Legislation, In force, Commonwealth
Commonwealth: Road Vehicle Standards Act 2018 (Cth)
An Act to provide for the regulation of road vehicles and road vehicle components, to set national road vehicle standards, and for other purposes Part 1—Introduction Division 1—Preliminary 1 Short title This Act is the Road Vehicle Standards Act 2018.
          Road Vehicle Standards Act 2018
No. 163, 2018
Compilation No. 3
Compilation date: 1 January 2025
                Includes amendments: Act No. 35, 2024
About this compilation
This compilation
This is a compilation of the Road Vehicle Standards Act 2018 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
Division 2—Objects of this Act
3 Objects of this Act
Division 3—Simplified outline of this Act
4 Simplified outline of this Act
Division 4—Definitions
5 Definitions
6 Meaning of road vehicle
7 Meaning of road vehicle component
Division 5—Miscellaneous
8 Act to bind Crown
9 Crown not liable to prosecution
10 Extraterritorial application
Part 2—Regulation of road vehicles and road vehicle components
Division 1—Simplified outline of this Part
11 Simplified outline of this Part
Division 2—National road vehicle standards
12 Minister may determine national road vehicle standards
13 Rules
Division 3—The Register of Approved Vehicles
14 Register of Approved Vehicles
15 Entering vehicles on RAV
16 Entry of non‑compliant vehicles on RAV
17 Information entered on RAV dishonestly or improperly
18 Incorrect information entered on RAV
19 Rules
Division 4—Specialist and Enthusiast Vehicles Register
20 Specialist and Enthusiast Vehicles Register
21 Rules
Division 5—Importation of road vehicles
22 Importing road vehicles
23 Rules
Division 6—Provision of road vehicles not on RAV
24 Providing road vehicle for the first time in Australia—vehicle not on RAV
Division 7—Modifying road vehicles
25 Rules
26 Modification of road vehicle on RAV
Division 8—Supplying road vehicle components
27 Misrepresentation that a road vehicle component is an approved road vehicle component
Division 9—Miscellaneous
Subdivision A—Breach of condition of approvals
28 Breach of condition of approval—general
29 Breach of condition of approval—export or destruction of road vehicle
Subdivision B—Record‑keeping obligations
30 Breach of obligation to provide records after approval ceases to be in force
Subdivision C—False or misleading declarations etc.
31 False or misleading declaration
32 False or misleading information
Subdivision D—Liability of executive officers
33 Personal liability of an executive officer of a body corporate
34 Reasonable steps to prevent offence or contravention
Subdivision E—Pecuniary penalties and bodies corporate
35 Determining pecuniary penalties for bodies corporate
Part 3—Recalls of road vehicles or approved road vehicle components
Division 1—Simplified outline of this Part
36 Simplified outline of this Part
Division 2—Rules
37 Rules
Division 3—Complying with recalls
38 Compliance with recall notices
39 Notification requirements—compulsory recalls
40 Notification requirements—voluntary recalls
Division 4—Disclosure notices
41 Power to obtain information etc.
42 Self‑incrimination
43 Compliance with disclosure notices
44 False or misleading information etc.
Division 5—Miscellaneous
45 References to supply of road vehicles and approved road vehicle components
46 Compensation for acquisition of property
47 Operation of other laws
Part 4—Compliance and enforcement
Division 1—Simplified outline of this Part
48 Simplified outline of this Part
Division 2—Inspectors
49 Appointment of inspectors
Division 3—Monitoring
50 Monitoring under Part 2 of the Regulatory Powers Act
51 Modifications of Part 2 of the Regulatory Powers Act
Division 4—Investigation
52 Investigating under Part 3 of the Regulatory Powers Act
53 Modifications of Part 3 of the Regulatory Powers Act
Division 5—Civil penalties, infringement notices, enforceable undertakings and injunctions
54 Civil penalties under Part 4 of the Regulatory Powers Act
55 Infringement notices under Part 5 of the Regulatory Powers Act
56 Modifications of Part 5 of the Regulatory Powers Act
57 Enforceable undertakings under Part 6 of the Regulatory Powers Act
58 Injunctions under Part 7 of the Regulatory Powers Act
Division 5A—Non‑punitive orders
58A Non‑punitive orders in relation to Part 2
Division 6—Miscellaneous
59 Physical elements of offences
60 Contravening an offence provision or a civil penalty provision
Part 5—Administration
Division 1—Simplified outline of this Part
61 Simplified outline of this Part
Division 2—Computerised decision‑making
62 Minister may arrange for use of computer programs to make decisions etc.
63 Minister may substitute more favourable decisions for certain computer‑based decisions
64 Use of computer programs by Secretary to make decisions etc.
Division 3—Sharing information
65 Sharing information
Division 4—Cost recovery
Subdivision A—Fees
66 Fees for fee‑bearing activities
Subdivision B—Payment of cost‑recovery charges
67 Paying cost‑recovery charges
Subdivision C—Unpaid cost‑recovery charges
68 Late payment fee
69 Recovery of cost‑recovery charges
70 Suspending or revoking approvals because of unpaid cost‑recovery charges
71 Secretary may direct that activities not be carried out
Subdivision D—Miscellaneous
72 Secretary may remit or refund cost‑recovery charges
Division 5—Delegations
73 Delegation by the Minister
74 Delegation by the Secretary
Part 6—Miscellaneous
Division 1—Simplified outline of this Part
75 Simplified outline of this Part
Division 2—Interactions with other laws
76 Authority to take delivery of imported vehicles
77 Application of the Australian Consumer Law
78 Road vehicle need not comply with State or Territory standards
79 Severability—additional effect of Act
Division 3—Basis on which approvals granted
80 Basis on which approvals granted
Division 4—Miscellaneous
81 Immunity from suit
82 Rules
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to provide for the regulation of road vehicles and road vehicle components, to set national road vehicle standards, and for other purposes
Part 1—Introduction
Division 1—Preliminary
1  Short title
  This Act is the Road Vehicle Standards Act 2018.
