Vehicle Standard (Australian Design Rule - Harmonisation) 2012 Amendment 1

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

Legislation au F2012L01076 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Parliamentary Secretary for Infrastructure and Transport

 

 

 

 

 

 

 

April 2012

 

 


Contents

1. legislative context

2. content and effect of ADR Harmonisation and THE amendment

2.1. Overview of the ADR

2.2. Effect of the ADR Amendment

3. best practice regulation

3.1. Business Cost Calculator

3.2. General Consultation Arrangements

3.3. Specific Consultation Arrangements for this Vehicle Standard

3.4. Regulation Impact Statement

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

4.1. Overview of the Legislative Instrument

4.2. Human Rights Implications

4.3. Conclusion

 

 

 

 

 

 

 


1.                       legislative context

Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1 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 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".

Vehicle Standard (Australian Design Rule – Harmonisation) 2012 (ADR – Harmonisation) was originally determined in 2012.

2.                       content and effect of ADR Harmonisation and THE amendment

2.1.                 Overview of the ADR

The function of ADR – Harmonisation is to implement the harmonisation and mutual recognition elements of the United Nations Economic Commission for Europe (UNECE) 1958 Agreement within Australia.

2.2.                 Effect of the ADR Amendment

This amendment is being made to correct an error in order to better align the operation of ADR – Harmonisation with its intended operation as detailed in the original Regulation Impact Statement (RIS) for the determination of ADR – Harmonisation.  It does not affect the original intent of the standard and is expected to improve the clarity of the ADR. 

3.                       best practice regulation

3.1.                 Business Cost Calculator

There is no expected increase in cost to manufacturers, as the proposed amendments do not affect the requirements of the ADR as detailed in the original RIS.

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 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 Strategic Vehicle Safety and Environment Group (SVSEG), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Standing Council on Transport and Infrastructure (SCOTI).

  • SVSEG consists of senior 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).
  • TLG consists of technical representatives of government (Australian and state/territory), the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (the same organisations as represented in SVSEG).
  • TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEO) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
  • SCOTI 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 and Transport.  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 (RIS) meeting the requirements of the Office of Best Practice Regulation as published in Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.

3.3.                 Specific Consultation Arrangements for this Vehicle Standard

This amendment is to correct an error and it does not vary the intent of the vehicle standard.  Further consultation was not considered necessary and so not carried out.

3.4.                 Regulation Impact Statement

As the proposed amendment is administrative in nature, a RIS is not required.

 

Since the decision is made by the Minister/Parliamentary Secretary for Infrastructure and Transport without reference to the SCOTI and the proposal is not considered significant, the Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 13769).

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 is being made to correct an error in order to better align the operation of ADR – Harmonisation with its intended operation as detailed in the original RIS for the determination of ADR – Harmonisation.  It does not affect the original intent of the standard and is expected to improve the clarity of the ADR.

4.2.                 Human Rights Implications

This amendment 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

The amendment to ADR – Harmonisation is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1 was enacted under the Motor Vehicle Standards Act 1989, aiming to address errors in the original 2012 regulation to ensure it operates as intended, thereby improving the clarity of the Australian Design Rules (ADR). The amendment, made by the Minister for Infrastructure and Transport, seeks to correct an oversight without altering the original intent of the ADR, which is to implement the harmonisation and mutual recognition elements of the United Nations Economic Commission for Europe (UNECE) 1958 Agreement within Australia. This amendment reflects the commitment to best practice regulation, ensuring that consultations are conducted with relevant stakeholders such as the Strategic Vehicle Safety and Environment Group, Technical Liaison Group, and other institutional bodies to maintain the integrity and effectiveness of vehicle standards. The amendment was deemed not to require further consultation or a Regulation Impact Statement, as it was administrative in nature and did not introduce significant changes. The compatibility of this amendment with human rights was affirmed, as it did not engage any of the human rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, serves to correct an error in the original regulation, thereby enhancing the clarity of the Australian Design Rules (ADR) while maintaining their intended operation. This amendment applies to new road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. The overarching purpose of the ADR is to implement the harmonisation and mutual recognition elements of the United Nations Economic Commission for Europe (UNECE) 1958 Agreement within Australia, ensuring that the standards are consistent with international practices. The amendment does not introduce new requirements or affect the original intent of the ADR, hence it is anticipated that there will be no additional costs to manufacturers. Consultation processes for such amendments typically involve various government bodies and industry representatives, but in this case, additional consultation was deemed unnecessary due to the nature of the changes. The amendment is administrative and does not require a Regulation Impact Statement (RIS). Moreover, the amendment is compatible with human rights, as it does not engage any of the rights and freedoms recognised in relevant international instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1, under section 7 of the Motor Vehicle Standards Act 1989, primarily aims to correct an error within the existing ADR Harmonisation. This amendment seeks to better align the operation of ADR Harmonisation with its intended operation as detailed in the original Regulation Impact Statement (RIS) for the determination of ADR Harmonisation. This amendment does not affect the original intent of the standard and is expected to improve the clarity of the ADR. The overarching obligation imposed by this Act is the establishment of nationally uniform standards for new road vehicles supplied to the Australian market, regardless of whether these vehicles are manufactured domestically or imported. The Act also ensures that these standards are harmonised with international agreements, specifically the United Nations Economic Commission for Europe (UNECE) 1958 Agreement. In terms of compliance, the Act mandates that manufacturers adhere to these standards to ensure that their vehicles meet the specified requirements. The legislative process includes extensive consultation with various stakeholders, including government entities, industry representatives, and consumer groups, to gather feedback and ensure that the standards are practical and effective. This collaborative approach is designed to foster cooperation and ensure that the standards address the needs of all stakeholders. The consultation process can involve groups such as the Strategic Vehicle Safety and Environment Group (SVSEG), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC), and the Standing Council on Transport and Infrastructure (SCOTI). There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breach of these standards. However, under the Motor Vehicle Standards Act 1989, non-compliance with vehicle standards can lead to significant penalties. Manufacturers found to be in breach of the standards may face fines and other penalties, including the potential for their vehicles to be deemed non-compliant and unable to be sold in Australia. The exact penalties for non-compliance would be determined based on the nature and severity of the breach, as well as any resulting harm or risk to public safety.

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