(1) A vehicle need not
comply with an ADR applied by regulation 236(2) or 238(2)
if —
(a)
despite non‑compliance with the ADR —
(i)
before the repeal of the
Motor Vehicle Standards Act 1989 (Commonwealth) an approval was given
under section 10A(2) or (3) of that Act to place an identification
plate on the vehicle; or
(ii)
an approval is given under the Road Vehicle Standards
(Consequential and Transitional Provisions) Act 2018 (Commonwealth)
Schedule 3 item 4(2) or 6(2);
and
(b) the
vehicle complies with the approval conditions (if any).
(2) A vehicle need not
comply with an ADR applied by regulation 236(2) or 238(2)
if —
(a)
either —
(i)
before the repeal of the
Motor Vehicle Standards Act 1989 (Commonwealth) the vehicle was
permitted to be supplied to the market under section 14A(1) of that Act;
or
(ii)
an approval is given under the Road Vehicle Standards
(Consequential and Transitional Provisions) Act 2018 (Commonwealth)
Schedule 3 item 11(2);
and
(b) for
a vehicle for which an approval has been given as described in
paragraph (a)(i) or (ii) — the vehicle complies with the
approval conditions (if any).
(3) A vehicle need not
comply with an ADR applied by regulation 236(2) or 238(2)
if —
(a)
before the repeal of the Motor Vehicle Standards Act 1989 (Commonwealth)
the vehicle was permitted to be used in transport in Australia under
section 15(2) of that Act; and
(b) for
a vehicle for which an approval has been given under that
section — the vehicle complies with the approval conditions
(if any).
[Regulation 240 amended: SL 2021/81
r. 12.]