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

17   Approval to import certain nonstandard vehicles

Existing approvals to continue in force

(1) If:

(a) before commencement, the Minister gave written approval to a person under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 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 (including any written conditions determined by the Minister); 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 a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 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 written 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 (including any written conditions determined by the Minister); and

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

New applications

(3) If a person holds an approval:

(a) under subsection 10A(3) of the Motor Vehicle Standards Act 1989 that continues, or is taken to continue, in force during the transitional period by force of item 6 of this Schedule; or

(b) under section 14A of that Act or regulation 20 of the Motor Vehicle Standards Regulations 1989 that continues, or is taken to continue, in force during the transitional period by force of item 11 of this Schedule;

then:

(c) the person may apply, during the transitional period, for an approval in accordance with regulation 14 of the Motor Vehicle Standards Regulations 1989, as in force immediately before commencement, to the extent that the application relates to the approval the person holds, as mentioned in paragraph (a) or (b); and

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

(e) if the Minister gives written approval - both:

(i) the person may, before the end of the transitional period, import a vehicle in accordance with the approval given under the old law (including any written conditions determined by the Minister); and

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

New law does not apply

(4) If an approval given under a regulation made for the purposes of paragraph 20(1)(b) of the Motor Vehicle Standards Act 1989 (other than regulation 11, 12, 13 or 17 of the Motor Vehicle Standards Regulations 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.