Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:177:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 177 (pt 1/2)
Character Range: 239180–241901

177  Criteria for deciding application
 (1) The Secretary may grant a road vehicle component type approval to a person in respect of a type of road vehicle component if the Secretary is satisfied that:
 (a) either:
 (i) the type of road vehicle component complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application; or
 (ii) subsection (3) applies to the type of vehicle component; and
 (b) either:
 (i) the person has control over all stages of the design, componentry and manufacturing process for the type of road vehicle component; or
 (ii) the person is able to access information, including information about any changes, relating to the design, componentry and manufacturing process for the type of road vehicle component that may affect that type of road vehicle component's compliance with the applicable national road vehicle standards; and
 (c) the person is able to ensure that the design, componentry and manufacturing process will consistently produce the type of road vehicle component; and
 (d) the person is able to arrange for the Secretary or an inspector to inspect the premises or components used, or to be used, in the manufacturing process for the purposes of assessing compliance with:
 (i) the applicable national road vehicle standards; and
 (ii) any other requirements of the Act, this instrument, or an instrument made under the Act or this instrument that apply in relation to the person or the type of road vehicle component; and
 (e) while the approval is in force, and for the period of 7 years after it expires, the person will be able to:
 (i) access the original and any subsequent versions of the supporting information for the approval; and
 (ii) provide the information mentioned in subparagraph (i) to the Secretary; and
 (f) while the approval is in force, the person will ensure that the supporting information for the approval is kept up‑to‑date; and
 (g) the person will comply with:
 (i) the conditions to which the approval will be subject; and
 (ii) any other requirements of the Act, this instrument, or an instrument made under the Act or this instrument that apply in relation to the person or the type of road vehicle component.
 (2) For the purposes of subparagraph (1)(a)(i) and paragraph (3)(a), the Secretary may take into account only the following matters:
 (a) the results of testing:
 (i) conducted under a testing facility approval; or
 (ii) conducted by a person who holds a testing facility approval but did not at the time the testing was conducted;
 (b) an approval or other document:
 (i) issued by the government of a foreign country that is a contracting party to the 1958 Agreement, or by a