Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 24

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).

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.