ROAD VEHICLE STANDARDS BILL 2018

2016-2017-2018

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Road Vehicle Standards Bill 2018

No. , 2018

(Infrastructure, Regional Development and Cities)

A Bill for an Act to provide for the regulation of

road vehicles and road vehicle components, to set

national road vehicle standards, and for other

purposes

No. , 2018

Road Vehicle Standards Bill 2018

Contents

Part 1--Introduction

Division 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Division 2--Objects of this Act

Objects of this Act ............................................................................. 4

Division 3--Simplified outline of this Act

Simplified outline of this Act ............................................................ 5

Division 4--Definitions

Definitions ......................................................................................... 6

Meaning of road vehicle .................................................................. 10

Meaning of road vehicle component ............................................... 12

Division 5--Miscellaneous

Act to bind Crown ........................................................................... 14

Crown not liable to prosecution ....................................................... 14

Extraterritorial application ............................................................... 14

Part 2--Regulation of road vehicles and road vehicle

components

Division 1--Simplified outline of this Part

Simplified outline of this Part .......................................................... 15

Division 2--National road vehicle standards

Minister may determine national road vehicle standards ................. 16

Rules ................................................................................................ 16

Division 3--The Register of Approved Vehicles

Entering vehicles on RAV ............................................................... 18

Entry of non-compliant vehicles on RAV ....................................... 18

Information entered on RAV dishonestly or improperly ................. 20

Incorrect information entered on RAV ............................................ 21

Rules ................................................................................................ 22

Division 4--Specialist and Enthusiast Vehicles Register

Specialist and Enthusiast Vehicles Register .................................... 23

Rules ................................................................................................ 23

Division 5--Importation of road vehicles

Road Vehicle Standards Bill 2018

No. , 2018

Importing road vehicles ................................................................... 24

Rules ................................................................................................ 25

Division 6--Provision of road vehicles not on RAV

Providing road vehicle for the first time in Australia--

vehicle not on RAV ......................................................................... 26

Division 7--Modifying road vehicles

Rules ................................................................................................ 28

Modification of road vehicle on RAV ............................................. 28

Division 8--Supplying road vehicle components

Misrepresentation that a road vehicle component is an

approved road vehicle component ................................................... 30

Division 9--Miscellaneous

Subdivision A--Breach of condition of approvals

Breach of condition of approval--general ....................................... 31

Breach of condition of approval--export or destruction of

road vehicle ..................................................................................... 32

Subdivision B--Record-keeping obligations

Breach of obligation to provide records after approval ceases

to be in force .................................................................................... 33

Subdivision C--False or misleading declarations etc.

False or misleading declaration ....................................................... 34

False or misleading information ...................................................... 34

Subdivision D--Liability of executive officers

Personal liability of an executive officer of a body corporate ......... 35

Reasonable steps to prevent offence or contravention ..................... 37

Subdivision E--Pecuniary penalties and bodies corporate

Determining pecuniary penalties for bodies corporate .................... 37

Part 3--Recalls of road vehicles or approved road vehicle

components

Division 1--Simplified outline of this Part

Simplified outline of this Part .......................................................... 38

Division 2--Rules

Rules ................................................................................................ 39

Division 3--Complying with recalls

Compliance with recall notices ........................................................ 40

Notification requirements--compulsory recalls .............................. 41

Notification requirements--voluntary recalls .................................. 41

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Road Vehicle Standards Bill 2018

iii

Division 4--Disclosure notices

Power to obtain information etc. ..................................................... 43

Self-incrimination ............................................................................ 44

Compliance with disclosure notices ................................................ 45

False or misleading information etc. ................................................ 45

Division 5--Miscellaneous

References to supply of road vehicles and approved road

vehicle components ......................................................................... 46

Compensation for acquisition of property ....................................... 46

Operation of other laws ................................................................... 46

Part 4--Compliance and enforcement

Division 1--Simplified outline of this Part

Simplified outline of this Part .......................................................... 47

Division 2--Inspectors

Appointment of inspectors ............................................................... 48

Division 3--Monitoring

Monitoring under Part 2 of the Regulatory Powers Act .................. 49

Modifications of Part 2 of the Regulatory Powers Act .................... 50

Division 4--Investigation

Investigating under Part 3 of the Regulatory Powers Act ................ 51

Modifications of Part 3 of the Regulatory Powers Act .................... 52

Division 5--Civil penalties, infringement notices, enforceable

undertakings and injunctions

Civil penalties under Part 4 of the Regulatory Powers Act .............. 53

Infringement notices under Part 5 of the Regulatory Powers

Act ................................................................................................... 54

Modifications of Part 5 of the Regulatory Powers Act .................... 55

Enforceable undertakings under Part 6 of the Regulatory

Powers Act ...................................................................................... 56

Injunctions under Part 7 of the Regulatory Powers Act ................... 57

Division 6--Miscellaneous

Physical elements of offences .......................................................... 58

Contravening an offence provision or a civil penalty

provision .......................................................................................... 58

Part 5--Administration

Division 1--Simplified outline of this Part

Simplified outline of this Part .......................................................... 59

Road Vehicle Standards Bill 2018

No. , 2018

Division 2--Computerised decision-making

Minister may arrange for use of computer programs to make

decisions etc. ................................................................................... 60

Minister may substitute more favourable decisions for

certain computer-based decisions .................................................... 60

Use of computer programs by Secretary to make decisions

etc. ................................................................................................... 61

Division 3--Sharing information

Sharing information ......................................................................... 62

Division 4--Cost recovery

Subdivision A--Fees

Fees for fee-bearing activities .......................................................... 64

Subdivision B--Payment of cost-recovery charges

Paying cost-recovery charges .......................................................... 64

Subdivision C--Unpaid cost-recovery charges

Late payment fee ............................................................................. 65

Recovery of cost-recovery charges .................................................. 65

Suspending or revoking approvals because of unpaid

cost-recovery charges ...................................................................... 65

Secretary may direct that activities not be carried out ..................... 66

Subdivision D--Miscellaneous

Secretary may remit or refund cost-recovery charges ...................... 66

Division 5--Delegations

Delegation by the Minister .............................................................. 67

Delegation by the Secretary ............................................................. 68

Part 6--Miscellaneous

Division 1--Simplified outline of this Part

Simplified outline of this Part .......................................................... 69

Division 2--Interactions with other laws

Authority to take delivery of imported vehicles .............................. 70

Application of the Australian Consumer Law ................................. 70

Road vehicle need not comply with State or Territory

standards .......................................................................................... 70

Severability--additional effect of Act ............................................. 72

Division 3--Basis on which approvals granted

Basis on which approvals granted ................................................... 74

Division 4--Miscellaneous

Part 1 Introduction

Division 1 Preliminary

Section 2

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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

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day after this Act receives the Royal

Assent.

2. Sections 3 to

The day after this Act receives the Royal

Assent.

3. Sections 15 to

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

4. Sections 19 to

The day after this Act receives the Royal

Assent.

5. Section 22

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

6. Section 23

The day after this Act receives the Royal

Assent.

7. Section 24

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

8. Section 25

The day after this Act receives the Royal

Assent.

9. Section 26

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

10. Sections 27

and 28

The day after this Act receives the Royal

Assent.

Introduction Part 1

Preliminary Division 1

Section 2

No. , 2018

Road Vehicle Standards Bill 2018

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

11. Section 29

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

12. Sections 30 to

The day after this Act receives the Royal

Assent.

13. Sections 38 to

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

14. Sections 48 to

The day after this Act receives the Royal

Assent.

15. Sections 75 to

The day after the end of the period of 12

months beginning on the day this Act

receives the Royal Assent.

16. Sections 79 to

The day after this Act receives the Royal

Assent.

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.

Part 1 Introduction

Division 2 Objects of this Act

Section 3

Road Vehicle Standards Bill 2018

No. , 2018

Division 2--Objects of this Act

3 Objects of this Act

(1) The objects of this Act are:

(a) to set nationally consistent performance based standards that

road vehicles must comply with before being provided in

Australia; and

(b) to provide consumers in Australia with a choice of road

vehicles that:

(i) meet safety and environmental expectations of the

community; and

(ii) use energy conservation technology and anti-theft

technology; and

(iii) are able to make use of technological advancements;

and

harmonise road vehicle standards.

(2) This Act aims to achieve its objects by:

(a) empowering the Minister to determine national road vehicle

standards for road vehicles and road vehicle components; and

(b) prohibiting the importation into Australia of road vehicles

that do not comply with national road vehicle standards

(except in limited circumstances); and

vehicles must be entered before they are introduced onto the

Australian market; and

(d) establishing a framework for recalling road vehicles and

approved road vehicle components that are unsafe or do not

comply with national road vehicle standards.

Introduction Part 1

Simplified outline of this Act Division 3

Section 4

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Road Vehicle Standards Bill 2018

Division 3--Simplified outline of this Act

4 Simplified outline of this Act

This Act regulates the importation and provision of road vehicles.

It also regulates the provision of certain road vehicle components.

Road vehicles and certain road vehicle components must comply

with national road vehicle standards set by the Minister, except in

limited circumstances.

An approval is required to import a road vehicle into Australia and,

generally, vehicles must be entered on the Register of Approved

Vehicles before being provided for the first time in Australia.

If a recall notice is issued to a person in relation to road vehicles or

approved road vehicle components, due to concerns about safety or

non-compliance with national road vehicle standards, the person

must comply with the notice.

To ensure compliance with this Act, the Department has a range of

enforcement powers to ensure the most proportionate and effective

regulatory response.

This Act also provides for the rules to set out matters to support the

regulatory framework of this Act.

Part 1 Introduction

Division 4 Definitions

Section 5

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No. , 2018

Division 4--Definitions

5 Definitions

(1) In this Act:

1958 Agreement means the Agreement concerning the Adoption of

Uniform Technical Prescriptions for Wheeled Vehicles, Equipment

and Parts which can be Fitted and/or be Used on Wheeled Vehicles

and the Conditions for Reciprocal Recognition of Approvals

Granted on the Basis of these Prescriptions done at Geneva on

20 March 1958, as amended and in force for Australia from time to

time.

