates 15
18 Approval to import vehicles without identification
plates for evaluation etc 15
19 Revocation of approval to import 16
20 Nonstandard road vehicles — prescribed
circumstance relating to design 16
21 Road trailers not exceeding 4.5 tonnes — prescribed
circumstance 17
21A Nonstandard road vehicles — prescribed
circumstance relating to intergovernmental
agreements 17
Division 4.2 Register of Specialist and Enthusiast Vehicles
22 Register of Specialist and Enthusiast Vehicles 18
23 Application for vehicle to be entered on Register 18
24 Eligibility of vehicles to be entered on Register 19
25 Minister may determine make, model or vehicle
category of vehicle 21
26 Amendment of Register 21
28 Notice of decisions 21
29 Review of decisions 22
30 Review Panel 23
31 Membership of the Review Panel 23
32 Term of office of Panel members 23
33 Cessation of office 23
34 Alternate members 24
35 Quorum 25
36 Meetings 25
37 Effect of vacancy 25
38 Disclosure of interest 25
Page
Division 5.2 Applications for approval and renewal of
approval
40 Application for approval as a registered automotive
workshop 28
41 Application signatory 29
42 Additional criteria for approval — general 29
43 Association with registered automotive workshop 30
44 Application for registration for RVCS 31
45 Registration for RVCS 32
46 Nominated delegate 32
47 Modification facility 32
48 Quality management system 33
49 Vehicle inspection signatories 34
50 Sponsor for overseas applicants 34
51 Additional criteria for approval — import time limits
and inspection 35
52 Approval a matter of public record 37
52A Schedule of approved vehicles 37
53 Disposal of vehicles where approval refused 38
54 Application to renew approval 39
Division 5.3 Conditions of approval
55 Purpose of Division 5.3 39
57 Conditions of a RAW approval 39
58 Consumer information notice 41
Part 6 Miscellaneous
60 Fees 43
61 Payment of certain fees by instalments 43
62 Delegation by Minister 44
Schedule 1 Contents of consumer information notice 45
Schedule 2 Fees 49
Notes 52
Regulation 3
Part 1 Preliminary
2 Commencement
These Regulations commence on 1 August 1989.
3 Interpretation
In these Regulations, unless the contrary intention appears:
approved form means a form approved by the Minister for the
purposes of the provision in which the expression is used.
Australian Design Rules means the national standards under
the Act.
full volume, in relation to the supply of a vehicle, means the
supply of a vehicle of a type in respect of which identification
plates can be placed on vehicles of that type, in accordance
with an approval under section 10A of the Act, in unlimited
numbers.
inspector means an inspector appointed under section 25 of the
Act.
JAS-ANZ means the Joint Accreditation System of Australia
and New Zealand.
make, of a road vehicle, means the marque or name by which a
range of vehicles that includes the road vehicle is popularly
known.
model, of a road vehicle, means a class or family of road
vehicles:
(a) of the same make; and
(b) of the same general type or appearance;
that includes the road vehicle.
Regulation 3
Regulation 3
Regulation 4
Regulation 6
Regulation 6
26 Amendment of Register
The Minister may amend the Register:
(a) to correct an error on the Register; or
(b) to include an additional variant of a model of vehicle
included on the Register; or
(c) to restrict the year range of eligibility to road vehicles that
were first manufactured after 31 December 1988; or
(d) to extend the year range of eligibility to road vehicles that
were first manufactured after 31 December 1988; or
(e) for any other reasonable cause in connection with the
administration of the Register.
28 Notice of decisions
(1) This regulation is made for paragraph 21 (2) (g) of the Act.
29 Review of decisions
(1) This regulation and regulations 30 to 38 are made for
paragraph 21 (2) (h) of the Act.
(2) A person who is given notice under regulation 28 of a decision
to refuse to enter a road vehicle on the Register may apply, in
writing, to the Minister for reconsideration of the decision.
(3) The Minister must reconsider the decision and must make a
decision:
(a) confirming the decision; or
(b) revoking the decision and entering the road vehicle on the
Register.
(4) Before making a decision under subregulation (3), the Minister
may refer the application to the Review Panel established
under regulation 30.
(5) Also, before making a decision the Minister must give to the
applicant a reasonable opportunity to make representations
about the decision.
