Leaver and Minister for Urban Infrastructure and Cities

The applicant, Mr Leaver, sought to import a vehicle from the United Kingdom into Australia. The Minister for Urban Infrastructure and Cities refused to approve the importation. The applicant appealed this decision to the Tribunal, arguing that the vehicle met safety standards and that he qualified as an expatriate returning to Australia after an extended period overseas.

The Tribunal was required to determine whether the applicant met the specific requirements of Regulation 13 of the relevant legislation for the importation of a vehicle, and if not, whether there were sufficient grounds to exercise the general discretion under Regulation 11 to permit the importation. The applicant contended that the absence of an identification plate did not render the vehicle unsafe, citing superior European safety standards and a good ANCAP rating. He also argued that his transient lifestyle in Australia and lengthy stays overseas meant he qualified as an expatriate returning to reside permanently in Australia, having owned the vehicle for over 12 months prior to his intended return.

Deputy President Boyle P found that the applicant did not satisfy the requirements of Regulation 13. Furthermore, the Tribunal determined that there were insufficient reasons to exercise the discretion under Regulation 11. Consequently, the decision of the Associate Administrator of Vehicle Standards to refuse the application for importation was affirmed.