Commonwealth Numbered Regulations - Explanatory Statements

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MOTOR VEHICLE STANDARDS REGULATIONS (AMENDMENT) 1991 NO. 66

STATUTORY RULES 1991 No. 66

Minute No. 10 of 1991 - Minister for land Transport

Subject - Motor Vehicle Standards Act 1989

Motor Vehicle Standards Regulations (Amendment)

Section 42 of the Motor Vehicle Standards Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Section 24 of the Act specifically allows for regulations to be made prescribing fees in relation to certain matters.

The object of the Act is to achieve uniform vehicle standards in relation to road vehicles when they begin to be used in transport in Australia.

The proposed amendments take account of amendments made to the Act in January 1996, refine the operation of the Regulations made in Statutory Rules No 202 of 1989 and impose a new schedule of Fees.

Details of the proposed amendments are in the Attachment.

The proposed Regulations will commence on the date of their notification in the Gazette.

The Minute recommends that the Regulations be made in the form proposed.,

Authority: Sections 24 and 42 of the Motor Vehicle Standards Act 1989

ATTACHMENT

Motor Vehicle Standards Regulations (Amendment)

Regulation 1 - Amendment

This regulation provides that the Motor Vehicle Standards Regulations are to be amended as set out in the amending regulations.

Regulation 2 - Regulation 4 (Arrangements under section 9 and 10 of the Act - procedures)

Section 9 of the Act originally allowed the Minister to make arrangements in accordance with the Regulations for such things as the testing and inspection of road vehicles, facilities for testing road vehicles etc. This provision was amended by the Transport and Communications Legislation Amendment Act (No 2) 1990 to enable the Minister to make determinations under section 9 specifying procedures to be observed by manufacturers and importers for, inter alia, the testing and inspection of road vehicles.

The existing regulation 4 prescribes the arrangements referred to in the original section 9. With the amendment to section 9 regulation 4 is no longer required and will be omitted.

Regulation 3 - Regulation 5 (Arrangements under section 10 of the Act - applications and authority to place compliance plates on road vehicles)

This regulation amends subregulation 5(2) to reflect the fact that regulation 4 will be omitted. Procedures will no longer be approved under regulation 4 but determined by the Minister under section 9 of the Act.

Regulation 4 - Regulation 9 (Nonstandard road vehicles importation)

Regulation 9 deals with approval to import nonstandard road vehicles and in particular approval for the importation of road vehicles that are the personal possessions of Australian citizens and Australian permanent residents.

The proposed amendment refines the operation of the existing regulation 9 so that where a person satisfies the criteria set out in subregulation 9(5) (relating to personal use of a vehicle) the Minister must approve the application to import the nonstandard vehicle.

Regulation 5 - Regulation 16 (Saving-approvals given before the commencement of these Regulations)

This regulation corrects a spelling error.

Regulation 6 - Schedule

The Schedule to the Regulations refers to fees payable to the Commonwealth in respect of a matter specified in column 2 of the schedule and the fee as specified in column 3 of the schedule.

The proposed amendments to the fees reflect charges necessary under cost recovery for the administration of the Motor Vehicle Standards Act 1989.