(6) In making a decision under subregulation (3), the Minister
must take into account:
(a) the recommendations, if any, of the Review Panel; and
(b) any representations made by the applicant.
(7) The Minister must give notice, in writing, to an applicant of the
Minister’s decision on reconsideration.
(8) An application may be made to the Administrative Appeals
Tribunal for review of a decision of the Minister under
paragraph (3) (a).
30 Review Panel
(1) For the purposes of section 21 of the Act, a panel, to be known
as the Review Panel, is established.
(2) The function of the Panel is to receive and consider
applications for reconsideration referred to it by the Minister
under regulation 29, and to make recommendations to the
Minister about the application.
33 Cessation of office
A person ceases to be a member of the Panel if:
(a) the person resigns as a member by notice in writing to the
Panel; or
34 Alternate members
(1) The chairperson may appoint a person who is not a member of
the panel to be the alternate chairperson of the Panel.
(2) A body mentioned in paragraph 31 (b), (c), (d) or (e) may
appoint up to 2 persons who are not members of the Panel to be
available to be the alternate of a member nominated by that
body.
(3) If a member (including the chairperson) is absent from a
meeting of the Panel, the member’s alternate (if any) is entitled
to attend the meeting and, when so attending, is taken to be a
member of the Panel.
(4) If a person appointed by a body mentioned in paragraph 31 (b),
(c), (d) or (e) ceases to hold office as a member:
(a) the person who was the person’s alternate under
subregulation (3) immediately before the person ceased to
hold office; or
(b) in the absence of an alternate under paragraph (a), a
person who was, under subregulation (2), available to be
the alternate of the person who ceased to hold office;
is entitled to attend meetings of the Panel while the office is
vacant and, when so attending, is taken to be a member of the
Panel.
(5) The person described in paragraph (4) (a) or (b) is taken to be
the alternate of a person nominated to the vacant office until a
new alternate is appointed.
35 Quorum
At a meeting of the Panel, a quorum consists of the chairperson
and 2 other members.
36 Meetings
(1) Meetings of the Panel are to be held at the times and places that
the chairperson directs.
(2) The chairperson is to preside at meetings of the Panel at which
he or she is present.
(3) If the chairperson or chairperson’s alternate is absent from a
meeting, a member nominated by the chairperson or, if no
member is nominated, a member chosen by the members of the
Panel present at the meeting, is to preside.
(4) A question arising at a meeting of the Panel is to be decided by
a majority of the votes of the members present and voting, with
the person presiding at the meeting having a casting vote.
37 Effect of vacancy
The exercise of a power or performance of a function of the
Panel is not affected by any vacancy in the membership of the
Panel.
38 Disclosure of interest
(1) A member of the Panel (including a person taken to be a
member under regulation 34) who has a direct or indirect
pecuniary interest in a matter being considered or about to be
considered at a meeting of the Panel must, as soon as possible
after the relevant facts have come to the member’s knowledge,
disclose the nature of the interest at a meeting of the Panel.
(2) The disclosure is to be recorded in the minutes of the meeting
and the member must not, unless the Panel otherwise
determines:
(a) be present during any deliberation of the Panel about the
matter; or
(b) take part in any decision of the Panel about the matter.
41 Application signatory
(1) The nominated delegate of a RAW applicant may authorise, in
writing, a person (the application signatory) to act on behalf of
the applicant in making an application and obtaining approval
as a registered automotive workshop.
(2) A person authorised as an application signatory must have a
key personnel function in the applicant’s organisation.
(3) An application signatory has, for the purposes mentioned in
subregulation (1), all the powers and responsibilities of the
nominated delegate under these Regulations.
46 Nominated delegate
(1) For paragraph 42 (f), a RAW applicant must nominate as a
delegate a person who has a key personnel function in the
applicant’s organisation.
(2) The nominated delegate is responsible for ensuring that the
applicant complies with the provisions of the Act, these
Regulations and the conditions of the applicant’s RAW
approval.
(3) Subregulation (2) does not apply if the applicant has a sponsor.
Note An applicant not incorporated in Australia must have a sponsor who
is to be responsible for ensuring that the applicant complies with the RAW
approval — see regulation 50.
47 Modification facility
(1) For paragraph 42 (g), a RAW applicant must have a
modification facility as part of the automotive workshop for
which registration approval is sought.