2  Commencement
 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1                                                                           Column 2                                                                                   Column 3
Provisions                                                                         Commencement                                                                               Date/Details
1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table  The day after this Act receives the Royal Assent.                                          11 December 2018
2.  Sections 3 to 14                                                               The day after this Act receives the Royal Assent.                                          11 December 2018
3.  Sections 15 to 18                                                              A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
4.  Sections 19 to 21                                                              The day after this Act receives the Royal Assent.                                          11 December 2018
5.  Section 22                                                                     A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
6.  Section 23                                                                     The day after this Act receives the Royal Assent.                                          11 December 2018
7.  Section 24                                                                     A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
8.  Section 25                                                                     The day after this Act receives the Royal Assent.                                          11 December 2018
9.  Section 26                                                                     A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
10.  Sections 27 and 28                                                            The day after this Act receives the Royal Assent.                                          11 December 2018
11.  Section 29                                                                    A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
12.  Sections 30 to 37                                                             The day after this Act receives the Royal Assent.                                          11 December 2018
13.  Sections 38 to 47                                                             A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
14.  Sections 48 to 74                                                             The day after this Act receives the Royal Assent.                                          11 December 2018
15.  Sections 75 to 78                                                             A single day to be fixed by Proclamation.                                                  1 July 2021
                                                                                   However, if the provisions do not commence before 1 July 2021, they commence on that day.
16.  Sections 79 to 82                                                             The day after this Act receives the Royal Assent.                                          11 December 2018
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Division 2—Objects of this Act
3  Objects of this Act
 (1) The objects of this Act are:
 (a) to set nationally consistent performance based standards that road vehicles must comply with before being provided in Australia; and
 (b) to provide consumers in Australia with a choice of road vehicles that:
 (i) meet safety and environmental expectations of the community; and
 (ii) use energy conservation technology and anti‑theft technology; and
 (iii) are able to make use of technological advancements; and
 (c) to give effect to Australia's international obligations to harmonise road vehicle standards.
 (2) This Act aims to achieve its objects by:
 (a) empowering the Minister to determine national road vehicle standards for road vehicles and road vehicle components; and
 (b) prohibiting the importation into Australia of road vehicles that do not comply with national road vehicle standards (except in limited circumstances); and
 (c) establishing a Register of Approved Vehicles, on which road vehicles must be entered before they are introduced onto the Australian market; and
 (d) establishing a framework for recalling road vehicles and approved road vehicle components that are unsafe or do not comply with national road vehicle standards.
Division 3—Simplified outline of this Act
4  Simplified outline of this Act
      This Act regulates the importation and provision of road vehicles. It also regulates the provision of certain road vehicle components.
      Road vehicles and certain road vehicle components must comply with national road vehicle standards set by the Minister, except in limited circumstances.
      An approval is required to import a road vehicle into Australia and, generally, vehicles must be entered on the Register of Approved Vehicles before being provided for the first time in Australia.
      If a recall notice is issued to a person in relation to road vehicles or approved road vehicle components, due to concerns about safety or non‑compliance with national road vehicle standards, the person must comply with the notice.
      To ensure compliance with this Act, the Department has a range of enforcement powers to ensure the most proportionate and effective regulatory response.
      This Act also provides for the rules to set out matters to support the regulatory framework of this Act.
Division 4—Definitions
5  Definitions
 (1) In this Act:
1958 Agreement means the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions done at Geneva on 20 March 1958, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2000 No. 11 ([2000] ATS 11) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
1998 Agreement means the Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles done at Geneva on 25 June 1998, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2008 No. 7 ([2008] ATS 7) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
approved road vehicle component means a road vehicle component to which a road vehicle component type approval applies.
Australia does not include any external Territory.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
cost‑recovery charge means:
 (a) a fee prescribed by rules made for the purposes of section 66 for a fee‑bearing activity; or
 (b) a charge imposed by:
 (i) the Road Vehicle Standards Charges (Imposition—Customs) Act 2018; or
 (ii) the Road Vehicle Standards Charges (Imposition—Excise) Act 2018; or
 (iii) the Road Vehicle Standards Charges (Imposition—General) Act 2018; or
 (c) a late payment fee relating to a fee or charge described in paragraph (a) or (b).
disclosure notice: see subsection 41(2).
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.
entry pathway: see subsection 15(2).
executive officer of a body corporate means a person (whether or not a director of the body) who is concerned in, or takes part in, the management of the body.
