(1) In this
regulation —
personally imported vehicle means a vehicle built
after 1968 that is imported into Australia by a person who —
(a)
owned and used the vehicle for a continuous period of at least 12 months
before it was imported into Australia; and
(b) when
the vehicle was imported into Australia, was —
(i)
an Australian citizen or permanent resident or a person
who had applied to become an Australian citizen or permanent resident; and
(ii)
old enough to hold a licence or permit to drive the
vehicle;
and
(c)
within the previous year, had not imported into Australia another vehicle
owned by the person; and
(d)
has —
(i)
if the vehicle was imported before the repeal of the
Motor Vehicle Standards Act 1989 (Commonwealth) — undertaken
to comply with any requirements relating to road safety imposed for the
vehicle under the Motor Vehicle Standards Regulations 1989
(Commonwealth); or
(ii)
otherwise — complied with the rules made under the
Road Vehicle Standards Act 2018 (Commonwealth).
(2) A personally
imported vehicle must be fitted with —
(a) seat
belts that are as effective as seat belts that meet an Australian Standard or
British Standard for seat belts as in force at 1 November 2002; and
(b) seat
belt anchorages that meet the number and location requirements of second or
third edition ADR 5; and
(c)
child restraint anchorages that meet the number, location, accessibility,
thread size and form requirements of second edition ADR 34 or third edition
ADR 5 or 34; and
(d) head
restraints that meet the number, location and size requirements of second or
third edition ADR 22.
(3) However, a
personally imported vehicle need only meet the requirements of an ADR
mentioned in subregulation (2) if the ADR recommends that it applies or
should apply to a vehicle of the same type.
(4) A personally
imported vehicle need not otherwise comply with an ADR applied by
regulation 236(2) or 238(2).
[Regulation 241 amended: SL 2021/81
r. 14.]