Act of Parliament assented to - Act No. 66, 2019

Overview

The Road Vehicle Standards Legislation Amendment Act 2019 was enacted to amend the Road Vehicle Standards Act 2018. This amendment was passed by the Australian Parliament, with assent given by the Governor-General on 13 September 2019. The primary purpose of this legislation is to address certain gaps and issues in the existing framework for the regulation of road vehicle standards. It aims to enhance the safety and environmental performance of vehicles on Australian roads, ensuring they meet the necessary standards for both safety and emissions. By introducing these amendments, the legislation seeks to align with the overarching policy objective of improving road safety and reducing the environmental impact of vehicles.

Scope and Application

The Road Vehicle Standards Legislation Amendment Act 2019 amends the Road Vehicle Standards Act 2018 and applies to all entities and individuals involved in the importation, manufacturing, sale, or use of motor vehicles in Australia. This includes manufacturers, importers, dealers, and ultimately, vehicle owners. The Act is intended to ensure that all road vehicles meet the specified safety and environmental standards, thereby enhancing road safety and reducing the environmental impact of motor vehicles. It covers a broad range of vehicles, from passenger cars to commercial trucks, and applies across the entire Commonwealth of Australia. However, certain vehicles such as those used exclusively on private property, vintage vehicles over a specific age, and vehicles used in motorsports are exempt from the scope of this legislation. The Act also provides for the creation of subordinate instruments that may further define the application and enforcement of the standards set out within it.

Key Provisions

The main operative sections of the Road Vehicle Standards Legislation Amendment Act 2019 (No. 66, 2019) primarily focus on enhancing and updating the requirements for vehicle safety and emissions standards. Section 4 amends the definition of "emissions standards" to include new criteria for vehicle emissions, ensuring that vehicles comply with the latest environmental regulations. Section 5 introduces new provisions for the approval and certification of vehicle modifications, ensuring that any changes to a vehicle's original design must meet safety and emissions standards before being allowed on public roads. Section 10 updates the process for vehicle registration, requiring that all vehicles must now undergo a comprehensive safety and emissions check before being granted a registration certificate. The obligations and requirements imposed by the Act on the parties and entities it governs are significant. Manufacturers and importers of vehicles must ensure that all new vehicles produced or imported comply with the updated emissions standards and safety requirements (Section 6). Vehicle owners and operators are required to maintain their vehicles in a condition that meets these standards, and failure to do so can result in penalties (Section 7). The Act also mandates that any modifications to a vehicle must be approved by a certified authority and that documentation of such modifications must be maintained and available for inspection (Section 8). Additionally, the Act imposes a duty on authorised officers to conduct regular inspections and tests to verify compliance with the new standards (Section 9). The legislation includes provisions for offences, penalties, and consequences for breach of its provisions. Any person who contravenes the requirements for vehicle modifications or fails to comply with the safety and emissions standards may be subject to penalties (Section 12). For example, the Act provides that an individual who knowingly sells or uses a vehicle that does not meet the required standards can be fined up to $10,000 for a first offence and up to $20,000 for subsequent offences (Section 13). Additionally, in cases of serious non-compliance, the Act authorises the seizure of non-compliant vehicles and the imposition of a prohibition order against the individual or entity responsible (Section 14). These provisions ensure that there are clear deterrents and consequences for those who do not adhere to the updated safety and emissions standards.