Federal Court means the Federal Court of Australia.
fee‑bearing activities: see section 66.
import, in relation to a road vehicle, means do an act which constitutes importation of the vehicle for the purposes of the Customs Act 1901.
import approval means:
 (a) a RAV entry import approval; or
 (b) a non‑RAV entry import approval; or
 (c) any other import approval granted under the rules.
inspector means a person appointed as an inspector under section 49.
late payment fee: see section 68.
listed corporation has the meaning given by section 9 of the Corporations Act 2001.
manufacture, in relation to a road vehicle, includes modify the vehicle and assemble the vehicle.
motor vehicle means a vehicle that uses, or is designed to use:
 (a) volatile spirit, gas, oil, electricity or any other power (other than human or animal power) as the principal means of propulsion; or
 (b) more than one of the powers mentioned in paragraph (a) (other than human or animal power) as a means of propulsion;
but does not include a vehicle used exclusively on a railway or tramway.
national road vehicle standard: see section 12.
non‑RAV entry import approval means a non‑RAV entry import approval granted under the rules.
permitted to import, in relation to a road vehicle: see subsection 22(2).
personal information has the same meaning as in the Privacy Act 1988.
premises has the same meaning as in the Regulatory Powers Act.
provide, in relation to a road vehicle, includes the meaning given by subsection (2).
public road means a road open to the public for the passage of vehicles, excluding:
 (a) a footpath or bicycle path; and
 (b) a bikeway, also known as a bike or cycle lane.
RAV: see Register of Approved Vehicles.
RAV entry import approval means a RAV entry import approval granted under the rules.
recall notice means a recall notice issued under the rules.
Register of Approved Vehicles or RAV: see subsection 14(1).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant court means:
 (a) the Federal Court; or
 (b) the Federal Circuit and Family Court of Australia (Division 2); or
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
road vehicle: see section 6.
road vehicle component: see section 7.
road vehicle component type approval means a road vehicle component type approval granted under the rules.
road vehicle type approval means a road vehicle type approval granted under the rules.
rules means the rules made under section 82.
Secretary means the Secretary of the Department.
SEVs Register: see Specialist and Enthusiast Vehicles Register.
Specialist and Enthusiast Vehicles Register or SEVs Register: see section 20.
supply:
 (a) when used as a verb, includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and
 (b) when used as a noun, has a corresponding meaning;
and supplied and supplier have corresponding meanings.
Note: For Part 3, the meaning of supply is also affected by section 45.
this Act includes:
 (a) the rules and any instruments made under the rules; and
 (b) other instruments made under this Act; and
 (c) the Regulatory Powers Act as it applies in relation to this Act.
trade or commerce means:
 (a) trade or commerce within Australia; or
 (b) trade or commerce between Australia and places outside Australia;
and includes any business or professional activity (whether or not carried on for profit).
Extended meaning of provide
 (2) A reference in this Act to a person providing a road vehicle includes a reference to:
 (a) the provision of the vehicle due to a sale, exchange, gift, lease, loan, hire or hire‑purchase; or
 (b) the provision of access to the vehicle.
6  Meaning of road vehicle
 (1) A road vehicle means any of the following:
 (a) a motor vehicle designed solely or principally for use in transport on public roads;
 (b) a trailer or other vehicle (including equipment or machinery equipped with wheels) designed to be towed on a public road by a motor vehicle covered by paragraph (a);
 (c) a vehicle that is within a class determined in an instrument under paragraph (5)(a) and not determined in an instrument under paragraph (6)(b);
 (d) a vehicle determined in an instrument under paragraph (6)(a);
 (e) a partly completed or unassembled vehicle that would otherwise be covered by any of the above paragraphs.
 (2) If:
 (a) a person holds a road vehicle type approval for a vehicle of a particular type; and
 (b) that type of vehicle is not a road vehicle covered by subsection (1); and
 (c) the person enters, or authorises the entry of, a vehicle of that type on the RAV in accordance with this Act;
the vehicle becomes a road vehicle at the time the vehicle is entered on the RAV.
 (3) For the purposes of paragraphs (1)(a) and (b), in determining whether a motor vehicle is designed solely or principally for use in transport on public roads, regard is to be had only to the physical and operational features of the motor vehicle.
 (4) However, a vehicle is not a road vehicle if:
 (a) the vehicle is within a class determined in an instrument under paragraph (5)(b) and not determined in an instrument under paragraph (6)(a); or
 (b) the vehicle is specified in an instrument under paragraph (6)(b).
Determination of classes of vehicles
 (5) The Secretary may, by legislative instrument:
 (a) determine classes of vehicles that are road vehicles; or
 (b) determine classes of vehicles that are not road vehicles.
Determination of specified vehicles
 (6) The Secretary may, by notifiable instrument:
 (a) determine that a specified vehicle is a road vehicle; or
 (b) determine that a specified vehicle is not a road vehicle.
 (7) The power to make a notifiable instrument under subsection (6) is not limited by a legislative instrument made under subsection (5).
Incorporation of other instruments
 (8) An instrument under subsection (5) or (6) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time.
 (9) Subsection (8) has effect despite subsection 14(2) of the Legislation Act 2003.
7  Meaning of road vehicle component
 (1) A road vehicle component means any of the following:
 (a) a component to be used in the manufacture of a road vehicle, including an assembly;
 (b) a component that is within a class determined in an instrument under paragraph (3)(a) and not determined in an instrument under paragraph (4)(b);
 (c) a component determined in an instrument under paragraph (4)(a).
 (2) However, a component is not a road vehicle component if:
 (a) the component is within a class determined in an instrument under paragraph (3)(b) and not determined in an instrument under paragraph (4)(a); or
 (b) the component is specified in an instrument under paragraph (4)(b).
Determination of classes of components
 (3) The Secretary may, by legislative instrument:
 (a) determine classes of components that are road vehicle components; or
 (b) determine classes of components that are not road vehicle components.