Note:

The Agreement is in Australian Treaty Series 2000 No. 11 ([2000]

ATS 11) and could in 2018 be viewed in the Australian Treaties

Library on the AustLII website (http://www.austlii.edu.au).

1998 Agreement means the Agreement concerning the

Establishing of Global Technical Regulations for Wheeled

Vehicles, Equipment and Parts which can be Fitted and/or be Used

on Wheeled Vehicles done at Geneva on 25 June 1998, as amended

and in force for Australia from time to time.

Note:

The Agreement is in Australian Treaty Series 2008 No. 7 ([2008] ATS

7) and could in 2018 be viewed in the Australian Treaties Library on

the AustLII website (http://www.austlii.edu.au).

approved road vehicle component means a road vehicle

component to which a road vehicle component type approval

applies.

Australia does not include any external Territory.

Australian Consumer Law means Schedule 2 to the Competition

and Consumer Act 2010 as applied under Subdivision A of

Division 2 of Part XI of that Act.

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

Commonwealth place has the same meaning as in the

Commonwealth Places (Application of Laws) Act 1970.

Introduction Part 1

Definitions Division 4

Section 5

No. , 2018

Road Vehicle Standards Bill 2018

constitutional corporation means a corporation to which

paragraph 51(xx) of the Constitution applies.

cost-recovery charge means:

(a) a fee prescribed by rules made for the purposes of section 66

for a fee-bearing activity; or

(b) a charge imposed by:

(i) the Road Vehicle Standards Charges (Imposition--

Customs) Act 2018; or

(ii) the Road Vehicle Standards Charges (Imposition--

Excise) Act 2018; or

(iii) the Road Vehicle Standards Charges (Imposition--

General) Act 2018; or

paragraph (a) or (b).

disclosure notice: see subsection 41(2).

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

entry pathway: see subsection 15(2).

executive officer of a body corporate means a person (whether or

not a director of the body) who is concerned in, or takes part in, the

management of the body.

Federal Circuit Court means the Federal Circuit Court of

Australia.

Federal Court means the Federal Court of Australia.

fee-bearing activities: see section 66.

import, in relation to a road vehicle, means do an act which

constitutes importation of the vehicle for the purposes of the

Customs Act 1901.

import approval means:

(a) a RAV entry import approval; or

Part 1 Introduction

Division 4 Definitions

Section 5

Road Vehicle Standards Bill 2018

No. , 2018

(b) a non-RAV entry import approval; or

inspector means a person appointed as an inspector under

section 49.

late payment fee: see section 68.

listed corporation has the meaning given by section 9 of the

Corporations Act 2001.

manufacture, in relation to a road vehicle, includes modify the

vehicle and assemble the vehicle.

motor vehicle means a vehicle that uses, or is designed to use:

(a) volatile spirit, gas, oil, electricity or any other power (other

than human or animal power) as the principal means of

propulsion; or

(b) more than one of the powers mentioned in paragraph (a)

(other than human or animal power) as a means of

propulsion;

but does not include a vehicle used exclusively on a railway or

tramway.

national road vehicle standard: see section 12.

non-RAV entry import approval means a non-RAV entry import

approval granted under the rules.

permitted to import, in relation to a road vehicle: see

subsection 22(2).

personal information has the same meaning as in the Privacy Act

1988.

premises has the same meaning as in the Regulatory Powers Act.

provide, in relation to a road vehicle, includes the meaning given

by subsection (2).

public road means a road open to the public for the passage of

vehicles, excluding:

Introduction Part 1

Definitions Division 4

Section 5

No. , 2018

Road Vehicle Standards Bill 2018

(a) a footpath or bicycle path; and

(b) a bikeway, also known as a bike or cycle lane.

RAV: see Register of Approved Vehicles.

RAV entry import approval means a RAV entry import approval

granted under the rules.

recall notice means a recall notice issued under the rules.

Register of Approved Vehicles or RAV: see subsection 14(1).

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

relevant court means:

(a) the Federal Court; or

(b) the Federal Circuit Court; or

to matters arising under this Act.

road vehicle: see section 6.

road vehicle component: see section 7.

road vehicle component type approval means a road vehicle

component type approval granted under the rules.

road vehicle type approval means a road vehicle type approval

granted under the rules.

rules means the rules made under section 82.

Secretary means the Secretary of the Department.

SEVs Register: see Specialist and Enthusiast Vehicles Register.

Specialist and Enthusiast Vehicles Register or SEVs Register: see

section 20.

supply:

(a) when used as a verb, includes supply (including re-supply)

by way of sale, exchange, lease, hire or hire-purchase; and

Part 1 Introduction

Division 4 Definitions

Section 6

Road Vehicle Standards Bill 2018

No. , 2018

(b) when used as a noun, has a corresponding meaning;

and supplied and supplier have corresponding meanings.

Note:

For Part 3, the meaning of supply is also affected by section 45.

this Act includes:

(a) the rules and any instruments made under the rules; and

(b) other instruments made under this Act; and

Act.

trade or commerce means:

(a) trade or commerce within Australia; or

(b) trade or commerce between Australia and places outside

Australia;

and includes any business or professional activity (whether or not

carried on for profit).

Extended meaning of provide

(2) A reference in this Act to a person providing a road vehicle

includes a reference to:

(a) the provision of the vehicle due to a sale, exchange, gift,

lease, loan, hire or hire-purchase; or

(b) the provision of access to the vehicle.

6 Meaning of road vehicle

(1) A road vehicle means any of the following:

(a) a motor vehicle designed solely or principally for use in

transport on public roads;

(b) a trailer or other vehicle (including equipment or machinery

equipped with wheels) designed to be towed on a public road

by a motor vehicle covered by paragraph (a);

under paragraph (5)(a) and not determined in an instrument

under paragraph (6)(b);

(d) a vehicle determined in an instrument under paragraph (6)(a);

Introduction Part 1

Definitions Division 4

Section 6

No. , 2018

Road Vehicle Standards Bill 2018

(e) a partly completed or unassembled vehicle that would

otherwise be covered by any of the above paragraphs.

(2) If:

(a) a person holds a road vehicle type approval for a vehicle of a

particular type; and

(b) that type of vehicle is not a road vehicle covered by

subsection (1); and

type on the RAV in accordance with this Act;

the vehicle becomes a road vehicle at the time the vehicle is

entered on the RAV.

(3) For the purposes of paragraphs (1)(a) and (b), in determining

whether a motor vehicle is designed solely or principally for use in

transport on public roads, regard is to be had only to the physical

and operational features of the motor vehicle.

(4) However, a vehicle is not a road vehicle if:

(a) the vehicle is within a class determined in an instrument

under paragraph (5)(b) and not determined in an instrument

under paragraph (6)(a); or

(b) the vehicle is specified in an instrument under

paragraph (6)(b).

Determination of classes of vehicles

(5) The Secretary may, by legislative instrument:

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

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

Determination of specified vehicles

(6) The Secretary may, by notifiable instrument:

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

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

(7) The power to make a notifiable instrument under subsection (6) is

not limited by a legislative instrument made under subsection (5).

Part 1 Introduction

Division 4 Definitions

Section 7

Road Vehicle Standards Bill 2018

No. , 2018

Incorporation of other instruments

(8) An instrument under subsection (5) or (6) may make provision in

relation to a matter by applying, adopting or incorporating, with or

without modification, any matter contained in an instrument or

other writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

(9) Subsection (8) has effect despite subsection 14(2) of the

Legislation Act 2003.

7 Meaning of road vehicle component

(1) A road vehicle component means any of the following:

(a) a component to be used in the manufacture of a road vehicle,

including an assembly;

(b) a component that is within a class determined in an

instrument under paragraph (3)(a) and not determined in an

instrument under paragraph (4)(b);

paragraph (4)(a).

(2) However, a component is not a road vehicle component if:

(a) the component is within a class determined in an instrument

under paragraph (3)(b) and not determined in an instrument

under paragraph (4)(a); or

(b) the component is specified in an instrument under

paragraph (4)(b).

Determination of classes of components

(3) The Secretary may, by legislative instrument:

(a) determine classes of components that are road vehicle

components; or

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

components.

Introduction Part 1

Definitions Division 4

Section 7

No. , 2018

Road Vehicle Standards Bill 2018

Determination of specified components

(4) The Secretary may, by notifiable instrument:

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

component; or

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

component.

(5) The power to make a notifiable instrument under subsection (4) is

not limited by a legislative instrument made under subsection (3).

Incorporation of other instruments

(6) An instrument under subsection (3) or (4) may make provision in

relation to a matter by applying, adopting or incorporating, with or

without modification, any matter contained in an instrument or

other writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

(7) Subsection (6) has effect despite subsection 14(2) of the

Legislation Act 2003.

Part 1 Introduction

Division 5 Miscellaneous

Section 8

Road Vehicle Standards Bill 2018

No. , 2018

Division 5--Miscellaneous

8 Act to bind Crown

This Act binds the Crown in each of its capacities.

9 Crown not liable to prosecution

This Act does not make the Crown liable to be prosecuted for an

offence.

Note:

See also section 54 for the liability of the Crown to a pecuniary

penalty for the breach of a civil penalty provision, and section 55 for

the liability of the Crown to be given an infringement notice.

10 Extraterritorial application

This Act extends to acts, omissions, matters and things outside

Australia.

Regulation of road vehicles and road vehicle components Part 2

Simplified outline of this Part Division 1

Section 11

No. , 2018

Road Vehicle Standards Bill 2018

Part 2--Regulation of road vehicles and road

vehicle components

Division 1--Simplified outline of this Part

11 Simplified outline of this Part

This Part provides for the regulation of road vehicles and road

vehicle components by:

(a)

allowing the Minister to determine national road vehicle

standards; and

(b)

establishing the Register of Approved Vehicles (the

RAV), on which road vehicles must generally be entered

before being provided for the first time in Australia; and

(c)

establishing the Register of Specialist and Enthusiast

Vehicles, on which road vehicles may be entered to

facilitate their importation into Australia; and

(d)

creating offences and civil penalty provisions that apply

if road vehicles are imported without relevant approvals

or are provided to consumers without being on the RAV;

and

(e)

allowing the rules to set out matters to support the

regulatory framework; and

(f)

dealing with other miscellaneous matters.

