Road Vehicle Standards Amendment (2020 Measures No. 1) Rules 2020

I, Michael McCormack, Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, make the following rules.

Dated  26 March 2020

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

1  Name

  This instrument is the Road Vehicle Standards Amendment (2020 Measures No. 1) Rules 2020.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under the Road Vehicle Standards Act 2018.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Road Vehicle Standards Rules 2019 

1  Section 2

Repeal the section, substitute:

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally commenced. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

2  Section 5 (definition of damage or corrosion threshold)

Repeal the definition, substitute:

damage or corrosion limit means the limit determined by the Minister under section 107.

3  Subsection 11(1) (note 2)

Repeal the note, substitute:

Note 2: An approval that enables a person to enter information on the RAV is subject to a condition that the holder of the approval notify the Secretary if the holder becomes aware of an error in information entered on the RAV (see sections 28 and 105).

4  Subparagraph 29(e)(iii)

Omit ‘components’, substitute ‘componentry’.

5  Paragraph 32(1)(c)

Omit ‘that satisfies the special purpose vehicle criterion’, substitute ‘that is a special purpose vehicle’.

6  Section 35

Repeal the section, substitute:

35  Criteria for deciding application

  If a person applies for a concessional RAV entry approval in respect of a road vehicle, the Minister may grant the approval if an eligibility criterion in section 36, 37, 38, 39, 40 or 41 is satisfied in respect of the vehicle.             

7  Subparagraph 37(a)(iii)

Repeal the subparagraph, substitute: 

 (iii) a road vehicle that:

 (A) is entered on the RAV via the type approval pathway; and

 (B) has not been provided to a consumer for the first time in Australia; and

 (C) has been, is currently undergoing or will be subject to second stage of manufacture before being so provided; and

8  Subparagraph 65(2)(a)(ii)

Omit ‘model report’, substitute ‘Model Report’.

9  Subsections 65(4) and (5)

Repeal the subsections, substitute:

 (4) This subsection applies where:

 (a) a damage or corrosion limit has been determined under section 107; and

 (b) the road vehicle, upon the inspection mentioned in paragraph (3)(a), is found to have a level of damage or corrosion that exceeds that limit.

 (5) This subsection applies where:

 (a) no damage or corrosion limit has been determined under section 107; and

 (b) the road vehicle’s structural integrity is, upon the inspection mentioned in paragraph (3)(a), found to have been reduced by damage or corrosion.

Note: The holder of an AVV approval must generally not verify a road vehicle, or modifications of a road vehicle, unless satisfied that the level of any damage or corrosion on the vehicle does not exceed the damage or corrosion limit determined under section 107. If no damage or corrosion limit has been determined, the holder of the approval must not verify the vehicle or modifications unless satisfied that the vehicle’s structural integrity has not been reduced by damage or corrosion (see subparagraphs 100(1)(b)(ii) to (iii)).

10  Paragraph 68(2)(b)

Repeal the paragraph, substitute:

   (b) be accompanied by:

 (i) such documents as are required by the form; and

 (ii) the application fee; and

11  Subparagraphs 100(1)(b)(ii) and (iii)

Repeal the subparagraphs, substitute:

 (ii) if there is a determination in force under section 107 specifying a damage or corrosion limit—the level of damage or corrosion on the vehicle does not exceed that limit; and

 (iii) if there is no determination in force under section 107 specifying a damage or corrosion limit—the vehicle’s structural integrity has not been reduced by damage or corrosion; and

12  Section 107

Repeal the section, substitute:

107  Determination relating to damage or corrosion

  The Minister may, by legislative instrument, determine the extent or types of damage or corrosion that will not prevent the holder of an AVV approval from verifying a road vehicle, or modifications of a road vehicle, under the approval (the damage or corrosion limit).

Note 1: If the Minister determines a limit under this section, the holder of an AVV approval must not verify a road vehicle, or modifications to a road vehicle, unless satisfied that the level of any damage or corrosion on the vehicle does not exceed that limit (see subparagraph 100(1)(b)(ii)).

Note 2: Under subsection 65(3), the holder of a RAW approval must notify the Secretary, and must not continue to work on a vehicle or declare that it has been modified in accordance with an approved Model Report, if the vehicle, upon inspection, is found to have a level of damage or corrosion that exceeds any damage or corrosion limit determined under section 107.

13  Subparagraph 133(c)(v)

Omit ‘(NC);’, substitute ‘(NC).’

14  Section 144

Omit:

Division 5 provides for the allocation of vehicle identification numbers for certain vehicles that do not already have them. It also permits the importation of vehicles imported in accordance with the requirements of an intergovernmental agreement, or reimported by after use by the Australian Defence Force in its overseas activities.

substitute:

Division 5 provides for the allocation of vehicle identification numbers for certain vehicles that do not already have them. It also permits the importation of vehicles imported in accordance with the requirements of certain intergovernmental agreements, or reimported by after use by the Australian Defence Force in its overseas activities.

15  Paragraph 155(2)(b)

Omit ‘each road vehicle’, substitute ‘the road vehicle’.

16  Subparagraph 158(a)(ii)

Omit ‘vehicles’, substitute ‘the road vehicle’.

17  Paragraph 158(b)

Omit ‘road vehicles covered by the approval’, substitute ‘the road vehicle to which the approval applies’.

18  Paragraph 176(b)

Omit ‘request is made’, substitute ‘request made’.

19  Subsection 195(4)

Omit ‘Secretary’, substitute ‘Minister or Secretary’.

20  At the end of paragraph 230(zk)

Add ‘that a specified thing is not a road vehicle’.

21  Paragraph 230(zl)

Repeal the paragraph, insert:

 (zl) a decision to refuse to issue an advisory notice that a specified thing is not a road vehicle;

 (zm) a decision under the table in section 241;

 (zn) a decision to refuse to refund an amount under subsection 253(1).

22  Paragraph 234(3)(f)

Omit ‘threshold’, substitute ‘limit’.

23  At the end of the instrument

Add:

Part 10—Cost Recovery  

Division 1—Introduction

237  Simplified outline of this Part

This Part provides for the charging of fees in respect of fee-bearing activities.

238  Purpose of this Part

  For the purposes of Division 4 of Part 5 of the Act, this Part provides for and in relation to the fees that may be charged in relation to fee-bearing activities. 

239  Definitions

  In this Part:  

  IWVTA means an International Whole Vehicle Type Approval granted under the framework of the 1958 Agreement.

road vehicle type approval—IWVTA based means a road vehicle type approval that applies to a type of vehicle that:

 (a) meets the requirement in subparagraph 19(1)(a)(i) or paragraph 19(3)(a) (compliance or substantial compliance with the applicable national road vehicle standards); and

 (b) does so on the basis of an IWVTA that:

 (i) demonstrates that the type of vehicle complies, or substantially complies, with all applicable national road vehicle standards; or

 (ii) demonstrates that the type of vehicle complies, or substantially complies, with all applicable national road vehicle standards with which an IWVTA is capable of demonstrating compliance.

Note 1: Paragraph 19(2)(b) permits the Secretary to have regard to certain approvals and other documents issued by the governments or competent authorities of contracting parties to the 1958 Agreement in determining whether a type of vehicle meets the requirements of subparagraph 19(1)(a)(i) or paragraph 19(3)(a). An IWVTA is one such approval.

Note 2: Subparagraph 19(1)(a)(i) and paragraph 19(3)(a) relate to establishing compliance with the applicable national road vehicle standards. In some cases, an IWVTA may be sufficient to establish that the type of vehicle complies with all relevant standards. Paragraph (b)(i) of the definition applies in these circumstances. 

However, not all applicable national road vehicle standards will necessarily be capable of being covered by an IWVTA. In those cases, it will not be possible to establish that the type of vehicle meets the requirement in subparagraph 19(1)(a)(i) or paragraph 19(3)(a) wholly by reference to the IWVTA. Paragraph (b)(ii) of the definition applies where the IWVTA is used to establish compliance with the applicable national road vehicle standards to the maximum extent possible.

road vehicle type approval—non-IWVTA based: 2 or 3 wheeled vehicle means a road vehicle type approval (other than a road vehicle type approval—IWVTA based) that applies to a type of 2-wheeled vehicle or 3-wheeled vehicle. 

road vehicle type approval—non-IWVTA based: bus means a road vehicle type approval (other than a road vehicle type approval—IWVTA based) that applies to a type of:

 (a) light omnibus (MD); or

 (b) heavy omnibus (ME).

Note: These vehicle categories are set out in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005.

road vehicle type approval—non-IWVTA based: goods vehicle means a road vehicle type approval (other than a road vehicle type approval—IWVTA based) that applies to a type of:

 (a) Light Goods Vehicle (NA); or

 (b) Medium Goods Vehicle (NB); or

 (c) Heavy Goods Vehicle (NC).

Note: These vehicle categories are set out in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005.

  road vehicle type approval—non-IWVTA based: heavy trailer (with Model Report) means a road vehicle type approval that applies to a type of trailer that:

 (a) has an aggregate trailer mass of more than 4.5 tonnes; and

 (b) meets the requirement in subparagraph 19(1)(a)(i) or paragraph 19(3)(a) wholly on the basis of an approved Model Report mentioned in paragraph 19(2)(e).

road vehicle type approval—non-IWVTA based: heavy trailer (without Model Report) means a road vehicle type approval that applies to a type of trailer with an aggregate trailer mass of more than 4.5 tonnes, other than:

 (a) a road vehicle type approval—IWVTA based; or

 (b) a road vehicle type approval—non-IWVTA based: heavy trailer (with Model Report).

road vehicle type approval—non-IWVTA based: light trailer means a road vehicle type approval (other than a road vehicle type approval—IWVTA based) that applies to a type of trailer with an aggregate trailer mass of 4.5 tonnes or less. 

road vehicle type approval—non-IWVTA based: passenger vehicle means a road vehicle type approval (other than a road vehicle type approval—IWVTA based) that applies to a type of:

 (a) Passenger Car (MA); or

 (b) Forward-control Passenger Vehicle (MB); or

 (c) Off-road Passenger Vehicle (MC).

