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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Road Vehicle Standards (Consequential
and Transitional Provisions) Bill 2018
No. , 2018
(Infrastructure, Regional Development and Cities)
A Bill for an Act to deal with consequential and
transitional matters in connection with the Road
Vehicle Standards Act 2018, and for related
purposes
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
i
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
ii
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
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
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
1
A Bill for an Act to deal with consequential and
1
transitional matters in connection with the Road
2
Vehicle Standards Act 2018, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Road Vehicle Standards (Consequential and
7
Transitional Provisions) Act 2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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.
2. Schedule 1
Immediately after the commencement of
section 12 of the Road Vehicle Standards
Act 2018.
3. Schedules 2
and 3
At the same time as section 15 of the Road
Vehicle Standards Act 2018 commences.
4. Schedule 4,
Part 1
At the same time as section 3 of the Road
Vehicle Standards Act 2018 commences.
5. Schedule 4,
Part 2
At the same time as section 15 of the Road
Vehicle Standards Act 2018 commences.
6. Schedule 4,
Part 3
The day after the end of the period of 12
months beginning on the day section 15 of
the Road Vehicle Standards Act 2018
commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Transitional national road vehicle standards Schedule 1
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
3
Schedule 1--Transitional national road vehicle
1
standards
2
3
1 Transitional national road vehicle standards for first 12
4
months
5
(1)
This item applies for the purposes of the operation of the following
6
during the period of 12 months beginning on the day the Road Vehicle
7
Standards Act 2018 receives the Royal Assent:
8
(a) provisions of that Act that commence on the day after that
9
Act receives the Royal Assent;
10
(b) any instruments made under those provisions.
11
(2)
A vehicle standard as in force from time to time under section 7 of the
12
Motor Vehicle Standards Act 1989 is taken also to be a national road
13
vehicle standard determined under section 12 of the Road Vehicle
14
Standards Act 2018.
15
Note:
See also item 2 of Schedule 3 in relation to the national road vehicle standards after the
16
repeal of the Motor Vehicle Standards Act 1989.
17
Schedule 2 Repeal of the Motor Vehicle Standards Act 1989
4
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
Schedule 2--Repeal of the Motor Vehicle
1
Standards Act 1989
2
3
Motor Vehicle Standards Act 1989
4
1 The whole of the Act
5
Repeal the Act.
6
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Introduction Part 1
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
5
Schedule 3--Transitional provisions
1
commencing on repeal of the Motor
2
Vehicle Standards Act 1989
3
Part 1--Introduction
4
1 Definitions
5
(1)
In this Schedule:
6
approved form means a form approved under item 28.
7
commencement means the day that this Schedule commences.
8
new law means the following laws:
9
(a) the Road Vehicle Standards Act 2018;
10
(b) the rules made under that Act;
11
(c) the national road vehicle standards determined under that
12
Act;
13
(d) any other instruments made under that Act or those rules;
14
(e) the Road Vehicle Standards Charges (Imposition--Customs)
15
Act 2018;
16
(f) the Road Vehicle Standards Charges (Imposition--Excise)
17
Act 2018;
18
(g) the Road Vehicle Standards Charges (Imposition--General)
19
Act 2018.
20
Note:
The national standards made under the Motor Vehicle Standards Act 1989 (also known
21
as the Australian Design Rules) are taken to be national road vehicle standards
22
determined under the Road Vehicle Standards Act 2018: see item 2 of this Schedule.
23
old law means the following laws, as in force immediately before
24
commencement:
25
(a) the Motor Vehicle Standards Act 1989 (other than sections 25
26
to 32);
27
(b) the Motor Vehicle Standards Regulations 1989;
28
(c) the national standards determined under the Motor Vehicle
29
Standards Act 1989 (also known as the Australian Design
30
Rules);
31
(d) the Motor Vehicle Standards (Approval to Place Used Import
32
Plates) Guidelines 2006 (No. 1);
33
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
Standards Act 1989
Part 1 Introduction
6
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
(e) the Motor Vehicle Standards (Placement of Used Import
1
Plates) Determination 2004 (No.1);
2
(f) the Motor Vehicle Standards (Procedures for Inspecting and
3
Testing Used Imported Vehicles) Determination 2002;
4
(g) the Motor Vehicle Standards (Registered Automotive
5
Workshops--Fit and Proper Persons) Determination 2002;
6
(h) the Motor Vehicle Standards (Road Vehicles)
7
Determination 2017;
8
(i) the Motor Vehicle Standards (Used Imported Vehicle Report)
9
Determination 2006 (No. 1).
10
transitional period means the 12 month period that begins on
11
commencement.
12
(2)
The following expressions used in this Schedule, that are also used in
13
the Road Vehicle Standards Act 2018, have the same meaning in this
14
Schedule as they have in that Act:
15
(a) import;
16
(b) provide;
17
(c) road vehicle type approval;
18
(d) rules;
19
(e) Secretary;
20
(f) SEVs Register.
21
(3)
To avoid doubt, if a provision of this Schedule provides that the new
22
law does not apply in relation to a matter, the provision has effect
23
subject to items 25 and 27.
24
Note:
Those items provide for certain provisions of the new law to apply in relation to this
25
Schedule and the old law (to the extent that the old law applies because of this
26
Schedule).
27
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
National standards Part 2
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
7
Part 2--National standards
1
2 Vehicle standards
2
A vehicle standard in force under section 7 of the Motor Vehicle
3
Standards Act 1989 immediately before commencement continues in
4
force as if it were a national road vehicle standard determined under
5
section 12 of the Road Vehicle Standards Act 2018.