Part 2 Regulation of road vehicles and road vehicle components

Division 2 National road vehicle standards

Section 12

Road Vehicle Standards Bill 2018

No. , 2018

Division 2--National road vehicle standards

12 Minister may determine national road vehicle standards

(1) The Minister may, by legislative instrument, determine standards

for road vehicles or road vehicle components that are designed to

do any or all of the following:

(a) make road vehicles safe to use;

(b) control the emission of gas, particles or noise from road

vehicles;

(d) provide for security marking of road vehicles;

(e) promote the saving of energy.

These standards are the national road vehicle standards.

Incorporation of other instruments

(2) National road vehicle standards may make provision in relation to

a matter by applying, adopting or incorporating, with or without

modification, any matter contained in an instrument or other

writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

(3) Without limiting subsection (2), national road vehicle standards

may make provision in relation to a matter by applying, adopting

or incorporating any matter contained in the 1958 Agreement or

1998 Agreement.

(4) Subsection (2) has effect despite subsection 14(2) of the

Legislation Act 2003.

13 Rules

(1) The rules must provide for or in relation to the testing and

inspecting of road vehicles and road vehicle components for

compliance with national road vehicle standards.

Part 2 Regulation of road vehicles and road vehicle components

Division 3 The Register of Approved Vehicles

Section 14

Road Vehicle Standards Bill 2018

No. , 2018

Division 3--The Register of Approved Vehicles

14 Register of Approved Vehicles

(1) The Secretary must ensure that a register, to be known as the

(2) The RAV is to be maintained by electronic means.

(3) The RAV may be maintained as part of, or together with, another

15 Entering vehicles on RAV

(1) A vehicle may be entered on the RAV if the vehicle satisfies the

requirements of an entry pathway.

Note:

Under the rules, a vehicle may only be entered on the RAV by certain

persons.

(2) Each of the following is an entry pathway:

(a) the type approval pathway;

(b) the concessional RAV entry approval pathway;

Note:

The rules set out the requirements of each entry pathway.

16 Entry of non-compliant vehicles on RAV

(1) A person contravenes this subsection if:

(a) the person enters a vehicle on the RAV; and

(b) the vehicle does not satisfy the requirements of an entry

pathway.

(2) A person contravenes this subsection if:

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

(b) the person authorises another person, in writing, to enter a

vehicle on the RAV; and

and

Regulation of road vehicles and road vehicle components Part 2

The Register of Approved Vehicles Division 3

Section 16

No. , 2018

Road Vehicle Standards Bill 2018

(d) the vehicle does not satisfy the requirements of an entry

pathway.

(3) Subsections (1) and (2) do not apply if:

(a) a road vehicle component was used in accordance with the

national road vehicle standards in the manufacture of the

vehicle; and

(b) the road vehicle component was represented by the supplier

to be an approved road vehicle component; and

national road vehicle standards, as in force at the time the

road vehicle component was acquired by the person; and

(d) there is no other reason why the vehicle does not satisfy the

requirements of the relevant entry pathway.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matters in this subsection (see

subsection 13.3(3) of the Criminal Code and section 96 of the

Regulatory Powers Act).

Offence

(4) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 120 penalty units.

(5) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (4).

Civil penalty provision

(6) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

120 penalty units.

Part 2 Regulation of road vehicles and road vehicle components

Division 3 The Register of Approved Vehicles

Section 17

Road Vehicle Standards Bill 2018

No. , 2018

17 Information entered on RAV dishonestly or improperly

Offences

(1) A person commits an offence if:

(a) the person enters information on the RAV; and

(b) the information relates, or purportedly relates, to a vehicle;

and

(i) the person is not authorised under the rules to enter the

information on the RAV; or

(ii) the vehicle does not exist; or

(iii) the information is incorrect.

Penalty: 120 penalty units.

(2) A person commits an offence if:

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

approval holder); and

(b) the person authorises another person, in writing, to enter

information on the RAV; and

(d) the information relates, or purportedly relates, to a vehicle;

and

(e) the approval holder knows that:

(i) the vehicle does not exist; or

(ii) the information is incorrect.

Penalty: 120 penalty units.

(3) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsections (1) and (2).

Civil penalty provisions

(4) A person contravenes this subsection if:

(a) the person enters information on the RAV; and

Regulation of road vehicles and road vehicle components Part 2

The Register of Approved Vehicles Division 3

Section 18

No. , 2018

Road Vehicle Standards Bill 2018

(b) the information relates, or purportedly relates, to a vehicle;

and

(i) the person is not authorised under the rules to enter the

information on the RAV; or

(ii) the vehicle does not exist.

Civil penalty:

120 penalty units.

(5) A person contravenes this subsection if:

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

(b) the person authorises another person, in writing, to enter

information on the RAV; and

(d) the information relates, or purportedly relates, to a vehicle;

and

(e) the vehicle does not exist.

Civil penalty:

120 penalty units.

18 Incorrect information entered on RAV

(1) A person contravenes this subsection if:

(a) the person enters information on the RAV; and

(b) the information relates, or purportedly relates, to a vehicle;

and

(2) A person contravenes this subsection if:

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

(b) the person authorises another person, in writing, to enter

information on the RAV; and

(d) the information relates, or purportedly relates, to a vehicle;

and

(e) the information is incorrect.

Part 2 Regulation of road vehicles and road vehicle components

Division 3 The Register of Approved Vehicles

Section 19

Road Vehicle Standards Bill 2018

No. , 2018

Offence

(3) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 60 penalty units.

(4) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (3).

Civil penalty provision

(5) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

60 penalty units.

19 Rules

(1) The rules:

(a) must provide for or in relation to:

(i) the keeping of the RAV, including the content of the

RAV and the persons who may enter information on the

RAV; and

(ii) the requirements of an entry pathway; and

(b) may provide for or in relation to the publication of

information on the RAV.

(2) The rules may provide for or in relation to the following:

(a) the grant of approvals:

(i) to enable vehicles to satisfy the requirements of the type

approval pathway; or

(ii) to enable road vehicles to satisfy the requirements of

other entry pathways; or

(iii) relating to road vehicle components;

(b) conditions of such approvals;

(d) obligations of former approval holders.

Regulation of road vehicles and road vehicle components Part 2

Specialist and Enthusiast Vehicles Register Division 4

Section 20

No. , 2018

Road Vehicle Standards Bill 2018

Division 4--Specialist and Enthusiast Vehicles Register

20 Specialist and Enthusiast Vehicles Register

(1) The Secretary must keep a register, to be known as the Register of

Specialist and Enthusiast Vehicles (the SEVs Register).

Note:

The SEVs Register relates to one of the eligibility criteria of the

concessional RAV entry approval pathway.

(2) The SEVs Register is to be kept in electronic form.

(3) The SEVs Register is to be made available on the Department's

website.

21 Rules

(1) The rules must provide for or in relation to the keeping of the

SEVs Register.

(2) The rules may provide for or in relation to applications to be made

for the entry of road vehicles on the SEVs Register.

Part 2 Regulation of road vehicles and road vehicle components

Division 5 Importation of road vehicles

Section 22

Road Vehicle Standards Bill 2018

No. , 2018

Division 5--Importation of road vehicles

22 Importing road vehicles

(1) A person contravenes this subsection if:

(a) the person imports a road vehicle into Australia; and

(b) at the time of importation, the person is not permitted to

import the vehicle.

(2) A person is permitted to import a road vehicle if:

(a) at the time of importation, all of the following apply:

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

(ii) the road vehicle type approval is in force;

(iii) the road vehicle is of a type to which the road vehicle

type approval applies; or

(b) at the time of importation, all of the following apply:

(i) the person is authorised, in writing, by the holder of a

road vehicle type approval to import the road vehicle;

(ii) the road vehicle type approval is in force;

(iii) the road vehicle is of a type to which the road vehicle

type approval applies; or

(i) the person is the holder of an import approval;

(ii) the import approval is in force;

(iii) the road vehicle is specified in the import approval; or

(d) at the time of importation, a circumstance set out in the rules

applies.

Offence

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

Regulation of road vehicles and road vehicle components Part 2

Importation of road vehicles Division 5

Section 23

No. , 2018

Road Vehicle Standards Bill 2018

Civil penalty provision

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

120 penalty units.

23 Rules

The rules may provide for or in relation to the following:

(a) the grant of approvals in relation to the importation of road

vehicles;

(b) conditions of such approvals;

(d) obligations of former approval holders.

Part 2 Regulation of road vehicles and road vehicle components

Division 6 Provision of road vehicles not on RAV

Section 24

Road Vehicle Standards Bill 2018

No. , 2018

Division 6--Provision of road vehicles not on RAV

24 Providing road vehicle for the first time in Australia--vehicle not

on RAV

Basic rule

(1) A person contravenes this subsection if:

(a) the person provides a road vehicle to another person in

Australia; and

(b) the vehicle is provided for the first time in Australia; and

(2) For the purposes of paragraph (1)(b), in working out whether a

road vehicle is provided for the first time in Australia, the

provision of a road vehicle in a circumstance mentioned in

subsection (3) is to be disregarded.

Exceptions

(3) Subsection (1) does not apply if the road vehicle is provided to

another person:

(a) to have work done on it; or

(b) to protect it; or

(d) if the vehicle has been imported--to transport it to the

importer; or

(e) if the vehicle is to be exported--to transport it to the

exporter; or

(f) in a circumstance set out in the rules.

