EXPLANATORY STATEMENT
Issued by the authority of the Minister for Local Government, Territories and Roads
MOTOR VEHICLE STANDARDS ACT 1989
Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1)
June 2006
INTRODUCTION
The Registered Automotive Workshop (RAW) Scheme commenced on 1 April 2002. Under this scheme a RAW is able, with the Minster's approval, to import, modify, and place a used import plate on used vehicles that are listed on the Register of Specialist and Enthusiast Vehicles established by Regulation 22 of the Motor Vehicle Standards Regulations 1989 in addition to all used two-wheeled and three-wheeled vehicles.
Subsection 13D(1) of the Act provides that: The Minister, may by writing, grant a registered automotive workshop an approval to place a plate on a used imported vehicle if, having regard to a report in relation to the vehicle that is given to the Minister by the workshop, the Minister is satisfied that it is appropriate to grant the approval.
Subsection 13D(2) of the Act provides that: A report referred to in subsection (1) must be in such form, and contain such information, as is determined in writing by the Minister.
This Determination revoked the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2002 (2), dated 12 December 2002 which established the requirements, under subsection 13D(2) of the Act, of the report known as the Vehicle Inspection Certificate (VIC).
This Determination included a definition which referenced the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2002 (2). The referenced Determination had been revoked and superseded by the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No.1). The definition was corrected to reference the latest Determination.
The VIC included a statement made by the Registered Automotive Workshop Vehicle Inspection Signatory which declared that the vehicle identified in the VIC had been seen and inspected by the Vehicle Inspection Signatory and that it had been modified in accordance with the evidence set out on the VIC and in accordance with the Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2002 (2).
The VIC was corrected to remove reference to that Determination, which had been revoked, and reference inserted to the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1) determination. Other minor editorial and typographical errors and omissions were also corrected on the VIC.
Consultation was not undertaken either publicly or with the used imported vehicle industry, as the amendments between the earlier and this Determinations were minor and machinery of government in nature and did not substantially alter the existing arrangements.
Details of the Determination are set out in the Attachment.
The Act specifies no conditions that must be met before the power to make the Determination may be exercised.
The Determination is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
The Determination commenced on the day after registration on the Federal Register of Legislative Instruments.
Details of the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1)
Clause 1 – Name of Determination
This Determination provides that the name of the Determination is the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1).
Clause 2 – Commencement
This Determination provides that the Determination commenced on the day after registration on the Federal Register of Legislative Instruments.
Clause 3 – Revocation of the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2002 (2)
This Determination provides that the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2002 (2) be revoked.
Clause 4 – Definitions
This Determination provides that the definition of Plate Location be amended to omit reference to the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2002 (2) and replace with reference to the Motor Vehicle Standards (Placement of Used Import Plates) 2004 (No.1).
Schedule 1 – Vehicle Inspection Certificate – Amendments
Declaration
Reference to the Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2002 (2) has been deleted and replaced with reference to the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1).
Other
Other minor typographical and editorial errors have been corrected which do not alter the requirements.