6
3 Procedures for testing vehicles
7
Procedures relating to retaining records to continue in force
8
(1)
The Motor Vehicle Standards (Procedures for Inspecting and Testing
9
Used Imported Vehicles) Determination 2002 in force under section 9
10
of the Motor Vehicle Standards Act 1989 immediately before
11
commencement continues in force for the period of 7 years beginning
12
on commencement (the retention period) for the purposes of retaining
13
the records required by section 8 of the Determination.
14
(2)
To avoid doubt, a person to whom subitem (1) applies must retain the
15
records required by the Determination:
16
(a) even though the retention period ends after the end of the
17
transitional period; and
18
(b) even though the person ceases to be a registered automotive
19
workshop (within the meaning of the old law), whether
20
because the transitional period ends or otherwise.
21
Offence
--failure to retain records for retention period
22
(3)
A person commits an offence if:
23
(a) the person is required to retain a record because of
24
subitem (1); and
25
(b) the person does not retain the record for the period of 7 years
26
beginning on commencement.
27
Penalty: 60 penalty units.
28
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
Standards Act 1989
Part 3 Certification and approval
8
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
Part 3--Certification and approval
1
Division 1
--Identification plates
2
4 Approval for the placement of identification plates
--
3
subsections 10A(1) and (2)
4
Existing approvals to continue in force
5
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989, if an
6
approval:
7
(a) was given under subsection 10A(1) or (2) of that Act in
8
relation to vehicles of a particular type; and
9
(b) is in force immediately before commencement;
10
the approval is taken to continue in force during the transitional period
11
subject to the provisions of the old law.
12
Pending applications
13
(2)
If, before commencement:
14
(a) a person applied to the Minister for an approval under
15
subsection 10A(1) or (2) of the Motor Vehicle Standards Act
16
1989 in relation to vehicles of a particular type; and
17
(b) the Minister had not decided the application;
18
then:
19
(c) the Minister must decide the application in accordance with
20
the old law; and
21
(d) if the Minister decides to give written approval--the
22
approval:
23
(i) comes into force on the day specified by the Minister in
24
the approval; and
25
(ii) continues in force during the transitional period subject
26
to the provisions of the old law.
27
New law does not apply
28
(3)
If an approval continues, or is taken to continue, in force during the
29
transitional period subject to the provisions of the old law by force of
30
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Certification and approval Part 3
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
9
this item, then the new law does not apply, during the transitional
1
period, to:
2
(a) the importation of vehicles to which the approval applies; and
3
(b) the provision of vehicles that have had identification plates
4
placed on them in accordance with the approval.
5
5 Transition of approval for the placement of identification
6
plates to a road vehicle type approval
7
(1)
If:
8
(a) a person is the holder of:
9
(i) an approval under subsection 10A(1) or (2) of the Motor
10
Vehicle Standards Act 1989 that is in force immediately
11
before commencement, as mentioned in subitem 4(1); or
12
(ii) an approval under subsection 10A(1) or (2) of the Motor
13
Vehicle Standards Act 1989 because of a decision by the
14
Minister allowed by subitem 4(2); and
15
(b) during the 6 month period beginning immediately after
16
commencement, the person:
17
(i) provides to the Minister, in the approved form, written
18
acknowledgement of the conditions applying to road
19
vehicle type approvals, as set out in the rules, and that
20
breach of any of those conditions is an offence under the
21
new law; and
22
(ii) provides to the Minister, in the approved form, a signed
23
declaration that the person satisfies the conditions
24
applying to road vehicle type approvals, as set out in the
25
rules, in respect of the type of vehicle covered by an
26
approval mentioned in paragraph (a) (an old approval);
27
and
28
(iii) pays the charges payable for the purposes of this
29
paragraph;
30
then:
31
(c) the person is taken to have been granted a road vehicle type
32
approval under the rules in respect of the type of vehicle
33
covered by the old approval for the 5 year period beginning
34
on the day that paragraph (b) is satisfied (the new approval);
35
and
36
(d) on that day, the old approval ceases to be in force.
37
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
Standards Act 1989
Part 3 Certification and approval
10
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
(2)
The following provisions have effect in relation to paragraph (1)(b):
1
(a) the written acknowledgement mentioned in
2
subparagraph (1)(b)(i) is, for the purposes of section 32 of the
3
Road Vehicle Standards Act 2018, information given, or
4
purportedly given, under or for the purpose of the rules;
5
(b) the declaration mentioned in subparagraph (1)(b)(ii) is, for
6
the purposes of section 31 of the Road Vehicle Standards Act
7
2018, taken to be made in an application for an approval
8
under the rules.
9
Note:
This means that offences and civil penalty provisions for giving false or misleading
10
information or making a false or misleading declaration apply to the making of an
11
acknowledgement and a declaration under paragraph (1)(b).
12
(3)
The following provisions have effect in relation to the new approval:
13
(a) evidence that enabled the Minister to grant the old approval
14
is taken to be sufficient to satisfy continued compliance with
15
the relevant criteria for granting the new approval under the
16
rules:
17
(i) unless the evidence is found to be false or misleading,
18
or is found to omit any matter or thing without which
19
the evidence is misleading; or
20
(ii) unless, and to the extent that, the person seeks a
21
variation of the new approval under the rules;
22
(b) if a person seeks a variation of the new approval under the
23
rules, to the extent of the variation, evidence of a kind
24
mentioned in paragraph (a) will not be sufficient to meet the
25
evidential requirements of the rules;
26
(c) any written conditions to which the old approval was subject
27
are taken to be conditions that are specified in the new
28
approval under the rules;
29
(d) evidence that demonstrated that conditions of the old
30
approval were satisfied is taken to be sufficient to satisfy the
31
relevant conditions of the new approval under the rules:
32
(i) unless the evidence is found to be false or misleading,
33
or is found to omit any matter or thing without which
34
the evidence is misleading; or
35
(ii) unless, and to the extent that, the person seeks a
36
variation of the new approval under the rules;
37
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Certification and approval Part 3
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
11
(e) to the extent that a written condition to which the old
1
approval was subject is inconsistent with:
2
(i) a condition to which a road vehicle type approval is
3
subject under the rules; or
4
(ii) a requirement of the rules;
5
then, to the extent of the inconsistency, the rules prevail.