(4) Subsection (1) does not apply if:

(a) the person providing the road vehicle is the holder of a

non-RAV entry import approval that relates to the vehicle; or

(b) the road vehicle is manufactured in Australia and the person

providing the vehicle makes it clear to the recipient that:

Regulation of road vehicles and road vehicle components Part 2

Provision of road vehicles not on RAV Division 6

Section 24

No. , 2018

Road Vehicle Standards Bill 2018

(i) the vehicle is not being provided for a purpose that

involves use in transport on a public road; or

(ii) the vehicle is being provided for a purpose that involves

use in transport on a public road only in exceptional

circumstances.

Note:

A person who wishes to rely on subsection (3) or (4) bears an

evidential burden in relation to the matters in that subsection (see

subsection 13.3(3) of the Criminal Code and section 96 of the

Regulatory Powers Act).

Offence

(5) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

Civil penalty provision

(6) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

120 penalty units.

Part 2 Regulation of road vehicles and road vehicle components

Division 7 Modifying road vehicles

Section 25

Road Vehicle Standards Bill 2018

No. , 2018

Division 7--Modifying road vehicles

25 Rules

The rules may provide for or in relation to the circumstances in

which a road vehicle on the RAV may be modified.

26 Modification of road vehicle on RAV

(1) A person contravenes this subsection if:

(a) a road vehicle is on the RAV; and

(b) the person modifies the road vehicle; and

consumer for the first time in Australia; and

(d) the modification causes the road vehicle to not satisfy the

requirements of the entry pathway that applied at the time the

vehicle was entered on the RAV; and

(e) the modification is not otherwise allowed by the rules.

(2) A person contravenes this subsection if:

(a) a road vehicle is on the RAV; and

(b) the person hands over the road vehicle to another person; and

(d) the road vehicle is modified; and

(e) the modification occurs before the vehicle is provided to a

consumer for the first time in Australia; and

(f) the modification causes the road vehicle to not satisfy the

requirements of the entry pathway that applied at the time the

vehicle was entered on the RAV; and

(g) the modification is not otherwise allowed by the rules.

(3) In paragraphs (1)(c) and (2)(e), the definition of provide applies as

if paragraph 5(2)(b) were omitted.

Regulation of road vehicles and road vehicle components Part 2

Modifying road vehicles Division 7

Section 26

No. , 2018

Road Vehicle Standards Bill 2018

Offence

(4) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 120 penalty units.

Civil penalty provision

(5) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

120 penalty units.

Part 2 Regulation of road vehicles and road vehicle components

Division 8 Supplying road vehicle components

Section 27

Road Vehicle Standards Bill 2018

No. , 2018

Division 8--Supplying road vehicle components

27 Misrepresentation that a road vehicle component is an approved

road vehicle component

(1) A person contravenes this subsection if:

(a) the person supplies a road vehicle component to another

person; and

(b) the person represents that the road vehicle component is an

approved road vehicle component; and

particular.

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 60 penalty units.

(3) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (2).

Civil penalty provision

(4) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

Regulation of road vehicles and road vehicle components Part 2

Miscellaneous Division 9

Section 28

No. , 2018

Road Vehicle Standards Bill 2018

Division 9--Miscellaneous

Subdivision A--Breach of condition of approvals

28 Breach of condition of approval--general

(1) A person contravenes this subsection if:

(a) the person is the holder of an approval under the rules; and

(b) the approval is subject to a condition; and

destroy a road vehicle to which the approval applies; and

(d) the person engages in conduct; and

(e) the person's conduct contravenes the condition.

(2) A person contravenes this subsection if:

(a) the person is the holder of an approval under the rules; and

(b) the approval is subject to a condition; and

destroy a road vehicle to which the approval applies; and

(d) another person engages in conduct; and

(e) that other person's conduct contravenes the condition.

Offence

(3) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 120 penalty units.

(4) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (3).

Civil penalty provision

(5) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

120 penalty units.

Part 2 Regulation of road vehicles and road vehicle components

Division 9 Miscellaneous

Section 29

Road Vehicle Standards Bill 2018

No. , 2018

29 Breach of condition of approval--export or destruction of road

vehicle

(1) A person contravenes this subsection if:

(a) the person is the holder of an import approval; and

(b) the approval is subject to a condition that requires the person

to export or destroy a road vehicle to which the approval

applies; and

period specified in the approval.

Offence

(2) A person commits an offence if the person contravenes

subsection (1).

Penalty: 120 penalty units.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

120 penalty units.

Continuing offences and continuing contraventions of civil penalty

provisions

(4) The maximum penalty for each day that an offence under

subsection (2) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

Subsection (2) is a continuing offence under section 4K of the Crimes

Act 1914.

(5) The maximum civil penalty for each day that a contravention of

subsection (3) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Note:

Subsection (3) is a continuing civil penalty provision under section 93

of the Regulatory Powers Act.

Regulation of road vehicles and road vehicle components Part 2

Miscellaneous Division 9

Section 30

No. , 2018

Road Vehicle Standards Bill 2018

Subdivision B--Record-keeping obligations

30 Breach of obligation to provide records after approval ceases to

be in force

(1) A person contravenes this subsection if:

(a) the person was the holder of an approval granted under the

rules; and

(b) a condition of the approval was that the holder of the

approval retain a record; and

(i) if a period was specified in that condition--for that

period; or

(ii) in any other case--for the 7 year period starting on the

day the record is made.

(2) A person contravenes this subsection if:

(a) the person was the holder of an approval granted under the

rules; and

(b) the person is required by or under the rules to provide

information or a document to the Minister; and

the Minister.

Offence

(3) A person commits an offence if the person contravenes

subsection (1) or (2).

Penalty: 60 penalty units.

(4) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (3).

Civil penalty provision

(5) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Part 2 Regulation of road vehicles and road vehicle components

Division 9 Miscellaneous

Section 31

Road Vehicle Standards Bill 2018

No. , 2018

Civil penalty:

60 penalty units.

Subdivision C--False or misleading declarations etc.

31 False or misleading declaration

Offence

(1) A person commits an offence if:

(a) the person signs a declaration; and

(b) the person does so knowing that:

(i) the declaration is false or misleading in a material

particular; or

(ii) the declaration omits a matter or thing without which

the declaration is misleading in a material particular;

and

under the rules.

Penalty: 60 penalty units.

Civil penalty provision

(2) A person contravenes this subsection if:

(a) the person signs a declaration; and

(b) either:

(i) the declaration is false or misleading in a material

particular; or

(ii) the declaration omits a matter or thing without which

the declaration is misleading in a material particular;

and

under the rules.

Civil penalty:

60 penalty units.

32 False or misleading information

(1) A person contravenes this subsection if:

Regulation of road vehicles and road vehicle components Part 2

Miscellaneous Division 9

Section 33

No. , 2018

Road Vehicle Standards Bill 2018

(a) the person gives information or a document to another

person; and

(b) the information or document:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information

or document is misleading; and

under or for the purposes of this Act.

(2) Subsection (1) does not apply if the information or document is not

false or misleading in a material particular.

Note:

A person who wishes to rely on this subsection bears an evidential

burden in relation to the matters in this subsection (see

subsection 13.3(3) of the Criminal Code and section 96 of the

Regulatory Powers Act).

Offence

(3) A person commits an offence if the person contravenes

subsection (1).

Penalty: 60 penalty units.

(4) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (3).

Civil penalty provision

(5) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

60 penalty units.

Subdivision D--Liability of executive officers

33 Personal liability of an executive officer of a body corporate

Offence

(1) An executive officer of a body corporate commits an offence if:

Part 2 Regulation of road vehicles and road vehicle components

Division 9 Miscellaneous

Section 33

Road Vehicle Standards Bill 2018

No. , 2018

(a) the body corporate commits an offence against:

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

(ii) section 6 of the Crimes Act 1914, or section 11.1, 11.4

or 11.5 of the Criminal Code, in relation to an offence

covered by subparagraph (i); or

(iii) section 136.1, 137.1 or 137.2 of the Criminal Code in

relation to this Act; and

(b) the officer knew that the offence would be committed; and

body in relation to the commission of the offence; and

(d) the officer failed to take reasonable steps to prevent the

commission of the offence.

(2) The maximum penalty for an offence against subsection (1) is the

maximum penalty that a court could impose in respect of an

individual for the offence committed by the body corporate.

(3) Section 15.4 of the Criminal Code (extended geographical

jurisdiction--category D) applies to an offence against

subsection (1).

Civil penalty provision

(4) An executive officer of a body corporate contravenes this

subsection if:

(a) the body corporate contravenes a civil penalty provision of

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

(b) the officer knew that the contravention would occur; and

body in relation to the contravention; and

(d) the officer failed to take reasonable steps to prevent the

contravention.

(5) The maximum civil penalty for a contravention of subsection (4) is

the maximum civil penalty that a court could impose in respect of

an individual for the civil penalty provision contravened by the

body corporate.

Regulation of road vehicles and road vehicle components Part 2

Miscellaneous Division 9

Section 34

No. , 2018

Road Vehicle Standards Bill 2018

34 Reasonable steps to prevent offence or contravention

(1) For the purposes of section 33, in determining whether an

executive officer of a body corporate failed to take reasonable steps

to prevent the commission of an offence, or the contravention of a

civil penalty provision, a court is to have regard to:

(a) what action (if any) the officer took towards ensuring that the

body's employees, agents and contractors have a reasonable

knowledge and understanding of the requirements to comply

with this Act, in so far as those requirements affect the

employees, agents or contractors concerned; and

(b) what action (if any) the officer took when he or she became

aware that the body was committing an offence against, or

otherwise contravening, this Act.

(2) This section does not, by implication, limit the generality of

section 33.

Subdivision E--Pecuniary penalties and bodies corporate

35 Determining pecuniary penalties for bodies corporate

If an offence against a provision of this Part may:

(a) in some circumstances be committed by both a natural person

and a body corporate; and

(b) in other circumstances only be committed by a body

corporate;

then, in the circumstances mentioned in paragraph (b), despite

subsection 4B(3) of the Crimes Act 1914, the court may, if the

court thinks fit, impose a pecuniary penalty not exceeding an

amount equal to 5 times the amount of the pecuniary penalty

specified for the offence.