Note: These vehicle categories are set out in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005.

Division 2—Fees: road vehicle type approvals

240  Road vehicle type approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.                

Note: Subparagraph 16(2)(b)(ii) requires an application for a road vehicle type approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 18(a)).

Division 3—Fees: concessional RAV entry approvals

241  Concessional RAV entry approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 32(2)(b)(ii) requires an application for a concessional RAV entry approval to be accompanied by the application fee. The Minister may refuse to consider the application if the person does not pay the fee (see paragraph 34(a)).

Division 4—Fees: RAW approvals

242  RAW approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 55(2)(b)(ii) requires an application for a RAW approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the corporation does not pay the fee (see paragraph 57(a)).

Division 5—Fees: Model Reports

243  Model Report approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 68(2)(b)(ii) requires an application for a Model Report approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 70(a)).

244  Variation of approved Model Report—when fees are payable

 (1) Subject to subsection (3), the person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Paragraph 87(2)(c) requires an application for approval of a variation to an approved Model Report to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 70(a), which applies to such applications as a result of subsection 87(3)).

 (3) A fee is not payable under subsection (1) where:

 (a) the variation would reduce the number of variants to which the Model Report applies; or

 (b) the person seeks the variation in order to comply with section 82; or

 (c) the person seeks the variation in response to:

 (i) a voluntary recall notified under this instrument; or

 (ii) a recall notice issued under this instrument; or

 (iii) a voluntary or compulsory recall issued in the market for which the vehicle was originally manufactured.

Note: Section 82, in broad terms, requires the holder of a Model Report approval to keep the Model Report accurate and up to date. 

Example: A vehicle is manufactured in Japan, but designed to be sold in the Australian market. In these circumstances, Australia is the market for which the vehicle was originally manufactured.

Division 6—Fees: AVV approvals

245  AVV approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 90(2)(b)(ii) requires an application for an AVV approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the corporation does not pay the fee (see paragraph 92(a)).

Division 7—Fees: testing facility approvals

246  Testing facility approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 108(2)(b)(ii) requires an application for a testing facility approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 110(a)).

Division 8—Fees: application for entry on SEVs register

247  Application for entry on SEVs register—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 125(2)(b)(ii) requires an application for entry on the SEVs Register to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 127(a)).

Division 9—Fees: non-RAV entry import approvals

248  Non-RAV entry import approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 147(2)(b)(ii) requires an application for a non-RAV entry import approval to be accompanied by the application fee. The Minister may refuse to consider the application if the person does not pay the fee (see paragraph 149(a)).

Division 10—Fees: reimportation import approvals

249  Reimportation import approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 159(2)(b)(ii) requires an application for a reimportation import approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 161(a)).

Division 11—Fees: road vehicle component type approvals

250  Road vehicle component type approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 174(2)(b)(ii) requires an application for a road vehicle component type approval to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see paragraph 176(a)).

Division 12—Fees: application for advisory notice

251  Advisory notices—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 233(2)(b)(ii) requires an application for an advisory notice to be accompanied by the application fee. The Secretary may refuse to consider the application if the person does not pay the fee (see subsection 233(4)).

Division 13—Fees: variation of approvals

252  Variation of approvals—when fees are payable

 (1) The person mentioned in column 1 of the following table must pay a fee to the Commonwealth in accordance with column 2 of the table in relation to an application under section 195 for the variation of an approval, where the variation would:

 (a) change the scope of the approval, except where the variation would only reduce the scope of the approval; or

 (b) reduce or remove a restriction imposed by a condition to which the approval is subject.

Example 1: A variation would change the scope of the approval (other than by reducing it) where, for instance, it added a variant to a road vehicle type approval, or allowed the holder of a testing facility approval to conduct an additional kind of testing that is not covered by the existing approval.

Example 2: A variation would not change the scope of the approval where its only effect would be to update the contact details of the holder of the approval.

 (2) The fee is due and payable at the time the application mentioned in column 1 is made.

Note: Subparagraph 195(3)(b)(ii) requires an application for variation of an approval to be accompanied by the application fee. The Minister or Secretary, as applicable, may refuse to consider the application if the person does not pay the fee (see subsection 195(4)).

Division 14—Refund of fees

253  Refund of fees

 (1) Where a person has overpaid a fee prescribed under this Part, the Secretary is to refund the amount by which the fee was overpaid.

 (2) The Secretary may do so on his or her own initiative or on written application by the person.

Note: Section 72 of the Act also permits the Secretary to remit or refund the whole or part of a cost-recovery charge that is payable or paid to the Commonwealth if the Secretary is satisfied that there are circumstances that justify doing so.