Motor Vehicle Standards Amendment Regulations 2005 (No. 1)
Statutory Rules 2005 No. 78 as amended
made under the
Motor Vehicle Standards Act 1989
This compilation was prepared on 13 July 2005
[This Regulation was amended by SLI 2005 No. 159
(see F2005L01918)]
Amendment from SLI 2005 No. 159
[Schedule 1 (item 1) repeals and substitutes r. 4
Schedule 1 (item 1) commenced on 9 July 2005]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
1 Name of Regulations
These Regulations are the Motor Vehicle Standards Amendment Regulations 2005 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
3 Amendment of Motor Vehicle Standards Regulations 1989
Schedule 1 amends the Motor Vehicle Standards Regulations 1989.
4 Transitional
Regulation 17, as in force immediately before 13 May 2005, applies if:
(a) a person intending to import a vehicle paid an amount in relation to the intended importation of the vehicle before 7 February 2005; and
(b) the vehicle was not imported before 13 May 2005; and
(c) the vehicle was manufactured before 1 January 1991; and
(d) an application, made by the person, requesting the minister’s approval to import the vehicle is received by the Department before 1 January 2006.
Schedule 1 Amendments
(regulation 3)
[1] Subregulation 4 (3)
omit
a compliance plate
insert
an identification plate
[2] Before regulation 7
insert
7A Definition of manufacture for Division 4.1
In this Division:
manufacture does not include modify.
[3] Paragraph 13 (a)
substitute
(a) the vehicle has been owned and used by the applicant for a continuous period of at least:
(i) for a vehicle owned by the applicant before 9 May 2000 — 3 months; or
(ii) in any other case — 12 months; and
[4] Paragraph 15 (1) (b)
substitute
(b) the vehicle was first manufactured after 31 December 1988; and
[5] Paragraph 16 (c)
substitute
(c) the vehicle was first manufactured after 31 December 1988.
[6] Regulation 17
substitute
17 Approval to import vehicles of a certain age without identification plates
The Minister must approve an application to import a nonstandard road vehicle, or a vehicle that does not have an identification plate, if the vehicle was manufactured before 1 January 1989.
[7] Regulation 21
omit
15 (2) (a), 16 (2) (a) and 20 (1) (b) of the Act.
insert
15 (2) (a) and 20 (1) (b) of the Act.
[8] Subregulation 24 (7)
substitute
(7) A vehicle is not eligible to be entered on the register if:
(a) it is in the TA, TB, TC or TD vehicle category; or
(b) it was manufactured before 1 January 1989.
[9] Paragraphs 26 (c) and (d)
substitute
(c) to restrict the year range of eligibility to road vehicles that were first manufactured after 31 December 1988; or
(d) to extend the year range of eligibility to road vehicles that were first manufactured after 31 December 1988; or
[10] Regulation 27
omit
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.
Overview
The Motor Vehicle Standards Amendment Regulations 2005 (No. 1) were enacted to amend the Motor Vehicle Standards Regulations 1989 under the Motor Vehicle Standards Act 1989. These regulations were introduced to address gaps in the regulatory framework concerning the importation and registration of older vehicles. The Motor Vehicle Standards Amendment Regulations 2005 (No. 1) were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and commenced on the day after their registration. The regulations primarily aim to update and refine the criteria for vehicle importation and registration, including the specification of identification plates, the eligibility of vehicles for importation based on their manufacturing date, and the conditions under which vehicles can be entered into the register. This amendment ensures that the regulatory requirements align with current standards and objectives, facilitating the smooth importation and registration of vehicles while maintaining safety and compliance standards.
Scope and Application
The Motor Vehicle Standards Amendment Regulations 2005 (No. 1) apply to the importation and registration of motor vehicles in Australia, specifically targeting vehicles manufactured before 1 January 1989. These Regulations are an amendment to the Motor Vehicle Standards Regulations 1989, and they introduce changes to the eligibility criteria for importing and registering older vehicles, ensuring compliance with contemporary safety and emissions standards. They apply across the Commonwealth of Australia, affecting individuals and entities intending to import or register older vehicles. Notably, these Regulations exclude vehicles manufactured after 1 January 1989 from certain eligibility criteria, such as the requirement for an identification plate and the process for ministerial approval to import. They also modify the definition of "manufacture" to exclude modifications, thereby impacting how such vehicles are assessed for compliance. The Regulations extend their application through the incorporation of amendments into the Motor Vehicle Standards Regulations 1989, thus ensuring that any updates or refinements are systematically integrated into the regulatory framework.
Key Provisions
The Motor Vehicle Standards Amendment Regulations 2005 (No. 1) amend the Motor Vehicle Standards Regulations 1989 under the Motor Vehicle Standards Act 1989. These regulations primarily modify the eligibility criteria for vehicle registration and importation, particularly concerning vehicles manufactured before 1 January 1989. Regulation 4 of Schedule 1 removes the requirement for a compliance plate and introduces the need for an identification plate for vehicles. Regulation 7A adds a definition for 'manufacture' to Division 4.1, excluding modifications from the definition.
The regulations impose obligations on parties intending to import vehicles, particularly those manufactured before 1 January 1989. For instance, Regulation 17 stipulates that the Minister must approve an application to import a nonstandard road vehicle or one without an identification plate if it was manufactured before 1 January 1989. Additionally, Regulation 24(7) specifies that a vehicle cannot be entered on the register if it falls within the TA, TB, TC, or TD vehicle categories or if it was manufactured before 1 January 1989.
There are specific penalties and consequences outlined for non-compliance with these regulations. For instance, attempting to import a vehicle without proper approval or registration as stipulated by these regulations may result in legal action or fines. Additionally, vehicles that do not meet the new criteria for registration may be denied entry on the vehicle register, thereby rendering them ineligible for road use under the Motor Vehicle Standards Act 1989. The exact penalties are not specified in the provided text, but typically, non-compliance with motor vehicle standards regulations can lead to fines or other civil penalties as outlined in the Act.