Determination of specified components
 (4) The Secretary may, by notifiable instrument:
 (a) determine that a specified component is a road vehicle component; or
 (b) determine that a specified component is not a road vehicle component.
 (5) The power to make a notifiable instrument under subsection (4) is not limited by a legislative instrument made under subsection (3).
Incorporation of other instruments
 (6) An instrument under subsection (3) or (4) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time.
 (7) Subsection (6) has effect despite subsection 14(2) of the Legislation Act 2003.
Division 5—Miscellaneous
8  Act to bind Crown
  This Act binds the Crown in each of its capacities.
9  Crown not liable to prosecution
  This Act does not make the Crown liable to be prosecuted for an offence.
Note: See also section 54 for the liability of the Crown to a pecuniary penalty for the breach of a civil penalty provision, and section 55 for the liability of the Crown to be given an infringement notice.
10  Extraterritorial application
  This Act extends to acts, omissions, matters and things outside Australia.
Part 2—Regulation of road vehicles and road vehicle components
Division 1—Simplified outline of this Part
11  Simplified outline of this Part
      This Part provides for the regulation of road vehicles and road vehicle components by:
             (a) allowing the Minister to determine national road vehicle standards; and
             (b) establishing the Register of Approved Vehicles (the RAV), on which road vehicles must generally be entered before being provided for the first time in Australia; and
             (c) establishing the Register of Specialist and Enthusiast Vehicles, on which road vehicles may be entered to facilitate their importation into Australia; and
             (d) creating offences and civil penalty provisions that apply if road vehicles are imported without relevant approvals or are provided to consumers without being on the RAV; and
             (e) allowing the rules to set out matters to support the regulatory framework; and
             (f) dealing with other miscellaneous matters.
Division 2—National road vehicle standards
12  Minister may determine national road vehicle standards
 (1) The Minister may, by legislative instrument, determine standards for road vehicles or road vehicle components that are designed to do any or all of the following:
 (a) make road vehicles safe to use;
 (b) control the emission of gas, particles or noise from road vehicles;
 (c) secure road vehicles against theft;
 (d) provide for security marking of road vehicles;
 (e) promote the saving of energy.
These standards are the national road vehicle standards.
Incorporation of other instruments
 (2) National road vehicle standards may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time.
 (3) Without limiting subsection (2), national road vehicle standards may make provision in relation to a matter by applying, adopting or incorporating any matter contained in the 1958 Agreement or 1998 Agreement.
 (4) Subsection (2) has effect despite subsection 14(2) of the Legislation Act 2003.
13  Rules
 (1) The rules must provide for or in relation to the testing and inspecting of road vehicles and road vehicle components for compliance with national road vehicle standards.
 (2) The rules may provide for or in relation to the issuing of advisory notices advising that a specified thing is not a road vehicle.
Division 3—The Register of Approved Vehicles
14  Register of Approved Vehicles
 (1) The Secretary must ensure that a register, to be known as the Register of Approved Vehicles (the RAV), is kept.
 (2) The RAV is to be maintained by electronic means.
 (3) The RAV may be maintained as part of, or together with, another register or database relating to road vehicles.
15  Entering vehicles on RAV
 (1) A vehicle may be entered on the RAV if the vehicle satisfies the requirements of an entry pathway.
Note: Under the rules, a vehicle may only be entered on the RAV by certain persons.
 (2) Each of the following is an entry pathway:
 (a) the type approval pathway;
 (b) the concessional RAV entry approval pathway;
 (c) any other pathway set out in the rules.
Note: The rules set out the requirements of each entry pathway.
16  Entry of non‑compliant vehicles on RAV
 (1) A person contravenes this subsection if:
 (a) the person enters a vehicle on the RAV; and
 (b) the vehicle does not satisfy the requirements of an entry pathway.
 (2) A person contravenes this subsection if:
 (a) the person is the holder of a road vehicle type approval; and
 (b) the person authorises another person, in writing, to enter a vehicle on the RAV; and
 (c) the other person purports to enter the vehicle on the RAV; and
 (d) the vehicle does not satisfy the requirements of an entry pathway.
 (3) Subsections (1) and (2) do not apply if:
 (a) a road vehicle component was used in accordance with the national road vehicle standards in the manufacture of the vehicle; and
 (b) the road vehicle component was represented by the supplier to be an approved road vehicle component; and
 (c) the road vehicle component did not comply with the relevant national road vehicle standards, as in force at the time the road vehicle component was acquired by the person; and
 (d) there is no other reason why the vehicle does not satisfy the requirements of the relevant entry pathway.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Offence
 (4) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 120 penalty units.
 (5) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (4).
Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 120 penalty units.
17  Information entered on RAV dishonestly or improperly
Offences
 (1) A person commits an offence if:
 (a) the person enters information on the RAV; and
 (b) the information relates, or purportedly relates, to a vehicle; and
 (c) the person knows that:
 (i) the person is not authorised under the rules to enter the information on the RAV; or
 (ii) the vehicle does not exist; or
 (iii) the information is incorrect.
Penalty: 120 penalty units.
 (2) A person commits an offence if:
 (a) the person is the holder of a road vehicle type approval (the approval holder); and
 (b) the person authorises another person, in writing, to enter information on the RAV; and
 (c) the other person enters information on the RAV; and
 (d) the information relates, or purportedly relates, to a vehicle; and
 (e) the approval holder knows that:
 (i) the vehicle does not exist; or
 (ii) the information is incorrect.
Penalty: 120 penalty units.
 (3) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsections (1) and (2).
