Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 163, 2018
Compilation No. 2
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 17 November 2021
About this compilation
This compilation
This is a compilation of the Road Vehicle Standards Act 2018 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introduction
Division 1--Preliminary
1 Short title
2 Commencement
Division 2--Objects of this Act
3 Objects of this Act
Division 3--Simplified outline of this Act
4 Simplified outline of this Act
Division 4--Definitions
6 Meaning of road vehicle
7 Meaning of road vehicle component
Division 5--Miscellaneous
8 Act to bind Crown
9 Crown not liable to prosecution
10 Extraterritorial application
Part 2--Regulation of road vehicles and road vehicle components
Division 1--Simplified outline of this Part
11 Simplified outline of this Part
Division 2--National road vehicle standards
12 Minister may determine national road vehicle standards
13 Rules
Division 3--The Register of Approved Vehicles
14 Register of Approved Vehicles
15 Entering vehicles on RAV
16 Entry of non-compliant vehicles on RAV
17 Information entered on RAV dishonestly or improperly
18 Incorrect information entered on RAV
19 Rules
Division 4--Specialist and Enthusiast Vehicles Register
20 Specialist and Enthusiast Vehicles Register
21 Rules
Division 5--Importation of road vehicles
23 Rules
Division 6--Provision of road vehicles not on RAV
24 Providing road vehicle for the first time in Australia--vehicle not on RAV
Division 7--Modifying road vehicles
25 Rules
26 Modification of road vehicle on RAV
Division 8--Supplying road vehicle components
27 Misrepresentation that a road vehicle component is an approved road vehicle component
Division 9--Miscellaneous
Subdivision A--Breach of condition of approvals
28 Breach of condition of approval--general
29 Breach of condition of approval--export or destruction of road vehicle
Subdivision B--Record-keeping obligations
30 Breach of obligation to provide records after approval ceases to be in force
Subdivision C--False or misleading declarations etc.
31 False or misleading declaration
32 False or misleading information
Subdivision D--Liability of executive officers
33 Personal liability of an executive officer of a body corporate
34 Reasonable steps to prevent offence or contravention
Subdivision E--Pecuniary penalties and bodies corporate
35 Determining pecuniary penalties for bodies corporate
Part 3--Recalls of road vehicles or approved road vehicle components
Division 1--Simplified outline of this Part
36 Simplified outline of this Part
Division 2--Rules
37 Rules
Division 3--Complying with recalls
38 Compliance with recall notices
39 Notification requirements--compulsory recalls
40 Notification requirements--voluntary recalls
Division 4--Disclosure notices
41 Power to obtain information etc.
42 Self-incrimination
43 Compliance with disclosure notices
44 False or misleading information etc.
Division 5--Miscellaneous
45 References to supply of road vehicles and approved road vehicle components
46 Compensation for acquisition of property
47 Operation of other laws
Part 4--Compliance and enforcement
Division 1--Simplified outline of this Part
48 Simplified outline of this Part
Division 2--Inspectors
49 Appointment of inspectors
Division 3--Monitoring
50 Monitoring under Part 2 of the Regulatory Powers Act
51 Modifications of Part 2 of the Regulatory Powers Act
Division 4--Investigation
52 Investigating under Part 3 of the Regulatory Powers Act
53 Modifications of Part 3 of the Regulatory Powers Act
Division 5--Civil penalties, infringement notices, enforceable undertakings and injunctions
54 Civil penalties under Part 4 of the Regulatory Powers Act
55 Infringement notices under Part 5 of the Regulatory Powers Act
56 Modifications of Part 5 of the Regulatory Powers Act
57 Enforceable undertakings under Part 6 of the Regulatory Powers Act
58 Injunctions under Part 7 of the Regulatory Powers Act
Division 6--Miscellaneous
59 Physical elements of offences
60 Contravening an offence provision or a civil penalty provision
Part 5--Administration
Division 1--Simplified outline of this Part
61 Simplified outline of this Part
Division 2--Computerised decision-making
62 Minister may arrange for use of computer programs to make decisions etc.
63 Minister may substitute more favourable decisions for certain computer-based decisions
64 Use of computer programs by Secretary to make decisions etc.
Division 3--Sharing information
65 Sharing information
Division 4--Cost recovery
Subdivision A--Fees
66 Fees for fee-bearing activities
Subdivision B--Payment of cost-recovery charges
67 Paying cost-recovery charges
Subdivision C--Unpaid cost-recovery charges
69 Recovery of cost-recovery charges
70 Suspending or revoking approvals because of unpaid cost-recovery charges
71 Secretary may direct that activities not be carried out
Subdivision D--Miscellaneous
72 Secretary may remit or refund cost-recovery charges
Division 5--Delegations
73 Delegation by the Minister
74 Delegation by the Secretary
Part 6--Miscellaneous
Division 1--Simplified outline of this Part
75 Simplified outline of this Part
Division 2--Interactions with other laws
76 Authority to take delivery of imported vehicles
77 Application of the Australian Consumer Law
78 Road vehicle need not comply with State or Territory standards
79 Severability--additional effect of Act
Division 3--Basis on which approvals granted
80 Basis on which approvals granted
Division 4--Miscellaneous
81 Immunity from suit
82 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
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 |
F = Federal Register of Legislation | 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 |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
163, 2018 | 10 Dec 2018 | s 15-18, 22, 24, 26, 29, 38-47 and 75-78: 1 July 2021 (s 2(1) items 3, 5, 7, 9, 11, 13, 15) |
| |
66, 2019 | 13 Sept 2019 | Sch 1 (items 1-7): 14 Sept 2019 (s 2(1) item 1) | -- | |
13, 2021 | 1 Mar 2021 | Sch 2 (items 729-731): 1 Sept 2021 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 1 |
|
Division 1 |
|
s 2..................... | am No 66, 2019 |
Division 4 |
|
s 5..................... | am No 13, 2021 |
Part 4 |
|
Division 3 |
|
s 50.................... | am No 13, 2021 |
Division 4 |
|
s 52.................... | am No 13, 2021 |