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 3   Certification and approval

Division 1   Identification plates

5   Transition of approval for the placement of identification plates to a road vehicle type approval

(1) If:

(a) a person is the holder of:

(i) an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 that is in force immediately before commencement, as mentioned in subitem 4(1); or

(ii) an approval under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989 because of a decision by the Minister allowed by subitem 4(2); and

(b) during the 6 month period beginning immediately after commencement, the person:

(i) provides to the Minister, in the approved form, written acknowledgement of the conditions applying to road vehicle type approvals, as set out in the rules, and that breach of any of those conditions is an offence under the new law; and

(ii) provides to the Minister, in the approved form, a signed declaration that the person satisfies the conditions applying to road vehicle type approvals, as set out in the rules, in respect of the type of vehicle covered by an approval mentioned in paragraph (a) (an old approval ); and

(iii) pays the charges payable for the purposes of this paragraph;

then:

(c) the person is taken to have been granted a road vehicle type approval under the rules in respect of the type of vehicle covered by the old approval for the 5 year period beginning on the day that paragraph (b) is satisfied (the new approval ); and

(d) on that day, the old approval ceases to be in force.

(2) The following provisions have effect in relation to paragraph (1)(b):

(a) the written acknowledgement mentioned in subparagraph (1)(b)(i) is, for the purposes of section 32 of the Road Vehicle Standards Act 2018, information given, or purportedly given, under or for the purpose of the rules;

(b) the declaration mentioned in subparagraph (1)(b)(ii) is, for the purposes of section 31 of the Road Vehicle Standards Act 2018, taken to be made in an application for an approval under the rules.

Note: This means that offences and civil penalty provisions for giving false or misleading information or making a false or misleading declaration apply to the making of an acknowledgement and a declaration under paragraph (1)(b).

(3) The following provisions have effect in relation to the new approval:

(a) evidence that enabled the Minister to grant the old approval is taken to be sufficient to satisfy continued compliance with the relevant criteria for granting the new approval under the rules:

(i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or

(ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;

(b) if a person seeks a variation of the new approval under the rules, to the extent of the variation, evidence of a kind mentioned in paragraph (a) will not be sufficient to meet the evidential requirements of the rules;

(c) any written conditions to which the old approval was subject are taken to be conditions that are specified in the new approval under the rules;

(d) evidence that demonstrated that conditions of the old approval were satisfied is taken to be sufficient to satisfy the relevant conditions of the new approval under the rules:

(i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or

(ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;

(e) to the extent that a written condition to which the old approval was subject is inconsistent with:

(i) a condition to which a road vehicle type approval is subject under the rules; or

(ii) a requirement of the rules;

then, to the extent of the inconsistency, the rules prevail.

(4) To avoid doubt, if a person is taken to have been granted a road vehicle type approval under the rules because of subitem (1), then the approval is subject to the new law.

(5) To avoid doubt, if:

(a) a person is the holder of an old approval; and

(b) during the 6 month period beginning immediately after commencement, the person does not take all of the actions required by paragraph (1)(b);

then, the person's approval ceases to be in force at the end of the transitional period (unless earlier cancelled or suspended under the old law).