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 3   Import of new and used vehicles

16   Importation of vehicles requiring modification

Existing approvals to continue in force

(1) If:

(a) before commencement, the Minister gave written approval to a person under subsection 19(1) of the Motor Vehicle Standards Act 1989 in relation to a vehicle; and

(b) at commencement, the person had not imported the vehicle to which the approval relates;

then:

(c) the approval is taken to continue in force during the transitional period; and

(d) before the end of the transitional period, the person may import the vehicle in accordance with the approval given under the old law; and

(e) the old law applies to the imported vehicle during the transitional period.

Pending applications

(2) If, before commencement:

(a) a person applied to the Minister for an approval under section 19 of the Motor Vehicle Standards Act 1989 in relation to a vehicle; 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 grants the approval - both:

(i) the person may, before the end of the transitional period, import the vehicle in accordance with the approval given under the old law; and

(ii) the old law applies to the imported vehicle during the transitional period.

New law does not apply

(3) If an approval given under subsection 19(1) of the Motor Vehicle Standards Act 1989:

(a) is taken to continue in force under this item during the transitional period subject to the provisions of the old law; or

(b) is granted during the transitional period subject to the provisions of the old law;

then the new law does not apply, during the transitional period, to actions taken in accordance with the approval.