Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:138:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 138 (pt 1/2)
Character Range: 191971–194551

138  When Secretary may make or refuse to make entry on SEVs Register

When Secretary may make entry on SEVs Register
 (1) The Secretary may enter a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register if:
 (a) the make and model, or each relevant variant, is eligible for entry on the SEVs Register under section 129; and
 (b) the make and model, or each relevant variant:
 (i) is not on the SEVs Register; or
 (ii) is on the SEVs Register, but not in relation to the same criterion in sections 130 to 135; or
 (iii) is on the SEVs Register in relation to the same criterion in sections 130 to 135, but the entry is due to expire under section 143 during the 30 business day period mentioned in subsection 137(1).
Note: For the purposes of subparagraphs (1)(b)(ii) and (iii)—where an entry is made on the SEVs Register on the basis of subsection 129(4), the SEVs List will identify the criterion in sections 130 to 135 that is relevant to the make and model, or variant of a model, in question.

Certain entries takes effect after existing entry expires
 (2) If the Secretary enters a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register in the circumstances mentioned in subparagraph (1)(b)(iii), the entry takes effect on the day after the existing entry expires.

Secretary must refuse to enter variant, or make and model, where ineligible
 (3) The Secretary must refuse to enter a variant of a model, or a make and model, of a road vehicle on the SEVs Register if it is not eligible for entry on the SEVs Register under section 129.

Secretary may grant entry based on different eligibility criterion to application
 (4) To avoid doubt, where:
 (a) a person applies for entry of a make and model, or one or more variants of a model, of a road vehicle on the SEVs Register on the basis of a particular eligibility criterion in sections 130 to 135; and
 (b) the Secretary:
 (i) is not satisfied that the make and model, or each relevant variant, satisfies that eligibility criterion; and
 (ii) is satisfied that the make and model, or each relevant variant, satisfies a different eligibility criterion;
the Secretary may enter the make and model, or each relevant variant, on the SEVs Register on the basis of the eligibility criterion mentioned in subparagraph (b)(ii).
Note: For subparagraph (4)(b)(ii)—where a group of variants is concerned, all variants in the group must still be entered on the SEVs Register under the same eligibility criterion.

Multiple variants—ineligibility of some variants