Part 3 Recalls of road vehicles or approved road vehicle components

Division 1 Simplified outline of this Part

Section 36

Road Vehicle Standards Bill 2018

No. , 2018

Part 3--Recalls of road vehicles or approved road

vehicle components

Division 1--Simplified outline of this Part

36 Simplified outline of this Part

This Part deals with recalls of road vehicles and approved road

vehicle components for safety purposes or non-compliance with

national road vehicle standards.

The rules provide for the Minister to issue a recall notice to

suppliers of vehicles or components. If a recall notice is issued to a

supplier, there are very substantial criminal and civil penalties for

refusing or failing to comply with the recall notice.

The rules may also set out requirements for notifying the Minister

of certain matters in relation to compulsory or voluntary recalls.

Penalties apply for refusing or failing to comply with the

notification requirements.

If there are concerns about a vehicle or component causing injury

or not complying with national road vehicle standards, the Minister

(or certain other officials) may issue a disclosure notice to the

supplier, requiring that certain information be disclosed. Penalties

apply for refusing or failing to comply with the notice or giving

false or misleading information.

Note:

Some road vehicles or approved road vehicle components may be

recalled under the Australian Consumer Law as consumer goods. For

the interaction with the Australian Consumer Law, see also

sections 47 and 77 of this Act.

Recalls of road vehicles or approved road vehicle components Part 3

Rules Division 2

Section 37

No. , 2018

Road Vehicle Standards Bill 2018

Division 2--Rules

37 Rules

(1) The rules must provide for or in relation to the recall of road

vehicles or approved road vehicle components for:

(a) safety purposes; or

(b) non-compliance with national road vehicle standards.

(2) The rules may provide for or in relation to the following:

(a) issuing recall notices;

(b) compulsory recalls of road vehicles or approved road vehicle

components;

(d) notification requirements relating to compulsory or voluntary

recalls.

Part 3 Recalls of road vehicles or approved road vehicle components

Division 3 Complying with recalls

Section 38

Road Vehicle Standards Bill 2018

No. , 2018

Division 3--Complying with recalls

38 Compliance with recall notices

(1) A person contravenes this subsection if:

(a) a recall notice for road vehicles or approved road vehicle

components is in force; and

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

(2) A person contravenes this subsection if:

(a) a recall notice for road vehicles or approved road vehicle

components is in force; and

(b) the person, in trade or commerce:

(i) if the notice identifies a defect in, or a dangerous

characteristic of, the vehicles or components--supplies

vehicles or components of the kind to which the notice

relates which contain that defect or have that

characteristic; or

(ii) in any other case--supplies vehicles or components of

the kind to which the notice relates.

Strict liability offence

(3) A person commits an offence of strict liability if the person

contravenes subsection (1) or (2).

Penalty:

(a) if the person is a body corporate--5,250 penalty units; or

(b) if the person is not a body corporate--1,050 penalty units.

Civil penalty provision

(4) A person is liable to a civil penalty if the person contravenes

subsection (1) or (2).

Civil penalty:

(a) if the person is a body corporate--5,250 penalty units; or

Recalls of road vehicles or approved road vehicle components Part 3

Complying with recalls Division 3

Section 39

No. , 2018

Road Vehicle Standards Bill 2018

(b) if the person is not a body corporate--1,050 penalty units.

39 Notification requirements--compulsory recalls

(1) A person contravenes this subsection if:

(a) the person is required by the rules to give a copy of a notice

to the Minister in relation to a compulsory recall of road

vehicles or approved road vehicle components; and

(b) the person refuses or fails to give the copy as required by the

rules.

Strict liability offence

(2) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty:

(a) if the person is a body corporate--80 penalty units; or

(b) if the person is not a body corporate--16 penalty units.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

(a) if the person is a body corporate--80 penalty units; or

(b) if the person is not a body corporate--16 penalty units.

40 Notification requirements--voluntary recalls

(1) A person contravenes this subsection if:

(a) the person is required by the rules to give a notice, or a copy

of a notice, to the Minister in relation to a voluntary recall of

road vehicles or approved road vehicle components; and

(b) the person refuses or fails to give the notice, or the copy of

the notice, as required by the rules.

Part 3 Recalls of road vehicles or approved road vehicle components

Division 3 Complying with recalls

Section 40

Road Vehicle Standards Bill 2018

No. , 2018

Strict liability offence

(2) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty:

(a) if the person is a body corporate--80 penalty units; or

(b) if the person is not a body corporate--16 penalty units.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

(a) if the person is a body corporate--80 penalty units; or

(b) if the person is not a body corporate--16 penalty units.

Recalls of road vehicles or approved road vehicle components Part 3

Disclosure notices Division 4

Section 41

No. , 2018

Road Vehicle Standards Bill 2018

Division 4--Disclosure notices

41 Power to obtain information etc.

(1) The Minister, the Secretary or an SES employee or acting SES

employee in the Department, may give a disclosure notice to a

person (the supplier) who, in trade or commerce, supplies road

vehicles or approved road vehicle components of a particular kind

if the person giving the notice reasonably believes:

(a) that:

(i) vehicles or components of that kind will or may cause

injury to any person; or

(ii) a reasonably foreseeable use (including a misuse) of

vehicles or components of that kind will or may cause

injury to any person; or

(iii) vehicles or components of that kind do not, or it is likely

that they do not, comply with the applicable national

road vehicle standards; and

(b) that the supplier is capable of giving information, producing

documents or giving evidence in relation to those vehicles or

components.

(2) A disclosure notice is a written notice requiring the supplier:

(a) to give, in writing signed by the supplier, any such

information to the person specified in the notice:

(i) in the manner specified in the notice; and

(ii) within such reasonable time as is specified in the notice;

(b) to produce, in accordance with such reasonable requirements

as are specified in the notice, any such documents to the

person specified in the notice; or

reasonable time, and at such place, as is specified in the

notice:

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

(ii) to produce any such documents.

Part 3 Recalls of road vehicles or approved road vehicle components

Division 4 Disclosure notices

Section 42

Road Vehicle Standards Bill 2018

No. , 2018

(3) The person specified in the notice may be:

(a) the Minister; or

(b) the Secretary; or

Department (whether or not that SES employee, or acting

SES employee, gave the notice).

Holder of a type approval taken to be a supplier

(4) For the purposes of this section, a person is taken to supply, in

trade or commerce, road vehicles or approved road vehicle

components of a particular kind, if:

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

which a vehicle is entered on the RAV; or

(b) the person is the holder of a road vehicle component type

approval.

42 Self-incrimination

(1) A person is not excused from:

(a) giving information or evidence; or

(b) producing a document;

as required by a disclosure notice given to the person on the ground

that the information or evidence, or production of the document,

might tend to incriminate the person or expose the person to a

penalty.

(2) However, in the case of an individual:

(a) the information or evidence given, or the document

produced; and

(b) giving the information or evidence, or producing the

document;

are not admissible in evidence against the individual:

(d) in criminal proceedings, other than proceedings against the

individual for:

(i) an offence against section 43 or 44; or

Recalls of road vehicles or approved road vehicle components Part 3

Disclosure notices Division 4

Section 43

No. , 2018

Road Vehicle Standards Bill 2018

(ii) an offence against section 137.1 or 137.2 of the

Criminal Code that relates to this Division.

43 Compliance with disclosure notices

(1) A person commits an offence of strict liability if:

(a) the person is given a disclosure notice; and

(b) the person refuses or fails to comply with the notice.

Penalty:

(a) if the person is a body corporate--200 penalty units; or

(b) if the person is not a body corporate--40 penalty units.

(2) Subsection (1) does not apply if the person complies with the

disclosure notice to the extent to which the person is capable of

complying with the notice.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see subsection 13.3(3) of the Criminal Code).

44 False or misleading information etc.

A person commits an offence if:

(a) the person gives information, evidence or a document in

purported compliance with a disclosure notice; and

(b) the person does so knowing that the information, evidence or

document is false or misleading in a material particular.

Penalty:

(a) if the person is a body corporate--300 penalty units; or

(b) if the person is not a body corporate--60 penalty units or

imprisonment for 12 months, or both.

Part 3 Recalls of road vehicles or approved road vehicle components

Division 5 Miscellaneous

Section 45

Road Vehicle Standards Bill 2018

No. , 2018

Division 5--Miscellaneous

45 References to supply of road vehicles and approved road vehicle

components

In this Part and rules made for the purposes of section 37, a

reference to the supply of road vehicles or approved road vehicle

components includes a reference to agreeing to supply the vehicles

or components.

46 Compensation for acquisition of property

(1) If the operation of this Part, or any other provision of this Act (to

the extent to which it relates to this Part), would result in an

acquisition of property (within the meaning of paragraph 51(xxxi)

of the Constitution) from a person otherwise than on just terms

(within the meaning of that paragraph), the Commonwealth is

liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court or the Supreme Court of a State or Territory for the

recovery from the Commonwealth of such reasonable amount of

compensation as the court determines.

47 Operation of other laws

This Part is not intended to exclude or limit the operation of any

other law of the Commonwealth or any law of a State or Territory.

Compliance and enforcement Part 4

Simplified outline of this Part Division 1

Section 48

No. , 2018

Road Vehicle Standards Bill 2018

Part 4--Compliance and enforcement

Division 1--Simplified outline of this Part

48 Simplified outline of this Part

Inspectors have monitoring, inspection and enforcement powers

under the Regulatory Powers Act to ensure this Act is being

complied with.

The Regulatory Powers Act creates a framework for monitoring

and investigating compliance with this Act, as well as providing

for the enforcement of civil penalty provisions, and the use of

infringement notices, enforceable undertakings and injunctions.

This Part provides for the application of the Regulatory Powers Act

in relation to these matters.