6
(4)
To avoid doubt, if a person is taken to have been granted a road vehicle
7
type approval under the rules because of subitem (1), then the approval
8
is subject to the new law.
9
(5)
To avoid doubt, if:
10
(a) a person is the holder of an old approval; and
11
(b) during the 6 month period beginning immediately after
12
commencement, the person does not take all of the actions
13
required by paragraph (1)(b);
14
then, the person's approval ceases to be in force at the end of the
15
transitional period (unless earlier cancelled or suspended under the old
16
law).
17
6 Approval for the placement of identification plates
--
18
subsection 10A(3)
19
Existing approvals to continue in force
20
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989, if an
21
approval was given under subsection 10A(3) of that Act and in force
22
immediately before commencement, the approval is taken to continue in
23
force during the transitional period subject to the provisions of the old
24
law.
25
Pending applications
26
(2)
If, before commencement:
27
(a) a person applied to the Minister for an approval under
28
subsection 10A(3) of the Motor Vehicle Standards Act 1989;
29
and
30
(b) the Minister had not decided the application;
31
then:
32
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
Standards Act 1989
Part 3 Certification and approval
12
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
(c) the Minister must decide the application in accordance with
1
the old law; and
2
(d) if the Minister decides to give written approval--the
3
approval:
4
(i) comes into force on the day specified by the Minister in
5
the approval; and
6
(ii) continues in force during the transitional period subject
7
to the provisions of the old law.
8
New law does not apply
9
(3)
If an approval continues, or is taken to continue, in force during the
10
transitional period subject to the provisions of the old law by force of
11
this item, then the new law does not apply, during the transitional
12
period, to the provision of vehicles that have had identification plates
13
placed on them in accordance with the approval.
14
7 Offences in relation to identification plates
15
Despite the repeal of section 12 of the Motor Vehicle Standards Act
16
1989, that section, and any other provision of the old law (to the extent
17
to which it relates to that section), continue in force during the
18
transitional period.
19
Division 2
--Used import plates
20
8 Application for approval to place a used import plate
21
Applications allowed during transitional period
22
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989:
23
(a) an application may be made under section 13C of that Act
24
during the transitional period for an approval to place a plate
25
on a used imported vehicle; and
26
(b) the provisions of the old law continue to apply in relation to
27
the application and the granting of an approval under
28
section 13D of that Act.
29
New law does not apply
30
(2)
If an approval is granted because of an application allowed by this item:
31
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Certification and approval Part 3
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
13
(a) the approval remains in force during the transitional period
1
subject to the provisions of the old law; and
2
(b) the new law does not apply, during the transitional period, to
3
the provision of used imported vehicles that have had used
4
import plates placed on them in accordance with the
5
approval.
6
Number limits on placement of used import plates to apply
7
(3)
To avoid doubt, the limits on the number of used import plates set out in
8
regulation 6 of the Motor Vehicle Standards Regulations 1989 apply in
9
relation to an approval granted because of an application allowed by
10
this item.
11
9 Grant of approval
12
Existing approvals to continue in force
13
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989, if an
14
approval was granted under section 13D of that Act and in force
15
immediately before commencement, the approval is taken to continue in
16
force during the transitional period subject to the provisions of the old
17
law.
18
Pending applications
19
(2)
If, before commencement:
20
(a) a registered automotive workshop applied to the Minister for
21
an approval under section 13C of the Motor Vehicle
22
Standards Act 1989; and
23
(b) the Minister had not decided the application;
24
then:
25
(c) the Minister must decide the application in accordance with
26
the old law; and
27
(d) if the Minister decides to grant the approval--the approval:
28
(i) comes into force on the day specified by the Minister in
29
the approval; and
30
(ii) continues in force during the transitional period subject
31
to the provisions of the old law.
32
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
Standards Act 1989
Part 3 Certification and approval
14
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
New law does not apply
1
(3)
If an approval continues, or is taken to continue, in force during the
2
transitional period subject to the provisions of the old law by force of
3
this item, then the new law does not apply, during the transitional
4
period, to the provision of used imported vehicles that have had used
5
import plates placed on them in accordance with the approval.
6
Number limits on placement of used import plates to apply
7
(4)
To avoid doubt, the limits on the number of used import plates set out in
8
regulation 6 of the Motor Vehicle Standards Regulations 1989 apply in
9
relation to an approval continued, or taken to continue, in force during
10
the transitional period by force of this item.
11
10 Offence in relation to the placement of used import plates
12
Despite the repeal of section 13G of the Motor Vehicle Standards Act
13
1989, that section, and any other provision of the old law (to the extent
14
to which it relates to that section), continue in force during the
15
transitional period.
16
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Supply and importation of vehicles Part 4
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
15
Part 4--Supply and importation of vehicles
1
Division 1
--Supply of new vehicles etc.
2
11 Supply of nonstandard vehicles
3
Existing approvals to continue in force
4
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989, if:
5
(a) an approval was given under section 14A of that Act and in
6
force immediately before commencement; or
7
(b) an approval was given under regulation 20 of the Motor
8
Vehicle Standards Regulations 1989 for a vehicle to be
9
supplied to the market and the approval was in force
10
immediately before commencement;
11
the approval is taken to continue in force during the transitional period
12
subject to the provisions of the old law.
