Road vehicles
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Importation into Australia of road vehicles is controlled under the Road Vehicle Standards Act 2018 (the RVS Act) and Road Vehicle Standards Rules 2019 (the RVS Rules). The RVS Act and the RVS Rules commenced in full on 1 July 2021 and replaced the Motor Vehicle Standards Act 1989 (MVS Act) and associated regulations and determinations.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Under the RVS Act, road vehicles are generally prohibited from being imported into Australia unless a person is permitted to do so by holding a valid import approval (in limited circumstances, approvals are not required where road vehicles are imported under certain International Conventions, where the importation is covered by certain Australian customs by-laws, and where the importation is of certain Australian Defence Force Road vehicles).
The various approvals are described below.
Road vehicles that are imported under "road vehicle type approvals" include vehicles that are fully compliant with Australia's national road vehicle standards or are substantially compliant where the non-compliance is only in minor or inconsequential respects, sufficient to make the vehicles suitable for provision in Australia for use on a public road.
Road vehicles that are approved for importation under concessional import arrangements are vehicles not otherwise available in Australia, or subject to other special circumstances, and which do not or cannot meet the national road vehicle standards. These vehicles may have particular features such as being high performance, low emission, or having accessibility features, or they may be designed to perform particular specialised jobs that fully compliant vehicles are not capable of performing while still fulfilling their intended purpose. Concessional import arrangements limit the quantity of road vehicles that can be imported into Australia by the holders of relevant approvals, where those vehicles are personal effects or trailers. These quantity limits do not depend on the country from which these vehicles are imported into Australia. Road vehicles subject to concessional import arrangements are covered by 'concessional Register of Approved Vehicles (RAV) entry approvals'.
Road vehicles that are not, generally, to be used on a public road can also be approved for importation - for example, vehicles to be used in a race or rally, in testing and evaluation, or for public exhibition. These road vehicles are covered by 'non-RAV entry import approvals'.
Certain road vehicles that are outside Australia can be approved for reimportation into Australia. The relevant approvals are 'reimportation import approvals'.
Q3. The system applies to goods originating in and coming from which countries?
The requirement in the RVS Act for an approval to import a road vehicle into Australia applies to the importation of all road vehicles from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
A purpose of the RVS Act is to set nationally consistent performance-based standards that road vehicles must comply with before being provided in Australia. Another purpose of the RVS Act is to provide consumers in Australia with a choice of road vehicles that:
- meet safety and environmental expectations of the community;
- use energy conservation technology and anti-theft technology; and
- are able to make use of technological advancements.
The RVS Act aims to achieve these purposes by requiring approvals to import road vehicles into Australia.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The RVS Act and the RVS Rules are published on the Federal Register of Legislation, accessible at https://www.legislation.gov.au/Details/C2021C00555; and https://www.legislation.gov.au/Details/F2022C00421 respectively.
Legislative requirements for approvals are set out in the RVS Rules. Controls on the import of road vehicles are statutory requirements and cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
With the exception of applications for road vehicle type approvals, applications for approvals where there is no quantitative limit on importation are usually assessed within 30 business days. Applications for road vehicle type approvals are usually assessed within 60 business days. However, these timeframes will be longer if further information or an inspection is requested to assist in the assessment process.
Q7.b. Can a licence be granted immediately on request?
Requests for immediate granting of approvals may be submitted for consideration, providing all statutory requirements for applications are met.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations on the period of the year for the submission of applications for approvals.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Applications for approvals are considered by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
There are no circumstances under which applications for approvals are refused other than failure to meet the statutory criteria in the RVS Rules. Reasons are provided to the applicant where a refusal is issued.
Applicants may appeal a refusal decision to the Administrative Appeals Tribunal. Alternatively, an appeal may be made in relation to the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Generally, all persons may apply for approval to import vehicles into Australia. As set out below, some approvals can only be applied for by particular persons, and the granting of some approvals is dependent on whether criteria that relate to the applicant are met.
- Not applicable.
- Under concessional import arrangements, a person can be approved to import into Australia a road vehicle that is to be imported as part of the person's personal effects. The eligibility criterion for the import of personal effects under these arrangements, set out in section 39 of the RVS Rules, includes requirements that apply to the applicant. These requirements include that, as at the date of the application for an approval, the applicant:
o is entitled to remain in Australia indefinitely; or
o has applied to become an Australian citizen or permanent resident, or for a visa that would allow the applicant to remain in Australia indefinitely; or
o is the holder of a visa that entitles the applicant to apply to become a permanent resident, whether or not after a specified period or in specified circumstances.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Applications for road vehicle type approvals require applicant details, vehicle type details, details about relevant design and manufacturing facilities, information about the person's control over design and manufacturing of the relevant road vehicle type, as well as information about compliance with applicable national road vehicle standards and whether the person that would be the approval holder has contravened or may have contravened road vehicle legislation. Application forms are electronic and can be accessed by registered users of the department's online application system, ‘ROVER'. ROVER is accessible at the website of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Applications for concessional RAV entry approvals, non-RAV entry import approvals, and reimportation import approvals require applicant details, certain declarations, road vehicle details, as well as information about road vehicle use, compliance with applicable national road vehicle standards and information about whether the person who would be the approval holder has or may have contravened certain road vehicle legislation. The information and documents required in particular applications will depend on the particular circumstances. Application forms are electronic and can be accessed by registered users of the department's online application system, ROVER.
Q11. What documents are required upon actual importation?
Importers must obtain approval before a road vehicle can be imported into Australia. Importers are advised not to ship their road vehicle to Australia without first obtaining an approval.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Application fees must accompany applications for approvals. The application fee payable depends on the kind of application made. The amounts of the various application fees are set out in Part 10 of the RVS Rules.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A road vehicle type approval remains in force for either five or seven years (as specified on the approval), unless revoked earlier. A concessional RAV entry approval will specify the day that the approval comes into force, and the day (if any) that the approval expires. A non-RAV entry import approval will specify the day that the approval comes into force and, if the approval is for a specified period, the day that the approval expires.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of an approval or a portion of an aproval.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Approvals are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Conditions set out in the RVS Rules apply to approvals under concessional import arrangements to import into Australia a road vehicle that is to be imported as part of the person's personal effects, and approvals under concessional import arrangements to import into Australia a road vehicle that is a trailer. These approvals can also be subject to any additional conditions specified in the approvals.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Administrative requirements of the Australian Border Force and the Department of Agriculture, Fisheries and Forestry must be met before a road vehicle is imported into Australia.