Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:89:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 89 (pt 1/2)
Character Range: 138819–141598

89  Determination—compliance with standards
 (1) A determination may only be made under subsection (2) in relation to a model, or one or more variants, of a road vehicle in relation to which a Model Report may be approved, other than a trailer with an aggregate trailer mass of more than 4.5 tonnes.
 (2) The Minister may, by legislative instrument, determine the following:
 (a) standards that apply to road vehicles manufactured or modified in accordance with a Model Report;
 (b) matters relating to the material to be taken into account by the Secretary when deciding an application for approval of a Model Report, including by doing one or more of the following:
 (i) specifying the kinds of material that the Secretary may or must consider;
 (ii) specifying limits on the kinds of material that the Secretary may consider;
 (iii) specifying that the Secretary can only be satisfied that a Model Report satisfies an eligibility criterion set out in section 72, 73 or 75 on the basis of certain kinds of material;
 (c) how to ascertain which national road vehicle standards are the applicable national road vehicle standards in respect of a vehicle of a model or variant mentioned in subsection (1).
 (3) Without limiting subsection (2), a determination may do the following:
 (a) provide that the Secretary may only be satisfied that vehicles would comply, or substantially comply, with an applicable national road vehicle standard or standard determined under paragraph (2)(a) on the basis of testing:
 (i) conducted under a testing facility approval; or
 (ii) conducted by a person who holds a testing facility approval but did not at the time the testing was conducted;
 (b) require evidence to be given to the Secretary from approved testing facilities for the purposes of becoming satisfied of that matter;
 (c) set out a method for determining which version of a national road vehicle standard applies to a vehicle;
 (d) set out concessional requirements relating to testing evidence.
Note 1: Under subsection 82(6) of the Act, a determination made under subsection 89(2) of this instrument may apply, adopt or incorporate, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Note 2: Under subsection 14(1) of the Legislation Act 2003, a determination made under subsection 89(2) of this instrument may apply, adopt or incorporate, with or without modification, the provisions of a disallowable legislative instrument as in force at a particular time (such as the national road vehicle standards determined under section 12 of the Act, or the vehicle standards determined under section 7 of the Motor Vehicle Standards Act 1989).
 (4) A determination made for the purposes of this section may