Basic information
Outline of the system
Importation into Australia of road vehicles is controlled under the Road Vehicle Standards Act 2018 (the Act) and Road Vehicle Standards Rules 2019 (the Rules) The Act and the Rules commenced in full on 1 July 2021 and replaced the now repealed Motor Vehicle Standards Act 1989 (MVS Act) and associated regulations and determinations.
Product coverage
Under the Act, approvals are required to import road vehicles into Australia. (However, approvals are not required in circumstances 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 national road vehicle standards or are substantially compliant where the non-compliance is minor or inconsequential, 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 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'.
Following the repeal of the MVS Act, approvals are available temporarily for certain vehicles to be imported into Australia. These approvals are 'transitional import approvals'. Arrangements for transitional import approvals limit the quantity of certain used vehicles that can be imported into Australia by the holders of these approvals. These quantity limits do not depend on the country from which these vehicles are imported into Australia.
Certain road vehicles that are outside Australia can be approved for reimportation into Australia. The relevant approvals are 'reimportation import approvals'.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
A purpose of the Act is to set nationally consistent performance-based standards that road vehicles must comply with before being provided in Australia. Another purpose of the 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 Act aims to achieve these purposes by requiring approvals to import road vehicles into Australia.
Questions for products under restriction as to the quantity or value of imports
Not applicable
The system applies to products originating from which country?
The requirement in the Act for an approval to import a road vehicle into Australia applies to the importation of all road vehicles from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Act and the Rules are published on the Federal Register of Legislation, accessible at https://www.legislation.gov.au/Details/F2022C00421
Legislative requirements for approvals are set out in the Rules. Controls on the import of road vehicles are statutory requirements and cannot be abolished without legislative approval.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
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.
Following the repeal of the MVS Act, approvals ('transitional import approvals') are available temporarily for certain unrestricted volume two-wheeled or three-wheeled vehicles. These transitional import approvals can only be applied for by holders of approvals granted under section 21B of the MVS Act that remain in force under the Consequential and Transitional Provisions Act.
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 Rules, includes requirements that apply to the applicant. These requirements include that, as at the date of the application for an approval, the applicant:
• is entitled to remain in Australia indefinitely, or
• 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
• 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.
Following the repeal of the MVS Act, approvals ('transitional import approvals') are available temporarily for certain used vehicles. These transitional import approvals can only be applied for by holders of approvals granted under section 21B of the MVS Act that remain in force under the Consequential and Transitional Provisions Act 2018.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
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 – Road Vehicle Regulator 'ROVER'. ROVER is accessible at the website of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
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 certain road vehicle legislation. Application forms are electronic and can be accessed by registered users of the department's online application system – Road Vehicle Regulator 'ROVER'. ROVER is accessible at the website of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
What documents is the importer required to supply with the application?
Applications for transitional import approvals require applicant details, evidence that the applicant holds a valid import plate approval IPA (IPA) under the MVS Act, information and declarations to confirm the make and model of vehicle being imported and that it is covered by the terms of the IPA, evidence to confirm that the vehicle has been plated according to the requirements specified in the IPA, information to confirm the reasons for importing the vehicle, information to confirm its intended usage, and the importation date. The information and documents required in particular applications will depend on the particular circumstances. Application forms are electronic and are accessible to eligible applicants through the Vehicle Import System (VIS). VIS is accessible at the website of the Department of Infrastructure, Transport, Regional Development and Communications.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations on the period of the year for the submission of applications for approvals.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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. However, these timeframes will be longer if further information or an inspection is requested to assist in the assessment process.
Which administrative body is responsible for approving application of licences?
Applications for approvals are considered by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Under the Rules, conditions set out in the Rules apply to approvals under concessional import arrangements to import into Australia a Vehicle Import Approval for a road vehicle that does not comply with Australian Design Rules is to be imported as part of the person's personal effects, approvals under concessional import arrangements to import into Australia a road vehicle that is a trailer, and transitional import approvals that are available temporarily for certain used vehicles. These approvals can also be subject to any additional conditions specified in the approvals.
Fees and other administrative charges
Is there any licensing fee or administrative 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 Rules.
What is the amount of the fee or charge?
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 Rules.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
There are no circumstances under which applications for approvals are refused other than failure to meet the statutory criteria in the Rules.
Are the reasons for any refusal given to applicants?
Reasons are provided to the applicant where a refusal is issued.
Have applicants a right of appeal in the event of refusal to issue a licence?
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.
If so, to what bodies and under what procedures?
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.
Importation
Are there any limitations as to the period of year during which importation may be made?
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.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A road vehicle type approval remains in force for seven years, 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 transitional 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. 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.
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.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Approvals are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.