Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:129:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 129 (pt 1/2)
Character Range: 177792–180405

129  Eligibility for entry on SEVs Register

Eligibility for entry on the SEVs Register
 (1) A variant of a model, or a make and model, of a road vehicle is eligible for entry on the SEVs Register if the Secretary is satisfied that:
 (a) the variant of the model, or the make and model:
 (i) has not been made available to consumers in Australia, at any time, under a road vehicle type approval or an approval given under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989; or
 (ii) has been made available to consumers in Australia and section 129A applies; and
 (b) at least 3 months have passed since the variant of the model, or the make and model, was first made available to a consumer in any market in the world; and
 (c) the variant of the model, or the make and model, satisfies:
 (i) the performance criterion; or
 (ii) the environmental criterion; or
 (iii) the mobility criterion; or
 (iv) the left‑hand drive criterion; or
 (v) the campervans and motorhomes criterion; or
 (vi) the rarity criterion.
Note: See subsection (3) for when a variant of a model, or a make and model, of a road vehicle has been made available to consumers in Australia.

Multiple variants—Secretary may consider globally
 (2) Where a person applies for more than one variant of a model of a road vehicle to be entered on the SEVs Register, the Secretary may be satisfied that each variant meets the criteria in subsection (1) on the basis of evidence that all variants covered by the application meet those criteria.
Example: A person applies for entry on the SEVs Register of all V8‑engined variants of a particular model of a road vehicle. Because of subsection (2), the person can provide evidence demonstrating that all of the V8 variants meet the requirements in subsection (1), without performing specific variant‑by‑variant analysis. The Secretary may then make a global assessment of whether all of the variants covered by the application meet the relevant criteria.
Note: Section 138 also affects how the eligibility criteria apply where a person seeks entry of more than one variant on the SEVs Register.

When a variant or model is available to consumers in Australia
 (3) To avoid doubt, a variant of a model, or a make and model, of a road vehicle will have been made available to consumers in Australia at a particular time if such consumers had the opportunity to purchase a vehicle of the variant or model, even if no such vehicles had been physically delivered to consumers in Australia at that time.

Transitional eligibility—vehicles on the SEVs List
 (4) A variant of a model, or a make and