Vehicle Standard (Australian Design Rule 34/00 – Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006

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

Legislation au F2006L03063 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 34/00 – Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Transport and

Regional Service

 

 

 

 

 

 

 

August 2006

 

CONTENTS

 

1. legislative context................................................

2. impact of the legislative instruments act 2003...........................

3. content and effect of ADR 34/00 - Child Restraint Anchorage and Child Restraint Anchor Fittings             

4. consultation arrangements..........................................

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 34/00 — Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia.  The Act applies to such vehicles whether they are manufactured in Australia or are imported as new or second hand vehicles.

The making of the vehicle standards necessary for the Act's effective operation is provided for in section 7 which empowers the Minister to "determine vehicle standards for road vehicles or vehicle components".

Australian Design Rule (ADR) 34/00 was originally determined in Road Vehicle (National Standards) Determination 2 of 1992 and has been amended in two subsequent determinations.  ADR 34/00 is being remade to comply with the requirements of the Legislative Instruments Act 2003 (LIA) and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 34/00 has not altered the substance of the standard as last determined.

  1.                        impact of the legislative instruments act 2003

Until now ADRs have been determined in “packages”, that is, a single determination will create, amend and repeal multiple ADRs.  In example, Determination 1 of 1991 amended 32 ADRs and Determination 2 of 2003 created one new ADR and amended 13.  The determination is the legislative instrument, not the ADR itself.

 

The intent of the LIA is to allow easy access to all legislative instruments and to be able to track their history and changes.  The current form of determination used to created vehicle standards does not allow for this as it is difficult to isolate the change history of individual ADRs and the legislative instruments (the determinations) do not contain the information of importance to those using the ADRs – the vehicle standards.

 

In consultation with the Attorney General’s Department it has been agreed that the most effective solution is to remake each ADR as a separate vehicle standard determined under section 7 of the Act.  In doing this, there is no need to backcapture the old determinations and the new layout better fits the intent of the LIA.  With each ADR as a separate vehicle standard it will be possible for interested parties to view the ADR and its change history on the Federal Register of Legislative Instruments.

  1.                        content and effect of ADR 34/00 - Child Restraint Anchorage and Child Restraint Anchor Fittings
    1.                  Overview of the ADR

The function of this vehicle standard is to specify requirements for child restraint anchorages and child restraint anchor fittings to provide for the connection of standard attaching clips so that child restraints may be adequately secured to the vehicle.


  1.                  Changes to the ADR

The following changes have been made to the ADR:

  • Format.  The ADR is now presented as a single column of text rather than two columns.
  • Spelling and grammar.  Several typographical errors have been corrected.
  • Insert the following as clause 0.

34.0. Legislative provisions

34.0.1. NAME OF STANDARD

34.0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 34/00  Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006.

34.0.1.2. This Standard may also be cited as Australian Design Rule 34/00  Child Restraint Anchorage and Child Restraint Anchor Fittings.

34.0.2. COMMENCEMENT

34.0.2.1. This Standard commences on the day after it is registered.

34.0.3. REPEAL

34.0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 34/00  Child Restraint Anchorage and Child Restraint Anchor Fittings that is:

(a) made under section 7 of the Motor Vehicle Standards Act 1989; and

(b) in force at the commencement of this Standard.

34.0.3.2. This Standard also repeals each instrument made under section 7 of the Motor Vehicle Standards Act 1989 that creates a vehicle standard with the name Australian Design Rule 34/00  Child Restraint Anchorage and Child Restraint Anchor Fittings, if there are no other vehicle standards created by that instrument, or amendments to vehicle standards made by that instrument, that are still in force at the commencement of this Standard. “

  • Replace the text of the Definitions clause with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 34.0 has been provided by the Attorney General’s Department to facilitate remaking each ADR as a separate legislative instrument.  This text repeals and replaces each ADR as a vehicle standard independently of the Determination under which it was made.  Once all ADRs made under a particular Determination have been remade, that Determination is repealed.  The use of 0 as a clause number is to preserve the existing clause numbering of the ADR.

 

Changes to clause 34.1 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.

  1.                  Documents Incorporated by Reference

This section lists documents referenced in the vehicle standard and how they can be obtained.

