Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:39:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 39 (pt 1/2)
Character Range: 72032–74660

39  Eligibility criterion—personal effects
 (1) A road vehicle satisfies the eligibility criterion set out in this section if the Minister is satisfied that:
 (a) either:
 (i) the applicant has not previously been granted a concessional RAV entry approval based on the eligibility criterion set out in this section, or an import approval under regulation 13 of the Motor Vehicle Standards Regulations 1989, in respect of the same or another vehicle; or
 (ii) it has been more than 5 years since the applicant was granted an approval mentioned in subparagraph (i); and
 (b) the applicant:
 (i) owns the vehicle at the time the application is made; and
 (ii) became the owner of the vehicle while living outside Australia on a permanent basis; and
 (iii) owned the vehicle for a continuous period of at least 12 months immediately before the relevant date; and
 (c) the application is made within 6 months of the relevant date; and
 (d) the applicant intends to live in Australia indefinitely; and
 (e) the applicant is of an age that entitles him or her to hold a licence or permit to operate the vehicle on public roads, whether under a law of:
 (i) Australia; or
 (ii) the country in which the vehicle was available to and used by the applicant under subsection (2) before the relevant date; and
 (f) the requirements of subsections (2) and (3) are met.
Note: 'The relevant date' is defined in subsection (4).
 (2) The requirements of this subsection are that, during the period of ownership mentioned in subparagraph (1)(b)(iii), the vehicle was available to the applicant for use on a public road in the country outside Australia in which the person was living on a permanent basis, and was either:
 (a) regularly used by the applicant on a public road in that country; or
 (b) in regular use on a public road in that country, where:
 (i) a substantial part of that use was use by the applicant; and
 (ii) the remainder of that use was use by a person authorised by the applicant to use the vehicle.
 (3) The requirements of this subsection are that, at the date of the application, the applicant:
 (a) is entitled to remain in Australia indefinitely; or
 (b) has applied:
 (i) to become an Australian citizen; or
 (ii) to become a permanent resident; or
 (iii) for a visa that would allow the applicant to remain in Australia indefinitely; or
 (c) is the holder of a visa that entitles the applicant to apply to become a permanent resident, whether or not after a specified period or in specified circumstances.
  (4) In this section:
the relevant date means:
 (a) the date on which the applicant first arrived in Australia: