Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2

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

Legislation au F2019L00028 Not in force Legislative Instrument

Legislation content

 

Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2

 

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

Issued by the authority of the Assistant Minister to the Deputy Prime Minister

 

 

 

 

 

November 2018

 

 

Contents

 

1. LEGISLATIVE CONTEXT......................................3

2. CONTENT AND EFFECT OF ADR 5/05 – ANCHORAGES FOR SEATBELTS              3

2.1. Overview of the ADR...........................................3

2.2. Effect of the Amendment........................................3

3. BEST PRACTICE REGULATION................................3

3.1. Benefits and Costs..............................................3

3.2. General Consultation Arrangements................................3

3.3. Specific Consultation Arrangements for this Vehicle Standard...........4

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS........5

4.1. Overview of the Legislative Instrument.............................5

4.2. Human Rights Implications.......................................5

4.3. Conclusion...................................................5

 


1.                       LEGISLATIVE CONTEXT

The Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards that apply to new 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 imported.

The making of 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”.

The Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 (ADR 5/05) was originally determined in 2006 and has since been amended by one subsequent determination.

2.                       CONTENT AND EFFECT OF ADR 5/05 – ANCHORAGES FOR SEATBELTS

2.1.                 Overview of the ADR

This vehicle standard prescribes requirements for seatbelt anchorages so that seatbelts may be adequately secured to the vehicle structure or seat and will meet comfort requirements in use.

2.2.                 Effect of the Amendment

This amendment implements transition arrangements from this vehicle standard to a later vehicle standard.  Under these arrangements, compliance to the new standard ADR 5/06 exempts a manufacturer from having to comply with ADR 5/05.

This change does not affect the original intent of the standard but is essential to allow its correct operation in conjunction with ADR 5/06.

3.                       BEST PRACTICE REGULATION

3.1.                 Benefits and Costs

There is no expected change in benefits or costs, as the proposed amendment does not change the requirements of the ADR.

3.2.                 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 Commonwealth and the state and 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) and the Australian Motor Vehicle Certification Board (AMVCB), the Strategic Vehicle Safety and Environment Group (SVSEG) and the Safe Vehicles Theme Group (SVTG), the Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council (the Council).

  • TLG consists of technical 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).  AMVCB consists of the government members of TLG.
  • SVSEG consists of senior representatives of government (Australian and state/territory), the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (at a higher level within each organisation as represented in TLG).  SVTG consists of the government members of SVSEG.
  • TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEOs) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
  • The Council consists of the Australian, state/territory and New Zealand Ministers with responsibility for transport and infrastructure issues.

Editorial changes and changes to correct errors are processed by the Department of Infrastructure, Regional Development and Cities.  This approach is only used where the amendments do not vary the intent of the vehicle standard.

Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Best Practice Regulation as published in the Australian Government Guide to Regulation and the Council of Australian Government’s Best Practice Regulation: A Guide for Ministerial Councils and Standard-Setting Bodies.

3.3.                 Specific Consultation Arrangements for this Vehicle Standard

This amendment is related to the introduction of ADR 5/06.  As it is minor in nature, and does not affect the requirements of the ADR, further consultation was not considered necessary and so not carried out.

As the amendment is purely administrative in nature and does not increase the stringency of the ADR, a RIS is not required.

4.                       STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.1.                 Overview of the Legislative Instrument

This amendment allows for a transition between ADR 5/05 and the later version ADR 5/06.  It does not affect the original intent or operation of the standard.

4.2.                 Human Rights Implications

This amendment to ADR 5/05 does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.3.                 Conclusion

This amendment to ADR 5/05 is compatible with human rights as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2 was enacted under section 7 of the Motor Vehicle Standards Act 1989. This legislation was introduced to address the need for nationally uniform standards for new road vehicles supplied in Australia, ensuring they meet safety and operational standards regardless of their country of manufacture. The Motor Vehicle Standards Act 1989 allows the Australian Government to set these standards, which apply to vehicles whether they are manufactured domestically or imported. The policy objective of this amendment is to implement transition arrangements from ADR 5/05 to ADR 5/06, ensuring compliance with the new standard exempts manufacturers from adhering to the older standard without altering the original intent or requirements of the vehicle standard. This approach facilitates a smoother transition between standards and maintains the overall safety and effectiveness of seatbelt anchorages in vehicles.

Scope and Application

The Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2, made under the Motor Vehicle Standards Act 1989, governs the standards for seatbelt anchorages in new road vehicles supplied to the market in Australia. This encompasses vehicles manufactured both domestically and imported into the country. The Act allows the Australian Government to establish uniform standards that must be adhered to by manufacturers when supplying new vehicles. The amendment provides transition arrangements from the ADR 5/05 to the newer ADR 5/06, allowing compliance with the newer standard to exempt manufacturers from the older one, without altering the original intent of the regulation. This amendment does not extend or restrict the application of the Act, nor does it introduce new consultation requirements, as it is considered minor and administrative. It is compatible with human rights as it does not engage any of the rights and freedoms outlined in the international instruments listed under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2, made under section 7 of the Motor Vehicle Standards Act 1989, provides transition arrangements from ADR 5/05 to the newer standard ADR 5/06. This amendment ensures that compliance with the newer standard, ADR 5/06, exempts manufacturers from having to comply with the older ADR 5/05, thereby facilitating smoother operational integration between the two standards. The amendment itself does not alter the original requirements or intent of ADR 5/05. The Act mandates that the Australian Government establish nationally uniform standards for new road vehicles supplied in Australia, regardless of their country of manufacture. This legislative framework is crucial for ensuring consistent safety and comfort standards across the automotive industry. The amendments to ADR 5/05 fall within this legislative authority, maintaining the integrity and purpose of the original standard while facilitating the transition to newer, potentially more advanced, standards. The obligations imposed by the Act on parties governed by this legislation include ensuring that their vehicles comply with the prescribed standards. Manufacturers must adhere to the specific requirements outlined in ADR 5/05 and ADR 5/06, as applicable, to ensure that seatbelt anchorages are secure and meet comfort requirements. The amendment specifies that compliance with ADR 5/06 automatically satisfies the requirements of ADR 5/05, thereby simplifying compliance for manufacturers. In terms of penalties and consequences for non-compliance, the Act does not specify particular penalties for breaches of the Vehicle Standard (Australian Design Rule 5/05 – Anchorages for Seatbelts) 2006 Amendment 2. However, non-compliance with vehicle standards generally may result in legal action, fines, and other regulatory consequences. Given the importance of these standards in ensuring road safety, any failure to comply could lead to serious repercussions for manufacturers and potentially endanger vehicle occupants.

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Area of Law
Vehicle Law
Instrument
Regulation
Concepts
Regulatory Standards
Consultation Requirements
Reporting & Disclosure Obligations

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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.