MVSR Mar 2004

Motor Vehicle Standards
Regulations 1989
Statutory Rules 1989 No. 202 as amended
made under the
Motor Vehicle Standards Act 1989
This compilation was prepared on 18 March 2004

taking into account amendments up to SR 2004 No. 35
Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra
Contents
Page
Contents
Part 1 Preliminary
1 Name of Regulations [see Note 1] 5
2 Commencement 5
3 Interpretation 5
Part 2 National standards

4 Approval of certain vehicles, components etc as
complying with particular national standards 8
Part 3 Certification and approval

5 Applications for approval to place a used import
plate 9
6 Number limits on placement of used import plates 9
Part 4 Supply and importation of vehicles
Division 4.1 General

7 Supply of used imported vehicles — vehicles with
import approval 11
8 Supply of used imported vehicles — application for
approval 11
9 Approval to import vehicles without identification
plates 11
10 Applications for approval to import vehicles without
identification plates 11
11 Minister’s approval to import vehicles without
12 Approval to import complying vehicle without an
identification plate 12
13 Approval to import vehicle without an identification
plate if owned and used by applicant overseas 12
14 Approval to import vehicles of a type for which
limited approval for identification plates is given 13
15 Approval for registered automotive workshop to
import certain used vehicles 13
2 Motor Vehicle Standards Regulations 1989

Contents
Page
import certain used two-wheeled and
three-wheeled vehicles 14
17 Approval to import vehicles of a certain age without
plates for evaluation etc 15
19 Revocation of approval to import 16
20 Nonstandard road vehicles — prescribed
circumstance relating to design 16
21 Road trailers not exceeding 4.5 tonnes —
prescribed circumstance 17
21A Nonstandard road vehicles — prescribed
circumstance relating to intergovernmental
agreements 17
Division 4.2 Register of Specialist and Enthusiast Vehicles

22 Register of Specialist and Enthusiast Vehicles 18
23 Application for vehicle to be entered on Register 18
24 Eligibility of vehicles to be entered on Register 18
25 Minister may determine make, model or vehicle
category of vehicle 21
26 Amendment of Register 21
27 Removal of vehicles from Register 21
28 Notice of decisions 21
29 Review of decisions 22
30 Review Panel 22
31 Membership of the Review Panel 23
32 Term of office of Panel members 23
33 Cessation of office 23
34 Alternate members 24
35 Quorum 24
36 Meetings 24
37 Effect of vacancy 25
38 Disclosure of interest 25
Part 5 Registered Automotive Workshops
Division 5.1 Definitions for Part 5

39 Definitions for Part 5 26
Motor Vehicle Standards Regulations 1989 3

Contents
Page
Division 5.2 Applications for approval and renewal of
approval
40 Application for approval as a registered automotive
workshop 27
41 Application signatory 28
42 Additional criteria for approval — general 28
43 Association with registered automotive workshop 29
44 Application for registration for RVCS 30
45 Registration for RVCS 31
46 Nominated delegate 31
47 Modification facility 31
48 Quality management system 32
49 Vehicle inspection signatories 33
50 Sponsor for overseas applicants 33
51 Additional criteria for approval — import time limits
and inspection 34
52 Approval a matter of public record 36
52A Schedule of approved vehicles 36
53 Disposal of vehicles where approval refused 37
54 Application to renew approval 38
Division 5.3 Conditions of approval

55 Purpose of Division 5.3 38
57 Conditions of a RAW approval 38
58 Consumer information notice 40
Division 5.4 Variation of an approval

59 Variation of a RAW approval 41
Part 6 Miscellaneous
60 Fees 42
61 Payment of certain fees by instalments 42
62 Delegation by Minister 43
Schedule 1 Contents of consumer information notice 44
Schedule 2 Fees 48
Notes 51

Preliminary Part 1
Regulation 3
Part 1 Preliminary
1 Name of Regulations [see Note 1]

These Regulations are the Motor Vehicle Standards
Regulations 1989.
2 Commencement
These Regulations commence on 1 August 1989.
3 Interpretation
In these Regulations, unless the contrary intention appears:
approved form means a form approved by the Minister for the
purposes of the provision in which the expression is used.
Australian Design Rules means the national standards under
the Act.
full volume, in relation to the supply of a vehicle, means the
supply of a vehicle of a type in respect of which identification
plates can be placed on vehicles of that type, in accordance
with an approval under section 10A of the Act, in unlimited
numbers.
inspector means an inspector appointed under section 25 of the
Act.
JAS-ANZ means the Joint Accreditation System of Australia
and New Zealand.
make, of a road vehicle, means the marque or name by which a
range of vehicles that includes the road vehicle is popularly
known.
model, of a road vehicle, means a class or family of road
vehicles:
(a) of the same make; and
(b) of the same general type or appearance;
that includes the road vehicle.

Part 1 Preliminary
Regulation 3
MVS Amendment Act means the Motor Vehicle Standards

Amendment Act 2001.
old approval has the meaning given by section 4 of the MVS
Amendment Act.
Procedure Number 24 means the document known as
Procedure Number 24 — Requirements for Bodies
Undertaking Assessment and Certification of Automotive
Workshops published by JAS-ANZ.
RAW means registered automotive workshop.
RAW approval means an approval as a registered automotive
workshop under section 21B of the Act.
Register of Specialist and Enthusiast Vehicles, or Register,
means the register of that name established by regulation 22.
restricted volume two-wheeled or three-wheeled vehicle
means a two-wheeled or three-wheeled vehicle of a make and
model in respect of which used import plates can be placed on
vehicles of that make and model, in accordance with an
approval under section 13D of the Act, in limited numbers.
schedule of approved vehicles, for a registered automotive
workshop, means a schedule setting out the make and model of
vehicles that the Minister has approved for the workshop.
Stage 1 audit means the audit (stage 1) of an automotive
workshop mentioned in Section 3: Requirements for
Certification in Procedure Number 24.
Stage 2 audit means the audit (stage 2) of an automotive
workshop mentioned in Section 3: Requirements for
Certification in Procedure Number 24.
the Act means the Motor Vehicle Standards Act 1989.
three-wheeled vehicle means a three-wheeled vehicle in a
vehicle category in the group of two-wheeled and three-
wheeled vehicle categories in Subpart 2 — Vehicle Categories
in the Australian Design Rules.
transitional approval has the meaning given by section 4 of the
MVS Amendment Act.
two-wheeled vehicle means a two-wheeled vehicle in a vehicle
category in the group of two-wheeled and three-wheeled

Preliminary Part 1
Regulation 3
vehicles categories in Subpart 2 — Vehicle Categories in the

Australian Design Rules.
unrestricted volume two-wheeled or three-wheeled vehicle
means a two-wheeled or three-wheeled vehicle of a make and
model in respect of which used import plates can be placed on
vehicles of that make and model, in accordance with an
approval under section 13D of the Act, in unlimited numbers.
vehicle category means a category of vehicle defined in
Subpart 2 — Vehicle Categories in the Australian Design
Rules, but does not include a subcategory defined in the
Details of Subcategories of Vehicle Categories in those Rules.
vehicle inspection certificate means a report of a kind
mentioned in subsection 13D (1) of the Act in relation to a used
imported vehicle.

Regulation 4
4 Approval of certain vehicles, components etc as

complying with particular national standards
(1) Application may be made to the Minister for approval of:
(a) a vehicle component, being a component that is, or is to
be, supplied to the market for the manufacture of a new
vehicle; or
(b) a road vehicle; or
(c) a partly assembled road vehicle;
being an approval that states that the component, road vehicle
or partly assembled road vehicle, as the case requires, complies
with particular national standards or relevant parts of particular
national standards.
(2) The Minister may, by signed instrument, approve:
(a) a vehicle component that is, or is to be, supplied to the
market for the manufacture of a new vehicle; or
(b) a road vehicle; or
(c) a partly assembled road vehicle;
being an approval that states that the component, road vehicle
or partly assembled road vehicle, as the case requires, complies
with the particular national standards specified in the approval
or with relevant parts of particular national standards.
(3) An approval under subregulation (2) may be used to support an
application for authority to place a compliance plate on a road
vehicle, or on road vehicles of a particular type.
(4) Application may be made to vary an application made under
subregulation (1) or an approval under subregulation (2).
(5) An application under subregulation (1) or (4) must be in
accordance with an approved form and is to be accompanied by
material sufficient to establish compliance with the national
standards or relevant parts of national standards in relation to
which the application is made.