(2) The modification facility must have such equipment and
trained personnel as are necessary to ensure that used imported
vehicles meet the requirements set out in guidelines determined
under subsection 13D (3) of the Act.
Note For strict liability, see section 6.1 of the Criminal Code.
Regulation 61
Part 6 Miscellaneous
60 Fees
(1) There is payable to the Commonwealth, in respect of a matter
specified in an item in Schedule 2, the fee specified in that
item.
(2) Subject to subregulation 61 (1), a fee for an application is
payable at the time of making the application.
(3) A fee for an inspection or for advice is payable at the time of
requesting the inspection or advice.
(4) Subject to subregulation 61 (4), a fee for renewal of a RAW
approval is payable on or before the day on which the approval
ceases to be in force.
(5) If an application for a RAW approval is refused or withdrawn
at any time before, or immediately after, the expiry of the
period mentioned in subregulation 51 (4), the applicant is
entitled to a refund of the fee paid less $500.
Regulation 62
62 Delegation by Minister
The Minister may by signed instrument delegate to the
Administrator, or to an SES employee in the Department, all or
any of the Minister’s functions or powers under these
Regulations.
CONSUMER INFORMATION
This vehicle complies with the Motor Vehicle Standards Act 1989 and is
fitted with a used import plate under the Registered Automotive
Workshop Scheme (RAWS) administered by the Federal Department of
Transport and Regional Services.
It has been imported from another country as a used vehicle. The vehicle
may not comply with the Australian Design Rules (ADRs) that apply to
new vehicles.
Service and replacement parts for this vehicle may not be available from
a recognised franchised dealer for this make of vehicle.
At the time the used import plate was fitted, this vehicle had the
following:
[In the case where seat belts are fitted to the vehicle, insert] Seat belts
that are securely fixed, functioning and in good condition
[In the case where windscreen wipers are fitted to the vehicle, insert]
New windscreen wiper blades
[In the case where evidence to ADR 30/…or an earlier version, and/or
ADR 70/… or an earlier version is held by the registered automotive
workshop for this vehicle, insert] The engine serviced to the
manufacturer’s specifications including a new air filter and fuel filter
[In the case where new brake pads/linings are fitted to the vehicle, insert]
New brake pads/linings
[In the case where evidence to ADR 36/… or an earlier version, or ADR
37/… or an earlier version is held by the registered automotive workshop
for this vehicle, insert] The engine management system serviced to the
manufacturer’s specifications including a new air filter, fuel filter and
charcoal canister
[In the case where evidence to ADR 36/… or an earlier version, or ADR
37/… or an earlier version is held by the registered automotive workshop
for this vehicle, and it requires a catalytic converter on this vehicle to be
replaced, insert] A new catalytic converter
[In the case where evidence to ADR 4/… or an earlier version, ADR
34/… or an earlier version, ADR 36/… or an earlier version, ADR 37/…
or an earlier version, or ADR 71/… or an earlier version is held by the
registered automotive workshop for this vehicle, insert all applicable
parts of] An owner’s manual (vehicle handbook) giving information on
seat belts, child restraints, starting, driving and maintenance of the
emission system and Temporary Use Spare Tyre
Schedule 2 Fees
(regulation 60)
Table of Instruments
Table of Instruments
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Repeal Table
Repeal Table
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Table A
4 Transitional
Regulation 17, as in force immediately before the
commencement of these amendments, continues to apply in the
following circumstances:
(a) a person intending to import a vehicle paid an amount in
relation to the intended importation of the vehicle before
7 February 2005;
(b) the vehicle was not imported before the commencement of
these amendments;
(c) the vehicle was manufactured before 1 January 1991;
Table A
Renumbering Table
Renumbering Table
Part 1 9I 19
Regulation Regulation 10 20
1 1 11 21
2 2 Division 4.2
3 3 13 22
Part 2 13A 23
4 (12) 4 13B 24
Part 3 13C 25
5 5 13D 26
6 6 13E 27
Part 4 13F 28
Division 4.1 13G 29
7 7 13H 30
8 8 13I 31
9 9 13J 32
9A 10 13K 33
9B 11 13L 34
9C 12 13M 35
9D 13 13N 36
9E 14 13O 37
9EA 15 13P 38
9EB 16 Part 5
9F 17 Division 5.1
9G 18 13Q 39
Renumbering Table