EXPLANATORY STATEMENT
Approved by the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government
Road Vehicle Standards (Model Reports—Compliance with Standards) Amendment (2023 Measures No. 1) Determination 2023
Summary
The Road Vehicle Standards (Model Reports—Compliance with Standards) Amendment Determination 2023 (the Amendment Determination) is made under subsection 89(2) of the Road Vehicle Standards Rules 2019 (the Rules).
The Amendment Determination amends the Road Vehicle Standards (Model Reports-Compliance with Standards) Determination 2021 (the Principal Determination), by removing some requirements for left-hand drive conversions and clarifying requirements for airbag testing.
Legislative context
The Rules, and determinations made under the Rules, set out matters that support the regulatory framework of the Road Vehicle Standards Act 2018 (the Act). The Act provides 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.
Legislative authority
The Amendment Determination is made under subsection 89(2) of the Rules. Subsection 89(2) of the Rules provides that the Minister may, by legislative instrument, determine:
- standards that apply to vehicles manufactured or modified in accordance with a Model Report
- matters relating to the material to be taken into account by the Secretary when deciding an application for approval of a Model Report, including by doing one or more of the following:
- the kinds of evidence that the Secretary may or must consider
- the limits on the kinds of evidence that the Secretary may consider
- the Secretary can only be satisfied that vehicles manufactured or modified in accordance with a Model Report comply with those standards, or an applicable national road safety standard, on the basis of specified evidence, and
- how to ascertain which national road vehicle standards are the applicable national road vehicle standards in respect of a vehicle of a model or variant.
Purpose and operation of the instrument
The Principal Determination sets out standards that apply to road vehicles manufactured or modified in accordance with a Model Report in specified circumstances. These include the standards applicable to all relevant vehicles including where a degree of non-compliance is permitted. A range of standards for Model Reports is outlined, including those for standards for left-hand drive conversions.
The Amendment Determination removes some specific requirements for left-hand drive conversions and alters requirements for airbag testing. In addition, there is one correction of an error in the concessional standards and testing concessions applicable to all relevant vehicles (Schedule 1 to the Principal Determination).
It is intended that the Amendment Determination will assist in maintaining a minimum level of general quality of vehicles being approved for use on public roads in Australia.
A Statement of Compatibility with Human Rights for the Amendment Determination is at Attachment A.
The Amendment Determination commences the day after registration on the Federal Register of Legislation.
A detailed explanation of the Amendment Determination is at Attachment B.
Consultation
The Department has consulted with industry associations, in‑service regulators and the public on the development of policy relating to the content and operation of Model Reports.
The Department sought input from the left to right hand drive conversion industry and the peak industry body on the Principal Determination. The Amendment Determination reflects feedback received.
Prescribing matters by reference to other instruments or documents
Subparagraph 14(1)(a)(ii) and subsection 14(3) of the Legislation Act 2003 provide 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. Subsection 82(6) of the Act further permits the Determination to make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Paragraph 15J(2)(c) of the Legislation Act 2003 provides that if documents are incorporated in an instrument (such as the Determination) by reference, the Explanatory Statement for that instrument must contain a description of the incorporated documents and indicate how they may be obtained. The following information is for the purposes of paragraph 15J(2)(c).
The Amendment Determination incorporates select definitions from the Rules, which are a legislative instrument made under section 19 of the Act.
The Amendment Determination references instruments and documents listed at Attachment C.
Regulation Impact Statement
The Amendment Determination relaxes some requirements for left-hand drive conversions and clarifies requirements for airbag testing. The Amendment Determination will not result in more than minor impact for the industry. The Office of Impact Analysis provide a reference, OIA23-05101 and advised that an Impact Analysis is not required.
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 (Model Reports—Compliance with Standards) Amendment (2023 Measures No. 1) Determination 2023
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 (Model Reports—Compliance with Standards) Amendment Determination 2023 (the Amendment Determination) is made under subsection 89(2) of the Road Vehicle Standards Rules 2019 (the Rules).
The Road Vehicle Standards Act 2018 (the Act) and the Rules provide a modern framework for the Australian Government to regulate the importation of road vehicles into Australia, and the first provision of road vehicles in Australia. It includes measures to manage the risks associated with road vehicles and road vehicle components, and to ensure that road vehicles and approved road vehicle components provided in Australia meet certain safety, anti‑theft and environmental standards. It achieves this by regulating road vehicle importation into, and the first provision of road vehicles in, Australia. The Act also gives effect to Australia’s obligations regarding the harmonisation of international road vehicle standards.
