Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021

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

Legislation au F2021L00139 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—Excise) Act 2018

 

Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021

 

Legislative authority

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

Section 8 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 5 of the Act and are imposed only so far as the charge is a duty of excise 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—Excise) Regulations 2021

Section 1 – Name

This section provides that the title of the instrument is the Road Vehicle Standards Charges (Imposition—Excise) 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—Excise) Regulations 2021 is made under the Road Vehicle Standards Charges (Imposition—Excise) 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—Excise) Act 2018 and are imposed only so far as the charge is a duty of excise 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—Excise) 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—Excise) 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—Excise) 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—Excise) Regulations 2021 (the Regulations) are made under section 9 of the Road Vehicle Standards Charges (Imposition—Excise) 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—Excise) Act 2018 was enacted to address the need for a robust and efficient system for imposing charges related to the administration of road vehicle standards in Australia. This Act was introduced to ensure that the cost of regulating road vehicles is effectively recovered from the entities responsible for these vehicles, promoting fairness and efficiency in the regulatory process. The Act was enacted by the Parliament of Australia, and its policy objective is to facilitate the imposition of cost-recovery charges that support the administration of road vehicle standards, ensuring that vehicles meet necessary safety and environmental requirements. The Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021 further elaborate on the mechanisms for imposing these charges, detailing the specific fees associated with various activities such as the entry of a vehicle onto the Register of Approved Vehicles through either the type approval pathway or the concessional RAV entry approval pathway. These regulations were made under section 9 of the Act and aim to implement the cost-recovery arrangements as outlined in the Cost Recovery Implementation Statement. This approach ensures that the charges imposed are aligned with the regulatory framework established by the Road Vehicle Standards Act 2018 and the Road Vehicle Standards Rules 2019, thereby supporting the overarching goal of maintaining high safety and environmental standards for vehicles on Australian roads.

Scope and Application

The Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021 apply to persons and entities involved in activities connected with the administration of the Road Vehicle Standards Act 2018 (RVSA) or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018. This includes vehicle manufacturers, importers, and other stakeholders required to comply with the RVSA. The Regulations establish cost-recovery charges for activities such as the entry of vehicles on the Register of Approved Vehicles (RAV) via either the type approval pathway or the concessional RAV entry approval pathway. These charges are implemented to recover the costs associated with administering the RVSA. The Regulations have a national reach, as they are made under Commonwealth legislation and apply across Australia. There are no specific exclusions stated in the text; however, the charges are applied based on the type of vehicle and the pathway used for approval. The Regulations may be extended or restricted through subordinate instruments as necessary to carry out or give effect to the Act.

Key Provisions

The Road Vehicle Standards Charges (Imposition—Excise) Regulations 2021 (the Regulations) establish the charges applicable to various activities under the Road Vehicle Standards Act 2018 (RVSA) and the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018. The primary sections of the Regulations outline the charges for the entry of vehicles onto the Register of Approved Vehicles (RAV) via the type approval pathway (Section 6) and the concessional RAV entry approval pathway (Section 7). These sections detail the specific fees and conditions for each pathway, which are intended to support the administration of the RVSA. The Regulations impose obligations on entities and individuals involved in the registration of vehicles. They must comply with the specified charges for entering vehicles onto the RAV, ensuring that the appropriate fees are paid for each type of approval pathway. This includes providing accurate information and documentation as required by the RVSA and the Road Vehicle Standards Rules 2019, to facilitate the registration process. Breach of the Regulations may result in various consequences. The imposition of incorrect charges or failure to pay the prescribed fees can lead to administrative penalties. For example, under Section 32 of the RVSA, failure to comply with the requirements for vehicle registration can result in fines of up to $13,200 for individuals and $66,000 for corporations. Additionally, persistent non-compliance may lead to more severe legal actions, including court proceedings which could further escalate the penalties imposed. The Regulations are designed to ensure that the charges are imposed as taxes in accordance with the Road Vehicle Standards Charges (Imposition—Excise) Act 2018, and they are levied only to the extent that they constitute a duty of excise under the Constitution. This legal framework is intended to maintain the integrity of the vehicle registration process, ensuring that all vehicles meet the necessary safety and environmental standards.

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Area of Law
Taxation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Charges & Fees

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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.