13
Pending applications
14
(2)
If, before commencement:
15
(a) a person applied to the Minister for:
16
(i) an approval under section 14A of the Motor Vehicle
17
Standards Act 1989; or
18
(ii) an approval under regulation 20 of the Motor Vehicle
19
Standards Regulations 1989 for a vehicle to be supplied
20
to the market; and
21
(b) the Minister had not decided the application;
22
then:
23
(c) the Minister must decide the application in accordance with
24
the old law; and
25
(d) if the Minister decides to give written approval--the
26
approval:
27
(i) comes into force on the day specified by the Minister in
28
the approval; and
29
(ii) continues in force during the transitional period subject
30
to the provisions of the old law.
31
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
Standards Act 1989
Part 4 Supply and importation of vehicles
16
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
New law does not apply
1
(3)
If an approval continues, or is taken to continue, in force during the
2
transitional period subject to the provisions of the old law by force of
3
this item, then the new law does not apply, during the transitional
4
period, to the provision of a vehicle in accordance with the approval.
5
12 Transition of approval to supply nonstandard vehicles to a
6
road vehicle type approval
7
(1)
If:
8
(a) a person is the holder of:
9
(i) an approval under section 14A of the Motor Vehicle
10
Standards Act 1989 or regulation 20 of the Motor
11
Vehicle Standards Regulations 1989 that is in force
12
immediately before commencement, as mentioned in
13
subitem 11(1); or
14
(ii) an approval under section 14A of the Motor Vehicle
15
Standards Act 1989 or regulation 20 of the Motor
16
Vehicle Standards Regulations 1989 because of a
17
decision by the Minister allowed by subitem 11(2); and
18
(b) during the 6 month period beginning immediately after
19
commencement, the person:
20
(i) provides to the Minister, in the approved form, written
21
acknowledgement of the conditions applying to road
22
vehicle type approvals, as set out in the rules, and that
23
breach of any of those conditions is an offence under the
24
new law; and
25
(ii) provides to the Minister, in the approved form, a signed
26
declaration that the person satisfies the conditions
27
applying to road vehicle type approvals, as set out in the
28
rules, in respect of the type of vehicle covered by an
29
approval mentioned in paragraph (a) (the old approval);
30
and
31
(iii) pays the charges payable for the purposes of this
32
paragraph;
33
then:
34
(c) the person is taken to have been granted a road vehicle type
35
approval under the rules in respect of the type of vehicle
36
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Supply and importation of vehicles Part 4
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
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17
covered by the old approval for the 5 year period beginning
1
on the day that paragraph (b) is satisfied (the new approval);
2
and
3
(d) on that day, the old approval ceases to be in force.
4
(2)
The following provisions have effect in relation to paragraph (1)(b):
5
(a) the written acknowledgement mentioned in
6
subparagraph (1)(b)(i) is, for the purposes of section 32 of the
7
Road Vehicle Standards Act 2018, information given, or
8
purportedly given, under or for the purpose of the rules;
9
(b) the declaration mentioned in subparagraph (1)(b)(ii) is, for
10
the purposes of section 31 of the Road Vehicle Standards Act
11
2018, taken to be made in an application for an approval
12
under the rules.
13
Note:
This means that offences and civil penalty provisions for giving false or misleading
14
information or making a false or misleading declaration apply to the making of an
15
acknowledgement and a declaration under paragraph (1)(b).
16
(3)
The following provisions have effect in relation to the new approval:
17
(a) evidence that enabled the Minister to grant the old approval
18
is taken to be sufficient to satisfy continued compliance with
19
the relevant criteria for granting the new approval under the
20
rules:
21
(i) unless the evidence is found to be false or misleading,
22
or is found to omit any matter or thing without which
23
the evidence is misleading; or
24
(ii) unless, and to the extent that, the person seeks a
25
variation of the new approval under the rules;
26
(b) if a person seeks a variation of the new approval under the
27
rules, to the extent of the variation, evidence of a kind
28
mentioned in paragraph (a) will not be sufficient to meet the
29
evidential requirements of the rules;
30
(c) any written conditions to which the old approval was subject
31
are taken to be conditions that are specified in the new
32
approval under the rules;
33
(d) evidence that demonstrated that conditions of the old
34
approval were satisfied is taken to be sufficient to satisfy the
35
relevant conditions of the new approval under the rules:
36
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Road Vehicle Standards (Consequential and Transitional Provisions)
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(i) unless the evidence is found to be false or misleading,
1
or is found to omit any matter or thing without which
2
the evidence is misleading; or
3
(ii) unless, and to the extent that, the person seeks a
4
variation of the new approval under the rules;
5
(e) to the extent that a written condition to which the old
6
approval was subject is inconsistent with:
7
(i) a condition to which a road vehicle type approval is
8
subject under the rules; or
9
(ii) a requirement of the rules;
10
then, to the extent of the inconsistency, the rules prevail.
11
(4)
To avoid doubt, if a person is taken to have been granted a road vehicle
12
type approval under the rules because of subitem (1), then the approval
13
is subject to the new law.
14
(5)
To avoid doubt, if:
15
(a) a person is the holder of an old approval; and
16
(b) during the 6 month period beginning immediately after
17
commencement, the person does not take all of the actions
18
required by paragraph (1)(b);
19
then the person's approval ceases to be in force at the end of the
20
transitional period (unless earlier cancelled or suspended under the old
21
law).
