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Criteria for deciding an application for an AVV approval

Meeting eligibility criteria

The Secretary or delegated decision maker (the decision maker) needs to be satisfied that you meet all the eligibility criteria set out under section 93 of the Road Vehicle Standards Rules 2019 (the Rules).

The details in Table 1 below outline all the eligibility criteria you need to meet and what the department expects you will have in place to meet them. Other considerations may also taken into account (under section 94 of the Rules). One of these considerations may be where key corporation management personnel, or the corporation itself, have or may have contravened road vehicle legislation.

Appropriate staff, technology, equipment and procedures are also described in the Road Vehicle Standards (Verification of Road Vehicles) Determination 2020 made under section 106 of the Rules. This determination sets out requirements and the kinds of verification procedures that must be followed. More details about verification processes and the steps an AVV is required to undertake are available in the Guide to operating as an approved AVV.

Table 1 Expectations against eligibility criteria to be granted an AVV approval
Rules reference Eligibility criterion What the applicant is expected to have in place or provide

93(a)(i)

Has, or has access to the technology, equipment and procedures to inspect road vehicles in accordance with the requirements set out in a determination made under section 106 of the Rules.

You are expected to confirm that you have, or have access to, equipment required by the Road Vehicle Standards (Verification of Road Vehicles) Determination 2020.

This means that you have technology and equipment suitable to inspect modifications, identify damage or corrosion and assess accuracy of odometers.

Your procedures must include instructions on how verifications must be undertaken to ensure the AVV's approval conditions are met. Further detail is available in the Guide to operating as an approved AVV (PDF: 1092 KB). A checklist outlining what your procedures need to contain is in the Checklist for AVVs verifying road vehicles manufactured or modified by a registered automotive workshop (RAW).

The procedures could be a series of instructional manuals or a set of instructions for staff to follow each time they conduct a verification. We expect the verification procedures will provide detailed step-by-step instructions, diagrams and guidance on how to conduct verifications.

Further detail about equipment requirements is available in the Guide to operating as an approved AVV (PDF: 1092 KB).

If you have indicated that you have access to the technology and equipment, you will be required to have sufficient information about the contractual arrangements or written agreements for specific services.

Maintaining and calibrating equipment and technology must also be in accordance with any requirements set out in the Road Vehicle Standards (Verification of Road Vehicles) Determination 2020.

93(a)(ii)

Has, or has access to, appropriately skilled staff to carry out such inspections.

You are expected to provide information about all the staff you have, or have access to, who will be carrying out vehicle inspections and verifications under the AVV approval, as required by the scope and categories of the approval (i.e. mechanical or electrical), including:

  • name of each skilled staff member
  • their automotive qualification/s and level of experience, such as:
    • panel beater—to verify the level of damage or corrosion of the road vehicle
    • parts interpreter—to ensure the correct parts have been used
    • mechanical engineer/mechanic—to verify the road vehicle has been manufactured or modified in accordance with the latest version of the approved Model Report
    • welder—to verify the welds due to modifications
    • automotive electrician—to verify the electrical work, particularly for left to right hand conversions
  • relevant automotive membership/s held.

If you indicate that you have access to skilled staff, you are required to provide sufficient information about the contractual arrangements or written agreements for each skilled staff member.

93(b)(i)

Is not  a RAW approval holder.

Confirmation that the corporation that will hold an AVV approval, if granted, does not hold any interests, roles or responsibilities with a corporation that holds a RAW approval.

93(b)(ii)

Neither the corporation nor any member of its key management personnel holds shares or has any other financial interest in a corporation that holds a RAW approval.

Confirmation the corporation that will hold an AVV approval, if granted, or any member of its key personnel, do not, also hold any shares or financial interests of a corporation that holds a RAW approval.

Key management personnel, of a body corporate means persons who have authority and responsibility for planning, directing and controlling the activities of the body corporate (whether directly or indirectly) and includes any director (whether executive or otherwise) of the body corporate.

93(b)(iii)

The key management personnel of the corporation are not key management personnel, or employees, of a corporation that holds a RAW approval.

Confirmation that the corporation that will hold an AVV approval, if granted, does not employ any member of its key personnel or other employees who are also key management personnel or employed by a corporation that holds a RAW approval.

93(b)(iv)

The corporation has in place effective arrangements to reduce the likelihood that conflicts of interest will arise in relation to activities undertaken by the corporation under the AVV approval, and to ensure that any such conflicts that arise are appropriately managed.

You are expected to have in place and provide copies of procedures that demonstrate how the corporation ensures the likelihood of any conflicts of interest are effectively managed, including:

  • steps to identify a conflict of interest
  • steps to manage a conflict of interest
  • steps to remove a conflict of interest
  • registers of disclosed, recorded and actions taken to manage conflicts of interest
  • records of restricted activities where key personnel should minimise their involvement due to likely conflicts of interest
  • procedures that monitor the likelihood of a conflict of interest
  • audit or other review processes that deal with conflict of interest.

93(c)

The corporation will comply with the conditions the approval will be subject to.

You are expected to be able to demonstrate that you meet this eligibility criterion by ensuring that you have processes and procedures in place that assure the decision maker that you are:

  • able to comply with all of the standard and specified conditions within the approval, if granted, and
  • are able to meet all other requirements of the Road Vehicle Standards Act 2018, the Rules or any instrument under Road Vehicle Standards legislation applying to the corporation as the AVV approval holder.

More details about an AVV approval holder's responsibilities will be available in the Guide to operating as an approved AVV (PDF: 1092 KB).