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 The referenced Determination had been revoked and superseded by the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No.1).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The VIC was corrected to remove reference to that Determination, which had been revoked, and reference inserted to the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1) determination.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.
Overview
The Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1) was enacted to update the requirements for the Vehicle Inspection Certificate (VIC) used in the process of approving the importation of used vehicles into Australia. This Determination was introduced to correct minor errors and ensure that the legal framework aligns with the current Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No. 1) and the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1). This legislation was enacted by the Minister for Local Government, Territories and Roads, under the authority granted by the Motor Vehicle Standards Act 1989, and aims to maintain the integrity and safety standards of vehicles entering the Australian market by ensuring that all relevant reports and certificates are accurate and up-to-date. The Determination revokes the earlier Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2002 (No. 2) and introduces necessary amendments to the VIC, without altering the fundamental processes or requirements established by the RAW Scheme.
Scope and Application
The Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1) applies to registered automotive workshops that are approved by the Minister to import, modify, and affix a used import plate on specific types of used vehicles, including those listed on the Register of Specialist and Enthusiast Vehicles as well as all used two-wheeled and three-wheeled vehicles. This Determination amends the Vehicle Inspection Certificate (VIC) requirements by correcting references to outdated Determinations and Guidelines and addressing minor typographical and editorial errors. The Determination revokes the previous Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2002 (No. 2) and comes into effect on the day after its registration on the Federal Register of Legislative Instruments. The Determination does not specify any conditions for its exercise and is a legislative instrument under the Legislative Instruments Act 2003. It operates nationally within the Commonwealth jurisdiction.
Key Provisions
The Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1) outlines specific requirements for the report that must accompany applications for the import and modification of used vehicles under the Motor Vehicle Standards Act 1989. Section 1 of the Determination specifies that its name is the Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1). Section 2 states that the Determination commenced on the day after its registration on the Federal Register of Legislative Instruments. Section 3 revokes the previous Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2002 (No. 2), which had set the requirements for the Vehicle Inspection Certificate (VIC). Section 4 updates the definition of "Plate Location" to reference the Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No. 1), correcting an earlier reference to a revoked instrument.
Under the Determination, registered automotive workshops (RAWs) are required to provide a report to the Minister for Local Government, Territories and Roads when applying to import and modify used vehicles. The report, or VIC, must contain specific information and be in the form determined by the Minister (subsection 13D(2) of the Act). This includes details about the vehicle’s inspection and modifications, as well as a declaration by the Vehicle Inspection Signatory that the vehicle has been inspected and modified in accordance with specified guidelines. The VIC must also reference the Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1), replacing earlier references to now-revoked instruments.
The Determination imposes several obligations on RAWs. Firstly, they must ensure that the VIC is completed accurately and includes all required information. Secondly, they must provide this report to the Minister as part of their application to import and modify a used vehicle. Failure to comply with these requirements can result in the Minister not granting approval to place a used import plate on the vehicle, thereby preventing its registration and legal use on Australian roads.
The Motor Vehicle Standards Act 1989 does not specify penalties for non-compliance with the requirements of this Determination. However, the failure to provide a complete and accurate VIC can lead to the Minister denying the application to import and modify the vehicle. This denial effectively prevents the vehicle from being legally used on Australian roads, which is a significant consequence for the RAW and the vehicle owner. While no specific financial penalties are outlined, the legal and operational impact on the RAW and the vehicle owner can be considerable.