22
Division 2
--Supply of used imported vehicles
23
13 Supply of used imported vehicles
24
Existing approvals to continue in force
25
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989, if an
26
approval was given under regulation 11, 12, 13 or 17 of the Motor
27
Vehicle Standards Regulations 1989 and in force immediately before
28
commencement, the approval is taken to continue in force during the
29
transitional period subject to the provisions of the old law.
30
Note:
See also paragraph 16(1)(d) of the Motor Vehicle Standards Act 1989 and regulation 7
31
of the Motor Vehicle Standards Regulations 1989.
32
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Supply and importation of vehicles Part 4
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Road Vehicle Standards (Consequential and Transitional Provisions)
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Pending applications
1
(2)
If, before commencement:
2
(a) a person applied to the Minister for an approval under
3
regulation 11, 12, 13 or 17 of the Motor Vehicle Standards
4
Regulations 1989; and
5
(b) the Minister had not decided the application;
6
then:
7
(c) the Minister must decide the application in accordance with
8
the old law; and
9
(d) if the Minister decides to give written approval--the
10
approval:
11
(i) comes into force on the day specified by the Minister in
12
the approval; and
13
(ii) continues in force during the transitional period subject
14
to the provisions of the old law.
15
New law does not apply
16
(3)
If an approval continues in force during the transitional period subject
17
to the provisions of the old law by force of this item, then the new law
18
does not apply, during the transitional period, to:
19
(a) the importation of a vehicle in accordance with the approval;
20
and
21
(b) the provision of a vehicle imported in accordance with the
22
approval.
23
Division 3
--Import of new and used vehicles
24
14 Importation of road vehicles subject to conditions
25
Despite the repeal of section 17 of the Motor Vehicle Standards Act
26
1989, that section, and any other provision of the old law (to the extent
27
to which it relates to that section), continue in force during the
28
transitional period.
29
15 Authority to take delivery of imported vehicles
30
Despite the repeal of section 17A of the Motor Vehicle Standards Act
31
1989:
32
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
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Part 4 Supply and importation of vehicles
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Road Vehicle Standards (Consequential and Transitional Provisions)
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(a) that section continues in force during the transitional period
1
in relation to a vehicle that may be imported during the
2
transitional period in accordance with that Act, as provided
3
for by this Schedule; and
4
(b) an approval may be granted under that section during the
5
transitional period for the delivery of a vehicle imported
6
before or during the transitional period; and
7
(c) if an approval was granted under that section before the
8
transitional period for the delivery of a vehicle--the approval
9
continues to allow delivery of the vehicle to be taken during
10
the transitional period; and
11
(d) the authorisation of an officer of the Department by the
12
Minister under that section and in force immediately before
13
commencement continues in force during the transitional
14
period; and
15
(e) the Minister may authorise an officer of the Department to
16
give approvals under that section during the transitional
17
period.
18
16 Importation of vehicles requiring modification
19
Existing approvals to continue in force
20
(1)
If:
21
(a) before commencement, the Minister gave written approval to
22
a person under subsection 19(1) of the Motor Vehicle
23
Standards Act 1989 in relation to a vehicle; and
24
(b) at commencement, the person had not imported the vehicle to
25
which the approval relates;
26
then:
27
(c) the approval is taken to continue in force during the
28
transitional period; and
29
(d) before the end of the transitional period, the person may
30
import the vehicle in accordance with the approval given
31
under the old law; and
32
(e) the old law applies to the imported vehicle during the
33
transitional period.
34
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Supply and importation of vehicles Part 4
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Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
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Pending applications
1
(2)
If, before commencement:
2
(a) a person applied to the Minister for an approval under
3
section 19 of the Motor Vehicle Standards Act 1989 in
4
relation to a vehicle; and
5
(b) the Minister had not decided the application;
6
then:
7
(c) the Minister must decide the application in accordance with
8
the old law; and
9
(d) if the Minister grants the approval--both:
10
(i) the person may, before the end of the transitional
11
period, import the vehicle in accordance with the
12
approval given under the old law; and
13
(ii) the old law applies to the imported vehicle during the
14
transitional period.
15
New law does not apply
16
(3)
If an approval given under subsection 19(1) of the Motor Vehicle
17
Standards Act 1989:
18
(a) is taken to continue in force under this item during the
19
transitional period subject to the provisions of the old law; or
20
(b) is granted during the transitional period subject to the
21
provisions of the old law;
22
then the new law does not apply, during the transitional period, to
23
actions taken in accordance with the approval.
24
17 Approval to import certain nonstandard vehicles
25
Existing approvals to continue in force
26
(1)
If:
27
(a) before commencement, the Minister gave written approval to
28
a person under a regulation made for the purposes of
29
paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989
30
(other than regulation 11, 12, 13 or 17 of the Motor Vehicle
31
Standards Regulations 1989) in relation to a vehicle; and
32
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Part 4 Supply and importation of vehicles
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Road Vehicle Standards (Consequential and Transitional Provisions)
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(b) at commencement, the person had not imported the vehicle to
1
which the approval relates;
2
then:
3
(c) the approval is taken to continue in force during the
4
transitional period; and
5
(d) before the end of the transitional period, the person may
6
import the vehicle in accordance with the approval given
7
under the old law (including any written conditions
8
determined by the Minister); and
9
(e) the old law applies to the imported vehicle during the
10
transitional period.
11
Pending applications
12
(2)
If, before commencement:
13
(a) a person applied to the Minister for an approval under a
14
regulation made for the purposes of paragraph 20(1)(b) of the
15
Motor Vehicle Standards Act 1989 (other than regulation 11,
16
12, 13 or 17 of the Motor Vehicle Standards
17
Regulations 1989) in relation to a vehicle; and
18
(b) the Minister had not decided the application;
19
then:
20
(c) the Minister must decide the application in accordance with
21
the old law; and
22
(d) if the Minister grants written approval--both:
23
(i) the person may, before the end of the transitional
24
period, import the vehicle in accordance with the
25
approval given under the old law (including any written
26
conditions determined by the Minister); and
27
(ii) the old law applies to the imported vehicle during the
28
transitional period.