Certification and approval Part 3
Regulation 6
5 Applications for approval to place a used import

plate
For subsection 13C (2) of the Act, an application by a
registered automotive workshop for an approval to place a used
import plate on a used imported vehicle must be in the
approved form.
Note Under subsection 13D (3) of the Act, the Minister must determine
guidelines that apply to the making of decisions by the Minister about
whether to grant a registered automotive workshop an approval to place a
used import plate on a used imported vehicle. The guidelines may provide
that the Minister must not grant a registered automotive workshop an
approval to place a plate on a used imported vehicle unless the vehicle
meets certain requirements.
6 Number limits on placement of used import plates

(1) This regulation is made for section 13E of the Act.
(2) The number of used import plates that a registered automotive
workshop may be approved, under subsection 13D (1) of the
Act, to place on used imported vehicles listed in the
workshop’s schedule of approved vehicles, during the period of
12 consecutive months immediately preceding the application
for approval, is:
(a) for road vehicles other than two-wheeled or three-wheeled
vehicles — 100 for each vehicle category; and
(b) for restricted volume two-wheeled or three-wheeled
vehicles — 100 for each vehicle category.
(3) For subregulation (2):
(a) the first period in respect of vehicles in a particular vehicle
category commences on the day that the Minister grants
the first approval for the workshop to place a used import
plate on vehicles in that vehicle category; and
(b) any used imported vehicle used as a test vehicle is to be
included in the number mentioned in paragraph (2) (a) or
(b), as appropriate.

Regulation 6
Note No number limit is imposed on the placement by a registered

automotive workshop of used import plates on unrestricted volume two-
wheeled or three-wheeled vehicles.

Supply and importation of vehicles Part 4
General Division 4.1
Regulation 10
Part 4 Supply and importation of

vehicles
7 Supply of used imported vehicles — vehicles with

import approval
If a used imported vehicle supplied to the market is imported:
(a) in accordance with an import approval granted under
regulation 11, 12, 13 or 17; and
(b) the conditions (if any) of the import approval have been
complied with;
that is a prescribed circumstance for paragraph 16 (1) (d) of the
Act.
8 Supply of used imported vehicles — application for

approval
For subsection 16 (3) of the Act, an application must be in the
approved form.

plates
For the purposes of section 20 (1) (b) of the Act, a person may
import a nonstandard road vehicle or a road vehicle that does
not have an identification plate if the Minister has approved an
application by the person to import the vehicle.
10 Applications for approval to import vehicles without

identification plates
A person may apply to the Minister for approval to import a
nonstandard road vehicle or a road vehicle that does not have
an identification plate.

Regulation 11
11 Minister’s approval to import vehicles without

(1) The Minister may approve an application to import a
an identification plate.
(2) An approval may be given subject to conditions specified in the
instrument of approval.
(3) Without limiting the generality of subregulation (2), the
Minister may require that a plate in such form and containing
such information as the Minister determines be placed on the
vehicle.
(4) An approval must be given by signed instrument.
12 Approval to import complying vehicle without an

identification plate
The Minister must approve an application to import a road
vehicle that complies with the national standards but does not
have an identification plate if:
(a) the vehicle complied with the national standards when it
was first manufactured and delivered for use in transport;
and
(b) the applicant is of an age that entitles him or her to hold a
licence or a permit to drive a road vehicle of that type; and
(c) the applicant has not imported a road vehicle within the
year ending on the day on which the vehicle in respect of
which the application is made is landed in Australia.
13 Approval to import vehicle without an identification

plate if owned and used by applicant overseas
The Minister must approve an application to import a
an identification plate if:
(a) the vehicle has been owned and used by the applicant for a
continuous period of at least:
(i) for a vehicle owned by the applicant on or before
8 May 2000 — 3 months; or

Regulation 15
(ii) for a vehicle to which subparagraph (i) does not

apply but for which the application is made on or
before 8 November 2000 — 3 months; or
(iii) in any other case — 12 months; and
(b) at the time the vehicle is imported, the applicant is:
(i) an Australian citizen or an Australian permanent
resident; or
(ii) a person who has applied to become an Australian
citizen or an Australian permanent resident; and
(c) the applicant is of an age that entitles him or her to hold a
licence or a permit to drive a road vehicle of that type; and
(d) the applicant undertakes to comply with any requirements
as to road safety that are imposed in respect of the vehicle
by the Minister; and
(e) the applicant has not imported a road vehicle owned by
him within the year ending on the day on which the
vehicle in respect of which the application is made is
landed in Australia.
14 Approval to import vehicles of a type for which

limited approval for identification plates is given
Without limiting the generality of subregulation 11 (1), the
Minister may approve an application to import a new vehicle
that does not have an identification plate if:
(a) an approval to place identification plates on vehicles of
that type has been given under section 10A of the Act; and
(b) the importer of the vehicle is the person to whom the
approval has been given.

import certain used vehicles
(1) The Minister may approve an application to import a road
vehicle other than a new vehicle if:
(a) the applicant is a registered automotive workshop; and
(b) the vehicle is less than 15 years old at the date of
application; and

Regulation 16
(c) the make and model of the vehicle is included in the

schedule of approved vehicles for the applicant; and
(d) the application to import is accompanied by an application
for approval to place a used import plate on the vehicle;
and
(e) for a vehicle other than a two-wheeled or three-wheeled
vehicle — approval has not been granted to the applicant
to import more than a total of 130 vehicles in the vehicle
category to which the vehicle belongs in the period of
12 consecutive months immediately preceding the
application; and
(f) for a restricted volume two-wheeled or three-wheeled
vehicle — approval has not been granted to the applicant
to import more than a total of 130 vehicles in the vehicle
category to which the vehicle belongs in the period of
12 consecutive months immediately preceding the
application.
(2) This regulation does not apply to an unrestricted volume two-
wheeled or three-wheeled vehicle.

import certain used two-wheeled and three-wheeled
vehicles
The Minister may approve an application to import a road
vehicle other than a new vehicle if:
(a) the applicant is a registered automotive workshop; and
(b) the vehicle is an unrestricted volume two-wheeled or
three-wheeled vehicle of a make and model included in
the applicant’s schedule of approved vehicles; and
(c) the vehicle is less than 15 years old at the date of
application.
17 Approval to import vehicles of a certain age without

The Minister must approve an application to import a
nonstandard road vehicle or a vehicle that does not have an
identification plate if the vehicle is 15 or more years old.

Regulation 18

plates for evaluation etc
(1) Without limiting the generality of subregulation 11 (1), the
Minister may approve an application to import a nonstandard
road vehicle or a road vehicle that does not have an
identification plate if he is satisfied that the vehicle:
(a) is a new vehicle to be used:
(i) for market evaluation and research; or
(ii) for tests to establish whether vehicles of a particular
type comply with national standards for the purpose
of an approval under section 10A of the Act for an
identification plate to be placed on a vehicle or
vehicles of that type; or
(b) is a vehicle (other than a new vehicle):
(i) to be used for market evaluation and research, and
the applicant has an approval under section 10A of
the Act to place identification plates; or
(ii) to be used for tests to establish whether a vehicle of
that make and model can be made to comply with
the requirements for approval, under section 13D of
the Act, for the placement of a used import plate,
and in respect of which the requirements of
subregulation (2) are complied with; or
(c) is to be used in road vehicle racing or rally competition; or
(d) is to be used in providing support to a road vehicle in road
vehicle racing or rally competition and has been built,
modified or adapted for that purpose; or
(e) is of a type not generally available in Australia and is to be
imported primarily for exhibition.
(2) For subparagraph (1) (b) (ii), the requirements are as follows:
(a) the vehicle, if it is not a two-wheeled or a three-wheeled
vehicle, must be of a make and model entered on the
Register of Specialist and Enthusiast Vehicles;
(b) the applicant must be a registered automotive workshop,
or be an applicant for RAW approval that has met Stage 1
audit requirements;

Regulation 19
(c) for an applicant that is a registered automotive workshop,

the vehicle must be the first vehicle of that make and
model to be approved for the applicant for the purposes of
that subparagraph, unless otherwise approved by the
Minister;
(d) for an applicant that is an applicant for RAW approval:
(i) the vehicle must be the first vehicle to be approved
for the applicant for the purposes of that
subparagraph; and
(ii) the application to import must be accompanied by an
application, under section 21A of the Act, for RAW
approval.
19 Revocation of approval to import

The Minister may revoke an approval to import a vehicle given
to a person under regulation 11, 12, 13, 14, 15, 16, 17 or 18 if
the approval was given subject to a condition and the person
fails to comply with the condition.
20 Nonstandard road vehicles — prescribed

circumstance relating to design
(1) Where:
(a) a road vehicle does not comply with the national standards
applicable to it; and
(b) the road vehicle would, if it did comply with those
standards, be unable to operate as a road vehicle in the
manner or for the purpose in respect of which it was
designed; and
(c) the Minister approves, in writing, of the vehicle being
supplied to the market, used by a corporation in transport
in Australia or imported, as the case may be;
that is a prescribed circumstance for the purpose of paragraph
14A (1) (a), 15 (2) (a) or 20 (1) (b) of the Act, as the case
requires.
(2) An approval under paragraph (1) (b) may be subject to written
conditions determined by the Minister, being conditions

Regulation 21A
relating to safety or emissions or to the placing of an

identification plate on the vehicle.
21 Road trailers not exceeding 4.5 tonnes — prescribed

circumstance
Where:
(a) a road trailer has a gross vehicle mass within the meaning
of the Interstate Road Transport Regulations that does not
exceed 4.5 tonnes; and
(b) the trailer complies with the relevant national standards;
and
(c) if the Minister has approved an identification plate in a
form and containing such information as the Minister
determines in respect of the trailer, or in respect of trailers
of that particular type — such an identification plate is
placed on the trailer;
that is a prescribed circumstance for the purposes of paragraphs
13A (3) (a), 14A (1) (a), 15 (2) (a), 16 (2) (a) and 20 (1) (b) of
the Act.
21A Nonstandard road vehicles — prescribed

circumstance relating to intergovernmental
agreements
(1) For paragraph 20 (1) (b) of the Act, it is a prescribed
circumstance that the road vehicle:
(a) is a vehicle to which an intergovernmental agreement
applies; and
(b) is imported in accordance with the requirements of the
intergovernmental agreement.
(2) In this regulation:
intergovernmental agreement means an agreement, being an
agreement to which the Commonwealth and the government of
a country, or the governments of countries, other than Australia
are parties, that provides for the importation of vehicles
specified in the agreement into Australia on a temporary basis
without payment of duties of customs.

