2019-2020-2021-2022

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

SENATE

 

 

 

 

 

 

 

 

 

ROAD VEHICLE STANDARDS (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) AMENDMENT BILL 2022

 

 

 

 

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Barnaby Joyce MP)

 

 

 

 

ROAD VEHICLE STANDARDS (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) AMENDMENT BILL 2022

 

OUTLINE

 

Purpose

 

The purpose of the Bill is to amend the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Consequential and Transitional Provisions Act) to extend the duration of the transitional period provided for by this Act.

 

The Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 contains transitional and consequential provisions to support the commencement of the Road Vehicle Standards Act 2018 (Road Vehicles Standards Act), which has replaced the Motor Vehicle Standards Act 1989 as the Commonwealth’s primary legislation for regulating road vehicles and certain road vehicle components.

 

This Bill amends the Consequential and Transitional Provisions Act to provide for a            24-month transition period starting from the full commencement of the Road Vehicle Standards Act, and postpones the commencement of consequential amendments to related legislation commencing at the end of the transitional period. This will allow industry stakeholders extra time to make the necessary changes to fully transition to the new regulatory framework.

 

Effect of principal provisions

 

The principal provisions of the Bill have the effect of extending the duration of the transitional period provided for by Consequential and Transitional Provisions Act from 12 to 24 months after the full commencement of the Road Vehicle Standards Act on 1 July 2021.

 

Policy background

 

The Road Vehicle Standards Act and related legislation was the most important and extensive set of changes to the regulation of road vehicles in almost three decades. The reforms affected every aspect of existing practice. During the transitional period to date, almost all road vehicle manufacturers and importers have had to manage the impacts of the COVID pandemic on road vehicle inventories and global supply chains.

 

An extension to the duration of the transitional period provided for by the Consequential and Transitional Provisions Act, as provided for by this Bill, will assist businesses that have not already fully transitioned to the new legislative arrangements by providing them with more time to do so.

 

Financial impact statement

 

No significant direct or indirect financial impact on the Commonwealth will arise from the passage of this Bill.

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The Road Vehicle Standards (Consequential and Transitional Provisions Bill 2022 (the Bill) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

The purpose of the Bill is to amend the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Consequential and Transitional Provisions Act) to extend the duration of the transitional period provided for by this Act, from 12 to 24 months after the full commencement of the Road Vehicle Standards Act 2018 (Road Vehicle Standards Act) on 1 July 2021.

 

The Consequential and Transitional Provisions Act contains transitional and consequential provisions to support the full commencement of the Road Vehicles Standards Act, which has replaced the Motor Vehicle Standards Act 1989 as the Commonwealth’s primary legislation for regulating road vehicles and certain road vehicle components. In extending the duration of the transitional period provided for by the Consequential and Transitional Provisions Act, and postponing the commencement of consequential amendments to related legislation commencing at the end of the transitional period, the Bill does not otherwise affect the operation of the substantive provisions of the Consequential and Transitional Provisions Act. In this regard, the Bill has limited legal effect.

 

During the transitional period to date, almost all road vehicle manufacturers and importers have had to manage the severe impacts of the COVID pandemic on road vehicle inventories and global supply chains. The extended transitional period, and postponed commencement of consequential amendments to related legislation commencing at the end of the transitional period, will assist businesses that have not already fully transitioned to the new legislative arrangements by providing them with more time to do so.

 

Human rights implications

Given the limited legal effect of the Bill, it does not engage or otherwise affect the human rights or freedoms relevant to the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

The Bill preserves the substantive provisions of the Consequential and Transitional Provisions Act, which set out transitional arrangements to support the Road Vehicle Standards Act, and consequential amendments to related legislation . To the extent that the Consequential and Transitional Provisions Act engages human rights relevant to the Human Rights (Parliamentary Scrutiny) Act 2011 , and promotes or limits these rights in a reasonable and proportionate way as set out in the Statement of Compatibility with Human Rights relevant to the Consequential and Transitional Provisions Act, this is maintained by the Bill.

 

The extended duration of the transitional period does not deprive the Australian community of a framework for the regulation of road vehicles at the point they are provided to the Australian market. Until the transitional period has ended, aspects of the Motor Vehicles Standards Act 1989 and related delegation legislation will continue to have effect to ensure that vehicles provided to the Australian market and used on public roads meet safety, environmental and anti-theft standards.

 

Conclusion

 

The Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022 is compatible with human rights as it does not raise any human rights issues.

 

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development,

the Hon Barnaby Joyce MP

 

 

NOTES ON CLAUSES

 

Clause 1: Short Title

 

1.       Clause 1 provides that the short title of the Act, if made, will be the Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Act 2022 .

 

Clause 2: Commencement

 

2.       Clause 2 provides that the whole of the Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Act 2022 will commence the day after this Act receives the Royal Assent. The Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 is amended from this date.

 

Clause 3: Schedule(s)

 

3.       Clause 3 provides that there will be Schedules to the Act. It provides that items in Schedules can amend or repeal legislation as set out by the terms of the items, or have another effect according to the terms of the items.

4.       The items in Schedule 1 amend provisions of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 .

5.       In summary, the duration of the transitional period will be extended from 12 to 24 months by amending the definition of ‘transitional period’ in Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018. Following on from this amendment, the commencement of consequential amendments to related legislation, commencing at the end of the transitional period, will be delayed by 12 months by amending the commencement provision relating to Part 3 of Schedule 4 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 .

6.       During the transitional period to date, almost all road vehicle manufacturers and importers have had to manage the impacts of the COVID pandemic on road vehicle inventories and global supply chains. Extending the transitional period will assist businesses that have not already fully transitioned to the new legislative arrangements by providing them with more time to do so.

7.       The extended duration of the transitional period does not deprive the Australian community of a framework for the regulation of road vehicles at the point they are provided to the Australian market. Until the transitional period has ended, aspects of the Motor Vehicles Standards Act 1989 and related delegation legislation will continue to have effect to ensure that vehicles provided to the Australian market and used on public roads meet safety, environmental and anti-theft standards.

 

SCHEDULE 1 - AMENDMENTS

 

Item 1- Subsection 2(1) (table item 6)

 

8.       Item 1 amends the commencement table in the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 related to Part 3 of Schedule 4 to that Act. Part 3 of Schedule 4 sets out consequential amendments to related legislation commencing at the end of the transitional period.

9.       These amendments commence on the day after the end of the period of 12 months beginning on the day section 15 of the Road Vehicle Standards Act 2018 commences. Item 1 amends this commencement date to the day after the end of the period of 24 months beginning on the day section 15 of the Road Vehicle Standards Act 2018 commences. Section 15 of the Road Vehicle Standards Act 2018 commenced on 1 July 2021.

 

Item 2 - Subclause 1(1) of Schedule 3 (definition of transitional period )

 

10.   This item amends the definition of ‘transitional period’ in subclause 1(1) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 . The ‘transitional period’ is defined to mean ‘the 12 month period that begins on commencement’. ‘Commencement’ is defined in subclause 1(1) of Schedule 3 as the day that Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 commences - that is, 1 July 2021.

11.   Item 2 amends the definition of ‘transitional period’ so that it means the 24 month period that begins on commencement.