Explanatory Statement
Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Road Vehicle Standards Act 2018
Road Vehicle Standards Rules 2019
Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024
The Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024 (the amending Determination) is made under section 12 of the Road Vehicle Standards Rules 2019 (the RVS Rules).
Purpose
The purpose of this amending Determination is to amend the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021 (RAV Determination) to more accurately reflect the current operation of the road vehicle industry with regard to reporting the maximum engine power of vehicles added to the RAV.
Background
When adding vehicles to the RAV, approved entities must set out the power output of each vehicle to assist with registration matters.
On 9 September 2024, following consultation with the road vehicle industry, the RAV determination was amended from the previous requirement to include the maximum engine power with a requirement to provide the maximum net power for each vehicle added to the RAV. The maximum net power includes both internal combustion engines and electric motors.
Following the making of this amendment, certain road vehicle suppliers identified an inability to undertake this new calculation for vehicles with both an internal combustion engine and electric motor in the timeframe required by the amendment.
This amendment returns the requirement to report the maximum engine power to support the uninterrupted supply of road vehicles while further consultation is undertaken to most appropriately reflect the power output of vehicles added to the RAV.
Summary
The amending determination repeals the definition of power (kW) and replaces it with a definition of maximum engine power which is identical to the previous definition of maximum engine power.
Legislative authority
The Road Vehicle Standards Act 2018 (the RVS Act) and the RVS Rules provide a modern framework for the Commonwealth to regulate, among other matters, the importation and the first provision of road vehicles in Australia. It includes measures to manage the risks associated with road vehicles and road vehicle components. Such measures are designed to ensure that road vehicles and approved road vehicle components provided in Australia meet certain safety, anti‑theft and environmental standards. The Act also gives effect to Australia’s obligations regarding the harmonisation of international road vehicle standards.
Paragraph 82(1)(a) of the RVS Act empowers the Minister, by legislative instrument, to make rules prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.
Subsection 33(3) of the Acts Interpretation Act 1901 provides, in part, that the power to amend rules is conferred by the same power to make those rules.
The amending Determination is made under section 12 of the RVS Rules. Section 12 of the RVS Rules allows the Minister to determine, by legislative instrument, the information that must be included on the RAV in relation to a vehicle.
Purpose and operation of the instrument
Overview of the RVS Act and RVS Rules
The primary purpose of the RVS Rules sets out matters that support the regulatory framework of the RVS Rules. It provides for the keeping of the RAV, on which a road vehicle must be entered before it may be provided for the first time in Australia (section 24 of the RVS Act).
Operation of the amending Determination
The amending Determination repeals the definition of power (kW) and replaces it with maximum engine power.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
Attachment A
ATTACHMENT A—Overview of Provisions
Section by section explanation of the Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024
Section 1: Name
Section 1 provides that the name of the instrument is the Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024 (the amending Determination).
Section 2: Commencement
Section 2 provides that this instrument is to commence the day after it is registered.
Section 3: Authority
Section 3 provides that the instrument is made under the Road Vehicle Standards Rules 2019 (the Rules).
Section 4: Schedules
Section 4 provides that each instrument that is specified in a Schedule to this 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).
This item inserts a definition of maximum engine power
Item 2— Subsection 5(1) (definition of power (kW)).
This item repeals a definition of power (kW).
Item 3— Subsection 5(1) (definition of SAE J2908 202301)
This item repeals the definition of SAE J2908 202301.
Item 4— Section 5A
This item repeals Section 5A
Item 5— Section 10 (table item 7, Column 2)
This item substitutes “Power (kW)” with “Maximum engine power”.
Item 6— Section 12 (table item 9, Column 3)
This item substitutes “Power (kW)” with “Maximum engine power”.
Attachment B
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 (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024
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 (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024 (the amending Determination) is made under section 12 of the Road Vehicle Standards Rules 2019 (the Rules).
The amending Determination amends the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021 (the Determination) to:
- Repeal the definition of power (kW) and replace it with a definition of maximum engine power.
Human rights implications
The instrument supports the regulatory framework of the Road Vehicle Standards Act 2018 and the Rules 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 Rules.
Conclusion
The 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 considered to be reasonable, necessary and proportionate.