Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021 (Cth)

Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 18 February 2021

David Hurley

Governor‑General

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

Part 1Preliminary1Name

This instrument is the Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	A single day to be fixed by the Minister by notifiable instrument. However, if the provisions do not commence before 1 April 2021, they commence on that day.	1 April 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Road Vehicle Standards Charges (Imposition—Excise) Act 2018.

4Simplified outline of this instrument

This instrument prescribes charges in relation to certain matters connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.

The prescribed charges are imposed as taxes by section 5 of the Road Vehicle Standards Charges (Imposition—Excise) Act 2018 and are imposed only so far as the charge is a duty of excise within the meaning of section 55 of the Constitution.

5Definitions

In this instrument:

Act means the Road Vehicle Standards Charges (Imposition—Excise) Act 2018.

aggregate trailer mass has the same meaning as in the RVS Rules.

bus has the same meaning as in Part 10 of the RVS Rules.

concessional RAV entry approval pathway has the same meaning as in the RVS Rules.

goods vehicle has the same meaning as in Part 10 of the RVS Rules.

modified by the holder of a RAW approval, in relation to a vehicle, means the vehicle has been modified by a corporation that held a RAW approval that was in force at the time of the modification.

passenger vehicle has the same meaning as in Part 10 of the RVS Rules.

RAV has the same meaning as in the Road Vehicle Standards Act 2018.

Note: RAV is short for Register of Approved Vehicles.

RAW approval has the same meaning as in the RVS Rules.

Note: RAW is short for registered automotive workshop.

road vehicle has the same meaning as in the Road Vehicle Standards Act 2018.

RVS Rules means the Road Vehicle Standards Rules 2019.

three‑wheeled vehicle has the same meaning as in the RVS Rules.

two‑wheeled vehicle has the same meaning as in the RVS Rules.

type approval pathway has the same meaning as in the RVS Rules.

Part 2Charges6Charge for entry of vehicle on RAV via type approval pathway

For the purposes of subsection 5(1) of the Act, the charge in relation to the entry of a vehicle mentioned in column 1 of an item in the following table on the RAV via the type approval pathway is the amount set out in column 2 of the item.

Charges
Item	Column 1 Vehicle	Column 2 Amount ($)
1	Two‑wheeled vehicle or three‑wheeled vehicle	3.50
2	Passenger vehicle	9.00
3	Bus	6.60
4	Goods vehicle	6.60
5	Trailer with an aggregate trailer mass of 4.5 tonnes or less	0.75
6	Trailer with an aggregate trailer mass of more than 4.5 tonnes	4.40

7Charge for entry of vehicle on RAV via concessional RAV entry approval pathway

For the purposes of subsection 5(1) of the Act, the charge in relation to the entry of a vehicle mentioned in column 1 of an item in the following table on the RAV via the concessional RAV entry approval pathway is the amount set out in column 2 of the item.

Charges
Item	Column 1 Vehicle	Column 2 Amount ($)
1	Two‑wheeled vehicle, or three‑wheeled vehicle, not modified by the holder of a RAW approval	3.50
2	Bus not modified by the holder of a RAW approval	6.60
3	Goods vehicle not modified by the holder of a RAW approval	6.60
4	Trailer, with an aggregate trailer mass of 4.5 tonnes or less, not modified by the holder of a RAW approval	0.75
5	Trailer, with an aggregate trailer mass of more than 4.5 tonnes, not modified by the holder of a RAW approval	4.40
6	Road vehicle not covered by any of items 1 to 5 (including a passenger vehicle) and not modified by the holder of a RAW approval	9.00
7	Two‑wheeled vehicle, or three‑wheeled vehicle,modifiedby the holder of a RAW approval	52.80
8	Road vehicle, other than a two‑wheeled vehicle or three‑wheeled vehicle, modified by the holder of a RAW approval	136.50