Regulation 22
Division 4.2 Register of Specialist and

Enthusiast Vehicles
22 Register of Specialist and Enthusiast Vehicles

(1) This regulation is made for paragraphs 21 (2) (a) and (d) of the
Act.
(2) The Minister must keep a register to be known as the Register
of Specialist and Enthusiast Vehicles.
(3) The Register must be kept in electronic form.
(4) The Register must be made available on the Internet at the
Department’s web site.
(5) The Minister must make a paper copy of an entry on the
Register available on request by any person.
23 Application for vehicle to be entered on Register

(1) This regulation is made for paragraph 21 (2) (b) of the Act.
(2) A person may apply to the Minister, in the approved form, for a
road vehicle to be entered on the Register.
(3) The Minister, on receipt of an application in accordance with
subregulation (1) for a vehicle, must consider the application
and must:
(a) if the vehicle is eligible under regulation 24 — enter the
vehicle on the Register; or
(b) if the vehicle is not so eligible — refuse to enter the
vehicle on the Register.
(4) The Minister may, on the Minister’s initiative and without an
application, enter a road vehicle on the Register if the vehicle is
eligible under regulation 24.
24 Eligibility of vehicles to be entered on Register

(1) This regulation is made for paragraph 21 (2) (c) of the Act.

Register of Specialist and Enthusiast Vehicles Division 4.2
Regulation 24
(2) Subject to subregulation (7), a road vehicle is eligible to be

entered on the Register if it is of a make of vehicle in a vehicle
category in respect of which vehicles are not supplied to the
market in full volume in Australia.
(3) Also, subject to subregulation (7), a road vehicle is eligible to
be entered on the register if it:
(a) is of a make of vehicle in a vehicle category in respect of
which vehicles are supplied to the market in full volume in
Australia; and
(b) satisfies each of the criteria set out in subregulation (4)
that apply to the vehicle.
(4) For paragraph (3) (b), the criteria are as follows:
(a) if the road vehicle is not a new vehicle, it must be of a
vehicle model for which vehicles were first supplied to the
market, in Australia or elsewhere, at least 18 months
before the date of the application;
(b) whether or not the road vehicle is a new vehicle, it must:
(i) be intended for first supply to the market in
Australia as a campervan under the provisions of
Administrator’s Circular 0-4-12 and:
(A) be of a model that is not supplied to the
market in full volume in Australia; or
(B) be a variant not supplied in Australia of a
model that is supplied to the market in full
volume in Australia; or
(ii) if it is not a road vehicle of a kind mentioned in
subparagraph (i):
(A) be of a model that has not been supplied to
the market in full volume in Australia; or
(B) being a model that has been supplied to the
market in full volume in Australia, have a
build date at least 1 year later than the build
date of the last vehicle of the model supplied
to the market in full volume in Australia;
(c) if the road vehicle is in the MA, MB, MC, MD1, MD2 or
NA vehicle category, it must:

Regulation 24
(i) be a single cab, four-wheel drive vehicle with an

open work tray; or
(ii) meet at least 2 of the following criteria:
(A) appearance — be significantly different in
appearance to the popular class of vehicles in
that category;
(B) unusual design features — be significantly
different in sub-assemblies to the popular
class of vehicle in that category;
(C) performance — be significantly different in
the level of performance to the popular class
of vehicle in that category;
(D) specialist publications — be featured in at
least 1 specialist motoring magazine in ‘as
manufactured’ condition.
(5) Paragraph (4) (a) does not apply to a vehicle in respect of
which the original manufacturer of the vehicle has told the
Minister, in writing, that it does not intend to supply to the
market vehicles of that model as new vehicles under an
approval for supply in full volume in Australia.
(6) Sub-subparagraph (4) (b) (ii) (B) does not apply to a vehicle if
the person to whom approval has been granted under section
10A of the Act to place identification plates on vehicles of that
model has told the Minister, in writing, that the person agrees
to the waiver of the 1 year period mentioned in that
sub-subparagraph in respect of the vehicle.
(7) A vehicle is not eligible to be entered on the register if it is:
(a) in the TA, TB, TC or TD vehicle category; or
(b) of a make and model that is 15 or more years old.
Administrator’s Circular 0-4-12 means the circular of that
name issued by the Administrator, as in force at the
commencement of this regulation.
single cab, in relation to a vehicle, means having one row of
seats in the cab of the vehicle.
Note for paragraph (7) (a) T group vehicle categories are for trailers.

Regulation 28
25 Minister may determine make, model or vehicle

category of vehicle
(1) For the purposes of regulation 24, the Minister may determine
that a road vehicle is of a particular make or model, or is in a
particular vehicle category.
(2) The Minister may determine that vehicles of the same design
are of the same make or model whether or not they are
identified or marketed as different makes or models.
(3) The Minister, in making a determination about the model of a
road vehicle, must use as a basis the vehicle’s originally
manufactured specification.
26 Amendment of Register
The Minister may amend the Register:
(a) to correct an error on the Register; or
(b) to include an additional variant of a model of vehicle
included on the Register; or
(c) to restrict the year range of eligibility to road vehicles that
are of a make and model not more than 15 years old; or
(d) to extend the year range of eligibility for road vehicles that
are of a make and model not more than 15 years old; or
(e) for any other reasonable cause in connection with the
administration of the Register.
27 Removal of vehicles from Register

(1) This regulation is made for paragraph 21 (2) (e) of the Act.
(2) The Minister must remove a road vehicle from the Register if
the vehicle is of a make and model that is 15 years old or older.
28 Notice of decisions
(1) This regulation is made for paragraph 21 (2) (g) of the Act.
(2) The Minister must give notice in writing to an applicant of the
Minister’s decision on an application to enter a road vehicle on
the Register.

Regulation 29
(3) If the Minister’s decision is to refuse to enter a road vehicle on

the Register, the Minister must give reasons for the refusal.
29 Review of decisions
(1) This regulation and regulations 30 to 38 are made for
paragraph 21 (2) (h) of the Act.
(2) A person who is given notice under regulation 28 of a decision
to refuse to enter a road vehicle on the Register may apply, in
writing, to the Minister for reconsideration of the decision.
(3) The Minister must reconsider the decision and must make a
decision:
(a) confirming the decision; or
(b) revoking the decision and entering the road vehicle on the
Register.
(4) Before making a decision under subregulation (3), the Minister
may refer the application to the Review Panel established
under regulation 30.
(5) Also, before making a decision the Minister must give to the
applicant a reasonable opportunity to make representations
about the decision.
(6) In making a decision under subregulation (3), the Minister
must take into account:
(a) the recommendations, if any, of the Review Panel; and
(b) any representations made by the applicant.
(7) The Minister must give notice, in writing, to an applicant of the
Minister’s decision on reconsideration.
(8) An application may be made to the Administrative Appeals
Tribunal for review of a decision of the Minister under
paragraph (3) (a).
30 Review Panel
(1) For the purposes of section 21 of the Act, a panel, to be known
as the Review Panel, is established.

Regulation 33
(2) The function of the Panel is to receive and consider

applications for reconsideration referred to it by the Minister
under regulation 29, and to make recommendations to the
Minister about the application.
31 Membership of the Review Panel

The Panel is to have up to 6 members, as follows:
(a) the Administrator of Vehicle Standards, who is to be
chairperson;
(b) a person nominated by the Department of Industry,
Tourism and Resources;
(c) a person nominated by the Federal Chamber of
Automotive Industries;
(d) a person nominated by the Australian Automobile
Association;
(e) at least one person nominated by an industry association
determined by the Minister, being an association whose
members are registered automotive workshops.
32 Term of office of Panel members

(1) A member of the Panel who is nominated holds office for a
term of 2 years from the date of nomination.
(2) A person cannot hold office for more than 3 consecutive terms.
(3) This regulation applies subject to regulation 33.
33 Cessation of office
A person ceases to be a member of the Panel if:
(a) the person resigns as a member by notice in writing to the
Panel; or
(b) the body that nominated the member nominates another
person to be a member in place of the person first
mentioned; or
(c) the Panel resolves to remove the member.

Regulation 34
34 Alternate members
(1) The chairperson may appoint a person who is not a member of
the panel to be the alternate chairperson of the Panel.
(2) A body mentioned in paragraph 31 (b), (c), (d) or (e) may
appoint up to 2 persons who are not members of the Panel to be
available to be the alternate of a member nominated by that
body.
(3) If a member (including the chairperson) is absent from a
meeting of the Panel, the member’s alternate (if any) is entitled
to attend the meeting and, when so attending, is taken to be a
member of the Panel.
(4) If a person appointed by a body mentioned in paragraph 31 (b),
(c), (d) or (e) ceases to hold office as a member:
(a) the person who was the person’s alternate under
subregulation (3) immediately before the person ceased to
hold office; or
(b) in the absence of an alternate under paragraph (a), a
person who was, under subregulation (2), available to be
the alternate of the person who ceased to hold office;
is entitled to attend meetings of the Panel while the office is
vacant and, when so attending, is taken to be a member of the
Panel.
(5) The person described in paragraph (4) (a) or (b) is taken to be
the alternate of a person nominated to the vacant office until a
new alternate is appointed.
35 Quorum
At a meeting of the Panel, a quorum consists of the chairperson
and 2 other members.
36 Meetings
(1) Meetings of the Panel are to be held at the times and places that
the chairperson directs.
(2) The chairperson is to preside at meetings of the Panel at which
he or she is present.

Regulation 38
(3) If the chairperson or chairperson’s alternate is absent from a

meeting, a member nominated by the chairperson or, if no
member is nominated, a member chosen by the members of the
Panel present at the meeting, is to preside.
(4) A question arising at a meeting of the Panel is to be decided by
a majority of the votes of the members present and voting, with
the person presiding at the meeting having a casting vote.
37 Effect of vacancy
The exercise of a power or performance of a function of the
Panel is not affected by any vacancy in the membership of the
Panel.
38 Disclosure of interest
(1) A member of the Panel (including a person taken to be a
member under regulation 34) who has a direct or indirect
pecuniary interest in a matter being considered or about to be
considered at a meeting of the Panel must, as soon as possible
after the relevant facts have come to the member’s knowledge,
disclose the nature of the interest at a meeting of the Panel.
(2) The disclosure is to be recorded in the minutes of the meeting
and the member must not, unless the Panel otherwise
determines:
(a) be present during any deliberation of the Panel about the
matter; or
(b) take part in any decision of the Panel about the matter.
(3) For the purpose of the making of a determination in relation to
the member who has made the disclosure, any member who
has a direct or indirect pecuniary interest in the matter to which
the disclosure relates must not:
(a) be present during any deliberation of the Panel for the
purpose of making the determination; or
(b) take part in the making of the determination by the Panel.

Regulation 39
Part 5 Registered Automotive

Workshops
39 Definitions for Part 5

(1) In this Part:
application signatory, for an applicant, means a person
authorised by the applicant under regulation 41.
nominated delegate, for an applicant, means a person
nominated by the applicant under regulation 46.
registered RVCS participant means a corporation registered as
an RVCS participant under regulation 45.
RVCS, or Road Vehicle Certification System, means the
system of that name, administered by the Department, for the
processing of applications for approval to place plates on
vehicles that are to be first supplied to the market in Australia.
RVCS participant number, for a registered RVCS participant,
means the number assigned to the participant under regulation
45.
sponsor, for an applicant, means a sponsor nominated by the
applicant under regulation 50.
vehicle inspection signatory, for an applicant, means a person
nominated as a vehicle inspection signatory by the applicant
under regulation 49.
(2) For this Part, a person has a key personnel function in an
applicant’s, or sponsor’s, organisation if the person:
(a) is a director, manager or executive officer of the
organisation; or
(b) is a vehicle inspection signatory for the organisation; or
(c) not being a person mentioned in paragraph (a) or (b) —
has, taking into account the nature of his or her functions
and responsibilities in the organisation, management
responsibility for the activities of personnel in the

Registered Automotive Workshops Part 5
Applications for approval and renewal of approval Division 5.2
Regulation 40
automotive workshop for which registration approval is

sought.
Division 5.2 Applications for approval and

renewal of approval
40 Application for approval as a registered automotive

workshop
(1) This regulation is made for subsection 21A (2) of the Act.
(2) An application must be in the approved form.
(3) An application must include at least the following information:
(a) the applicant’s name, trading name and address or
addresses and, if it is incorporated in Australia, its ACN or
the ABN relating to the corporation;
(b) the applicant’s RVCS participant number;
(c) details of the applicant’s corporate structure;
(d) the names of persons having key personnel functions in
the applicant’s organisation;
(e) the names of other officers or shareholders of the applicant
who are in a position to influence the management of the
applicant;
(f) the name, trading name, address and ACN or ABN (if
applicable) of any corporation, partnership or individual
having a legal or beneficial interest in the applicant;
(g) details of any person mentioned in paragraph (d), (e) or (f)
who:
(i) for the purposes of paragraph 21B (1) (a) or (b) of
the Act, is required to be a fit and proper person; or
(ii) for the purposes of the application and approval,
must meet the requirements mentioned in regulation
42;
being details that are relevant for those purposes;
(h) details of any association with another corporation that is a
registered automotive workshop;

Division 5.2 Applications for approval and renewal of approval
Regulation 41
(i) details confirming that the quality management system

mentioned in regulation 48 meets Stage 1 audit
requirements;
(j) details of the sponsor (if any), that are sufficient for the
purposes of subregulation 50 (2).
(4) The application must be:
(a) fully completed; and
(b) signed by the applicant’s nominated delegate, application
signatory (if any) and sponsor (if any).
41 Application signatory
(1) The nominated delegate of a RAW applicant may authorise, in
writing, a person (the application signatory) to act on behalf of
the applicant in making an application and obtaining approval
as a registered automotive workshop.
(2) A person authorised as an application signatory must have a
key personnel function in the applicant’s organisation.
(3) An application signatory has, for the purposes mentioned in
subregulation (1), all the powers and responsibilities of the
nominated delegate under these Regulations.
42 Additional criteria for approval — general

For paragraph 21B (1) (c) of the Act, the following criteria are
prescribed:
(a) the RAW applicant’s application must comply with
regulation 40;
(b) the applicant must not already be:
(i) approved as a registered automotive workshop; or
(ii) an applicant for RAW approval;
(c) the applicant must not, immediately before the proposed
grant of an approval, be associated with a registered
automotive workshop, within the meaning of regulation
43;
(d) the applicant must be a registered RVCS participant;

Regulation 43
(e) the applicant must not be in liquidation or under

administration;
(f) the applicant must have a nominated delegate as required
by regulation 46;
(g) the applicant must have a modification facility as required
by regulation 47;
(h) the applicant must have a quality management system as
required by regulation 48;
(i) the applicant must have vehicle inspection signatories as
required by regulation 49;
(j) a person who has a key personnel function in the
applicant’s organisation must not be under the age of 18
years or, in the case of a director, manager, nominated
delegate or other officer of the organisation, an
undischarged bankrupt;
(k) a person who has a key personnel function in the
applicant’s organisation and who is not a person
mentioned in paragraph 21B (1) (b) of the Act, must be a
fit and proper person;
(l) a person who has a key personnel function in the
applicant’s organisation must not have a key personnel
function in an automotive workshop that:
(i) is not the applicant’s automotive workshop; and
(ii) is a registered automotive workshop;
(m) if the applicant is not incorporated in Australia, the
applicant must have a sponsor that meets the requirements
of regulation 50.
Note Other criteria are specified in paragraphs 21B (1) (a) and (b) of the
Act and in regulation 51, which sets out the requirements for the
importation, testing and inspection of a vehicle for the purposes of the
application.
43 Association with registered automotive workshop

(1) For paragraph 42 (c), a RAW applicant is associated with a
registered automotive workshop if, at the relevant time, 1 or
more of the following criteria is satisfied:

Regulation 44
(a) a director, officer or shareholder of the applicant holds

more than 5% of the shares in the registered automotive
workshop;
(b) the applicant is acting, or proposes to act, in concert with
the registered automotive workshop in respect of the
import, plating and supply of used imported vehicles to the
market;
(c) the applicant is able to control, or influence materially, the
activities or internal affairs of the registered automotive
workshop;
(d) the applicant has a financial interest in the success or
failure of the registered automotive workshop;
(e) the applicant acts as an agent for the registered automotive
workshop.
(2) In subregulation (1):
registered automotive workshop includes a corporation in
respect of which an approval has been granted under section
21B of the Act but is not yet in force.
44 Application for registration for RVCS

(1) For paragraph 42 (d), a corporation may apply to be registered
as a participant in the RVCS.
(2) An application under subregulation (1) must be in the approved
form.
(3) The application must include:
(a) the name, trading name, and address or addresses of the
applicant and, if it is incorporated in Australia, its ACN or
the ABN relating to the corporation; and
(b) the name and other relevant contact details of the
applicant’s nominated delegate, application signatory (if
any) and sponsor (if any).
(4) The application must be:
(a) fully completed; and
(b) signed by the applicant’s nominated delegate, application
signatory (if any) and sponsor (if any).

