Marshall and Minister for Infrastructure and Regional Development

The Administrative Appeals Tribunal considered an application by Mr Marshall (the applicant) to import a non-standard motor vehicle, specifically an electric vehicle known as a "Stigobike," which had been refused by the Minister for Infrastructure and Regional Development (the respondent). The core of the dispute concerned the applicant's ability to import the vehicle, given its non-standard nature and the absence of specific legislation for electric vehicles.

The Tribunal was required to determine whether the respondent had properly exercised its discretion under Regulation 11 of the *Motor Vehicle Standards Regulations 1989* (Cth) to allow the importation of the Stigobike. This involved assessing the nature of the vehicle and whether it qualified as a "road vehicle" for the purposes of the Regulations, and critically, whether the discretion to permit importation had been exercised in accordance with the law.

The Tribunal noted that while there was no specific legislation governing the importation of electric vehicles, the respondent's discretion under Regulation 11 was not unfettered. The Tribunal found that the discretion had not been exercised in this instance. Despite this finding, the Tribunal affirmed the decision to refuse the importation application. The Tribunal also made a strong recommendation for the Department to engage with the applicant to develop a legislative strategy for electric vehicles, highlighting their potential benefits to the Australian community and the need for early legislative commitment.