Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 34, 2024
Compilation No. 1
Compilation date: 21 February 2025
Includes amendments: Act No. 14, 2025
About this compilation
This compilation
This is a compilation of the New Vehicle Efficiency Standard Act 2024 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Part 1--Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Crown to be bound
6 Extension to external Territories
7 Extraterritorial application
8 Constitutional basis of this Act
9 Additional operation of this Act
10 Definitions
Part 2--New vehicle efficiency standard
Division 1--Introduction
11 Simplified outline of this Part
Division 2--Covered vehicles
15 Off-road passenger vehicles
Division 3--Emissions from covered vehicles
Subdivision A--Final and interim emissions value
17 Duty to ensure that final emissions value is zero or less
Subdivision B--Emissions number
Subdivision C--Emissions target
Division 4--Determinations made by the Minister
Subdivision A--Determinations
28 Concessional RAV entry approval pathway
29 Status for class of vehicle
30 Heavy off-road passenger vehicles
31 Headline limit and breakpoint
32 Mass adjustment factor and reference MIRO
Subdivision B--Making a determination
33 Making a determination under this Division
34 Publication of reasons
35 Incorporation of other instruments
Subdivision C--Consultation requirements
36 Public consultation
Part 3--Units issued in respect of covered vehicles
Division 1--Introduction
37 Simplified outline of this Part
Division 2--Issue of units
38 How units are issued etc.
39 Interim emissions value less than zero
40 Adjusted RAV entries
41 Destroyed vehicles
Division 3--Extinguishment and transfer of units
42 Units extinguished for purpose of reducing final emissions value
43 Units extinguished other than for purpose of reducing final emissions value
44 Units extinguished 3 years after issue unless extinguished earlier
45 Request to transfer units
46 Secretary may refuse to extinguish or transfer units
Division 4--Property in units
47 Units are personal property
48 Ownership of units
49 Equitable interests in relation to units
Part 4--The Registry
Division 1--Introduction
50 Simplified outline of this Part
Division 2--The Registry and registry accounts
Subdivision A--Establishing and maintaining the Registry
51 The New Vehicle Efficiency Standard Unit Registry
52 Assistance of Clean Energy Regulator
Subdivision B--Opening and closing registry accounts
53 Application to open registry account
54 Request for further information
55 Opening of registry account
56 Voluntary closure of registry account
57 Unilateral closure of registry account
Division 3--Correction and rectification of the Registry
58 Corrections of clerical errors, obvious defects or unauthorised entries etc.
59 Rectification of the Registry by court order
Division 4--Offences and civil penalties
60 False or misleading information
61 False Registry copies or extracts
62 Contravention of requirement in relation to registry account
63 Contravention of condition imposed on registry account
64 Failure of former registry account holder to retain record
65 Failure of former registry account holder to provide information
Division 5--Other matters
66 Suspension of operation of the Registry
67 Evidentiary provisions
68 Transmission of units by operation of law etc.
69 Rules for or in relation to the Registry
Part 5--Compliance and enforcement
Division 1--Introduction
70 Simplified outline of this Part
71 Appointment of inspectors
Division 2--Notices to produce
72 Secretary may require person to give information etc.
73 Retention of documents
Division 3--Monitoring
74 Monitoring powers
Division 4--Investigation
75 Investigation powers
Division 5--Civil penalties
Division 6--Infringement notices
77 Infringement notices
Division 7--Enforceable undertakings
78 Enforceable undertakings
Division 8--Modifications of the Regulatory Powers Act
79 Duty to ensure that final emissions value is zero or less--civil penalty
80 Duty to ensure that final emissions value is zero or less--ancillary contraventions
81 Duty to ensure that final emissions value is zero or less--mistake of fact
82 Duty to ensure that final emissions value is zero or less--infringement notice
Division 9--Adverse publicity orders
83 Adverse publicity order in relation to duty to ensure that final emissions value is zero or less
Division 10--Non-punitive orders
84 Non-punitive orders
Part 6--Miscellaneous
Division 1--Introduction
85 Simplified outline of this Part
Division 2--Publication and sharing of information
86 Publication of information
87 Sharing of information
Division 3--Delegation
88 Delegation
Division 4--Other matters
89 Reviewable decisions
90 Indexation
91 Compensation for acquisition of property
92 Rules
93 Review of operation of Act
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
rs = repealed and substituted | |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
34, 2024 | 31 May 2024 | 1 January 2025 (s 2(1) item 1) |
| |
Administrative Review Tribunal (Miscellaneous Measures) Act 2025 | 14, 2025 | 20 Feb 2025 | Sch 2 (items 128-130): 21 February 2025 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 4 |
|
Division 5 |
|
s 69.................... | am No 14, 2025 |
| ed C1 |
Part 6 |
|
Division 1 |
|
s 85.................... | am No 14, 2025 |
| ed C1 |
Division 4 |
|
s 89.................... | am No 14, 2025 |
| ed C1 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Paragraphs 69(2)(i) and 85(c) and section 89
Kind of editorial change
Give effect to the misdescribed amendments as intended
Details of editorial change
Part 14 of Schedule 2 to the Administrative Review Tribunal (Miscellaneous Measures) Act 2025 provides as follows:
Schedule 2--Consequential amendments
[...]
Part 14--Infrastructure, Transport, Regional Development, Communications and the Arts
[...]
New Vehicle Standards Efficiency Act 2024
The title to be amended reads "New Vehicle Standards Efficiency Act 2024" rather than the correct title of "New Vehicle Efficiency Standard Act 2024".
This compilation was editorially changed by applying the amendments from items 128-130 of Part 14 of Schedule 2 to the Administrative Review Tribunal (Miscellaneous Measures) Act 2025 to the New Vehicle Efficiency Standard Act 2024 to give effect to the misdescribed amendments as intended.