Regulation 47
45 Registration for RVCS

(1) On receipt of an application under regulation 44, the Minister
must:
(a) if the application complies with that regulation — register
the applicant as an RVCS participant; or
(b) if the application does not so comply — refuse to register
the applicant.
(2) The Minister must tell the applicant (or, if the applicant has
nominated a sponsor, the applicant’s sponsor) in writing, of the
Minister’s decision under subregulation (1) and, if the decision
is to refuse registration, give reasons for the decision.
(3) The Minister must assign a distinguishing number to a
registered RVCS participant.
46 Nominated delegate
(1) For paragraph 42 (f), a RAW applicant must nominate as a
delegate a person who has a key personnel function in the
applicant’s organisation.
(2) The nominated delegate is responsible for ensuring that the
applicant complies with the provisions of the Act, these
Regulations and the conditions of the applicant’s RAW
approval.
(3) Subregulation (2) does not apply if the applicant has a sponsor.
Note An applicant not incorporated in Australia must have a sponsor who
is to be responsible for ensuring that the applicant complies with the RAW
approval — see regulation 50.
47 Modification facility
(1) For paragraph 42 (g), a RAW applicant must have a
modification facility as part of the automotive workshop for
which registration approval is sought.
(2) The modification facility must have such equipment and
trained personnel as are necessary to ensure that used imported
vehicles meet the requirements set out in guidelines determined
under subsection 13D (3) of the Act.

Regulation 48
(3) If the RAW applicant has, in its schedule of approved vehicles,

road vehicles other than two-wheeled and three-wheeled
vehicles only, the equipment at the automotive workshop
address must include a vehicle hoist that:
(a) is adequate for the inspection of vehicles for damage,
corrosion and damage repair; and
(b) has sufficient capacity to lift the heaviest vehicle variant
on the applicant’s schedule of approved vehicles.
(4) However, for road vehicles in the NB, NC, MD3, MD4 and
ME vehicle categories, the equipment may include, instead of a
hoist, pits or ramps that are adequate for the inspection
mentioned in paragraph (3) (a).
(5) The equipment at the automotive workshop address must
include lighting that is adequate for an inspection mentioned in
paragraph (3) (a).
48 Quality management system

(1) For paragraph 42 (h), a RAW applicant must have a quality
management system that meets standard ISO 9001:2000
(taking into account any transitional arrangements mentioned
in that standard).
(2) The quality management system must have a certification
issued by a certification body accredited for the purpose by
JAS-ANZ.
(3) The scope of the certification must be in accordance with the
requirements set out in Procedure Number 24.
ISO 9001:2000 means the international standard known as ISO
9001:2000 Quality Management Systems-Requirements
published by the International Organisation for
Standardisation, as in force at the commencement of this
regulation.

Regulation 50
49 Vehicle inspection signatories

(1) For paragraph 42 (i), a RAW applicant must nominate at least
one person to be a vehicle inspection signatory for the
workshop in respect of which registration approval is sought.
(2) A vehicle inspection signatory must:
(a) be an officer or employee of the applicant, or engaged on
contract; and
(b) have the knowledge and qualifications mentioned in
subregulation (3).
(3) For paragraph (2) (b), a vehicle inspection signatory:
(a) must have a thorough understanding of the Act, these
Regulations, determinations made under the Act and
administrative guidelines issued by the Department in
connection with the operation of registered automotive
workshops; and
(b) must have an appropriate knowledge of the Australian
Design Rules; and
(c) must:
(i) have a certificate III in Automotive, a certificate IV
in Automotive or a diploma in Automotive as
developed by Automotive Training Australia
Limited and endorsed by the Australian National
Training Authority, or an equivalent qualification; or
(ii) be a member of the Institution of Engineers
Australia in either the Professional Engineer or
Engineering Technologist category; or
(iii) be a member of the Society of Automotive
Engineers Australasia at the Technician, Advanced
Technician, Associate Member, Member or Fellow
grade.
50 Sponsor for overseas applicants

(1) For paragraph 42 (k), an applicant that is not incorporated in
Australia must nominate a corporation incorporated in
Australia as the applicant’s sponsor.

Regulation 51
(2) The sponsor:

(a) must not be in liquidation or under administration; and
(b) must satisfy the requirements of paragraphs 21B (1) (a)
and (b) of the Act as if it were the applicant.
(3) The sponsor must not be the sponsor of another:
(a) registered automotive workshop; or
(b) applicant for RAW approval.
(4) A person having a key personnel function in the sponsor’s
organisation must not be under the age of 18 years or, in the
case of a director, manager or other officer of the organisation,
an undischarged bankrupt.
(5) The sponsor is responsible for ensuring that the applicant
complies with the provisions of the Act, these Regulations and
the conditions of the applicant’s RAW approval.
51 Additional criteria for approval — import time limits

and inspection
(1) For paragraph 21B (1) (c) of the Act, the criteria set out in
subregulations (4), (5), (8) and (10) are prescribed.
(2) If the Minister is satisfied that the applicant meets the criteria
in paragraphs 21B (1) (a) and (b) of the Act, and in regulation
42, the Minister must, in writing:
(a) notify the applicant of that fact; and
(b) request the applicant to make an application in accordance
with subregulation (4).
(3) Subject to subsections 21A (3) and (4) of the Act, a notice must
be given within 21 days after receipt by the Minister of the
application for RAW approval.
(4) The applicant must, within 3 months from the date of a notice
given under subregulation (2), apply to the Minister for an
approval to import:
(a) if the applicant’s application for approval is solely in
respect of used imported vehicles that are two-wheeled or
three-wheeled vehicles — a two-wheeled or three-wheeled
vehicle that is not a new vehicle; or

Regulation 51
(b) in any other case — a road vehicle of a make and model

that is entered on the Register of Specialist and Enthusiast
Vehicles.
(5) The applicant must, within 12 months from the date of the
notice given under subregulation (2), provide to the Minister:
(a) a vehicle inspection certificate for the vehicle mentioned
in subregulation (4); and
(b) confirmation that a Stage 2 audit of the automotive
workshop has been completed.
(6) If the Minister is satisfied that the vehicle inspection certificate
has been completed in accordance with any requirements
determined under subsection 13D (2) of the Act, the Minister
must, within 10 working days, tell the applicant, in writing, that
an inspection will be carried out under subregulation (7).
(7) An inspector must carry out an inspection at the applicant’s
workshop premises to:
(a) inspect the vehicle described in the vehicle inspection
certificate for compliance with requirements set out in
guidelines determined under subsection 13D (3) of the
Act; and
(b) examine any supporting evidence held by the applicant
that demonstrates that the make and model of vehicle
described in the vehicle inspection certificate complies
with those requirements; and
(c) examine any or all of the applicant’s records to be kept in
accordance with procedures determined under section 9 of
the Act.
(8) The vehicle as inspected must meet the requirements set out in
guidelines determined under subsection 13D (3) of the Act.
(9) If the vehicle meets the requirements mentioned in
subregulation (8), the Minister must notify the nominated
certification body of that fact.
(10) The applicant must notify the Minister of the ISO certificate
number issued by the nominated certification body within
30 days after being informed of the number.

Regulation 52

nominated certification body means a JAS-ANZ certification
body nominated by the applicant for the purposes of the
applicant’s RAW approval.
Note The criteria for approval as a registered automotive workshop set out
in this regulation are in addition to those set out in paragraphs 21B (1) (a)
and (b) of the Act and regulation 42. Notice of approval of registration will
be given after all the requirements in this regulation are met by the
applicant.
52 Approval a matter of public record

A RAW approval must specify that the approval (including the
schedule of approved vehicles) is a matter of public record.
52A Schedule of approved vehicles

(1) If the Minister approves a corporation as a registered
automotive workshop, the schedule of approved vehicles for
the workshop, at the date on which the approval is granted, is
taken to include:
(a) in relation to road vehicles other than unrestricted volume
two-wheeled and three-wheeled vehicles — the vehicle
make and model of any sample vehicle for the
corporation; and
(b) in relation to unrestricted volume two-wheeled and three-
wheeled vehicles:
(i) the make and model of any vehicle for which the
registered automotive workshop held a transitional
approval on 7 May 2003; and
(ii) the make and model of any sample vehicle for the
corporation that is of a different make or model from
a vehicle mentioned in subparagraph (i).
(2) If:
(a) a corporation is granted an approval as a registered
automotive workshop (a new RAW approval); and
(b) the application for approval was made within the period of
6 months after a previous RAW approval granted to that
corporation (the previous RAW approval) ceased to be in
force;

Regulation 53
the schedule of approved vehicles for the workshop is taken, on

the day on which the new RAW approval is granted, to be the
schedule of approved vehicles for the workshop as it existed on
the day on which the previous RAW approval ceased to have
effect.
sample vehicle, for a corporation, means:
(a) the first vehicle of a make and model approved by the
Minister for importation by the corporation:
(i) under subparagraph 18 (1) (b) (ii); or
(ii) if the approval to import was given before
1 April 2002 — under regulation 9B or 9E or
paragraph 9G (a) as in force immediately before that
date; or
(iii) if the approval to import was given on or after
1 April 2002 but before 8 May 2003 — under
regulation 11 as in force immediately before 8 May
2003; or
(b) a vehicle approved by the Minister for importation by the
corporation under paragraph 18 (2) (c).
53 Disposal of vehicles where approval refused

(1) If the Minister refuses to grant a RAW approval, the Minister
may give a written direction to the applicant to dispose of any
road vehicle imported for the purpose of the application in the
manner, and within the reasonable time, specified in the
direction.
(2) A person commits an offence if:
(a) the person is subject to a direction given under
subregulation (1); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the direction.
Penalty: 10 penalty units.
(3) In paragraph (2) (a), strict liability applies to the physical
element of circumstance, that the direction was given under
subregulation (1).