Part 4 Compliance and enforcement

Division 2 Inspectors

Section 49

Road Vehicle Standards Bill 2018

No. , 2018

Division 2--Inspectors

49 Appointment of inspectors

(1) The Secretary may, in writing, appoint any of the following

persons as an inspector:

(a) an APS employee in the Department;

(b) an employee of a State or Territory or an authority of a State

or Territory.

(2) The functions and powers conferred on a person as an inspector are

subject to such conditions and restrictions as are specified in the

person's instrument of appointment.

Prerequisites to appointment

(3) The Secretary must not appoint a person as an inspector unless the

Secretary is satisfied that the person has the knowledge or

experience necessary to properly perform the functions or exercise

the powers of an inspector for which the person is to be authorised.

(4) The Secretary must not appoint an employee of a State or Territory

or an authority of a State or Territory as an inspector without the

agreement of the State or Territory.

Directions to inspectors

(5) An inspector appointed under subsection (1) must, in performing

functions or exercising powers as such, comply with any directions

of the Secretary.

(6) If a direction is given under subsection (5) in writing, the direction

is not a legislative instrument.

Compliance and enforcement Part 4

Monitoring Division 3

Section 50

No. , 2018

Road Vehicle Standards Bill 2018

Division 3--Monitoring

50 Monitoring under Part 2 of the Regulatory Powers Act

Provisions subject to monitoring

(1) The following provisions are subject to monitoring under Part 2 of

the Regulatory Powers Act:

(a) a provision of this Act;

(b) an offence against the Crimes Act 1914 or the Criminal Code

that relates to this Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether this Act has been complied with. It includes

powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Act is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions

(3) For the purposes of Part 2 of the Regulatory Powers Act, each of

the following provisions is related to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2):

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

(b) a provision of the Australian Consumer Law relating to the

safety of consumer goods.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court

(4) For the purposes of Part 2 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2):

Part 4 Compliance and enforcement

Division 3 Monitoring

Section 51

Road Vehicle Standards Bill 2018

No. , 2018

(a) each of the following is an authorised applicant:

(i) the Secretary;

(ii) an SES employee, or an acting SES employee, in the

Department; and

(b) an inspector is an authorised person; and

(i) a magistrate;

(ii) a Judge of a court of a State or Territory;

(iii) a Judge of the Federal Court or the Federal Circuit

Court; and

(d) the Secretary is the relevant chief executive; and

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

Person assisting

(5) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 2 of

the Regulatory Powers Act in relation to the provisions mentioned

in subsection (1) and the information mentioned in subsection (2).

51 Modifications of Part 2 of the Regulatory Powers Act

Additional monitoring powers

(1) For the purposes of determining:

(a) whether a provision mentioned in subsection 50(1) has been,

or is being, complied with; or

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

the additional powers mentioned in subsection (2) of this section

are taken to be included in the monitoring powers under Part 2 of

the Regulatory Powers Act.

(2) The additional monitoring powers are:

(a) the power to sample any thing on premises entered under

Part 2 of the Regulatory Powers Act; and

(b) the power to remove and test such samples.

Compliance and enforcement Part 4

Investigation Division 4

Section 52

No. , 2018

Road Vehicle Standards Bill 2018

Division 4--Investigation

52 Investigating under Part 3 of the Regulatory Powers Act

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is:

(a) an offence against this Act; or

(b) a civil penalty provision of this Act; or

that relates to this Act.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Related provisions

(2) For the purposes of Part 3 of the Regulatory Powers Act, each of

the following provisions is related to evidential material that relates

to a provision mentioned in subsection (1):

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

(b) a provision of the Australian Consumer Law relating to the

safety of consumer goods.

Authorised applicant, authorised person, issuing officer, relevant

chief executive and relevant court

(3) For the purposes of Part 3 of the Regulatory Powers Act, as that

Part applies in relation to evidential material that relates to a

provision mentioned in subsection (1):

(a) each of the following is an authorised applicant:

(i) the Secretary;

(ii) an SES employee, or an acting SES employee, in the

Department; and

(b) an inspector is an authorised person; and

Part 4 Compliance and enforcement

Division 4 Investigation

Section 53

Road Vehicle Standards Bill 2018

No. , 2018

(i) a magistrate;

(ii) a Judge of a court of a State or Territory;

(iii) a Judge of the Federal Court or the Federal Circuit

Court; and

(d) the Secretary is the relevant chief executive; and

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

Person assisting

(4) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 3 of

the Regulatory Powers Act in relation to evidential material that

relates to a provision mentioned in subsection (1).

53 Modifications of Part 3 of the Regulatory Powers Act

Additional investigation powers

(1) The additional powers mentioned in subsection (2) are taken to be

included in the investigation powers under Part 3 of the Regulatory

Powers Act, as that Part applies in relation to evidential material

that relates to a provision mentioned in subsection 52(1) of this

Act.

(2) The additional investigation powers are:

(a) the power to sample any thing on premises entered under

Part 3 of the Regulatory Powers Act; and

(b) the power to remove and test such samples.

Compliance and enforcement Part 4

Civil penalties, infringement notices, enforceable undertakings and injunctions

Division 5

Section 54

No. , 2018

Road Vehicle Standards Bill 2018

Division 5--Civil penalties, infringement notices,

enforceable undertakings and injunctions

54 Civil penalties under Part 4 of the Regulatory Powers Act

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant and relevant court

(2) For the purposes of Part 4 of the Regulatory Powers Act, as that

Part applies in relation to the civil penalty provisions of this Act:

(a) each of the following persons is an authorised applicant:

(i) the Minister;

(ii) the Secretary;

(iii) an SES employee, or acting SES employee, in the

Department; and

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

relevant court.

Maximum penalties

(3) Despite subsection 82(5) of the Regulatory Powers Act, the

pecuniary penalty in relation to a contravention of one of the

following civil penalty provisions must not be more than the

applicable pecuniary penalty specified in the provision:

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

(b) subsection 39(3) (notification requirements--compulsory

recalls);

recalls).

Part 4 Compliance and enforcement

Division 5 Civil penalties, infringement notices, enforceable undertakings and

injunctions

Section 55

Road Vehicle Standards Bill 2018

No. , 2018

Note:

Those civil penalty provisions specify the maximum civil penalty that

applies in relation to a person who is a body corporate and a person

who is not a body corporate.

Liability of Crown

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, does not make the

Crown liable to a pecuniary penalty.

55 Infringement notices under Part 5 of the Regulatory Powers Act

Provisions subject to an infringement notice

(1) The following provisions are subject to an infringement notice

under Part 5 of the Regulatory Powers Act:

(a) a civil penalty provision in Part 2 (regulation of road vehicles

and road vehicle components) of this Act;

(b) a strict liability offence against a provision in Part 3 (recalls

of road vehicles or approved road vehicle components) of

this Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer and relevant chief executive

(2) For the purposes of Part 5 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1):

(a) each of the following persons is an infringement officer:

(i) the Secretary;

(ii) an SES employee, or acting SES employee, in the

Department; and

(b) the Secretary is the relevant chief executive.

Single infringement notice may deal with more than one

contravention

(3) Despite subsection 103(3) of the Regulatory Powers Act, a single

infringement notice may be given to a person in respect of:

Compliance and enforcement Part 4

Civil penalties, infringement notices, enforceable undertakings and injunctions

Division 5

Section 56

No. , 2018

Road Vehicle Standards Bill 2018

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

subsection (1); or

(b) alleged contraventions of 2 or more provisions mentioned in

subsection (1).

However, the notice must not require the person to pay more than

one amount in respect of the same conduct.

Liability of Crown

(4) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), does not make the

Crown liable to be given an infringement notice.

56 Modifications of Part 5 of the Regulatory Powers Act

Amount to be stated in an infringement notice

(1) Subsections 104(2) and (3) of the Regulatory Powers Act do not

apply in relation to the amount to be stated in an infringement

notice for the purposes of paragraph 104(1)(f) of that Act for an

alleged contravention by a person of any of the following strict

liability offences:

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

(b) subsection 39(2) (notification requirements--compulsory

recalls);

recalls).

(2) The amount to be stated in an infringement notice for the purposes

of paragraph 104(1)(f) of the Regulatory Powers Act for an alleged

contravention by a person of a strict liability offence mentioned in

subsection (1) of this section is:

(a) if the notice relates to only one alleged contravention of the

offence by the person--the amount worked out using the

table below; or

(b) if the notice relates to more than one alleged contravention of

the offence by the person--using the table below, the total

amount worked out by adding together the amounts for each

alleged contravention to which the notice relates.

Part 4 Compliance and enforcement

Division 5 Civil penalties, infringement notices, enforceable undertakings and

injunctions

Section 57

Road Vehicle Standards Bill 2018

No. , 2018

Amount to be stated in an infringement notice

Item

If the infringement notice is for an

alleged contravention of one of the

following strict liability offences ...

the amount is ...

subsection 38(3)

(a) if the person is a listed

corporation--600 penalty units;

(b) if the person is a body corporate

other than a listed corporation--

60 penalty units; or

corporate--12 penalty units

subsection 39(2) or 40(2)

(a) if the person is a body

corporate--30 penalty units; or

(b) if the person is not a body

corporate--6 penalty units

57 Enforceable undertakings under Part 6 of the Regulatory Powers

Act

Enforceable provisions

(1) A civil penalty provision of this Act is enforceable under Part 6 of

the Regulatory Powers Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for accepting

and enforcing undertakings relating to compliance with provisions.

Authorised person and relevant court

(2) For the purposes of Part 6 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1):

(a) each of the following persons is an authorised person:

(i) the Minister;

(ii) the Secretary;

Compliance and enforcement Part 4

Civil penalties, infringement notices, enforceable undertakings and injunctions

Division 5

Section 58

No. , 2018

Road Vehicle Standards Bill 2018

(iii) an SES employee, or acting SES employee, in the

Department; and

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

relevant court.

Enforceable undertaking must be published on the Department's

website

(3) An authorised person in relation to a provision mentioned in

subsection (1) must publish, on the Department's website:

(a) notice of a decision to accept an undertaking given in relation

to the provision; and

(b) the name of the person who gave the undertaking.

