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
(c) the vehicle is not on the RAV.
(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
(c) to store 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:
(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).
(6) A person is liable to a civil penalty if the person contravenes subsection ( 1).
Civil penalty: 120 penalty units.