Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:202
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 202
Character Range: 266202–268228

202  Automatic suspension: compliance with new or amended road vehicle standards
 (1) A road vehicle type approval or road vehicle component type approval is automatically suspended, by force of this section, if:
 (a) a national road vehicle standard is amended, or a new national road vehicle standard is made; and
 (b) the new or amended standard would affect the requirements that apply to:
 (i) vehicles covered by a road vehicle type approval; or
 (ii) road vehicle components covered by a road vehicle component type approval; and
 (c) the new or amended standard is to apply in relation to those vehicles or road vehicle components from a particular time (the applicability time) after the standard is registered on the Federal Register of Legislation; and
 (d) those vehicles or road vehicle components would, if provided after the applicability time, be required to comply with the new or amended standard; and
 (e) the Secretary has not, before the applicability time:
 (i) varied the road vehicle type approval or road vehicle component type approval under subsection 197(2) on the application of the holder of the approval; or
 (ii) decided, after considering the application of the holder of the approval, that it is not necessary to vary the approval under subsection 197(2) on the basis that the vehicles or components covered by the approval already comply with the new or amended standard.
 (2) The suspension:
 (a) starts at the applicability time; and
 (b) ends on the day that the Secretary:
 (i) varies the approval under paragraph subsection 197(2); or
 (ii) decides, after considering the application of the holder of the approval, that it is not necessary to vary the approval under subsection 197(2) on the basis that the vehicles or components covered by the approval already comply with the new or amended standard.
 (3) The Secretary must notify the holder of the approval in writing of the suspension.

Part 8—Recalls of road vehicles or approved road vehicle components

Division 1—Introduction