58 Injunctions under Part 7 of the Regulatory Powers Act

Enforceable provisions

(1) A civil penalty provision of this Act is enforceable under Part 7 of

the Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

Authorised person and relevant court

(2) For the purposes of Part 7 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1):

(a) each of the following persons is an authorised person:

(i) the Minister;

(ii) the Secretary;

(iii) an SES employee, or acting SES employee, in the

Department; and

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

relevant court.

Part 4 Compliance and enforcement

Division 6 Miscellaneous

Section 59

Road Vehicle Standards Bill 2018

No. , 2018

Division 6--Miscellaneous

59 Physical elements of offences

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the conduct rule

provision) commits an offence.

(2) For the purposes of applying Chapter 2 of the Criminal Code to the

offence, the physical elements of the offence are set out in the

conduct rule provision.

Note:

Chapter 2 of the Criminal Code sets out general principles of criminal

responsibility.

60 Contravening an offence provision or a civil penalty provision

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the conduct provision)

commits an offence or is liable to a civil penalty.

(2) For the purposes of this Act, and the Regulatory Powers Act to the

extent that it relates to this Act, a reference to a contravention of an

offence provision or a civil penalty provision includes a reference a

contravention of the conduct provision.

Part 5 Administration

Division 2 Computerised decision-making

Section 62

Road Vehicle Standards Bill 2018

No. , 2018

Division 2--Computerised decision-making

62 Minister may arrange for use of computer programs to make

decisions etc.

(1) The Minister may arrange for the use, under the Minister's control,

of computer programs for any purposes for which the Minister

may, or must, under this Act:

(a) make a decision; or

(b) exercise any power or comply with any obligation; or

power, or complying with an obligation.

(2) The Minister is taken to have:

(a) made a decision; or

(b) exercised a power or complied with an obligation; or

exercise of a power, or the compliance with an obligation;

that was made, exercised, complied with, or done (as the case

requires) by the operation of a computer program under an

arrangement made under subsection (1).

63 Minister may substitute more favourable decisions for certain

computer-based decisions

(1) The Minister may substitute a decision (the substituted decision)

for a decision (the initial decision) made by the operation of a

computer program under an arrangement made under

subsection 62(1) if:

(a) the computer program was not functioning correctly:

(i) at a specified time or during a specified period; and

(ii) in relation to specified outcomes from the operation of

that program under an arrangement made under

subsection 62(1); and

(b) the substituted decision could have been made under the

same provision of this Act as the initial decision; and

Administration Part 5

Computerised decision-making Division 2

Section 64

No. , 2018

Road Vehicle Standards Bill 2018

(2) The Minister does not have a duty to consider whether to exercise

the power under subsection (1) in respect of any decision, whether

he or she is requested to do so by the applicant or by any other

person, or in any other circumstances.

(3) Subsection (1) has effect despite:

(a) any law of the Commonwealth; or

(b) any rule of common law;

to the contrary effect.

64 Use of computer programs by Secretary to make decisions etc.

Sections 62 and 63 apply in relation to the Secretary in the same

way as those sections apply in relation to the Minister.

Part 5 Administration

Division 3 Sharing information

Section 65

Road Vehicle Standards Bill 2018

No. , 2018

Division 3--Sharing information

65 Sharing information

(1) The Secretary may give information, a record or document, or a

copy of a record or document, obtained in the performance of

functions or exercise of powers by a person under this Act (the

road vehicle information) to:

(a) a body responsible for maintaining the RAV; or

(b) the Australian Competition and Consumer Commission for

use by the Commission in relation to:

(i) any of the Commission's functions and powers under or

in relation to Part XI of the Competition and Consumer

Act 2010 or the Australian Consumer Law; or

(ii) any of the Commission's powers under Part XII of that

Act that relate to the laws mentioned in

subparagraph (i); or

use by the Department in relation to the Department's

functions and powers under or in relation to the Customs Act

1901; or

(d) an authority of a State or a Territory that has responsibilities

for the registration of road vehicles; or

(e) a national regulatory authority of a foreign country that has

national responsibility relating to road vehicle standards; or

(f) an international body responsible for:

(i) investigating contraventions of international agreements

or international decisions; or

(ii) administering or ensuring compliance with international

agreements or international decisions; or

(g) any other body prescribed by the rules.

(2) The road vehicle information may be or include personal

information.

Note:

For use or disclosure of personal information, see the Privacy Act

1988.

Administration Part 5

Sharing information Division 3

Section 65

No. , 2018

Road Vehicle Standards Bill 2018

(3) The road vehicle information may not be used or disclosed by a

body mentioned in subsection (1) for a commercial purpose.

(4) This section does not limit any other powers the Secretary has to

disclose information to a person.

(5) In this section:

Immigration and Border Protection Department means the

Department administered by the Minister administering the

Customs Tariff Act 1995.

Part 5 Administration

Division 4 Cost recovery

Section 66

Road Vehicle Standards Bill 2018

No. , 2018

Division 4--Cost recovery

Subdivision A--Fees

66 Fees for fee-bearing activities

(1) The rules may prescribe fees that may be charged in relation to

activities (fee-bearing activities) carried out by, or on behalf of, the

Commonwealth in performing functions and exercising powers

under this Act.

(2) Without limiting subsection (1), the rules may do any of the

following:

(a) prescribe 2 or more fees for the same matter;

(b) prescribe a method for working out a fee;

paying a specified fee;

(d) prescribe the circumstances in which the Secretary may

waive a fee;

(e) prescribe the circumstances in which a fee may be refunded,

in whole or in part;

(f) prescribe a method for working out the refund of part of a

fee.

(3) A fee prescribed under subsection (1) must not be such as to

amount to taxation.

Subdivision B--Payment of cost-recovery charges

67 Paying cost-recovery charges

The rules may:

(a) prescribe the time when a specified cost-recovery charge is

due and payable; and

(b) prescribe the way in which a specified cost-recovery charge

is payable; and

specified cost-recovery charge.

Administration Part 5

Cost recovery Division 4

Section 68

No. , 2018

Road Vehicle Standards Bill 2018

Subdivision C--Unpaid cost-recovery charges

68 Late payment fee

(1) If the rules specify the time when a cost-recovery charge (the basic

charge) is due and payable, the rules may also specify a fee (a late

payment fee) that is due and payable if the basic charge is not paid

at or before that time.

(2) Without limiting subsection (1), a late payment fee may relate to

each day or part of a day that the basic charge remains unpaid after

becoming due and payable.

(3) The rules may prescribe one or more persons who are liable to pay

a late payment fee in relation to a cost-recovery charge referred to

in paragraph (a) or (b) of the definition of cost-recovery charge in

subsection 5(1).

69 Recovery of cost-recovery charges

A cost-recovery charge that is due and payable to the

Commonwealth under this Act may be recovered as a debt due to

the Commonwealth by action in a relevant court.

70 Suspending or revoking approvals because of unpaid

cost-recovery charges

(1) The rules may, in relation to approvals granted under this Act,

provide for or in relation to the suspension or revocation of such

approvals in circumstances where the holder of such an approval is

liable to pay a cost-recovery charge that is due and payable.

(2) To avoid doubt, subsection (1) does not limit the rules from

providing for or in relation to other circumstances in which

approvals granted under this Act can be suspended or revoked.

Note:

See for example paragraphs 19(2)(c) and 23(c), which allow the rules

to provide for or in relation to suspension or revocation of certain

approvals.

Part 5 Administration

Division 4 Cost recovery

Section 71

Road Vehicle Standards Bill 2018

No. , 2018

71 Secretary may direct that activities not be carried out

If a person (the debtor) is liable to pay a cost-recovery charge that

is due and payable, the Secretary may refuse to carry out, or direct

a person not to carry out, specified activities or kinds of activities

in relation to the debtor under this Act until the cost-recovery

charge has been paid.

Subdivision D--Miscellaneous

72 Secretary may remit or refund cost-recovery charges

(1) The Secretary may remit or refund the whole or part of a

cost-recovery charge that is payable or paid to the Commonwealth

if the Secretary is satisfied there are circumstances that justify

doing so.

(2) The Secretary may do so on his or her own initiative or on written

application by a person.

Administration Part 5

Delegations Division 5

Section 73

No. , 2018

Road Vehicle Standards Bill 2018

Division 5--Delegations

73 Delegation by the Minister

(1) The Minister may, by writing, delegate all or any of the Minister's

functions or powers under this Act (other than those mentioned in

subsection (4)) to:

(a) the Secretary; or

(b) an SES employee, or an acting SES employee, in the

Department.

(2) The functions or powers that may be delegated under

subsection (1) include functions or powers the Minister has as an

authorised applicant or authorised person for the purposes of a

provision of the Regulatory Powers Act because of this Act.

(3) In performing functions or exercising powers under a delegation,

the delegate must comply with any directions of the Minister.

(4) Subsection (1) does not apply to the following functions and

powers:

(a) the power to determine national road vehicle standards under

section 12;

(b) the power to make rules under section 82.

(5) The rules may provide for and in relation to the delegation of all or

any of the Minister's functions or powers under the rules or any

instruments made under the rules (other than those mentioned in

subsection (6)) to:

(a) the Secretary; or

(b) an APS employee.

(6) Subsection (5) does not apply to the following functions and

powers:

(a) the power to issue a recall notice in relation to the

compulsory recall of a road vehicle or approved road vehicle

component;

(b) the power to determine specified matters by legislative

instrument.

Part 5 Administration

Division 5 Delegations

Section 74

Road Vehicle Standards Bill 2018

No. , 2018

(7) The definition of this Act in section 5 does not apply to this

section.

74 Delegation by the Secretary

(1) The Secretary may, by writing, delegate any or all of his or her

functions or powers under this Act (other than those mentioned in

subsection (4)) to an SES employee, or acting SES employee, in

the Department.

