Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00140 Regulations In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

Road Vehicle Standards Charges (Imposition—Customs) Act 2018

 

Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021

 

Legislative authority

The Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 (the Regulations) are made under section 9 of the Road Vehicle Standards Charges (Imposition—Customs) Act 2018 (the Act).

Section 9 of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The prescribed charges are imposed as taxes by section 6 of the Act and are imposed only so far as the charge is a duty of customs within the meaning of section 55 of the Constitution.

The Act allows the imposition of cost-recovery charges in relation to the administration of the Road Vehicle Standards Act 2018 (the RVSA) or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018.

Purpose and operation of the instrument

The purpose of the Regulations is to set the charge for various activities, including the entry of a vehicle on the Register of Approved Vehicles (RAV), by either the type approval pathway or concessional RAV entry approval pathway.

The Regulations implement cost recovery arrangements, in relation to the administration of the RVSA as set out in the Cost Recovery Implementation Statement (CRIS). The CRIS is available free of charge to the public on the department’s website (https://www.infrastructure.gov.au/vehicles). The Regulations set out different charges payable for different regulated activities, depending on multiple factors set out in the CRIS.

A section by section explanation of the Regulations is at Attachment A.

Consultation

Consultation on the Regulations with the public, including key stakeholders, was conducted through the CRIS process in two stages (in late 2017 and from December 2019 to February 2020). 

Prescribing matters by reference to other instruments

Subparagraph 14(1)(a)(ii) and subsection 14(3) of the Legislation Act 2003 provides that a legislative instrument may incorporate the provisions of a disallowable legislative
instrument as in force from time to time unless a contrary intention appears in the enabling legislation.

The Regulations reference definitions in the Road Vehicle Standards Rules 2019 which are available without cost to the public through the Federal Register of Legislation (www.legislation.gov.au).

Regulation Impact Statement

A Regulation Impact Statement (RIS) was prepared in relation to the Motor Vehicle
Standards Act 1989 and policy options for its repeal and replacement with what would become the RVSA. The RIS is included in the Explanatory Memorandum to the Road Vehicle Standards Bill 2018. The Office of Best Practice Regulation (OBPR) reference number for the RIS is 17240. OBPR has advised that no further RIS is required.

Statement of compatibility with human rights

The Regulations are compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of
compatibility is set out in Attachment B.


ATTACHMENT A

Details of the Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021

Section 1 – Name

This section provides that the title of the instrument is the Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 (the Regulations).

Section 2 – Commencement

This section provides for the Regulations to commence by notifiable instrument but if they do not commence by 1 April 2021, the provisions would commence automatically on that date.

Section 3 – Authority

This section provides that the Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 is made under the Road Vehicle Standards Charges (Imposition—Customs) Act 2018.

Section 4 – Simplified outline of this instrument

This section provides a simplified outline of the instrument. It sets out that the instrument prescribes charges in relation to certain matters connected with the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018, and prescribes exemptions from those charges.

The prescribed charges are imposed as taxes by section 6 of Road Vehicle Standards Charges (Imposition—Customs) Act 2018 and are imposed only so far as the charge is a duty of customs within the meaning of section 55 of the Constitution.

Section 5 – Definitions

This section provides definitions for the instrument. Most definitions reference a meaning in the Road Vehicle Standards Act 2018 or the Road Vehicle Standards Rules 2019.

Section 6 – Charge for entry of vehicle on RAV via type approval pathway

This section prescribes the charges imposed in relation to the entry of a vehicle on the Register of Approved Vehicles (RAV) via the type approval pathway, for the purposes of subsection 6(1) of the Road Vehicle Standards Charges (Imposition—Customs) Act 2018.

Section 7 – Charge for entry of vehicle on RAV via concessional RAV entry approval pathway

This section prescribes the charges imposed in relation to the entry of a vehicle on the RAV via the concessional RAV entry approval pathway, for the purposes of subsection 6(1) of the Road Vehicle Standards Charges (Imposition—Customs) Act 2018.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021

 

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulations

The Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 (the Regulations) are made under section 9 of the Road Vehicle Standards Charges (Imposition—Customs) Act 2018.

The purpose of the Regulations is to set the charge for various activities, including the entry of a vehicle on the Register of Approved Vehicles (RAV), by either the type approval pathway or concessional RAV entry approval pathway.

Human rights implications

The Regulations support the regulatory framework of the Road Vehicle Standards
Act 2018 and the Road Vehicle Standards Rules 2019 to ensure that vehicles on public roads meet safety and environmental standards to support the human right to life and health. The Regulations do not engage any human rights beyond those addressed in the Explanatory Memorandum to the Road Vehicle Standards Act 2018 and the Explanatory Statement for the Road Vehicle Standards Rules 2019.