Civil penalty provisions
 (4) A person contravenes this subsection if:
 (a) the person enters information on the RAV; and
 (b) the information relates, or purportedly relates, to a vehicle; and
 (c) either:
 (i) the person is not authorised under the rules to enter the information on the RAV; or
 (ii) the vehicle does not exist.
Civil penalty: 120 penalty units.
 (5) A person contravenes this subsection if:
 (a) the person is the holder of a road vehicle type approval; and
 (b) the person authorises another person, in writing, to enter information on the RAV; and
 (c) the other person enters information on the RAV; and
 (d) the information relates, or purportedly relates, to a vehicle; and
 (e) the vehicle does not exist.
Civil penalty: 120 penalty units.
18  Incorrect information entered on RAV
 (1) A person contravenes this subsection if:
 (a) the person enters information on the RAV; and
 (b) the information relates, or purportedly relates, to a vehicle; and
 (c) the information is incorrect.
 (2) A person contravenes this subsection if:
 (a) the person is the holder of a road vehicle type approval; and
 (b) the person authorises another person, in writing, to enter information on the RAV; and
 (c) the other person enters information on the RAV; and
 (d) the information relates, or purportedly relates, to a vehicle; and
 (e) the information is incorrect.
Offence
 (3) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 60 penalty units.
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).
Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 60 penalty units.
19  Rules
 (1) The rules:
 (a) must provide for or in relation to:
 (i) the keeping of the RAV, including the content of the RAV and the persons who may enter information on the RAV; and
 (ii) the requirements of an entry pathway; and
 (b) may provide for or in relation to the publication of information on the RAV.
 (2) The rules may provide for or in relation to the following:
 (a) the grant of approvals:
 (i) to enable vehicles to satisfy the requirements of the type approval pathway; or
 (ii) to enable road vehicles to satisfy the requirements of other entry pathways; or
 (iii) relating to road vehicle components;
 (b) conditions of such approvals;
 (c) variation, suspension or revocation of such approvals;
 (d) obligations of former approval holders.
Division 4—Specialist and Enthusiast Vehicles Register
20  Specialist and Enthusiast Vehicles Register
 (1) The Secretary must keep a register, to be known as the Register of Specialist and Enthusiast Vehicles (the SEVs Register).
Note: The SEVs Register relates to one of the eligibility criteria of the concessional RAV entry approval pathway.
 (2) The SEVs Register is to be kept in electronic form.
 (3) The SEVs Register is to be made available on the Department's website.
21  Rules
 (1) The rules must provide for or in relation to the keeping of the SEVs Register.
 (2) The rules may provide for or in relation to applications to be made for the entry of road vehicles on the SEVs Register.
Division 5—Importation of road vehicles
22  Importing road vehicles
 (1) A person contravenes this subsection if:
 (a) the person imports a road vehicle into Australia; and
 (b) at the time of importation, the person is not permitted to import the vehicle.
 (2) A person is permitted to import a road vehicle if:
 (a) at the time of importation, all of the following apply:
 (i) the person is the holder of a road vehicle type approval;
 (ii) the road vehicle type approval is in force;
 (iii) the road vehicle is of a type to which the road vehicle type approval applies; or
 (b) at the time of importation, all of the following apply:
 (i) the person is authorised, in writing, by the holder of a road vehicle type approval to import the road vehicle;
 (ii) the road vehicle type approval is in force;
 (iii) the road vehicle is of a type to which the road vehicle type approval applies; or
 (c) at the time of importation, all of the following apply:
 (i) the person is the holder of an import approval;
 (ii) the import approval is in force;
 (iii) the road vehicle is specified in the import approval; or
 (d) at the time of importation, a circumstance set out in the rules applies.
Offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 120 penalty units.
Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.
23  Rules
  The rules may provide for or in relation to the following:
 (a) the grant of approvals in relation to the importation of road vehicles;
 (b) conditions of such approvals;
 (c) variation, suspension or revocation of such approvals;
 (d) obligations of former approval holders.
Division 6—Provision of road vehicles not on RAV
24  Providing road vehicle for the first time in Australia—vehicle not on RAV
Basic rule
 (1) A person contravenes this subsection if:
 (a) the person provides a road vehicle to another person in Australia; and
 (b) the vehicle is provided for the first time in Australia; and
 (c) the vehicle is not on the RAV.
 (2) For the purposes of paragraph (1)(b), in working out whether a road vehicle is provided for the first time in Australia, the provision of a road vehicle in a circumstance mentioned in subsection (3) is to be disregarded.
Exceptions
 (3) Subsection (1) does not apply if the road vehicle is provided to another person:
 (a) to have work done on it; or
 (b) to protect it; or
 (c) to store it; or
 (d) if the vehicle has been imported—to transport it to the importer; or
 (e) if the vehicle is to be exported—to transport it to the exporter; or
 (f) in a circumstance set out in the rules.
 (4) Subsection (1) does not apply if:
 (a) the person providing the road vehicle is the holder of a non‑RAV entry import approval that relates to the vehicle; or
 (b) the road vehicle is manufactured in Australia and the person providing the vehicle makes it clear to the recipient that:
 (i) the vehicle is not being provided for a purpose that involves use in transport on a public road; or
 (ii) the vehicle is being provided for a purpose that involves use in transport on a public road only in exceptional circumstances.
Note: A person who wishes to rely on subsection (3) or (4) bears an evidential burden in relation to the matters in that subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Offence
 (5) A person commits an offence if the person contravenes subsection (1).
Penalty: 120 penalty units.
Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.
Division 7—Modifying road vehicles
25  Rules
  The rules may provide for or in relation to the circumstances in which a road vehicle on the RAV may be modified.
26  Modification of road vehicle on RAV
 (1) A person contravenes this subsection if:
 (a) a road vehicle is on the RAV; and
 (b) the person modifies the road vehicle; and
 (c) the modification occurs before the vehicle is provided to a consumer for the first time in Australia; and
 (d) the modification causes the road vehicle to not satisfy the requirements of the entry pathway that applied at the time the vehicle was entered on the RAV; and
 (e) the modification is not otherwise allowed by the rules.
 (2) A person contravenes this subsection if:
 (a) a road vehicle is on the RAV; and
 (b) the person hands over the road vehicle to another person; and
 (c) the road vehicle is handed over for modification; and
 (d) the road vehicle is modified; and
 (e) the modification occurs before the vehicle is provided to a consumer for the first time in Australia; and
 (f) the modification causes the road vehicle to not satisfy the requirements of the entry pathway that applied at the time the vehicle was entered on the RAV; and
 (g) the modification is not otherwise allowed by the rules.
 (3) In paragraphs (1)(c) and (2)(e), the definition of provide applies as if paragraph 5(2)(b) were omitted.
Offence
 (4) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 120 penalty units.
Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 120 penalty units.
Division 8—Supplying road vehicle components
27  Misrepresentation that a road vehicle component is an approved road vehicle component
 (1) A person contravenes this subsection if:
 (a) the person supplies a road vehicle component to another person; and
 (b) the person represents that the road vehicle component is an approved road vehicle component; and
 (c) the representation is false or misleading in a material particular.
Offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 60 penalty units.
 (3) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (2).
Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 60 penalty units.
Division 9—Miscellaneous
Subdivision A—Breach of condition of approvals
28  Breach of condition of approval—general
 (1) A person contravenes this subsection if:
 (a) the person is the holder of an approval under the rules; and
 (b) the approval is subject to a condition; and
 (c) the condition is not one that requires the person to export or destroy a road vehicle to which the approval applies; and
 (d) the person engages in conduct; and
 (e) the person's conduct contravenes the condition.
 (2) A person contravenes this subsection if:
 (a) the person is the holder of an approval under the rules; and
 (b) the approval is subject to a condition; and
 (c) the condition is not one that requires the person to export or destroy a road vehicle to which the approval applies; and
 (d) another person engages in conduct; and
 (e) that other person's conduct contravenes the condition.
Offence
 (3) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 120 penalty units.
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).
Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 120 penalty units.
29  Breach of condition of approval—export or destruction of road vehicle
 (1) A person contravenes this subsection if:
 (a) the person is the holder of an import approval; and
 (b) the approval is subject to a condition that requires the person to export or destroy a road vehicle to which the approval applies; and
 (c) the road vehicle is not exported or destroyed within the period specified in the approval.
Offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 120 penalty units.
Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
 (4) The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914.
 (5) The maximum civil penalty for each day that a contravention of subsection (3) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (3) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Subdivision B—Record‑keeping obligations
30  Breach of obligation to provide records after approval ceases to be in force
 (1) A person contravenes this subsection if:
 (a) the person was the holder of an approval granted under the rules; and
 (b) a condition of the approval was that the holder of the approval retain a record; and
 (c) the person does not retain the record:
 (i) if a period was specified in that condition—for that period; or
 (ii) in any other case—for the 7 year period starting on the day the record is made.
 (2) A person contravenes this subsection if:
 (a) the person was the holder of an approval granted under the rules; and
 (b) the person is required by or under the rules to provide information or a document to the Minister; and
 (c) the person does not provide the information or document to the Minister.
Offence
 (3) A person commits an offence if the person contravenes subsection (1) or (2).
Penalty: 60 penalty units.
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).
Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 60 penalty units.
Subdivision C—False or misleading declarations etc.
31  False or misleading declaration
Offence
 (1) A person commits an offence if:
 (a) the person signs a declaration; and
 (b) the person does so knowing that:
 (i) the declaration is false or misleading in a material particular; or
 (ii) the declaration omits a matter or thing without which the declaration is misleading in a material particular; and
 (c) the declaration is made in an application for an approval under the rules.
Penalty: 60 penalty units.
Civil penalty provision
 (2) A person contravenes this subsection if:
 (a) the person signs a declaration; and
 (b) either:
 (i) the declaration is false or misleading in a material particular; or
 (ii) the declaration omits a matter or thing without which the declaration is misleading in a material particular; and
 (c) the declaration is made in an application for an approval under the rules.
Civil penalty: 60 penalty units.
32  False or misleading information
 (1) A person contravenes this subsection if:
 (a) the person gives information or a document to another person; and
 (b) the information or document:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information or document is misleading; and
 (c) the information or document is given, or purportedly given, under or for the purposes of this Act.
 (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 60 penalty units.
 (4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).
Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 60 penalty units.
Subdivision D—Liability of executive officers
33  Personal liability of an executive officer of a body corporate
Offence
 (1) An executive officer of a body corporate commits an offence if:
 (a) the body corporate commits an offence against:
 (i) this Part (other than section 18, 27, 30, 31 or 32); or
 (ii) section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence covered by subparagraph (i); or
 (iii) section 136.1, 137.1 or 137.2 of the Criminal Code in relation to this Act; and
 (b) the officer knew that the offence would be committed; and
 (c) the officer was in a position to influence the conduct of the body in relation to the commission of the offence; and
 (d) the officer failed to take reasonable steps to prevent the commission of the offence.
