Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:76
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 76
Character Range: 119753–121705

76  Circumstances in which substantial compliance permitted

Substantial compliance with standards determined under subsection 89(2)
 (1) A road vehicle satisfies this subsection if:
 (a) the vehicle substantially complies with the applicable standards determined by the Minister under subsection 89(2) as in force at the time the Model Report is approved; and
 (b) either:
 (i) the vehicle's non‑compliance with those standards is only in minor and inconsequential respects; or
 (ii) where subparagraph (i) does not apply—the vehicle complies with those standards to an extent that makes it suitable for use on a public road in Australia.

Substantial compliance with national road vehicle standards
 (2) A road vehicle satisfies this subsection if:
 (a) the vehicle substantially complies with:
 (i) for a vehicle mentioned in section 74—the applicable national road vehicle standards as in force at the time the Model Report is approved; and
 (ii) otherwise—the applicable national road vehicle standards; and
 (b) either:
 (i) the vehicle's non‑compliance with those standards is only in minor and inconsequential respects; or
 (ii) where subparagraph (i) does not apply—the vehicle complies with those standards to an extent that makes it suitable for use on a public road in Australia.
Note: The determination made under subsection 89(2) may set out how to ascertain which national road vehicle standards are the applicable national road vehicle standards. However, a determination under section 89 cannot be made in relation to a model, or one or more variants, of a vehicle mentioned in section 74 (a trailer with an aggregate trailer mass of more than 4.5 tonnes).

Suitability for use on a public road
 (3) A road vehicle satisfies subparagraphs (1)(b)(ii) and (2)(b)(ii) only if, were the vehicle used on a public road in Australia, it:
 (a) would not pose an unacceptable risk to public safety; and
 (b) would be appropriate for such use.