The Road Vehicle Standards (Model Reports-Compliance with Standards) Determination 2021 (the Principal Determination) sets out standards that apply to road vehicles manufactured or modified in accordance with a Model Report in specified circumstances. These include the standards applicable to all relevant vehicles including where a degree of non-compliance is permitted. A range of standards for Model Reports is outlined, including those for standards for left-hand drive conversions.
The Amendment Determination removes some specific requirements for left-hand drive conversions and alters requirements for airbag testing. In addition, there is one correction of an error in the concessional standards and testing concessions applicable to all relevant vehicles (Schedule 1 to the Principal Determination). Overall, the amendments to left-hand drive conversions relaxes requirements.
Human rights implications
This disallowable 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 Determination does not engage any human rights beyond those addressed in the Explanatory Statement for the Rules.
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 considered to be reasonable, necessary and proportionate.
Minister for Infrastructure Transport, Regional Development and Local Government
The Hon Catherine King MP
ATTACHMENT B—Overview of Provisions
Section by section explanation of the Road Vehicle Standards (Model Reports—Compliance with Standards) Amendment (2023 Measures No. 1) Determination 2023
Section 1—Name
Section 1 provides that the name of this instrument is the Road Vehicle Standards (Model Reports—Compliance with Standards) Amendment (2023 Measures No. 1) Determination 2023 (the Amendment Determination).
Section 2—Commencement
Section 2 provides that the Amendment Determination is to commence on the day after registration on the Federal Register of Legislation.
Section 3—Authority
Section 3 provides that the Amendment Determination is made under subsection 89(2) of the Road Vehicle Standards Rules 2019 (the Rules).
Section 4—Schedules
Section 4 provides for a Schedule to the Amendment Determination which amends or repeals matters made under the Road Vehicle Standards (Model Reports—Compliance with Standards) Determination 2021.
Schedule 1—Amendments
Schedule 1 provides a list of amendments to the Road Vehicle Standards (Model Reports—Compliance with Standards) Determination 2021.
These amendments concern left-hand drive conversions (Schedule 3) and in addition correct an error in the concessional standards and testing concessions applicable to all relevant vehicles (Schedule 1). The amendments to left-hand drive conversions relax requirements under certain circumstances and clarify the requirements for airbag testing.
Clause 1—Schedule 1 (table item 10, paragraph (e))
Clause 1 corrects an error in Road Vehicle Standards (Model Reports—Compliance with Standards) Determination 2021 by omitting “unless” and substituting “where” at table item 10, column 2, paragraph(e) of Schedule 1. The effect of the change is to provide an exemption to the requirement to fit headlamp cleaners on all relevant vehicles where the vehicle is fitted with filament headlamps.
Clause 2—Clause 6 of Schedule 3
Clause 2 repeals clause 6 of Schedule 3 to the Road Vehicle Standards (Model Reports—Compliance with Standards) Determination 2021. This removes testing requirements for the converted vehicle to achieve comparable performance upon executing lane-changes.
Clause 3— Clause 7 of Schedule 3
Clause 3 inserts ‘(1)’ to create a new subclause 7(1) of Schedule 3.
Clause 4— Paragraph 7(c) of Schedule 3
Amendments made by this clause to that of paragraph 7(c) of Schedule 3 align the testing required for specific vehicle types to that of the two different ISO tests themselves. In addition, the amendment provides an exemption to the testing required when certain conditions are met.
Clause 4 inserts “or goods vehicles with a gross vehicle mass of 3.5 tonnes or less-” so that the relevant test to be undertaken for both passenger vehicles and goods vehicles with a gross vehicle mass of 3.5 tonnes or less is that specified in paragraph 7(c).
Clause 5— Paragraph 7(c) of Schedule 3
Clause 5 inserts the words “a test method described in” to clarify that the testing required is that of the ISO standard identified in paragraph 7(c) of Schedule 3.
Clause 6— Paragraph 7(d) of Schedule 3
Clause 6 omits the term “passenger vehicles” and substitutes “vehicles of a kind referred to in paragraph (c)” so that it is the balance of vehicle types which should be tested according to the ISO standard of paragraph 7(d) of Schedule 3.
