Lennox and Minister for Infrastructure, Transport, Regional Development and Local Government

The Administrative Appeals Tribunal reviewed a decision by the Minister for Infrastructure, Transport, Regional Development and Local Government concerning the importation of two electric bicycles. The applicant sought to import these vehicles, asserting that they did not fall under the purview of the *Motor Vehicle Standards Act 1989* (Cth) because they complied with European standards for electrically assisted pedal cycles. The applicant’s ultimate objective was to be compensated for potential lost earnings, rather than specifically to import the vehicles in question.

The Tribunal was required to determine whether the *Motor Vehicle Standards Act 1989* (Cth) applied to the electric bicycles the applicant sought to import. Specifically, the Tribunal had to consider whether the vehicles met the criteria for being classified as road vehicles under the Act, or if they fell within an exemption for vehicles not considered road vehicles for the purposes of the Act, such as those complying with relevant European standards. The Tribunal also considered whether, even if the vehicles were non-standard, there were grounds to exercise discretion to allow their importation.

The Tribunal reasoned that the applicant's contention that the Act did not apply was misguided. It found that the applicant's own evidence indicated the vehicles were designed principally for transport on public roads and had the capacity to exceed the speed limits stipulated by the relevant standards. The Tribunal noted that while the applicant focused on industry practices and the robustness of the legislation, its role was to apply the law to the facts. The Tribunal agreed with the respondent that, regardless of whether the original or amended Determination was applied, the vehicles did not qualify for exemption. The explanatory statement for the amended Determination clarified that the policy intent was to cover bicycles of traditional build with electric assistance, not other two-wheeled vehicles with pedals that might be more appropriately classified as mopeds. The Tribunal concluded that the vehicles did not meet the requirements to be considered not road motor vehicles for the purposes of the Act.

Consequently, the Tribunal was not satisfied that there were sufficient grounds to grant the applicant's application to import the vehicles under the relevant regulations. The decision under review, which disallowed the importation, was affirmed.