Motor Vehicle Standards Regulations (Amendment) (Cth)

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Statutory

Rules1991No. 66 1

__________________

  

Motor Vehicle Standards Regulations 2(Amendment)

  

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Motor Vehicle Standards Act 1989.

 

 Dated 10 April 1991.

 

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

   

BOB BROWN

Minister of State for Land Transport

____________

 

1.   Amendment

1.1   The Motor Vehicle Standards Regulations are amended as set out in these Regulations.

  

2.   Regulation 4 (Arrangements under sections 9 and 10 of the Act—procedures)

2.1   Omit the regulation.

 

3.   Regulation 5 (Arrangements under section 10 of the Act—applications and authority to place compliance plates on road vehicles)

3.1   Subregulation 5 (2):

Omit “approved under regulation 4,”, substitute “determined under section 9 of the Act,”.

  

4.   Regulation 9 (Nonstandard road vehicles—importation)

4.1   Subregulation 9 (2):

Omit “The Minister”, substitute “Subject to subregulation (5), the Minister”.

 

4.2   Subregulation 9 (4):

Omit “granting of an approval”, substitute “holding of a current approval”.

 

4.3   Subregulation 9 (5):

Omit the subregulation, substitute:

“(5)

The Minister must approve an application to import a nonstandard road vehicle in relation to which an application has been made if:

  • (a)

    the vehicle has been owned and used for a period of at least 3 months by a person who:

     (i) is making the application; and

     (ii) is:

     (A) an Australian citizen or an Australian permanent resident; or

     (B) a person who has applied to become an Australian citizen or an Australian permanent resident;

     at the time that the vehicle is imported; and

     (iii) is of an age that entitles him or her to hold a licence or a permit to drive a road vehicle of that type; and

  • (b)

    the vehicle complies with any requirements as to safety that are imposed in respect of the vehicle by the Minister; and

  • (c)

    the vehicle is the only nonstandard road vehicle:

     (i) to which paragraphs (a) and (b) apply; and

     (ii) that the person has imported during a period of not less  than 12 months duration ending on the day on which the first-mentioned road vehicle is landed in Australia; and

     
  • (d)

    the person who owns the vehicle agrees to comply with a condition (if any) imposed by the Minister under subregulation (6).”.

4.4   Add at the end:

“(7)

If:

 (a) an approval has been granted to a person; and

(b)

the approval is subject to conditions; and

 (c) the person fails to comply with those conditions;

the Minister may revoke the approval.”.

  

5.   Regulation 16 (Saving—approvals given before the

commencement of these Regulations)

5.1   Subregulation 16 (3):

Omit “party”, substitute “partly”.

  

6.   Schedule

6.1   Omit the Schedule, substitute:

  SCHEDULE

Regulation 13

FEES

____________________________________________________________

Column 1 Column 2  Column 3

Item No. Matter  Fee

____________________________________________________________

  $

1 Granting of authority to place a compliance plate (or an

 identification plate) on a road motor vehicle of a particular

type (other than a motor cycle) - for each vehicle

5.00

2 Granting of authority to place a compliance plate (or an

 identification plate) on a road vehicle that is a motor

cycle - for each vehicle

2.50

3 Lodging an application to import a road vehicle or

vehicles - for each application

50.00

4 Lodging an application for authority to place a compliance

 plate (or an identification plate) on a road motor vehicle

 of a particular type if not more than 100 vehicles or

derivatives of that type are built or imported in a year

500.00

SCHEDULE—continued

____________________________________________________________

Column 1 Column 2  Column 3

Item No. Matter  Fee

____________________________________________________________

5 Supply of a blank of a compliance plate or a blank of an

 identification plate for completion by a person authorised

to place the plate on a road motor vehicle - for each blank

2.50

6 For a road trailer:

 (a) granting of authority to place a compliance plate

 (or an identification plate) that has been supplied by

 the Minister on a road trailer of a particular type within

 the meaning of subregulation 5(5):

 (i) for the first road trailer of that type  157.00

 (ii) for every other road trailer of that type  58.00

 (b) granting of an authority to place a compliance plate

 (or an identification plate) that has been supplied by

 the Minister on any other road trailer 133.00

7 Lodging:

 (a) an application for an authority of a type referred to

 in item 6; or

 (b) an application for the variation of an authority of a

 type referred to in item 6 that is not the first

 application for the variation of that authority 33.00

8 Lodging:

 (a) an application under subregulation 12(1) for an

 approval under subregulation 12(2); or

 (b) an application under subregulation 12(4) for the

 variation of an approval under subregulation 12(2)

 that is not the first application for the variation of

 that approval 133.00

9 Granting of an approval under subregulation 12(2) in

 relation to the sub-assembly of a road trailer 258.00

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 April 1991.

2. Statutory Rules 1989 No. 202.

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