Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024

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

Legislation au F2024L01178 Not in force Legislative Instrument

Legislation content

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, antitheft 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.

Overview

The Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024 is an amendment to the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021, made under section 12 of the Road Vehicle Standards Rules 2019. The purpose of this amending Determination is to adjust the reporting requirements for the maximum engine power of vehicles added to the Register of Approved Vehicles, in light of industry feedback. Initially, the requirement was to include the maximum net power for each vehicle, which encompasses both internal combustion engines and electric motors. However, due to difficulties encountered by certain road vehicle suppliers in making the necessary calculations within the required timeframe, the amendment reverts to the previous requirement of reporting the maximum engine power, thus supporting the uninterrupted supply of road vehicles while further consultations are conducted. This legislative action is underpinned by the Road Vehicle Standards Act 2018, which establishes a regulatory framework to manage the importation and first provision of road vehicles in Australia, ensuring compliance with safety, anti-theft, and environmental standards, as well as international harmonisation obligations.

Scope and Application

The Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024 is an amendment to the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021, made under section 12 of the Road Vehicle Standards Rules 2019. This amending Determination is designed to refine the reporting requirements for the maximum engine power of vehicles added to the Register of Approved Vehicles. It applies to approved entities that are responsible for entering vehicles into the Register of Approved Vehicles before they can be provided for the first time in Australia. These entities include vehicle manufacturers, importers, and other authorised persons involved in the initial supply chain of road vehicles. The amendment seeks to address the practical challenges faced by certain road vehicle suppliers in calculating the maximum net power for vehicles equipped with both internal combustion engines and electric motors, by reverting to the previous requirement of reporting the maximum engine power. This change aims to facilitate the uninterrupted supply of road vehicles while allowing for further consultation to determine the most appropriate method for reporting vehicle power outputs. The amendment is part of the broader regulatory framework established by the Road Vehicle Standards Act 2018 and the Road Vehicle Standards Rules 2019, which together ensure that vehicles meet necessary safety, anti-theft, and environmental standards, thereby protecting public safety and supporting Australia's international obligations regarding the harmonisation of road vehicle standards.

Key Provisions

The Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination (No. 2) 2024 amends the existing Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021 (RAV Determination). This amendment primarily affects the way in which approved entities report the power output of vehicles added to the Register of Approved Vehicles (RAV). Specifically, Section 1 of the amending Determination names the instrument, while Section 2 dictates that the instrument will commence on the day after it is registered. Under Section 3, the instrument is made under the Road Vehicle Standards Rules 2019, and Section 4 outlines the amendments and repeals set out in the Schedules of the instrument. The amendments include inserting a definition of maximum engine power, repealing the definition of power (kW), and substituting instances of “Power (kW)” with “Maximum engine power” in Sections 5A, 10, and 12. Entities governed by this legislation, primarily road vehicle suppliers and manufacturers, are required to ensure that the maximum engine power of each vehicle is accurately reported when adding vehicles to the RAV. This is to assist with registration matters and to support the uninterrupted supply of road vehicles in Australia. The amendment to revert to reporting maximum engine power aims to address the challenges faced by certain road vehicle suppliers in calculating the maximum net power for vehicles with both internal combustion engines and electric motors. Failure to comply with the requirements set out in this amending Determination could result in legal consequences. While the specific penalties for breach are not detailed in the provided text, it is reasonable to infer that non-compliance with the Road Vehicle Standards Act 2018 and the Road Vehicle Standards Rules 2019 could lead to penalties under these Acts. These penalties may include fines and other administrative measures designed to enforce compliance with safety, anti-theft, and environmental standards. Given the critical nature of ensuring road vehicle safety and compliance, significant penalties could be imposed for any breaches of these regulations.

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Environmental Law
Commercial Law
Instrument
Statutory Instrument
Concepts
Regulatory Standards
Reporting & Disclosure Obligations
Transitional 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.