Document ID: chunk:federal_register_of_legislation:C2022C00138:clause:3_12:p1
Version: federal_register_of_legislation:C2022C00138
Segment Type: clause
Provision Reference: sch 3 cl 12 (pt 1/2)
Character Range: 23709–26392

12  Transition of approval to supply nonstandard vehicles to a road vehicle type approval
(1) If:
 (a) a person is the holder of:
 (i) an approval under section 14A of the Motor Vehicle Standards Act 1989 or regulation 20 of the Motor Vehicle Standards Regulations 1989 that is in force immediately before commencement, as mentioned in subitem 11(1); or
 (ii) an approval under section 14A of the Motor Vehicle Standards Act 1989 or regulation 20 of the Motor Vehicle Standards Regulations 1989 because of a decision by the Minister allowed by subitem 11(2); and
 (b) during the 6 month period beginning immediately after commencement, the person:
 (i) provides to the Minister, in the approved form, written acknowledgement of the conditions applying to road vehicle type approvals, as set out in the rules, and that breach of any of those conditions is an offence under the new law; and
 (ii) provides to the Minister, in the approved form, a signed declaration that the person satisfies the conditions applying to road vehicle type approvals, as set out in the rules, in respect of the type of vehicle covered by an approval mentioned in paragraph (a) (the old approval); and
 (iii) pays the charges payable for the purposes of this paragraph;
then:
 (c) the person is taken to have been granted a road vehicle type approval under the rules in respect of the type of vehicle covered by the old approval for the 5 year period beginning on the day that paragraph (b) is satisfied (the new approval); and
 (d) on that day, the old approval ceases to be in force.
(2) The following provisions have effect in relation to paragraph (1)(b):
 (a) the written acknowledgement mentioned in subparagraph (1)(b)(i) is, for the purposes of section 32 of the Road Vehicle Standards Act 2018, information given, or purportedly given, under or for the purpose of the rules;
 (b) the declaration mentioned in subparagraph (1)(b)(ii) is, for the purposes of section 31 of the Road Vehicle Standards Act 2018, taken to be made in an application for an approval under the rules.
Note: This means that offences and civil penalty provisions for giving false or misleading information or making a false or misleading declaration apply to the making of an acknowledgement and a declaration under paragraph (1)(b).
(3) The following provisions have effect in relation to the new approval:
 (a) evidence that enabled the Minister to grant the old approval is taken to be sufficient to satisfy continued compliance with the relevant criteria for granting the new approval under the rules:
 (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the