(2) The functions or powers that may be delegated under

subsection (1) include functions or powers the Secretary has as a

relevant chief executive, authorised applicant, infringement officer

or authorised person for the purposes of a provision of the

Regulatory Powers Act because of this Act.

(3) In performing functions or exercising powers under a delegation,

the delegate must comply with any directions of the Secretary.

(4) Subsection (1) does not apply to the power to determine that:

(a) a vehicle of a particular class is, or is not, a road vehicle

under section 6; and

(b) a component of a particular class is, or is not, a road vehicle

component under section 7.

(5) The rules may provide for and in relation to the delegation to an

APS employee of all or any of the Secretary's functions or powers

under:

(a) the rules; and

(b) any instruments made under the rules.

(6) The definition of this Act in section 5 does not apply to this

section.

Part 6 Miscellaneous

Division 2 Interactions with other laws

Section 76

Road Vehicle Standards Bill 2018

No. , 2018

Division 2--Interactions with other laws

76 Authority to take delivery of imported vehicles

If an authority to deal with an imported road vehicle under the

Customs Act 1901 is subject to the condition that a specified

permission for the vehicle be obtained under this Act, then that

condition is taken to be satisfied if:

(a) both:

(i) the person to whom the authority relates is the holder of

a road vehicle type approval; and

(ii) the imported road vehicle is of a type to which the road

vehicle type approval applies; or

(b) the person to whom the authority relates is the holder of an

import approval and details of the imported road vehicle are

specified in the approval.

77 Application of the Australian Consumer Law

For the purposes of sections 106 and 122 (other than

subsection 106(7)) of the Australian Consumer Law, a national

road vehicle standard is to be taken to be a safety standard (within

the meaning of the Australian Consumer Law).

78 Road vehicle need not comply with State or Territory standards

(1) Subject to this Act, a road vehicle may be used in transport on a

public road in a State or Territory, even though it does not comply

with a road vehicle standard imposed by a law of the State or

Territory, if:

(a) at the time the road vehicle is provided by a person for the

first time in Australia:

(i) the vehicle is a new road vehicle; and

(ii) the vehicle is on the RAV; and

(iii) the vehicle complies with the standards mentioned in

subsection (3); and

(b) the vehicle:

Miscellaneous Part 6

Interactions with other laws Division 2

Section 78

No. , 2018

Road Vehicle Standards Bill 2018

(i) was manufactured or provided by a constitutional

corporation for use in transport; or

(ii) is owned or used, or to be owned or used, by a

constitutional corporation; or

(iii) is used, or to be used, exclusively or predominantly in

trade or commerce among the States or between a State

and a Territory; or

(iv) is used, or to be used, in a Territory or Commonwealth

place.

(2) For the purposes of paragraph (1)(a), in working out whether a

road vehicle is provided for the first time in Australia, the

provision of a road vehicle in a circumstance mentioned in

paragraph (a) to (f) of the definition of new road vehicle in

subsection (5) is to be disregarded.

(3) For the purposes of subparagraph (1)(a)(iii), the standards are:

(a) if the vehicle has been modified before the vehicle is

provided for the first time in Australia and the modification

causes the vehicle to not satisfy the requirements of the entry

pathway that applied at the time the vehicle was entered on

the RAV--the standards imposed by this Act, at the time of

the modification, in relation to the vehicle as modified; or

(b) otherwise--the standards imposed by this Act in relation to

the vehicle at the time the vehicle was entered on the RAV.

Note:

For modifications of road vehicles on the RAV, see section 26.

(4) To avoid doubt, this section does not prevent a law of a State or

Territory from prohibiting or regulating a road vehicle's use in

transport on a public road in the State or Territory if:

(a) the vehicle ceases to comply with the standards mentioned in

subsection (3); or

(b) the operation of the vehicle becomes defective in any respect.

(5) In this section:

new road vehicle means a road vehicle that has not been used in

transport on a public road in Australia or outside Australia, other

than:

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Division 2 Interactions with other laws

Section 79

Road Vehicle Standards Bill 2018

No. , 2018

(a) to have work done on it; or

(b) to protect it; or

(d) if the vehicle has been imported--to transport it to the

importer; or

(e) if the vehicle is to be exported--to transport it to the

exporter; or

(f) in a circumstance set out in the rules.

road vehicle standard means a standard for road vehicles that is

designed to:

(a) make such vehicles safe to use; or

(b) control the emission of gas, particles or noise from such

vehicles; or

(d) provide for security marking of such vehicles; or

(e) promote the saving of energy.

79 Severability--additional effect of Act

(1) Without limiting its effect apart from this section, this Act also has

effect as provided by this section.

(2) To avoid doubt, no subsection of this section limits the operation of

any other subsection of this section.

(3) This Act also has the effect that it would have if its operation were

expressly confined to acts or omissions taking place in the course

of, or in relation to, trade or commerce:

(a) between Australia and places outside Australia; or

(b) among the States; or

between 2 Territories; or

(d) by way of the supply of road vehicles or approved road

vehicle components to the Commonwealth or an authority or

instrumentality of the Commonwealth.

(4) This Act also has the effect that it would have if its operation were

expressly confined to:

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(a) acts or omissions of:

(i) constitutional corporations; or

(ii) entities acting for or on behalf of a constitutional

corporation; or

(b) exercising a power or performing a function that affects a

person that is a constitutional corporation; or

constitutional corporation.

(5) This Act also has the effect that it would have if its operation were

expressly confined to acts or omissions taking place outside

Australia.

(6) This Act also has the effect that it would have if its operation were

expressly confined to matters:

(a) with respect to Australia's rights and obligations under an

agreement with one or more countries; or

(b) that are of international concern.

(7) This Act also has the effect it would have if its operation were

expressly confined to acts using postal, telegraphic, telephonic, and

other like services (within the meaning of paragraph 51(v) of the

Constitution).

(8) This Act also has the effect that it would have if its operation were

expressly confined to:

(a) acts or omissions that occur at a Commonwealth place; or

(b) exercising a power, performing a function, conferring a right,

or imposing an obligation, in relation to a person or thing in a

Commonwealth place.

(9) This Act also has the effect that it would have if its operation were

expressly confined to:

(a) acts or omissions taking place in a Territory; or

(b) exercising a power, performing a function, conferring a right,

or imposing an obligation, in relation to a person or thing in a

Territory.

(10) The definitions of Australia and trade or commerce in section 5 do

not apply to this section.

Part 6 Miscellaneous

Division 3 Basis on which approvals granted

Section 80

Road Vehicle Standards Bill 2018

No. , 2018

Division 3--Basis on which approvals granted

80 Basis on which approvals granted

An approval granted under this Act is granted on the basis that:

(a) conditions may be imposed on the approval under this Act;

and

(b) conditions imposed on the approval may be varied or

removed under this Act; and

and

(d) the approval may be cancelled, revoked, terminated or varied

by or under later legislation; and

(e) once the approval ceases to be in force--both:

(i) conditions may be imposed under this Act on the person

who held the approval; and

(ii) conditions imposed on that person may be varied or

removed under this Act; and

(f) no compensation is payable if:

(i) conditions are imposed on the approval as mentioned in

paragraph (a), or are varied or removed as mentioned in

paragraph (b); or

(ii) the approval is suspended, cancelled, revoked,

terminated or varied, as mentioned in paragraph (c) or

(d); or

(iii) conditions are imposed on the person who held the

approval, or those conditions are varied or removed, as

mentioned in paragraph (e).

Miscellaneous Part 6

Miscellaneous Division 4

Section 81

No. , 2018

Road Vehicle Standards Bill 2018

Division 4--Miscellaneous

81 Immunity from suit

(1) An action or proceeding does not lie against the Commonwealth in

respect of any loss incurred, or any damage suffered, because of

reliance on:

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

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

that a road vehicle or a road vehicle component complied

with this Act; or

(d) an approval granted under this Act.

(2) An action or proceeding, whether criminal or civil, does not lie

against the following persons:

(a) the Minister;

(b) the Secretary;

(d) an APS employee in the Department;

in relation to anything done, or omitted to be done, in good faith by

the person in connection with the performance or purported

performance of functions or duties, or the exercise or purported

exercise of powers, conferred by this Act.

82 Rules

(1) The Minister may, by legislative instrument, make rules

prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2) Without limiting subsection (1), the rules may do the following:

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Division 4 Miscellaneous

Section 82

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No. , 2018

(a) provide for and in relation to the determination of specified

matters by the Minister by legislative instrument;

(b) confer a power to make a decision of an administrative

character on the Minister or the Secretary;

under this Act, the rules or any instrument made under the

rules;

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

(i) a power to request information or documents from the

holder of the approval; or

(ii) a power of entry and search of premises where activities

are carried out under, or in relation to, the approval;

(e) provide for and in relation to the publication of approvals,

and details relating to approvals, granted under this Act;

(f) in relation to matters which are required or permitted by this

Act to be prescribed by the rules--provide for and in relation

to ancillary or incidental matters.

(3) 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 (other than as mentioned in

subparagraph (2)(d)(ii));

(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.

(4) The definition of this Act in section 5 does not apply to this

section.

Consultation on rules etc. relating to personal information

(5) Before:

(a) making rules, or legislative instruments under the rules, that

relate to the collection, use, disclosure or publication of

personal information on the RAV; or

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Miscellaneous Division 4

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Road Vehicle Standards Bill 2018

(b) making rules for the purposes of paragraph 65(1)(g) to

prescribe a body to which personal information may be

disclosed;

the Minister must consult the Information Commissioner in

relation to matters that relate to the privacy functions (within the

meaning of the Australian Information Commissioner Act 2010)

and have regard to any submissions made by the Information

Commissioner because of that consultation.

Incorporation by reference

(6) Despite subsection 14(2) of the Legislation Act 2003, the rules and

any instrument made under the rules may make provision in

relation to a matter by applying, adopting or incorporating, with or

without modification, any matter contained in an instrument or

other writing as in force or existing from time to time.

Commonwealth of Australia Bills

ROAD VEHICLE STANDARDS BILL 2018