EXPLANATORY STATEMENT
Approved by the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Amendment Determination 2025
Legislative context
The Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Amendment Determination 2025 (the amending Determination) is made under the authority of the Road Vehicle Standards Act 2018 (the RVSA). The RVSA provides a modern framework for the Commonwealth to regulate, among other matters, the importation of road vehicles into Australia, and the first provision of road vehicles in Australia. The Road Vehicle Standards Rules 2019 (the Rules) complement the RVSA by prescribing matters relating to the regulation of road vehicles and road vehicle components.
Legislative authority
Section 6 of the RVSA provides the meaning of road vehicle and paragraph 6(5)(b) provides that the Secretary may, by legislative instrument, determine classes of vehicles that are not road vehicles.
The amending Determination is made under paragraph 6(5)(b) of the RVSA and amends the Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Determination 2021 (the primary Determination). Subsection 33(3) of the Acts Interpretation Act 1901 provides, in part, that the power to amend an instrument is conferred by the same power to make that instrument.
Purpose and operation of the instrument
The primary Determination identifies a range of vehicle classes that are determined not to be road vehicles. Since the primary Determination was last amended, and reference to European Committee for Standardization EN 15194:2009 or EN15194:2017+A1:2011 Cycles – Electrically power assisted cycles – EPAC Bicycles was removed and substituted with alternate definitions for electrically power-assisted cycle and power-assisted pedal cycle, there has been some confusion about the specific types of such vehicles that are not classed as road vehicles.
The amending Determination seeks to restore clarity and certainty for importers, manufacturers and members of the public about the types of vehicles that are not road vehicles by amending the definition of power-assisted pedal cycle to mean only a vehicle that meets the definition of Cycles – Electrically power assisted cycles – EPAC Bicycles in the European Committee for Standardization EN15194:2017, or other later version, and to remove the secondary definitions for electrically power-assisted cycle and power-assisted pedal cycle, including repealing the definition of electrically power-assisted cycle.
The European Committee for Standardization EN15194:2017 can be found at: EN 15194:2017 (https://genorma.com/en/standards/en-15194-2017).
A Statement of Compatibility with Human Rights for the amending Determination is at Attachment A.
A section-by-section explanation of the amending Determination is at Attachment B.
Prescribing matters by reference to other instruments or documents
Pursuant to paragraph 14(1)(b) of the Legislation Act 2003, the amending Determination defines a power-assisted pedal cycle by incorporating the definition of Cycles – Electrically power assisted cycles – EPAC Bicycles provided by the European Committee for Standardization EN15194:2017. The amending Determination intends to adopt the definition provided in a subsequent instrument which replaces, supersedes or succeeds the European Committee for Standardization EN15194:2017. Despite subsection 14(2) of the Legislation Act 2003, this is permitted because of subsections 6(8) and 6(9) of the RVSA.
Consultation
Impact Analysis
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 Act. The RIS is included in the Explanatory Memorandum to the Road Vehicle Standards Bill 2018. The Office of Impact Analysis has advised that the preparation of an Impact Analysis is not required—reference number OIA25-10635.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Amendment Determination 2025
This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
The Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Amendment Determination 2025 (the amending Determination) amends the Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Determination 2021 to reinstate the reference to European Committee for Standardization EN15194:2017, or other later version.
Human rights implications
The amending Determination supports 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 instrument does not engage any human rights beyond those addressed in the Explanatory Memorandum to the Road Vehicle Standards Bill 2018 and the Explanatory Statement for the Road Vehicle Standards Rules 2019.
Conclusion
This disallowable instrument is compatible with human rights because it promotes the protection of human rights and to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.
Secretary of the Department Infrastructure, Transport, Regional
Development, Communications, Sport and the Arts
Mr Jim Betts
ATTACHMENT B
Section-by-section explanation of the Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Amendment Determination 2025
Section 1—Name
- Section 1 provides that the name of this instrument is the Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Amendment Determination 2025 (the amending Determination).
Section 2—Commencement
- Section 2 provides that the amending Determination is to commence the day after it is registered.
Section 3—Authority
- Section 3 provides that the amending Determination is made under paragraph 6(5)(b) of the Road Vehicle Standards Act 2018.
Section 4—Schedules
- Section 4 provides that each instrument that is specified in a Schedule is amended or repealed as set out in the applicable items of the Schedule. Any other item in a Schedule has effect according to its terms.
Schedule 1—Amendments
Item 1—Subsection 5(1) (definition of electrically power-assisted cycle)
- This item repeals the definition of electrically power-assisted cycle. This definition is no longer required due to the inclusion of a revised definition of power-assisted pedal cycle that also covers an electrically power-assisted cycle.
Item 2—Subsection 5(1) (definition of power-assisted pedal cycle)
- This item repeals the definition of power-assisted pedal cycle in subsection 5(1) of the primary Determination and substitutes a new definition. The new definition provides for power-assisted pedal cycle to mean a vehicle meeting European Committee for Standardization EN 15194:2017 Cycles – Electrically power assisted cycles – EPAC Bicycles, or other later version.
- The purpose of the new definition of power-assisted pedal cycle is to provide greater clarity and certainty about the types of devices that are not road vehicles, as well as to minimise the risk of any confusion that may result from conflicting definitions. This is achieved through the substitution of secondary definitions for electrically power-assisted cycle and power-assisted pedal cycle with reference only to EN 15194:2017 or later versions. This will simplify the process of identifying devices that are compliant with EN 15194:2017 or later versions and therefore not classed as road vehicles.