Regulation 54
Note For strict liability, see section 6.1 of the Criminal Code.
(4) In subregulation (2):

engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
54 Application to renew approval

(1) This regulation is made for subsection 21C (3) of the Act.
(2) An application for renewal of an approval must be in the
approved form.
55 Purpose of Division 5.3

The regulations in this Division:
(a) are made for paragraph 21D (1) (a) of the Act; and
(b) prescribe conditions of an approval, under section 21B of
the Act, as a registered automotive workshop.
Note The conditions set out in this Division are in addition to any
conditions specified in the approval — see paragraph 21D (1) (b) of the Act.
57 Conditions of a RAW approval

The following are conditions of a RAW approval:
(a) that the registered automotive workshop allows the
Minister access to the workshop premises (including its
main office) at any reasonable time and on reasonable
notice for the purposes of audit, inspection and the testing
of vehicles;
(b) that if the main office is not at the workshop, the
registered automotive workshop allows the Minister
access to the main office premises at any reasonable time
and on reasonable notice for the purposes of an audit
relating to the RAW approval;

Conditions of approval Division 5.3
Regulation 57
(c) that the registered automotive workshop ensures, as far as

possible, that persons and organisations that provide goods
or services to the workshop for the purposes of vehicle
modification allow the Minister to have access to their
premises for the purposes of audit, inspection and the
testing of vehicles in relation to the activities of the
workshop;
(d) that the registered automotive workshop gives to the
Minister, on written request and within the reasonable
time specified in the request, any information that the
Minister reasonably requires for the purposes of deciding
whether the workshop is complying with the Act, these
Regulations and the conditions of its RAW approval;
(e) that the registered automotive workshop tells the Minister,
in writing, of any change in information held by the
Minister about it within 30 days of the change, including,
in particular:
(i) changes in key personnel of the workshop; or
(ii) significant changes in the control of the workshop;
(f) that the registered automotive workshop retains for at least
10 years all information relating to the purchase, import,
modification, testing, inspection, and supply to the market
(including, in particular, the information produced to
demonstrate compliance with the requirements of
guidelines determined under subsection 13D (3) of the
Act) of a vehicle on which the workshop has placed a used
import plate;
(g) that if the registered automotive workshop ceases to
operate as a registered automotive workshop, the
workshop tells the Minister in writing as soon as
practicable;
(h) that to every vehicle on which the registered automotive
workshop places a used import plate, it attaches a
consumer information notice in accordance with
regulation 58;
(i) that the registered automotive workshop must not place a
used import plate on a vehicle whose structural integrity
has ever been reduced by corrosion or crash damage;

Regulation 58
(j) that before beginning modification of a vehicle the

registered automotive workshop inspects it for crash
damage, corrosion, and repair of crash damage or
corrosion;
(k) that if a vehicle’s structural integrity has been reduced by
crash damage or corrosion, the registered automotive
workshop exports or destroys the vehicle;
(l) that vehicle inspections for the purposes of these
Regulations (other than inspections carried out on behalf
of the Minister) are carried out only by a vehicle
inspection signatory of the registered automotive
workshop;
(m) that with the following exceptions all assembly operations
on a vehicle on which a used import plate will be placed
are carried out by directors or employees of the registered
automotive workshop:
(i) tyre removal and fitting;
(ii) exhaust system replacement;
(iii) replacement of glazing.
58 Consumer information notice

(1) For paragraph 57 (h), a consumer information notice to be
attached to a vehicle by a registered automotive workshop must
be in the form in Schedule 1.
(2) The notice must be of a material in a white colour with non-
variable information printed in a dark colour and variable
information printed or legibly hand-written in a dark colour.
(3) The notice must be signed by a vehicle inspection signatory for
the workshop.
(4) The notice must be attached to the vehicle in a location where
the notice can be seen, and easily read, from outside the
vehicle.

Variation of an approval Division 5.4
Regulation 59
Division 5.4 Variation of an approval
59 Variation of a RAW approval

(1) This regulation is made for subsection 21E (2) of the Act.
(2) An application by a registered automotive workshop to vary its
RAW approval must be made in the approved form.
Examples
The following are examples of variations of a RAW approval:
• adding a make or model of vehicle to a registered automotive
workshop’s schedule of approved vehicles
• changing the details of a make or model of vehicle on the workshop’s
schedule of approved vehicles.

Regulation 60
60 Fees
(1) There is payable to the Commonwealth, in respect of a matter
specified in an item in Schedule 2, the fee specified in that
item.
(2) Subject to subregulation 61 (1), a fee for an application is
payable at the time of making the application.
(3) A fee for an inspection or for advice is payable at the time of
requesting the inspection or advice.
(4) Subject to subregulation 61 (4), a fee for renewal of a RAW
approval is payable on or before the day on which the approval
ceases to be in force.
(5) If an application for a RAW approval is refused or withdrawn
at any time before, or immediately after, the expiry of the
period mentioned in subregulation 51 (4), the applicant is
entitled to a refund of the fee paid less $500.
61 Payment of certain fees by instalments

(1) The fee payable for an application for a RAW approval (motor
vehicles) may be paid by 2 instalments (each of half the full
amount payable) as follows:
(a) 1 instalment on or before making the application;
(b) 1 instalment on or before the first anniversary of the
approval’s being granted.
(2) If the first instalment of an application fee is paid in
accordance with subregulation (1), but the application is not
approved, the second instalment is not payable.
(3) If the instalment mentioned in paragraph (1) (b) is not paid on
or before the day it becomes payable, and the approval has
been granted, the approval ceases to be in force on that day.

Miscellaneous Part 6
Regulation 62
(4) The fee payable to renew a RAW approval (motor vehicles)

may be paid by 2 instalments (each of half the full amount
payable) as follows:
(a) 1 instalment on or before the day referred to in
subregulation 60 (4);
(b) 1 instalment on the first anniversary of that day.
(5) If an instalment mentioned in paragraph (4) (b) is not paid on
or before the day it is due, the approval ceases to be in force on
that day.
RAW approval (motor vehicles) means a RAW approval in
respect of which the schedule of approved vehicles includes
vehicles other than two-wheeled and three-wheeled vehicles.
62 Delegation by Minister
The Minister may by signed instrument delegate to the
Administrator, or to an SES employee in the Department, all or
any of the Minister’s functions or powers under these
Regulations.

Schedule 1 Contents of consumer information notice
Schedule 1 Contents of consumer

information notice
(regulation 58)
CONSUMER INFORMATION
Document Reference: [insert a reference unique to the vehicle]
This vehicle complies with the Motor Vehicle Standards Act 1989 and is
fitted with a used import plate under the Registered Automotive
Workshop Scheme (RAWS) administered by the Federal Department of
Transport and Regional Services.
It has been imported from another country as a used vehicle. The vehicle
may not comply with the Australian Design Rules (ADRs) that apply to
new vehicles.
Service and replacement parts for this vehicle may not be available from
a recognised franchised dealer for this make of vehicle.
At the time the used import plate was fitted, this vehicle had the
following:
[In the case where seat belts are fitted to the vehicle, insert] Seat belts
that are securely fixed, functioning and in good condition
[In the case where windscreen wipers are fitted to the vehicle, insert]
New windscreen wiper blades
New tyres, other than any spare tyre
[In the case where evidence to ADR 30/…or an earlier version, and/or
ADR 70/… or an earlier version is held by the registered automotive
workshop for this vehicle, insert] The engine serviced to the
manufacturer’s specifications including a new air filter and fuel filter