 

  • Australian Design Rules can be purchased on CD-ROM from the Department of Transport and Regional Services.  As the ADRs are remade, they will also be available at http://www.comlaw.gov.au.
    • Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005
    • ADR 5/02 – (sB.3)
  • SAI Global can provide both Australian standards and English translations of many international standards.  Their website is accessible at http://www.standards.com.au/catalogue/script/search.asp.
    • Australian Standard AS 1968-1976 “Helical Spring Lock Washers - Metric” (s34.1.9)
    • Australian Standard AS 3629.3-1991 “Methods of Testing Child Restraints Part 3 Dynamic Testing of Upper Anchorage Components” (s34.7.1.1)
  • Society of Automotive Engineers documents can be purchased from their website http://www.sae.org.
    • SAE Standard J826 APR80 - “Devices for Use in Defining and Measuring Vehicle Seating Accommodation” (s34.1.10)
  1.                        consultation arrangements
    1.                  Specific Consultation Arrangements for this Vehicle Standard

As the changes to this vehicle standard are purely administrative (to comply with the LIA) no public consultation has been undertaken.

 

The Department of Transport and Regional Services has sought advice and assistance from the Office of Legislative Drafting and the Federal Register of Legislative Instruments on how best to handle the backcapture requirements of the LIA.

 

The Office of Regulation Review has agreed that a regulation impact statement is not required as the intent and technical content of the vehicle standard has not changed.

 

 

Overview

The Vehicle Standard (Australian Design Rule 34/00 – Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006 was enacted under the Motor Vehicle Standards Act 1989 to establish nationally uniform standards for road vehicles in Australia. This Act empowers the Australian Government to create vehicle standards for both domestically manufactured and imported vehicles. The purpose of ADR 34/00 is to specify the requirements for child restraint anchorages and fittings to ensure that child restraints can be securely attached to vehicles. The Vehicle Standard (Australian Design Rule 34/00 – Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006 was introduced to comply with the Legislative Instruments Act 2003, which mandates easy access to legislative instruments and their histories. The Act was enacted by the Parliament of Australia, with the policy objective of enhancing the safety of child restraints in vehicles by ensuring consistent and updated standards. The remaking of ADR 34/00 as a separate legislative instrument was intended to better align with the Legislative Instruments Act 2003, facilitating easier tracking and access to the vehicle standards.

Scope and Application

The Vehicle Standard (Australian Design Rule 34/00 – Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006 applies to all road vehicles manufactured in or imported into Australia, establishing nationally uniform standards for child restraint anchorage and anchor fittings to ensure child restraints can be adequately secured in vehicles. Made under the Motor Vehicle Standards Act 1989, this standard specifies the requirements for child restraint anchorages and anchor fittings, applicable to both new and second-hand vehicles, regardless of their origin. The Act’s jurisdictional reach is national, applying across the Commonwealth of Australia. The remaking of Australian Design Rule (ADR) 34/00 as a separate legislative instrument under the Legislative Instruments Act 2003 facilitates easier access and tracking of changes to individual ADRs, thereby enhancing transparency and compliance. This legislative instrument does not introduce substantive changes to the existing standards but ensures compliance with modern legislative practices, streamlining the process for stakeholders to access and understand the applicable vehicle standards.

Key Provisions

The Vehicle Standard (Australian Design Rule 34/00 – Child Restraint Anchorage and Child Restraint Anchor Fittings) 2006, established under section 7 of the Motor Vehicle Standards Act 1989, outlines the requirements for child restraint anchorages and fittings in vehicles to ensure child restraints can be securely attached. This standard, which was originally determined in Road Vehicle (National Standards) Determination 2 of 1992, has been remade to comply with the Legislative Instruments Act 2003, allowing for better tracking of legislative changes. It now presents the ADR as a single column of text, correcting several typographical errors and referencing ADR Definitions and Vehicle Categories as remade for LIA requirements. The changes are purely administrative and have not altered the substance of the standard. The Act imposes obligations on manufacturers and importers of vehicles to ensure compliance with the standards set forth in ADR 34/00. Vehicle manufacturers must ensure that all new vehicles supplied in Australia are fitted with appropriate child restraint anchorages and fittings. Importers must ensure that any imported vehicles meet these standards. The Act also requires that any documentation and references provided in the standard, such as Australian Standards and Society of Automotive Engineers documents, are readily accessible to relevant parties. Breach of the requirements specified in ADR 34/00 can lead to enforcement actions under the Motor Vehicle Standards Act 1989. While the legislation does not explicitly state penalties for non-compliance with ADR 34/00, general penalties for breaches of the Act include fines and, in severe cases, imprisonment. The exact penalties can vary based on the nature and extent of the breach, but they serve as a deterrent to non-compliance and ensure the safety of child occupants in vehicles.

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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.