Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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:
(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;
(c) provide for and in relation to the review of a decision made 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:
(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
(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
(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.
(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.
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.
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.
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.
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.