Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (164 of 2018)

Schedule 3   Transitional provisions commencing on repeal of the Motor Vehicle Standards Act 1989

Part 4   Supply and importation of vehicles

Division 1   Supply of new vehicles etc.

11   Supply of nonstandard vehicles

Existing approvals to continue in force

(1) Despite the repeal of the Motor Vehicle Standards Act 1989, if:

(a) an approval was given under section 14A of that Act and in force immediately before commencement; or

(b) an approval was given under regulation 20 of the Motor Vehicle Standards Regulations 1989 for a vehicle to be supplied to the market and the approval was in force immediately before commencement;

the approval is taken to continue in force during the transitional period subject to the provisions of the old law.

Pending applications

(2) If, before commencement:

(a) a person applied to the Minister for:

(i) an approval under section 14A of the Motor Vehicle Standards Act 1989; or

(ii) an approval under regulation 20 of the Motor Vehicle Standards Regulations 1989 for a vehicle to be supplied to the market; and

(b) the Minister had not decided the application;

then:

(c) the Minister must decide the application in accordance with the old law; and

(d) if the Minister decides to give written approval - the approval:

(i) comes into force on the day specified by the Minister in the approval; and

(ii) continues in force during the transitional period subject to the provisions of the old law.

New law does not apply

(3) If an approval continues, or is taken to continue, in force during the transitional period subject to the provisions of the old law by force of this item, then the new law does not apply, during the transitional period, to the provision of a vehicle in accordance with the approval.