Conclusion

The Regulations are compatible with human rights because they promote the protection of human rights and, to the extent that they may limit human rights, those limitations are considered to be reasonable, necessary and proportionate.

 

The Hon Michael McCormack MP
Deputy Prime Minister and Minister for Infrastructure, Transport,
Regional Development and Communications

 

Overview

The Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 were enacted to provide a framework for setting charges for activities associated with the administration of the Road Vehicle Standards Act 2018 and the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018. These regulations were made under section 9 of the Road Vehicle Standards Charges (Imposition—Customs) Act 2018, empowering the Governor-General to prescribe matters necessary for the implementation of the Act. The primary objective of these regulations is to implement cost-recovery arrangements as outlined in the Cost Recovery Implementation Statement, ensuring that the charges imposed align with the administration of road vehicle standards. The regulations detail various charges for activities such as the entry of vehicles onto the Register of Approved Vehicles, depending on whether the entry is via the type approval pathway or the concessional RAV entry approval pathway. The development of these regulations involved consultation with the public and key stakeholders, and they are compatible with human rights, as affirmed by the Office of Best Practice Regulation and the Human Rights (Parliamentary Scrutiny) Act 2011. The enacting body for these regulations is the Governor-General, acting on the authority granted by the Road Vehicle Standards Charges (Imposition—Customs) Act 2018. The policy objective of these regulations is to facilitate the recovery of costs associated with the administration of road vehicle standards while ensuring that vehicles meet necessary safety and environmental criteria, thereby supporting the protection of human rights such as the right to life and health. By setting these charges, the regulations aim to maintain and enhance road safety and environmental standards in Australia.

Scope and Application

The Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 apply to any person or entity involved in activities related to the administration of the Road Vehicle Standards Act 2018 or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018, particularly in relation to the entry of vehicles on the Register of Approved Vehicles. The Act and Regulations impose cost-recovery charges for these activities, which are intended to cover the costs associated with the administration of these Acts. The charges are imposed as taxes by section 6 of the Act and are imposed only so far as the charge is a duty of customs within the meaning of section 55 of the Constitution. The Regulations are applicable on a national level, across all states and territories of Australia, and are enforced through the Department of Infrastructure, Transport, Regional Development and Communications. The Regulations do not contain specific exclusions but rather detail various exemptions and thresholds in the context of the charges set for different activities, as outlined in the Cost Recovery Implementation Statement. The application and scope of the Act may be extended or restricted through subordinate instruments, such as further regulations or administrative guidelines, which may provide additional details or clarifications to the implementation of the cost-recovery arrangements.

Key Provisions

The Road Vehicle Standards Charges (Imposition—Customs) Regulations 2021 (the Regulations) are designed to implement cost-recovery measures under the Road Vehicle Standards Charges (Imposition—Customs) Act 2018 (the Act). Specifically, the Regulations prescribe charges for various activities related to the administration of the Road Vehicle Standards Act 2018 (the RVSA) and the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (the Consequential and Transitional Act). The charges are intended to recover the costs associated with the approval of vehicles for entry onto the Register of Approved Vehicles (RAV), either through the type approval pathway or the concessional RAV entry approval pathway. The charge rates are determined based on the type of vehicle, the pathway used for entry on the RAV, and other relevant factors, as outlined in the Cost Recovery Implementation Statement (CRIS). The Regulations impose obligations on various parties, including vehicle manufacturers, importers, and dealers. For example, vehicle manufacturers and importers must pay the prescribed charges for the entry of vehicles on the RAV. The charges are imposed as taxes and are treated as duties of customs, in accordance with section 6 of the Act. The Regulations also require that certain information be provided to the relevant authorities, such as proof of payment of the charge, when applying for the entry of a vehicle on the RAV. Furthermore, the Regulations outline the procedures for exemptions from the charges, including the criteria and application process for concessional rates. Breach of the Regulations may result in both civil and criminal consequences. For instance, failure to pay the prescribed charges may lead to penalties, fines, or other sanctions as outlined in the relevant Acts and Regulations. Additionally, providing false or misleading information to the authorities in relation to the charges may constitute an offence, potentially resulting in criminal charges and penalties. The maximum penalties for such offences may vary depending on the specific provision breached and the circumstances of the case. It is essential for all parties subject to the Regulations to comply with the prescribed charges and obligations to avoid any potential legal repercussions.

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Commercial Law
Regulatory Standards
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.