Clause 7— At the end of clause 7 of Schedule 3
Clause 7 inserts “(2)” and “(3)” to create new subclauses 7(2) and 7(3) of Schedule 3.
Subclause 7(2) introduces an exemption to the testing requirements contained in paragraph 7(1)(c) and (d) of Schedule 3. The testing requirements do not apply where the conditions contained in paragraphs 7(2)(a) and (b) are both met. These conditions are that through the full steering range;
- the steering ratio of the converted vehicle is within five per cent of the original vehicle, and
- an electronic functional check shows that both the steering and electronic stability control systems are functioning correctly.
Subclause 7(3) provides that in clause 7 the terms goods vehicle and passenger vehicle have the meanings given by section 239 of the Rules.
Clause 8— Subclause 10(2) of Schedule 3
Clause 8 repeals subclause 10(2) of Schedule 3.
The beaming and torsion test specified for converted vehicles with a gross vehicle mass of 4.5 tonnes or less is not required.
Clause 9— Subclause 10(3) of Schedule 3
Clause 9 omits the words “the test mentioned in subclause (2)”, and substitutes the words “the analysis of the integrity of the vehicle structure of the converted vehicle referred to in subsection 32(1)”.
This change reflects the removal of the beaming and torsion test of subclause 10(2) of Schedule 3. Instead requirements of subclause 10(3) depend on analysis of the vehicle structure in subsection 32(1) of the Road Vehicle Standards (Model Reports-Compliance with Standards) Determination 2021 (the Principal Determination).
Clause 10— After subclause 10(3) of Schedule 3
Clause 10 adds a Note.
The Note clarifies that the analysis requirements referred to in subclause 10(3) of Schedule 3 is that of the integrity of the vehicle structure provided in subsection 32(1) and paragraph 32(1)(b) of the Principal Determination.
Clause 11— Subclause 10(6) of Schedule 3
Clause 11 repeals subclause 10(6) of Schedule 3 and substitutes it with a new subclause 10(6).
Subclause 10(6) provides, for the purposes of paragraph 89(2)(b) of the Rules, that the Secretary may only be satisfied that a converted vehicle complies with the requirement in subclause 10(5) of Schedule 3, where the airbag is deployed to demonstrate that modifications made to the airbag mounting and brackets, dash pad and panels, and airbag exit points, will not cause injury.
This requirement that the modifications not cause injury maintains the subclause 10(5) standard that the airbag must not, following conversion, expose the occupants to a greater risk of injury in a crash than would have existed prior to the conversion.
The converted vehicle airbag deployment may occur from inside or outside the vehicle.
Clause 12— At the end of clause 10 of Schedule 3
Clause 12 adds subclause 10(7) and subclause 10(8) to Schedule 3.
Subclause 10(7) provides for the purposes of subclause 10(6) an airbag will only be taken to be deployed where the requirements as listed in paragraphs 10(7)(a)-(d) are met.
Paragraph 10(7)(a) provides where the airbag is deployed outside of the converted vehicle, it must be on a mount that resembles the completed vehicle dashboard along with the airbag covering material. Such airbag deployment performance is representative of the airbag deployment in-situ of a complete converted vehicle.
Paragraph 10(7)(b) requires the airbag, if designed with multiple stages of inflation or activation to be fully activated. Paragraph 10(7)(c) requires the airbag to be inflated in the most rapid way.
Paragraph 10(7)(d) provides the deployment to be recorded so as to ensure the potential for injury can be assessed.
Subclause 10(8) provides a definition of passenger airbag for clause 8. This definition clarifies the intended scope of the term passenger airbag excludes driver’s airbag(s) and lower knee bolsters.
ATTACHMENT C—DOCUMENTS REFERENCED
The following documents and instruments are referenced in the Amendment Determination:
- ISO 4138:2012(en) Passenger cars — Steady-state circular driving behaviour — Open-loop test methods
- ISO 14793: 2011 Road Vehicles – Heavy Commercial Vehicles and Buses – Lateral transient response test methods.
Note: Both of the International Organization for Standardization (ISO) standards listed above are available for purchase only through the ISO and various associated national standards bodies. Vehicle manufacturers and test facilities routinely access these standards as part of their professional library. These documents are available for purchase from: https://www.iso.org/home.html. Subject to licensing conditions, the Department will make a copy of these ISO standards available for viewing at its Canberra offices.