Contents of consumer information notice Schedule 1
[In the case where new brake pads/linings are fitted to the vehicle, insert]
New brake pads/linings
Brake fluid replaced
[In the case where evidence to ADR 36/… or an earlier version, or ADR
37/… or an earlier version is held by the registered automotive workshop
for this vehicle, insert] The engine management system serviced to the
manufacturer’s specifications including a new air filter, fuel filter and
charcoal canister
[In the case where evidence to ADR 36/… or an earlier version, or ADR
37/… or an earlier version is held by the registered automotive workshop
for this vehicle, and it requires a catalytic converter on this vehicle to be
replaced, insert] A new catalytic converter
[In the case where evidence to ADR 4/… or an earlier version, ADR
34/… or an earlier version, ADR 36/… or an earlier version, ADR 37/…
or an earlier version, or ADR 71/… or an earlier version is held by the
registered automotive workshop for this vehicle, insert all applicable
parts of] An owner’s manual (vehicle handbook) giving information on
seat belts, child restraints, starting, driving and maintenance of the
emission system and Temporary Use Spare Tyre
Make [insert Make as Used import [insert location of
per vehicle plate location used import plate]
schedule]
Model [insert Model as Date fitted [insert date on
per vehicle which plate was
schedule] fitted]

Schedule 1 Contents of consumer information notice
VIN RAWS [insert name of

[insert 17 digit VIN]
Workshop registered
automotive
workshop]
Engine [insert engine Addres [insert address of

number
number] s registered automotive
workshop]
Build [insert
month/year:
month/year of
original build
date]
Odometer [insert odometer

reading (km)
reading]
Date of [insert date as per

importation
import approval]
Country of first [insert the country Telephone [insert telephone

registration
of first number of registered
registration] automotive workshop]

Contents of consumer information notice Schedule 1
ADR Number Description of Part Number(s)

modification
[insert a brief description of any modification undertaken to meet the ADR

requirements of a Determination under subsection 13D (3) of the Motor
Vehicle Standards Act 1989. The description must be sufficient to identify the
modification on inspection of the vehicle. Part numbers must be listed where
these are able to be confirmed on the vehicle. It is not necessary to list any
item that is only a check or confirmation, any drawing numbers, work
procedure references etc or any part that is simply replacing an original part
with the same part due to wear or damage. If necessary, the table may be
continued on the reverse side of the same page]
Additional modifications may be printed on the other side of this page.
Vehicle Inspection Signatory [insert name and signature of Vehicle

Inspection Signatory]
Date [insert date the consumer information notice was completed]
Note The term ‘ADR XX/…’ is defined in Subpart 1 of the Australian

Design Rules for Motor Vehicles and Trailers as indicating the latest
version of the rule. Using the structure ‘ADR XX/…or an earlier version’
in this consumer information notice is intended to cover all versions of the
rule.

Schedule 2 Fees
Schedule 2 Fees
(regulation 60)
Item Matter Fee ($)
1 Placing an identification plate on a road motor vehicle of 7.50

a particular type (other than a two-wheeled or three-
wheeled vehicle), except a used imported vehicle for
which an approval to place a used import plate is granted
under subsection 13D (1) of the Act — for each vehicle
2 Placing an identification plate on a two-wheeled or 3.75
three-wheeled vehicle — for each vehicle
3 Lodging an application to import a road vehicle or 50.00
vehicles — for each application
4 Lodging an application for authority to place an 500.00
identification plate on a road vehicle of a particular type
if not more than 100 vehicles or derivatives of that type
have identification plates placed on them in a 12 month
period
6 For a road trailer:
(a) placing an identification plate on a road trailer of a 28.10
particular type within the meaning of subsection
10A (1) of the Act
(b) lodging an application for an authority to place an 95.20
identification plate on any other road trailer
7 Lodging:
(a) an application for an authority to place an 99.00
identification plate on a road trailer of a particular
type within the meaning of subsection 10A (1) of
the Act
(b) an application for the variation of an authority of a 33.00
type referred to in paragraph (a)
8 Lodging:
(a) an application under subregulation 4 (1) for an 258.00
approval under subregulation 4 (2) in relation to
the subassembly of a road trailer

Fees Schedule 2
Item Matter Fee ($)

(b) an application under subregulation 4 (4) for the 133.00
variation of an approval under subregulation 4 (2)
in relation to the subassembly of a road trailer
9 Application for approval to place a used import plate:
(a) on a road vehicle other than a two-wheeled or 115.00
three-wheeled vehicle
(b) on a two-wheeled or three-wheeled vehicle 3.75
10 Application for RAW approval:
(a) for road vehicles including two-wheeled or 4 000.00
three-wheeled vehicles
(b) for two-wheeled or three-wheeled vehicles only 1 000.00
11 Renewal of RAW approval:
(a) for road vehicles including two-wheeled or 4 000.00
three-wheeled vehicles
(b) for two-wheeled or three-wheeled vehicles only 1 000.00
12 Application to vary the model or models specified in a
schedule of approved vehicles:
(a) for a model of road vehicle other than a 1 500.00
two-wheeled or three-wheeled vehicle
(b) for a model of a two-wheeled or three-wheeled 1 300.00
vehicle
13 Provision of advice in relation to a registered automotive
workshop:
(a) at premises of the workshop:
(i) for the first 4 hours, or any part of the first 300.00
4 hours, during which advice is provided on
any day
(ii) for each subsequent hour, or part of an hour, 75.00
during which advice is provided on that day
(b) at premises of the Department:
(i) for the first 4 hours, or any part of the first 100.00
4 hours, during which advice is provided on
any day
(ii) for each subsequent hour, or part of an hour, 25.00
during which advice is provided on that day

Schedule 2 Fees
Item Matter Fee ($)

14 Re-inspection of a registered automotive workshop after 500.00
an unsatisfactory inspection
15 Application to upgrade a RAW approval from registered
automotive workshop (two-wheeled and three-wheeled
vehicles) to registered automotive workshop (motor
vehicles):
(a) for a registered automotive workshop that has paid 3 000
the fee specified in paragraph (b) of item 10 or 11
at the time of application for, or renewal of, the
RAW approval respectively, and if applying for
the upgrade on or before the first anniversary of
the approval or renewal
(b) in any other case 1 500.00

Notes to the Motor Vehicle Standards Regulations 1989
Table of Statutory Rules
Notes to the Motor Vehicle Standards

Regulations 1989
Note 1
The Motor Vehicle Standards Regulations 1989 (in force under the
Motor Vehicle Standards Act 1989) as shown in this compilation
comprise Statutory Rules 1989 No. 202 amended as indicated in the
Tables below.
For all relevant information pertaining to application, saving or
transitional provisions see Table A.
Table of Statutory Rules
Year and Date of Date of Application,

number notification commencement saving or
in Gazette transitional
provisions
1989 No. 202 31 July 1989 1 Aug 1989
1991 No. 66 17 Apr 1991 17 Apr 1991 –
1991 No. 330 29 Oct 1991 1 Nov 1991 –
1992 No. 222 30 June 1992 1 July 1992 –
1994 No. 23 18 Feb 1994 1 Mar 1994 –
2000 No. 194 25 July 2000 25 July 2000 R. 4
2001 No. 350 21 Dec 2001 1 Apr 2002 (see r. 2) —
2003 No. 84 8 May 2003 8 May 2003 —
2004 No. 35 18 Mar 2004 18 Mar 2004 —

Table of Amendments
Table of Amendments
The amendment history of the Motor Vehicle Standards Regulations

1989 after renumbering by the Motor Vehicle Standards Amendment
Regulations 2001 (No. 1) (2001 No. 350) appears in the Table below. For
repealed provisions see the Repeal Table.
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected

Part 1
Heading to Part 1 ................ ad. 2001 No. 350
R. 1 ..................................... rs. 2000 No. 194
R. 3 ..................................... am. 2001 No. 350; 2003 No. 84
Part 2
R. 4 ..................................... am. 2001 No. 350
Part 3
R. 5 ..................................... am. 1991 No. 66; 1992 No. 222
rs. 2001 No. 350; 2003 No. 84
R. 6 ..................................... rs. 2001 No. 350
Part 4
Division 4.1
Heading to Div. 4.1............. ad. 2001 No. 350
of Part 4
R. 7 ..................................... rs. 2001 No. 350
R. 8 ..................................... rs. 2001 No. 350
Heading to r. 9 .................... rs. 2001 No. 350
R. 9 ..................................... am. 1991 No. 66
rs. 1992 No. 222
am. 2001 No. 350
Heading to r. 10 .................. rs. 2001 No. 350
R. 10 ................................... ad. 1992 No. 222
am. 2001 No. 350
Heading to r. 11 .................. rs. 2001 No. 350
R. 11 ................................... ad. 1992 No. 222
am. 2001 No. 350

