Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:192
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 192
Character Range: 256019–258413

192  Considerations in deciding whether to vary, suspend or revoke approval
 (1) Subject to subsection (2), in deciding whether to vary, suspend or revoke an approval under this Division, the Minister or Secretary must take into account the following:
 (a) whether the holder of the approval has engaged in conduct that contravenes or may have contravened road vehicle legislation;
 (b) the likelihood that the holder of the approval will fail to comply with a condition of:
 (i) the approval; or
 (ii) any other approval granted to the holder under this instrument; or
 (iii) an approval held under the Motor Vehicle Standards Act 1989 that continues, or is taken to continue, in force under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018;
 (c) in the case of a road vehicle type approval—whether the use of the type of vehicle to which the approval applies on a public road would pose an unacceptable risk to public safety;
 (d) any other matter that the Minister or Secretary considers relevant.
 (2) The Minister or Secretary may only vary an approval under this Division if the Minister or Secretary is satisfied that, if the approval as varied were the subject of an application under this instrument, he or she would grant the approval.
 (3) Without limiting section 191, the Minister or Secretary may suspend or revoke an approval under this Division if:
 (a) in any case—that person ceases to be satisfied of the matters based on which the approval was granted; or
 (b) for a RAW approval, an AVV approval or a testing facility approval—a cost‑recovery charge that is due and payable in relation to the granting and ongoing operation of the approval has not been paid.
Note: For cost‑recovery charges in relation to the granting and ongoing operation of an approval, see subsection 254(1).
 (4) In the case of a testing facility approval, if:
 (a) the facility at which testing is carried out is in a foreign country; and
 (b) an audit of the facility is undertaken by the government, or by a body or organisation, of that or another country; and
 (c) the Secretary considers that information in the audit is relevant to whether or not the holder of the approval has failed to comply with a condition of the approval;
the Secretary may take the information into account in deciding whether to vary, suspend or revoke the approval under this Division.