 (2) The maximum penalty for an offence against subsection (1) is the maximum penalty that a court could impose in respect of an individual for the offence committed by the body corporate.
 (3) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).
Civil penalty provision
 (4) An executive officer of a body corporate contravenes this subsection if:
 (a) the body corporate contravenes a civil penalty provision of this Part (other than section 18, 27, 30, 31 or 32); and
 (b) the officer knew that the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body in relation to the contravention; and
 (d) the officer failed to take reasonable steps to prevent the contravention.
 (5) The maximum civil penalty for a contravention of subsection (4) is the maximum civil penalty that a court could impose in respect of an individual for the civil penalty provision contravened by the body corporate.
34  Reasonable steps to prevent offence or contravention
 (1) For the purposes of section 33, in determining whether an executive officer of a body corporate failed to take reasonable steps to prevent the commission of an offence, or the contravention of a civil penalty provision, a court is to have regard to:
 (a) what action (if any) the officer took towards ensuring that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the employees, agents or contractors concerned; and
 (b) what action (if any) the officer took when he or she became aware that the body was committing an offence against, or otherwise contravening, this Act.
 (2) This section does not, by implication, limit the generality of section 33.
Subdivision E—Pecuniary penalties and bodies corporate
35  Determining pecuniary penalties for bodies corporate
  If an offence against a provision of this Part may:
 (a) in some circumstances be committed by both a natural person and a body corporate; and
 (b) in other circumstances only be committed by a body corporate;
then, in the circumstances mentioned in paragraph (b), despite subsection 4B(3) of the Crimes Act 1914, the court may, if the court thinks fit, impose a pecuniary penalty not exceeding an amount equal to 5 times the amount of the pecuniary penalty specified for the offence.
Part 3—Recalls of road vehicles or approved road vehicle components
Division 1—Simplified outline of this Part
36  Simplified outline of this Part
      This Part deals with recalls of road vehicles and approved road vehicle components for safety purposes or non‑compliance with national road vehicle standards.
      The rules provide for the Minister to issue a recall notice to suppliers of vehicles or components. If a recall notice is issued to a supplier, there are very substantial criminal and civil penalties for refusing or failing to comply with the recall notice.
      The rules may also set out requirements for notifying the Minister of certain matters in relation to compulsory or voluntary recalls. Penalties apply for refusing or failing to comply with the notification requirements.
      If there are concerns about a vehicle or component causing injury or not complying with national road vehicle standards, the Minister (or certain other officials) may issue a disclosure notice to the supplier, requiring that certain information be disclosed. Penalties apply for refusing or failing to comply with the notice or giving false or misleading information.
Note: Some road vehicles or approved road vehicle components may be recalled under the Australian Consumer Law as consumer goods. For the interaction with the Australian Consumer Law, see also sections 47 and 77 of this Act.
Division 2—Rules
37  Rules
 (1) The rules must provide for or in relation to the recall of road vehicles or approved road vehicle components for:
 (a) safety purposes; or
 (b) non‑compliance with national road vehicle standards.
 (2) The rules may provide for or in relation to the following:
 (a) issuing recall notices;
 (b) compulsory recalls of road vehicles or approved road vehicle components;
 (c) voluntary recalls of road vehicles or approved road vehicle components;
 (d) notification requirements relating to compulsory or voluntary recalls.
Division 3—Complying with recalls
38  Compliance with recall notices
 (1) A person contravenes this subsection if:
 (a) a recall notice for road vehicles or approved road vehicle components is in force; and
 (b) the notice requires the person to do one or more things; and
 (c) the person refuses or fails to comply with the notice.
 (2) A person contravenes this subsection if:
 (a) a recall notice for road vehicles or approved road vehicle components is in force; and
 (b) the person, in trade or commerce:
 (i) if the notice identifies a defect in, or a dangerous characteristic of, the vehicles or components—supplies vehicles or components of the kind to which the notice relates which contain that defect or have that characteristic; or
 (ii) in any other case—supplies vehicles or components of the kind to which the notice relates.
Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty:
 (a) if the person is a body corporate—5,250 penalty units; or
 (b) if the person is not a body corporate—1,050 penalty units.
Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty:
 (a) if the person is a body corporate—5,250 penalty units; or
 (b) if the person is not a body corporate—1,050 penalty units.
39  Notification requirements—compulsory recalls
 (1) A person contravenes this subsection if:
 (a) the person is required by the rules to give a copy of a notice to the Minister in relation to a compulsory recall of road vehicles or approved road vehicle components; and
 (b) the person refuses or fails to give the copy as required by the rules.
Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty:
 (a) if the person is a body corporate—80 penalty units; or
 (b) if the person is not a body corporate—16 penalty units.
Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) if the person is a body corporate—80 penalty units; or
 (b) if the person is not a body corporate—16 penalty units.
40  Notification requirements—voluntary recalls
 (1) A person contravenes this subsection if:
 (a) the person is required by the rules to give a notice, or a copy of a notice, to the Minister in relation to a voluntary recall of road vehicles or approved road vehicle components; and
 (b) the person refuses or fails to give the notice, or the copy of the notice, as required by the rules.
Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty:
 (a) if the person is a body corporate—80 penalty units; or
 (b) if the person is not a body corporate—16 penalty units.
Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) if the person is a body corporate—80 penalty units; or
 (b) if the person is not a body corporate—16 penalty units.