29
New applications
30
(3)
If a person holds an approval:
31
(a) under subsection 10A(3) of the Motor Vehicle Standards Act
32
1989 that continues, or is taken to continue, in force during
33
the transitional period by force of item 6 of this Schedule; or
34
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Supply and importation of vehicles Part 4
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
23
(b) under section 14A of that Act or regulation 20 of the Motor
1
Vehicle Standards Regulations 1989 that continues, or is
2
taken to continue, in force during the transitional period by
3
force of item 11 of this Schedule;
4
then:
5
(c) the person may apply, during the transitional period, for an
6
approval in accordance with regulation 14 of the Motor
7
Vehicle Standards Regulations 1989, as in force immediately
8
before commencement, to the extent that the application
9
relates to the approval the person holds, as mentioned in
10
paragraph (a) or (b); and
11
(d) the Minister must decide the application in accordance with
12
the old law; and
13
(e) if the Minister gives written approval--both:
14
(i) the person may, before the end of the transitional
15
period, import a vehicle in accordance with the approval
16
given under the old law (including any written
17
conditions determined by the Minister); and
18
(ii) the old law applies to the imported vehicle during the
19
transitional period.
20
New law does not apply
21
(4)
If an approval given under a regulation made for the purposes of
22
paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than
23
regulation 11, 12, 13 or 17 of the Motor Vehicle Standards
24
Regulations 1989):
25
(a) is taken to continue in force under this item during the
26
transitional period subject to the provisions of the old law; or
27
(b) is granted during the transitional period subject to the
28
provisions of the old law;
29
then the new law does not apply, during the transitional period, to
30
actions taken in accordance with the approval.
31
18 Register of Specialist and Enthusiast Vehicles
32
(1)
Despite the repeal of section 21 of the Motor Vehicle Standards Act
33
1989, the Register of Specialist and Enthusiast Vehicles established
34
under that section:
35
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
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Part 4 Supply and importation of vehicles
24
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
(a) is to continue in existence during the transitional period; and
1
(b) must be maintained by the Minister during the transitional
2
period in accordance with the old law.
3
(2)
If:
4
(a) immediately before commencement, a road vehicle was
5
entered on the Register of Specialist and Enthusiast Vehicles
6
established under section 21 of the Motor Vehicle Standards
7
Act 1989; and
8
(b) the Minister considers that it is for the benefit of the
9
Australian community to include a vehicle of that kind on the
10
SEVs Register;
11
then:
12
(c) even if the vehicle does not meet the criteria set out in the
13
rules, the Minister may, during the transitional period and
14
despite the new law, enter the vehicle on the SEVs Register;
15
and
16
(d) if the vehicle is so entered, the entry of the vehicle on the
17
SEVs Register is subject to the new law.
18
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Registered automotive workshops Part 5
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
25
Part 5--Registered automotive workshops
1
19 Approval as a registered automotive workshop
2
Existing approvals to continue in force
3
(1)
Despite the repeal of the Motor Vehicle Standards Act 1989, if:
4
(a) an approval was granted under section 21B of that Act and in
5
force immediately before commencement; or
6
(b) an approval granted under section 21B of that Act had been
7
renewed under section 21C of that Act and was in force
8
immediately before commencement;
9
the approval is taken to continue in force during the transitional period
10
subject to the provisions of the old law.
11
(2)
However, if an approval mentioned in subitem (1) was in force
12
immediately before commencement because subsection 21C(6) of the
13
Motor Vehicle Standards Act 1989 applied, then the approval is taken to
14
continue in force during the transitional period (subject to the provisions
15
of the old law) until a decision is made about whether to renew the
16
approval, as mentioned in subitem (4).
17
Pending applications
18
(3)
If, before commencement:
19
(a) a corporation applied to the Minister for an approval under
20
section 21A of the Motor Vehicle Standards Act 1989; and
21
(b) the Minister had not decided the application;
22
then:
23
(c) the Minister must decide the application in accordance with
24
the old law; and
25
(d) if the Minister decides to grant the approval--the approval:
26
(i) comes into force on the day specified by the Minister in
27
the approval; and
28
(ii) continues in force during the transitional period subject
29
to the provisions of the old law.
30
(4)
If, before commencement:
31
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Part 5 Registered automotive workshops
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Road Vehicle Standards (Consequential and Transitional Provisions)
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No. , 2018
(a) a corporation applied to the Minister for the renewal of an
1
approval under section 21C of the Motor Vehicle Standards
2
Act 1989; and
3
(b) the Minister had not decided the application;
4
then:
5
(c) the Minister must decide the application in accordance with
6
the old law; and
7
(d) if the Minister decides to renew the approval--the approval:
8
(i) comes into force on the day the approval is renewed;
9
and
10
(ii) continues in force during the transitional period subject
11
to the provisions of the old law.
12
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Continuation of certain conditions Part 6
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
27
Part 6--Continuation of certain conditions
1
20 Obligation to comply with certain conditions after the end
2
of the transitional period
3
(1)
If:
4
(a) an approval:
5
(i) is continued, or is taken to continue, in force during the
6
transitional period because of this Schedule; or
7
(ii) is granted because of this Schedule; and
8
(b) a condition specified in the approval is that the holder of the
9
approval retain a record for a period (the retention period);
10
the holder must retain the record for the retention period:
11
(c) even if the retention period ends after the end of the
12
transitional period; and
13
(d) even though the approval ceases to be in force, whether
14
because the transitional period ends or otherwise.