Table of Amendments

Heading to r. 12 .................. rs. 2001 No. 350
R. 12 ................................... ad. 1992 No. 222
am. 2001 No. 350
Heading to r. 13 .................. rs. 2001 No. 350
R. 13 ................................... ad. 1992 No. 222
am. 2000 No.194; 2001 No. 350
R. 14 ................................... ad. 1992 No. 222
rs. 2001 No. 350
R. 15 ................................... ad. 2001 No. 350
R. 16 ................................... ad. 2001 No. 350
Heading to r. 17 .................. rs. 2001 No. 350
R. 17 ................................... ad. 1992 No. 222
am. 2001 No. 350
Heading to r. 18 .................. rs. 2001 No. 350
R. 18 ................................... ad. 1992 No. 222
am. 2001 No. 350
R. 19 ................................... ad. 1992 No. 222
am. 2000 No. 194; 2001 No. 350
R. 20 ................................... am. 2001 No. 350
R. 21 ................................... am. 2001 No. 350
R. 21A ................................. ad. 2004 No. 35
Division 4.2
Heading to Div. 4.2.............. ad. 2001 No. 350
of Part 4
R. 22 ................................... rs. 2001 No. 350
R. 23 ................................... ad. 2001 No. 350
R. 24 ................................... ad. 2001 No. 350
R. 25 ................................... ad. 2001 No. 350
R. 26 ................................... ad. 2001 No. 350
R. 27 ................................... ad. 2001 No. 350
R. 28 ................................... ad. 2001 No. 350
R. 29 ................................... ad. 2001 No. 350
R. 30 ................................... ad. 2001 No. 350
R. 31 ................................... ad. 2001 No. 350
R. 32 ................................... ad. 2001 No. 350
R. 33 ................................... ad. 2001 No. 350
R. 34 ................................... ad. 2001 No. 350
R. 35 ................................... ad. 2001 No. 350
R. 36 ................................... ad. 2001 No. 350

Table of Amendments

R. 37 ................................... ad. 2001 No. 350
R. 38 ................................... ad. 2001 No. 350
Part 5
Part 5 .................................. ad. 2001 No. 350
Division 5.1
R. 39 ................................... ad. 2001 No. 350
Division 5.2
R. 40 ................................... ad. 2001 No. 350
R. 41 ................................... ad. 2001 No. 350
R. 42 ................................... ad. 2001 No. 350
R. 43 ................................... ad. 2001 No. 350
R. 44 ................................... ad. 2001 No. 350
R. 45 ................................... ad. 2001 No. 350
R. 46 ................................... ad. 2001 No. 350
R. 47 ................................... ad. 2001 No. 350
R. 48 ................................... ad. 2001 No. 350
R. 49 ................................... ad. 2001 No. 350
R. 50 ................................... ad. 2001 No. 350
R. 51 ................................... ad. 2001 No. 350
R. 52 ................................... ad. 2001 No. 350
R. 52A ................................. ad. 2003 No. 84
am. 2004 No. 35
R. 53 ................................... ad. 2001 No. 350
R. 54 ................................... ad. 2001 No. 350
Division 5.3
R. 55 ................................... ad. 2001 No. 350
R. 56 ................................... ad. 2001 No. 350
rep. 2003 No. 84
Heading to r. 57 .................. rs. 2003 No. 84
R. 57 ................................... ad. 2001 No. 350
R. 58 ................................... ad. 2001 No. 350
Part 6
Heading to Part 6 ............... ad. 2001 No. 350
R. 60 ................................... rs. 2001 No. 350
R. 61 ................................... ad. 2001 No. 350
R. 62 ................................... am. 2001 No. 350
R. 63 ................................... am. 1991 No. 66
rep. 2003 No. 84
R. 64 ................................... ad. 2001 No. 350
rep. 2003 No. 84

Table of Amendments

R. 65 ................................... ad. 2001 No. 350
rep. 2003 No. 84
Schedule 1
Schedule 1 .......................... rs. 1991 No. 66
(formerly Schedule) am. 1991 No. 350; 1994 No. 23
rs. 2001 No. 350
am. 2003 No. 84
Schedule 2
Schedule 2 .......................... ad. 2001 No. 350
am. 2004 No. 35
Schedule 3 .......................... ad. 2001 No. 350
rep. 2003 No. 84

Repeal Table
Repeal Table
Certain provisions of the Motor Vehicle Standards Regulations 1989, as

amended, were repealed prior to renumbering by the Motor Vehicle
Standards Amendment Regulations 2001 (No. 1) (2001 No. 350) or by
that Regulation. The amendment history of the repealed provisions
appears in the Table below.

R. 4 ..................................... rep. 1991 No. 66
R. 9H................................... ad. 1992 No. 222
rep. 2000 No. 194

Table A
Table A Application, saving or transitional

provisions
Statutory Rules 2000 No. 194
4 Transitional — approvals to import nonstandard

vehicles for dismantling
(1) Regulation 9H of the Motor Vehicle Standards Regulations, as
in force immediately before the commencement of these
Regulations, continues to apply to an application to import a
nonstandard road vehicle if:
(a) the application was made before 8 May 2000; or
(b) the application was not made before 8 May 2000, but the
vehicle was owned by the applicant before 8 May 2000
and the application is made before 8 August 2000.
(2) Regulation 9I of the Motor Vehicle Standards Regulations, as
in force immediately before the commencement of these
Regulations, continues to apply to an approval given under
regulation 9H of those Regulations, whether or not the
approval was given before the commencement of these
Regulations.

Renumbering Table
Renumbering Table
Table showing new Part, Division, Subdivision and Regulation numbers

of the Motor Vehicle Standards Regulations 1989 after renumbering by
the Motor Vehicle Standards Amendment Regulations 2001 (No. 1) (2001
No. 350).
Note This Table does not form part of the Motor Vehicle Standards Regulations 1989
and is printed for convenience of reference only.
Old Number New Number Old Number New Number
Part 1 9I 19
Regulation Regulation 10 20
1 1 11 21
2 2 Division 4.2
3 3 13 22
Part 2 13A 23
4 (12) 4 13B 24
Part 3 13C 25
5 5 13D 26
6 6 13E 27
Part 4 13F 28
Division 4.1 13G 29
7 7 13H 30
8 8 13I 31
9 9 13J 32
9A 10 13K 33
9B 11 13L 34
9C 12 13M 35
9D 13 13N 36
9E 14 13O 37
9EA 15 13P 38
9EB 16 Part 5
9F 17 Division 5.1
9G 18 13Q 39

Renumbering Table
Old Number New Number Old Number New Number
Division 5.2 Division 5.3

13R 40 13ZD 55
13RA 41 13ZE 56
13S 42 13ZF 57
13SA 43 13ZG 58
13T 44 Division 5.4
13U 45 13ZH 59
13V 46 Part 6
13W 47 14 60
13X 48 14A 61
13Y 49 15 62
13Z 50 16 63
13ZA 51 17 64
13ZAA 52 18 65
13ZB 53
13ZC 54

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Motor Vehicle Standards

made under the

Motor Vehicle Standards Act 1989

This compilation was prepared on 18 March 2004

Prepared by the Office of Legislative Drafting,

Part 2 National standards

Part 3 Certification and approval

Part 4 Supply and importation of vehicles

Division 4.1 General

2 Motor Vehicle Standards Regulations 1989

Division 4.2 Register of Specialist and Enthusiast Vehicles

Part 5 Registered Automotive Workshops

Division 5.1 Definitions for Part 5

Motor Vehicle Standards Regulations 1989 3

Division 5.3 Conditions of approval

Division 5.4 Variation of an approval

4 Motor Vehicle Standards Regulations 1989

1 Name of Regulations [see Note 1]

Motor Vehicle Standards Regulations 1989 5

MVS Amendment Act means the Motor Vehicle Standards

6 Motor Vehicle Standards Regulations 1989

vehicles categories in Subpart 2 — Vehicle Categories in the

Motor Vehicle Standards Regulations 1989 7

Part 2 National standards

4 Approval of certain vehicles, components etc as

8 Motor Vehicle Standards Regulations 1989

Part 3 Certification and approval

5 Applications for approval to place a used import

6 Number limits on placement of used import plates

Motor Vehicle Standards Regulations 1989 9

Note No number limit is imposed on the placement by a registered

10 Motor Vehicle Standards Regulations 1989

Part 4 Supply and importation of

Division 4.1 General

7 Supply of used imported vehicles — vehicles with

8 Supply of used imported vehicles — application for

9 Approval to import vehicles without identification

10 Applications for approval to import vehicles without

Motor Vehicle Standards Regulations 1989 11

11 Minister’s approval to import vehicles without

12 Approval to import complying vehicle without an

13 Approval to import vehicle without an identification

12 Motor Vehicle Standards Regulations 1989

(ii) for a vehicle to which subparagraph (i) does not

14 Approval to import vehicles of a type for which

15 Approval for registered automotive workshop to

Motor Vehicle Standards Regulations 1989 13

(c) the make and model of the vehicle is included in the

16 Approval for registered automotive workshop to

17 Approval to import vehicles of a certain age without

14 Motor Vehicle Standards Regulations 1989

18 Approval to import vehicles without identification

Motor Vehicle Standards Regulations 1989 15

(c) for an applicant that is a registered automotive workshop,

19 Revocation of approval to import

20 Nonstandard road vehicles — prescribed

16 Motor Vehicle Standards Regulations 1989

relating to safety or emissions or to the placing of an

21 Road trailers not exceeding 4.5 tonnes — prescribed

21A Nonstandard road vehicles — prescribed