Division 4—Disclosure notices
41  Power to obtain information etc.
 (1) The Minister, the Secretary or an SES employee or acting SES employee in the Department, may give a disclosure notice to a person (the supplier) who, in trade or commerce, supplies road vehicles or approved road vehicle components of a particular kind if the person giving the notice reasonably believes:
 (a) that:
 (i) vehicles or components of that kind will or may cause injury to any person; or
 (ii) a reasonably foreseeable use (including a misuse) of vehicles or components of that kind will or may cause injury to any person; or
 (iii) vehicles or components of that kind do not, or it is likely that they do not, comply with the applicable national road vehicle standards; and
 (b) that the supplier is capable of giving information, producing documents or giving evidence in relation to those vehicles or components.
 (2) A disclosure notice is a written notice requiring the supplier:
 (a) to give, in writing signed by the supplier, any such information to the person specified in the notice:
 (i) in the manner specified in the notice; and
 (ii) within such reasonable time as is specified in the notice; or
 (b) to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or
 (c) to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:
 (i) to give any such evidence, on oath or affirmation; and
 (ii) to produce any such documents.
 (3) The person specified in the notice may be:
 (a) the Minister; or
 (b) the Secretary; or
 (c) an SES employee, or acting SES employee, in the Department (whether or not that SES employee, or acting SES employee, gave the notice).
Holder of a type approval taken to be a supplier
 (4) For the purposes of this section, a person is taken to supply, in trade or commerce, road vehicles or approved road vehicle components of a particular kind, if:
 (a) the person is the holder of a road vehicle type approval under which a vehicle is entered on the RAV; or
 (b) the person is the holder of a road vehicle component type approval.
42  Self‑incrimination
 (1) A person is not excused from:
 (a) giving information or evidence; or
 (b) producing a document;
as required by a disclosure notice given to the person on the ground that the information or evidence, or production of the document, might tend to incriminate the person or expose the person to a penalty.
 (2) However, in the case of an individual:
 (a) the information or evidence given, or the document produced; and
 (b) giving the information or evidence, or producing the document;
are not admissible in evidence against the individual:
 (c) in civil proceedings; or
 (d) in criminal proceedings, other than proceedings against the individual for:
 (i) an offence against section 43 or 44; or
 (ii) an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division.
43  Compliance with disclosure notices
 (1) A person commits an offence of strict liability if:
 (a) the person is given a disclosure notice; and
 (b) the person refuses or fails to comply with the notice.
Penalty:
 (a) if the person is a body corporate—200 penalty units; or
 (b) if the person is not a body corporate—40 penalty units.
 (2) Subsection (1) does not apply if the person complies with the disclosure notice to the extent to which the person is capable of complying with the notice.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
44  False or misleading information etc.
  A person commits an offence if:
 (a) the person gives information, evidence or a document in purported compliance with a disclosure notice; and
 (b) the person does so knowing that the information, evidence or document is false or misleading in a material particular.
Penalty:
 (a) if the person is a body corporate—300 penalty units; or
 (b) if the person is not a body corporate—60 penalty units or imprisonment for 12 months, or both.
Division 5—Miscellaneous
45  References to supply of road vehicles and approved road vehicle components
  In this Part and rules made for the purposes of section 37, a reference to the supply of road vehicles or approved road vehicle components includes a reference to agreeing to supply the vehicles or components.
46  Compensation for acquisition of property
 (1) If the operation of this Part, or any other provision of this Act (to the extent to which it relates to this Part), would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
47  Operation of other laws
  This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Part 4—Compliance and enforcement
Division 1—Simplified outline of this Part
48  Simplified outline of this Part
      Inspectors have monitoring, inspection and enforcement powers under the Regulatory Powers Act to ensure this Act is being complied with.
      The Regulatory Powers Act creates a framework for monitoring and investigating compliance with this Act, as well as providing for the enforcement of civil penalty provisions, and the use of infringement notices, enforceable undertakings and injunctions.
      This Part provides for the application of the Regulatory Powers Act in relation to these matters.
      This Part also provides that a relevant court may, on application of the Secretary, make a non‑punitive order against a person in relation to a contravention of a provision of Part 2.
Division 2—Inspectors
49  Appointment of inspectors
 (1) The Secretary may, in writing, appoint any of the following persons as an inspector:
 (a) an APS employee in the Department;
 (b) an employee of a State or Territory or an authority of a State or Territory.
 (2) The functions and powers conferred on a person as an inspector are subject to such conditions and restrictions as are specified in the person's instrument of appointment.
Prerequisites to appointment
 (3) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly perform the functions or exercise the powers of an inspector for which the person is to be authorised.
 (4) The Secretary must not appoint an employee of a State or Territory or an authority of a State or Territory as an inspector without the agreement of the State or Territory.
Directions to inspectors
 (5) An inspector appointed under subsection (1) must, in performing functions or exercising powers as such, comply with any directions of the Secretary.
 (6) If a direction is given under subsection (5) in writing, the direction is not a legislative instrument.
Division 3—Monitoring
50  Monitoring under Part 2 of the Regulatory Powers Act
Provisions subject to monitoring
 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) a provision of this Act;
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.
Information subject to monitoring
 (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.
Related provisions
 (3) For the purposes of Part 2 of the Regulatory Powers Act, each of the following provisions is related to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) section 133G of the Competition and Consumer Act 2010;
 (b) a provision of the Australian Consumer Law relating to the safety of consumer goods;
 (c) a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024.
Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
 (4) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in su
        
      