15
(2)
If:
16
(a) an approval:
17
(i) is continued, or is taken to continue, in force during the
18
transitional period because of this Schedule; or
19
(ii) is granted because of this Schedule; and
20
(b) a condition specified in the approval is that the holder of the
21
approval export or destroy a vehicle to which the approval
22
applies within a period (the disposal period);
23
the holder must export or destroy the vehicle during the disposal period:
24
(c) even if the disposal period ends after the end of the
25
transitional period; and
26
(d) even though the approval ceases to be in force, whether
27
because the transitional period ends or otherwise.
28
21 Offences
--breach of continued conditions
29
(1)
A person commits an offence if:
30
(a) the person was the holder of an approval that:
31
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
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Part 6 Continuation of certain conditions
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Road Vehicle Standards (Consequential and Transitional Provisions)
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No. , 2018
(i) was continued, or was taken to continue, in force during
1
the transitional period because of this Schedule; or
2
(ii) was granted because of this Schedule; and
3
(b) a condition specified in the approval was that the holder of
4
the approval retain a record; and
5
(c) the condition requires the record to be retained for a period
6
(the retention period) that ends after the end of the
7
transitional period; and
8
(d) the person does not retain the record for the retention period.
9
Penalty: 60 penalty units.
10
(2)
A person commits an offence if:
11
(a) the person was the holder of an approval that:
12
(i) was continued, or was taken to continue, in force during
13
the transitional period; or
14
(ii) was granted because of this Schedule; and
15
(b) a condition of the approval was that the holder of the
16
approval export or destroy a vehicle to which the approval
17
applies; and
18
(c) the condition requires the vehicle to be exported or destroyed
19
within a period specified in the approval (the disposal period)
20
that ends after the end of the transitional period; and
21
(d) the vehicle is not exported or destroyed within the disposal
22
period.
23
Penalty: 60 penalty units.
24
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Administration Part 7
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
29
Part 7--Administration
1
22 Appointment of Administrator and Associate
2
Administrator
3
Despite the repeal of section 22 of the Motor Vehicle Standards Act
4
1989, for the purposes of the old law as continued in force by this
5
Schedule:
6
(a) the person holding office as the Administrator under that
7
section immediately before commencement continues to hold
8
that office during the transitional period; and
9
(b) a person holding office as an Associate Administrator under
10
that section immediately before commencement continues to
11
hold that office during the transitional period; and
12
(c) the Administrator and each Associate Administrator continue
13
to have the same functions and powers under the old law
14
during the transitional period; and
15
(d) the Secretary may appoint a person to be an Administrator or
16
Associate Administrator under that section during the
17
transitional period.
18
23 Delegation by Minister
19
Despite the repeal of the Motor Vehicle Standards Act 1989:
20
(a) any instrument of delegation in force under section 23 of that
21
Act immediately before commencement continues in force
22
during the transitional period; and
23
(b) any instrument of delegation in force under regulation 62 of
24
the Motor Vehicle Standards Regulations 1989 immediately
25
before commencement continues in force during the
26
transitional period; and
27
(c) the Minister may, by signed instrument, delegate to the
28
Administrator or an Associate Administrator during the
29
transitional period:
30
(i) the functions or powers allowed by section 23 of that
31
Act; or
32
(ii) all or any of the Minister's functions or powers under
33
those Regulations; or
34
Schedule 3 Transitional provisions commencing on repeal of the Motor Vehicle
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Part 7 Administration
30
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
(iii) all or any of the Minister's functions or powers under
1
this Schedule, other than item 29.
2
24 Fees
3
Despite the repeal of section 24 of the Motor Vehicle Standards Act
4
1989, the following provisions continue in force during the transitional
5
period:
6
(a) section 24 of that Act, and any other provision of the old law
7
(to the extent to which it relates to that section);
8
(b) Part 6 of, and Schedule 2 to, the Motor Vehicle Standards
9
Regulations 1989.
10
25 Compliance and enforcement
11
The following provisions have effect:
12
(a) Divisions 2 to 4 of Part 4 of the Road Vehicle Standards Act
13
2018 apply for the purposes of ensuring compliance with:
14
(i) the old law during the transitional period; and
15
(ii) this Schedule;
16
(b) for the purposes of ensuring that compliance, those Divisions
17
apply as if references to "this Act" in those Divisions were
18
references to:
19
(i) this Schedule and any rules made under item 29 of this
20
Schedule; and
21
(ii) the old law, to the extent that it applies because of this
22
Schedule.
23
Note:
Those Divisions allow inspectors to be appointed and trigger monitoring and
24
investigation powers under the Regulatory Powers (Standard Provisions) Act 2014.
25
Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989
Schedule 3
Court proceedings Part 8
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
31
Part 8--Court proceedings
1
26 Evidentiary certificates
2
Despite the repeal of section 34 of the Motor Vehicle Standards Act
3
1989:
4
(a) that section is taken to apply, on and after commencement, in
5
relation to conduct:
6
(i) constituting an offence against section 14, 15, 16 or 19
7
of that Act; and
8
(ii) engaged in before or during the transitional period; and
9
(b) the authorisation of a person by the Minister under that
10
section and in force immediately before commencement
11
continues in force during the transitional period.
12
27 Legal proceedings not to lie
13
(1)
Despite the repeal of section 37 of the Motor Vehicle Standards Act
14
1989, that section, and any other provision of the old law (to the extent
15
to which it relates to that section), continue in force during the
16
transitional period.
