Commonwealth Numbered Regulations

1992 No. 222 MOTOR VEHICLE STANDARDS REGULATIONS (AMENDMENT) - REG 4

4.1 Omit the regulation, substitute: Approval to import vehicles without
compliance plates

"9. For the purposes of section 20 (1) (b) of the Act, a person may import a
nonstandard road vehicle or a road vehicle that does not have a compliance
plate if the Minister has approved an application by the person to import the
vehicle. Applications for approval to import vehicles without compliance
plates

"9A. A person may apply to the Minister for approval to import a nonstandard
road vehicle or a road vehicle that does not have a compliance plate.
Minister's approval to import vehicles without compliance plates

"9B. (1) The Minister may approve an application to import a nonstandard road
vehicle or a road vehicle that does not have a compliance plate.

"(2) An approval may be given subject to conditions specified in the
instrument of approval.

"(3) Without limiting the generality of subregulation (2), the Minister may
require that an identification plate in such form and containing such
information as the Minister determines be placed on the vehicle.

"(4) An approval must be given by signed instrument. Approval to import
complying vehicle without a compliance plate

"9C. The Minister must approve an application to import a road vehicle that
complies with the national standards but does not have a compliance plate if:

   (a)  the vehicle complied with the national standards when it was first
        manufactured and delivered for use in transport; and

   (b)  the applicant is of an age that entitles him or her to hold a licence
        or a permit to drive a road vehicle of that type; and

   (c)  the applicant has not imported a road vehicle within the year ending
        on the day on which the vehicle in respect of which the application is
        made is landed in Australia. Approval to import vehicle without a
        compliance plate if owned and used by applicant overseas

"9D. The Minister must approve an application to import a nonstandard road
vehicle or a road vehicle that does not have a compliance plate if:

   (a)  the vehicle has been owned and used by the applicant for a continuous
        period of at least 3 months; and

   (b)  at the time the vehicle is imported, the applicant is:

        (i)    an Australian citizen or an Australian permanent resident; or

        (ii)   a person who has applied to become an Australian citizen or an
               Australian permanent resident; and

   (c)  the applicant is of an age that entitles him or her to hold a licence
        or a permit to drive a road vehicle of that type; and

   (d)  the applicant undertakes to comply with any requirements as to road
        safety that are imposed in respect of the vehicle by the Minister; and

   (e)  the applicant has not imported a road vehicle owned by him within the
        year ending on the day on which the vehicle in respect of which the
        application is made is landed in Australia. Approval to import
        vehicles of a type for which limited authority for compliance plates
        is given

"9E. Without limiting the generality of subregulation 9B (1), the Minister may
approve an application to import a nonstandard road vehicle or a road vehicle
that does not have a compliance plate if:

   (a)  an authority to place compliance plates on vehicles of that type has
        been given under subregulation 5 (5A); and

   (b)  either:

        (i)    the importer of the vehicle is the person to whom the authority
               has been given; or

        (ii)   the Minister is satisfied that the importer has entered into
               binding arrangements with the person to whom the authority has
               been given to make any modifications to the vehicle that are
               necessary to ensure that the vehicle complies with the national
               standards. Approval to import vehicles of a certain age without
               compliance plates

"9F. The Minister must approve an application to import a nonstandard road
vehicle or a vehicle that does not have a compliance plate if the vehicle is
15 or more years old. Approval to import vehicles without compliance plates
for evaluation, etc.

"9G. Without limiting the generality of subregulation 9B (1), the Minister may
approve an application to import a nonstandard road vehicle or a road vehicle
that does not have a compliance plate if he is satisfied that the vehicle:

   (a)  is to be used for market evaluation and research, or for tests to
        establish whether vehicles of a particular type comply with national
        standards for the purpose of making an application under regulation 5
        for authority to place a compliance plate on a vehicle or vehicles of
        that type; or

   (b)  is to be used in road vehicle racing or rally competition; or

   (c)  is to be used in providing support to a road vehicle in road vehicle
        racing or rally competition and has been built, modified or adapted
        for that purpose; or

   (d)  is of a type not generally available in Australia and is to be
        imported primarily for exhibition. Approval to import nonstandard
        vehicles for dismantling

"9H. Without limiting the generality of subregulation 9B (1), the Minister may
approve an application to import a nonstandard road vehicle if the applicant
undertakes that the vehicle, when it is imported:

   (a)  will be dismantled and sold as vehicle components; and

   (b)  will not be used in transport in Australia. Revocation of approval to
        import

"9I. The Minister may revoke an approval to import a vehicle given to a person
under regulation 9B, 9C, 9D, 9E, 9F, 9G or 9H if the approval was given
subject to a condition and the person fails to comply with the condition.".