Motor Vehicle Standards Regulations (Amendment) 1991 No. 66
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 66
Minute No. 10 of 1991 - Minister for land Transport
Subject - Motor Vehicle Standards Act 1989
Motor Vehicle Standards Regulations (Amendment)
Section 42 of the Motor Vehicle Standards Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Section 24 of the Act specifically allows for regulations to be made prescribing fees in relation to certain matters.
The object of the Act is to achieve uniform vehicle standards in relation to road vehicles when they begin to be used in transport in Australia.
The proposed amendments take account of amendments made to the Act in January 1996, refine the operation of the Regulations made in Statutory Rules No 202 of 1989 and impose a new schedule of Fees.
Details of the proposed amendments are in the Attachment.
The proposed Regulations will commence on the date of their notification in the Gazette.
The Minute recommends that the Regulations be made in the form proposed.,
Authority: Sections 24 and 42 of the Motor Vehicle Standards Act 1989
ATTACHMENT
Motor Vehicle Standards Regulations (Amendment)
Regulation 1 - Amendment
This regulation provides that the Motor Vehicle Standards Regulations are to be amended as set out in the amending regulations.
Regulation 2 - Regulation 4 (Arrangements under section 9 and 10 of the Act - procedures)
Section 9 of the Act originally allowed the Minister to make arrangements in accordance with the Regulations for such things as the testing and inspection of road vehicles, facilities for testing road vehicles etc. This provision was amended by the Transport and Communications Legislation Amendment Act (No 2) 1990 to enable the Minister to make determinations under section 9 specifying procedures to be observed by manufacturers and importers for, inter alia, the testing and inspection of road vehicles.
The existing regulation 4 prescribes the arrangements referred to in the original section 9. With the amendment to section 9 regulation 4 is no longer required and will be omitted.
Regulation 3 - Regulation 5 (Arrangements under section 10 of the Act - applications and authority to place compliance plates on road vehicles)
This regulation amends subregulation 5(2) to reflect the fact that regulation 4 will be omitted. Procedures will no longer be approved under regulation 4 but determined by the Minister under section 9 of the Act.
Regulation 4 - Regulation 9 (Nonstandard road vehicles importation)
Regulation 9 deals with approval to import nonstandard road vehicles and in particular approval for the importation of road vehicles that are the personal possessions of Australian citizens and Australian permanent residents.
The proposed amendment refines the operation of the existing regulation 9 so that where a person satisfies the criteria set out in subregulation 9(5) (relating to personal use of a vehicle) the Minister must approve the application to import the nonstandard vehicle.
Regulation 5 - Regulation 16 (Saving-approvals given before the commencement of these Regulations)
This regulation corrects a spelling error.
Regulation 6 - Schedule
The Schedule to the Regulations refers to fees payable to the Commonwealth in respect of a matter specified in column 2 of the schedule and the fee as specified in column 3 of the schedule.
The proposed amendments to the fees reflect charges necessary under cost recovery for the administration of the Motor Vehicle Standards Act 1989.
Overview
The Motor Vehicle Standards Regulations (Amendment) 1991 No. 66, enacted by the Australian government, serves to amend the Motor Vehicle Standards Regulations made under the Motor Vehicle Standards Act 1989. This amendment aims to refine the regulatory framework governing the testing, inspection, and importation of road vehicles to ensure compliance with national vehicle standards. The primary objective of the Act is to achieve uniformity in vehicle standards across Australia. The proposed amendments respond to changes in the Act and adjust the fees structure to reflect the costs of administering these standards. The enacting body responsible for these regulations is the Minister for Land Transport, as outlined in the explanatory statement. The Minister's intent is to streamline the regulatory processes while maintaining the integrity of vehicle safety and standards in the nation.
Scope and Application
The Motor Vehicle Standards Regulations (Amendment) 1991 No. 66 applies to individuals, manufacturers, importers, and entities involved in the testing, inspection, and importation of road vehicles in Australia. This amendment refines the existing regulations to align with the updated Motor Vehicle Standards Act 1989, ensuring that procedures for testing and inspection are specified by the Minister rather than approved under outdated regulations. The amendment also addresses the importation of nonstandard vehicles, ensuring that personal use vehicles of Australian citizens and permanent residents are appropriately approved. The regulations apply across Australia, as they are amendments to the federal Motor Vehicle Standards Act 1989, which aims for uniform vehicle standards nationwide. The new fees schedule reflects necessary cost recovery for the administration of the Act. The Regulations may extend or restrict their application through subordinate instruments, but no such provisions are specified in the explanatory statement.
Key Provisions
The Motor Vehicle Standards Regulations (Amendment) 1991 No. 66 primarily modifies the existing regulations under the Motor Vehicle Standards Act 1989. Regulation 1 (paragraph 1) indicates that the Motor Vehicle Standards Regulations will be amended as detailed in the attached regulations. Regulation 2 (paragraph 2) eliminates regulation 4 due to changes in section 9 of the Act, which now allows the Minister to determine procedures for testing and inspection of vehicles rather than merely making arrangements. Regulation 3 (paragraph 3) updates subregulation 5(2) to account for the removal of regulation 4, ensuring procedures are determined under section 9 of the Act instead. Regulation 4 (paragraph 4) refines regulation 9 to mandate the Minister’s approval for importing nonstandard vehicles if certain criteria, particularly personal use, are met. Regulation 5 (paragraph 5) corrects a spelling error in regulation 16. Finally, Regulation 6 (paragraph 6) adjusts the fee schedule to reflect necessary charges for the administration of the Act.
These regulations impose specific obligations on the parties involved, primarily focusing on the Minister’s role in determining procedures for vehicle testing and inspection and approving the importation of nonstandard vehicles under certain conditions. The Minister must ensure that the procedures for testing and inspection are clearly defined and followed by manufacturers and importers to maintain uniform vehicle standards in Australia. Additionally, the Minister must approve applications to import nonstandard vehicles if the applicant meets the criteria outlined in the Act. These obligations are designed to uphold the Act’s objective of achieving uniform vehicle standards.
Violations of the regulations may lead to various consequences. While the specific penalties for non-compliance are not explicitly detailed in the provided text, breaches of regulations under the Motor Vehicle Standards Act 1989 could potentially incur civil or criminal penalties. These could include fines or other administrative actions deemed appropriate by the relevant authorities. The precise penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the Act.