Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:40:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 40 (pt 1/2)
Character Range: 75015–77695

40  Eligibility criterion—trailers
 (1) A road vehicle satisfies the eligibility criterion set out in this section if the Minister is satisfied that:
 (a) in the 12‑month period before the application is made:
 (i) where the application relates to a trailer with an aggregate trailer mass of 4.5 tonnes or less—the applicant has not been granted concessional RAV entry approvals in respect of 4 or more such trailers on the basis of the eligibility criterion in this section; or
 (ii) where the application relates to a trailer with an aggregate trailer mass of more than 4.5 tonnes—the applicant has not been granted concessional RAV entry approvals in respect of 4 or more such trailers on the basis of the eligibility criterion in this section; and
 (b) subsection (2), (3), (4) or (5) applies.

Trailers with an aggregate trailer mass of 4.5 tonnes or less—full compliance
 (2) This subsection applies if:
 (a) the road vehicle is a trailer with an aggregate trailer mass of 4.5 tonnes or less; and
 (b) the application includes a signed declaration by the applicant that the trailer complies, or will comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made.

Trailers with an aggregate trailer mass of 4.5 tonnes or less—substantial compliance
 (3) This subsection applies if:
 (a) the road vehicle is a trailer with an aggregate trailer mass of 4.5 tonnes or less; and
 (b) the application includes:
 (i) details of the respects in which the trailer does not comply, or will not comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made; and
 (ii) a signed declaration by the applicant that the trailer, in all other respects, complies, or will comply at the time it is entered on the RAV, with those standards; and
 (c) either:
 (i) the trailer's non‑compliance with the applicable national road vehicle standards, as in force at the time the Minister decides the application, is or would be only in minor and inconsequential respects; or
 (ii) where subparagraph (i) does not apply—the trailer complies or would comply with the applicable national road vehicle standards, as in force at the time the Minister decides the application, to an extent that makes it suitable for use on a public road in Australia.

Trailers with an aggregate trailer mass of more than 4.5 tonnes—full compliance
 (4) This subsection applies if:
 (a) the road vehicle is a trailer with an aggregate trailer mass of more than 4.5 tonnes; and
 (b) the application includes:
 (i) a signed declaration by the applicant that