Vehicle Standard (Australian Design Rule 5/00 – Anchorages for Seat Belts and Child Restraints) 2006 Amendment 1
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
October 2006
CONTENTS
1. legislative context................................................
2. content and effect of ADR 5/00 - Anchorages for Seat Belts and Child Restraints Amendment 1
3. consultation arrangements..........................................
- legislative context
Vehicle Standard (Australian Design Rule 5/00 — Anchorages for Seat Belts and Child Restraints) 2006 Amendment 1 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) 5/00 was originally determined in Determination of Motor Vehicle Standards Order No. 1 of 1989 and remade in Vehicle Standard (Australian Design Rule 5/00 - Anchorages for Seat Belts and Child Restraints) 2006.
- content and effect of ADR 5/00 - Anchorages for Seat Belts and Child Restraints Amendment 1
- Changes to the ADR
The changes set out in schedule 1 of the amending instrument correct typographical errors that were introduced when converting from the image scan of the original document to the format required by the Legislative Instruments Act 2003.
These changes are necessary to prevent any potential confusion when applying the vehicle standards.
- Documents Incorporated by Reference
The amending instrument does not incorporate any documents by reference (excluding the principle instrument).
- consultation arrangements
- General Consultation Arrangements
It has been longstanding practice to consult widely on proposed new or amended vehicle standards. For many years there has been active collaboration between the Federal and the State/Territory Governments, as well as consultation with industry and consumer groups. Much of the consultation takes place within institutional arrangements established for this purpose. The analysis and documentation prepared in a particular case, and the bodies consulted, depend on the degree of impact the new or amended standard is expected to have on industry or road users.
Depending on the nature of the proposed changes, consultation could involve the Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the Australian Transport Council (ATC).
- TLG consists of representatives of government (Australian and State/Territory), the manufacturing and operational arms of the industry (including organisations such as the Federal Chamber of Automotive Industries and the Australian Trucking Association) and of representative organisations of consumers and road users (particularly through the Australian Automobile Association).
- TACE consists of the chief executives of Australian and State/Territory departments of transport and road vehicle administrations.
- ATC consists of the Australian, State/Territory and New Zealand Ministers with responsibility for transport issues.
Editorial changes and changes to correct errors are processed by the Department of Transport and Regional Services. This approach is only used where the amendments do not vary the intent of the vehicle standard.
New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers. Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services. Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation.
- Specific Consultation Arrangements for this Vehicle Standard
As this amending instrument corrects typographical errors, a regulation impact statement has not been prepared and no consultation has been carried out.
Overview
The Vehicle Standard (Australian Design Rule 5/00 – Anchorages for Seat Belts and Child Restraints) 2006 Amendment 1 was introduced to correct typographical errors in the original Australian Design Rule 5/00, which governs the anchorages for seat belts and child restraints in road vehicles. This amendment was enacted under the Motor Vehicle Standards Act 1989, which empowers the Minister to determine vehicle standards for road vehicles or vehicle components to ensure nationally uniform standards. This legislative amendment aims to prevent any potential confusion that might arise from the typographical errors in the original document. The amendment was processed by the Department of Transport and Regional Services, reflecting a longstanding practice of extensive consultation with industry and consumer groups to ensure the standards effectively meet their intended objectives.
Scope and Application
The Vehicle Standard (Australian Design Rule 5/00 – Anchorages for Seat Belts and Child Restraints) 2006 Amendment 1 applies to all road vehicles supplied in Australia, whether manufactured domestically or imported, in order to ensure uniform safety standards. The Act operates under the Motor Vehicle Standards Act 1989, which empowers the Minister to determine these standards to protect the safety of vehicle occupants, particularly children. This particular amendment corrects typographical errors introduced during the conversion of the original document to the format required by the Legislative Instruments Act 2003, ensuring clarity and proper application of the vehicle standards. The amendment does not incorporate any additional documents by reference, excluding the principal instrument itself. The scope of consultation for this amendment was limited because it involved only editorial changes to correct errors, without altering the intent of the vehicle standard. Generally, consultations for new or amended vehicle standards involve various government bodies and industry stakeholders, but in this case, no specific consultation was carried out.
Key Provisions
The Vehicle Standard (Australian Design Rule 5/00 – Anchorages for Seat Belts and Child Restraints) 2006 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989 (the Act), corrects typographical errors introduced in the original document when it was converted from an image scan to the required legislative format. These changes are intended to prevent confusion in the application of the vehicle standards, ensuring that they remain clear and effective. This amendment does not incorporate any documents by reference, other than the principal instrument itself.
The primary obligation imposed by this Act is the requirement for vehicle manufacturers to adhere to the corrected vehicle standards as specified in ADR 5/00. This includes ensuring that all anchorages for seat belts and child restraints comply with the established guidelines to guarantee the safety and efficacy of these critical safety features. The standards are designed to provide a uniform approach across all vehicles supplied in Australia, whether they are manufactured domestically or imported. The Act also places a responsibility on the Minister to ensure that the standards are correctly applied and that any errors that could compromise vehicle safety are promptly addressed.
Failure to comply with the standards set out in the amended ADR 5/00 could result in significant consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with vehicle standards under the Motor Vehicle Standards Act 1989 can generally lead to enforcement actions. These may include fines, recalls of non-compliant vehicles, and other regulatory measures to ensure compliance. The severity of the penalties can vary depending on the nature and extent of the non-compliance, but the overarching goal is to maintain high safety standards for all road vehicles in Australia.
Consultation arrangements for this amending instrument were not deemed necessary, as the changes are purely corrective and do not alter the intent or stringency of the original standards. However, for significant changes to vehicle standards, the Act mandates a thorough consultation process involving various stakeholders, including the Technical Liaison Group, Transport Agencies Chief Executives, and the Australian Transport Council. This ensures that all proposed changes are thoroughly vetted and that the interests of industry, consumers, and road users are adequately represented. The legislative process also requires a Regulation Impact Statement for significant changes, providing a detailed analysis of the potential effects on stakeholders.