Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:38
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 38
Character Range: 70900–72032

38  Eligibility criterion—special purpose vehicle
 (1) A road vehicle satisfies the eligibility criterion set out in this section if the Minister is satisfied that the vehicle:
 (a) does not comply with the applicable national road vehicle standards as in force at the time the Minister decides the application; and
 (b) would not be able to operate for the purpose for which it was designed if:
 (i) it were modified to comply with those standards; or
 (ii) its original design were in accordance with those standards; and
 (c) complies 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.
 (2) A road vehicle satisfies paragraph (1)(c) only if, were the vehicle used on a public road in Australia, it:
 (a) would not pose an unacceptable risk to public safety; and
 (b) would be appropriate for such use.
 (3) Without limiting subsection 33(1), the Minister may require the applicant to provide evidence of the matter in paragraph (1)(c) for the purpose of becoming satisfied of that matter.