17
(2)
Section 81 of the Road Vehicle Standards Act 2018 applies in relation to
18
this Schedule as if references to "this Act" in that section were
19
references to:
20
(a) this Schedule and any rules made under item 29 of this
21
Schedule; and
22
(b) the old law, to the extent that it applies because of this
23
Schedule.
24
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Standards Act 1989
Part 9 Miscellaneous
32
Road Vehicle Standards (Consequential and Transitional Provisions)
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No. , 2018
Part 9--Miscellaneous
1
28 Approved forms
2
The Secretary may, in writing, approve a form for the purposes of an
3
item of this Schedule.
4
29 Transitional rules
5
(1)
The Minister may, by legislative instrument, make rules prescribing
6
matters of a transitional nature (including prescribing any saving or
7
application provisions) relating to:
8
(a) the amendments or repeals made by this Act; or
9
(b) the enactment of this Act or the Road Vehicle Standards Act
10
2018.
11
(2)
To avoid doubt, the rules may not do the following:
12
(a) create an offence or civil penalty;
13
(b) provide powers of:
14
(i) arrest or detention; or
15
(ii) entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20
(3)
This Act (other than subitem (2)) does not limit the rules that may be
21
made for the purposes of subitem (1).
22
Consequential amendments Schedule 4
Amendments commencing day after Royal Assent Part 1
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
33
Schedule 4--Consequential amendments
1
Part 1--Amendments commencing day after Royal
2
Assent
3
Age Discrimination Act 2004
4
1 Schedule 1 (after table item 41)
5
Insert:
6
42
Rules made under the Road Vehicle Standards Act 2018
Schedule 4 Consequential amendments
Part 2 Amendments commencing at beginning of transitional period
34
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
Part 2--Amendments commencing at beginning of
1
transitional period
2
A New Tax System (Luxury Car Tax) Act 1999
3
2 Subsection 25-1(4)
4
Omit "vehicle standards in force under section 7 of the Motor Vehicle
5
Standards Act 1989", substitute "national road vehicle standards in
6
force under section 12 of the Road Vehicle Standards Act 2018".
7
Customs Act 1901
8
3 At the end of subsection 229(1A)
9
Add "or the Road Vehicle Standards Act 2018".
10
Fuel Tax Act 2006
11
4 Section 110-5 (definition of Transport Minister)
12
Omit "Motor Vehicle Standards Act 1989", substitute "Road Vehicle
13
Standards Act 2018".
14
Interstate Road Transport Act 1985
15
5 Subsection 3(1) (at the end of the definition of compliance
16
plate)
17
Add "(as in force before its repeal or as continued in force by the Road
18
Vehicle Standards (Consequential and Transitional Provisions) Act
19
2018)".
20
6 Subsection 3(1) (paragraph (a) of the definition of MRC)
21
Before "the maximum mass", insert "if the vehicle has a compliance
22
plate--".
23
Consequential amendments Schedule 4
Amendments commencing at beginning of transitional period Part 2
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
35
7 Subsection 3(1) (after paragraph (a) of the definition of
1
MRC)
2
Insert:
3
(ab) if the vehicle is entered on the RAV--the maximum mass of
4
the vehicle, including any load, as recorded on the RAV; or
5
8 Subsection 3(1) (paragraph (b) of the definition of MRC)
6
Omit "in relation to a vehicle for which there is no compliance plate",
7
substitute "if the vehicle has no compliance plate and is not entered on
8
the RAV".
9
9 Subsection 3(1)
10
Insert:
11
RAV (short for Register of Approved Vehicles) has the same
12
meaning as in the Road Vehicle Standards Act 2018.
13
Interstate Road Transport Charge Act 1985
14
10 Section 3A (at the end of the definition of compliance
15
plate)
16
Add "(as in force before its repeal or as continued in force by the Road
17
Vehicle Standards (Consequential and Transitional Provisions) Act
18
2018)".
19
11 Section 3A (paragraph (a) of the definition of MRC)
20
Before "the maximum mass", insert "if the vehicle has a compliance
21
plate--".
22
12 Section 3A (after paragraph (a) of the definition of MRC)
23
Insert:
24
(ab) if the vehicle is entered on the RAV--the maximum mass of
25
the vehicle, including any load, as recorded on the RAV; or
26
13 Subsection 3A (paragraph (b) of the definition of MRC)
27
Omit "in relation to a vehicle for which there is no compliance plate",
28
substitute "if the vehicle has no compliance plate and is not entered on
29
the RAV".
30
Schedule 4 Consequential amendments
Part 2 Amendments commencing at beginning of transitional period
36
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
No. , 2018
National Environment Protection Council Act 1994
1
14 Paragraph 14(2)(b)
2
Omit "Motor Vehicle Standards Act 1989", substitute "Road Vehicle
3
Standards Act 2018".
4
Trans-Tasman Mutual Recognition Act 1997
5
15 Clause 3 of Part 2 of Schedule 2 (at the end of the table
6
item
headed "Road vehicles")
7
Add:
8
Road Vehicle Standards Act 2018
Consequential amendments Schedule 4
Amendments commencing at end of transitional period Part 3
No. , 2018
Road Vehicle Standards (Consequential and Transitional Provisions)
Bill 2018
37
Part 3--Amendments commencing at end of
1
transitional period
2
Age Discrimination Act 2004
3
16 Schedule 1 (table item 31)
4
Repeal the item.
5
Customs Act 1901
6
17 Subsection 229(1A)
7
Omit "Motor Vehicle Standards Act 1989 or the".
8
Trans-Tasman Mutual Recognition Act 1997
9
18 Clause 3 of Part 2 of Schedule 2 (table item
headed "Road
10
vehicles
")
11
Omit:
12
Motor Vehicle Standards Act 1989
13