Road Vehicle Standards Act 2018
No. 163, 2018
Compilation No. 3
Compilation date: 1 January 2025
Includes amendments: Act No. 35, 2024
About this compilation
This compilation
This is a compilation of the Road Vehicle Standards Act 2018 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
Division 2—Objects of this Act
3 Objects of this Act
Division 3—Simplified outline of this Act
4 Simplified outline of this Act
Division 4—Definitions
5 Definitions
6 Meaning of road vehicle
7 Meaning of road vehicle component
Division 5—Miscellaneous
8 Act to bind Crown
9 Crown not liable to prosecution
10 Extraterritorial application
Part 2—Regulation of road vehicles and road vehicle components
Division 1—Simplified outline of this Part
11 Simplified outline of this Part
Division 2—National road vehicle standards
12 Minister may determine national road vehicle standards
13 Rules
Division 3—The Register of Approved Vehicles
14 Register of Approved Vehicles
15 Entering vehicles on RAV
16 Entry of non‑compliant vehicles on RAV
17 Information entered on RAV dishonestly or improperly
18 Incorrect information entered on RAV
19 Rules
Division 4—Specialist and Enthusiast Vehicles Register
20 Specialist and Enthusiast Vehicles Register
21 Rules
Division 5—Importation of road vehicles
22 Importing road vehicles
23 Rules
Division 6—Provision of road vehicles not on RAV
24 Providing road vehicle for the first time in Australia—vehicle not on RAV
Division 7—Modifying road vehicles
25 Rules
26 Modification of road vehicle on RAV
Division 8—Supplying road vehicle components
27 Misrepresentation that a road vehicle component is an…
Overview
The Road Vehicle Standards Act 2018 was enacted to address the gap in regulating the importation and provision of road vehicles and road vehicle components in Australia. The Act was introduced by the Parliament of Australia and its primary objective is to ensure that road vehicles and road vehicle components comply with nationally consistent performance-based standards, promoting safety, environmental expectations, and technological advancements. The Act empowers the Minister to determine national road vehicle standards, establishes the Register of Approved Vehicles (RAV) for road vehicles, and sets a framework for recalling unsafe or non-compliant vehicles and components. It also aims to give effect to Australia’s international obligations to harmonise road vehicle standards.
Scope and Application
The Road Vehicle Standards Act 2018 applies to entities and individuals involved in the importation, provision, modification, and supply of road vehicles and road vehicle components in Australia. This includes manufacturers, importers, dealers, and consumers of road vehicles. The Act sets national road vehicle standards that all road vehicles and components must adhere to before being supplied in Australia, with exceptions for certain vehicles. It also mandates the entry of road vehicles onto the Register of Approved Vehicles (RAV) before their first supply in Australia, except for vehicles imported for specific purposes like work, protection, storage, or export. The Act regulates the importation of road vehicles, requiring approvals and compliance with national standards. It governs the modification of road vehicles already on the RAV, prohibiting modifications that do not comply with the original entry pathway. The Act also applies to the supply of road vehicle components, prohibiting the misrepresentation of these components as approved. Additionally, the Act extends to acts and omissions outside Australia, impacting entities and individuals involved in the global supply chain of road vehicles and components. It incorporates international agreements concerning road vehicle standards, reflecting Australia's commitment to harmonising standards globally. The Act's provisions are enforceable through various mechanisms, including civil penalties, criminal offences, and administrative actions, ensuring compliance with national standards and safety requirements.
Key Provisions
- The Road Vehicle Standards Act 2018 sets nationally consistent performance-based standards that road vehicles must comply with before being provided in Australia. The Act aims to ensure that road vehicles meet safety and environmental expectations, use energy conservation technology and anti-theft technology, and are able to make use of technological advancements. The Act also gives effect to Australia's international obligations to harmonise road vehicle standards. To achieve these objectives, the Act empowers the Minister to determine national road vehicle standards for road vehicles and road vehicle components, prohibits the importation of road vehicles that do not comply with national road vehicle standards (except in limited circumstances), establishes a Register of Approved Vehicles on which road vehicles must be entered before they are introduced onto the Australian market, and creates a framework for recalling road vehicles and approved road vehicle components that are unsafe or do not comply with national road vehicle standards.
- The Act imposes a range of obligations and requirements on parties and entities it governs. For example, road vehicles and certain road vehicle components must comply with national road vehicle standards set by the Minister, except in limited circumstances. An approval is required to import a road vehicle into Australia, and generally, vehicles must be entered on the Register of Approved Vehicles before being provided for the first time in Australia. If a recall notice is issued to a person in relation to road vehicles or approved road vehicle components, due to concerns about safety or non-compliance with national road vehicle standards, the person must comply with the notice. The Act also establishes a framework for recalling road vehicles and approved road vehicle components that are unsafe or do not comply with national road vehicle standards.
- Failure to comply with the Act may result in criminal and civil penalties. For example, a person commits an offence if they contravene certain provisions of the Act, and is liable to a penalty of up to 120 penalty units. In some cases, the maximum penalty for each day that an offence continues is 10% of the maximum penalty that can be imposed in respect of the offence. A person is also liable to a civil penalty if they contravene certain provisions of the Act. In some cases, the maximum civil penalty for each day that a contravention continues is 10% of the maximum civil penalty that can be imposed in respect of the contravention. In addition, the Act provides for the rules to set out matters to support the regulatory framework of the Act, and provides for the application of the Regulatory Powers Act in relation to the enforcement of civil penalty provisions, the use of infringement notices, enforceable undertakings and injunctions.
- Overall, the Road Vehicle Standards Act 2018 aims to regulate the importation and provision of road vehicles, and the provision of certain road vehicle components, in order to ensure that road vehicles meet nationally consistent performance-based standards before being provided in Australia. The Act imposes a range of obligations and requirements on parties and entities it governs, and provides for criminal and civil penalties for failure to comply with the Act.
- Area of Law
- Environmental Law
- Commercial Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
- Extraterritorial Application