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Details of AVV approval conditions

Note: The sections of the Road Vehicle Standards Rules 2019 (the Rules) referred to in this table are correct at the time of consultation. Amendments may be made before the starting date for AVVs. Any changes will be advised on the department's website.

Rules referenceCondition detailExpectations

Section 100—condition about the conduct of road vehicle verifications

(Note: The AVV will also be required to carry out verifications in accordance with the Road Vehicle Standards (Verification of Road Vehicles) Determination 2020 made under section 106.

Declaration from a RAW approval holder
For a road vehicle manufactured or modified by a registered automotive workshop (RAW), the AVV can only verify the vehicle if they:

  • have received a declaration from the RAW that the vehicle was manufactured or modified in accordance with the latest version of a Model Report for that vehicle and the RAW is authorised to use that Model Report
  • are satisfied that the declaration is true and accurate.

In accordance with the determination made under s106 of the Rules, an AVV must be satisfied that the declaration made by the RAW is true and correct by checking:

  • the Model Report version used by the RAW is the same as the Model Report version and verification checklist provided by the department to the AVV, and
  • where the RAW is the Model Report approval holder, there is evidence that both approvals were issued to the same entity, or
  • where the RAW is not the Model Report approval holder, the declaration is accompanied by a letter from the Model Report approval holder authorising use of the Model Report by the RAW for:
    • the specific vehicle subject to the verification, or
    • multiple vehicles for which the particular vehicle subject to the verification is identifed; or
    • unlimited vehicles.

Manufactured or modified in accordance with an approved Model Report

An AVV must only verify a road vehicle (or modifications to a road vehicle) if they have inspected the vehicle.

Where the vehicle was required to be manufactured or modified in accordance with the latest version of an approved Model Report for that vehicle, the AVV approval holder must be satisfied that, on verification:

  • the vehicle has been modified or manufactured in accordance with the latest version of the approved Model Report
  • the level of damage or corrosion does not exceed the threshold specified by a Determination under section 107 of the Rules
  • The vehicle's odometer is accurate.

The AVV must ensure that each vehicle verification check in the section 106 Determination is undertaken. They must refuse to verify a road vehicle that fails any of the verification checks. Checks undertaken are:

    • Scope—to ensure the road vehicle being verified is the vehicle the Model Report relates to.
    • Modifications—all the requirements specified in the verification checklist of the Model Report are met
    • Deterioration—confirm the vehicle meets each deterioration check contained in the Model Report.
    • Damage and corrosion—confirm any damage or corrosiion is within the limits of the section 107 Determination.
    • Odometer—accuracy of the odometer

Condition specified in an RVS approval

Where a condition specified in an RVS approval requires a road vehicle (or modifications) to be verified by the AVV, it must only verify the vehicle if it:

  • has inspected the vehicle in accordance with the requirements specified in the condition, and
  • is satisfied that the vehicle meets the requirements specified in the condition.

Where a verification is conducted because of a condition in an RVS approval for a:

the verification must be conducted in line with the specified requirements of the condition set out in the approval.

Verification report

Where the AVV conducts verification of a road vehicle (or modifications) it must:

  • complete the verification report for the vehicle stating whether or not the vehicle (or any modifications) are verified
  • where the vehicle (or modifications) is not verified, provide a copy of the verification report to the department within 1 business day after the verification report is completed.

Verification report associated with an approved Model Report

Where the AVV completes a verification report for the modification or manufacture of a road vehicle in accordance with an approved Model Report, the verification report must include the verification checklist from the Model Report.

The AVV is expected to complete verification reports for vehicles that were verified and vehicles that failed verification.

For vehicles that are verified, you must notify the department of the outcome of the verification within 3 business days of completing the verification.

If the vehicles are not verified, you must notify the department of the result within 1 business day of completing the verification report and provide the department with a copy of the verification report.

Note: The verification report (for a vehicle manufactured or modified by a RAW) must be completed in the approved form. Details of the information required to be included in the report are at Appendix 2 and 3 in the Guide to operating as an approved AVV.

Section 101—condition about quality assurance and location of verification

The AVV approval holder must:

  • maintain the technology and equipment to verify road vehicles,
  • ensure such verifications are only carried out by appropriately skilled staff,
  • develop and maintain procedures used to verify road vehicles in accordance with requirements in the s106 Determination,
  • comply with the procedures the AVV maintains and uses to verify road vehicles,
  • ensure all verifications carried out under the approval take place in Australia.

Maintaining technology, equipment and procedures must follow the requirements set out in the section 106 Determination. (see: Equipment and technology, page 18, in the Guide to operating as an approved AVV.)
Where the equipment and technology is outsourced, the AVV must have procedures in place to ensure the technology and equipment meet section 106 Determination requirements.

An AVV is expected to:

  • maintain staffing skills and requirements
  • have procedures in place ensuring staff allocated verifications have appropriate skills for that particular check

All verifications must be carried out in accordance with the procedures developed and maintained by the AVV approval holder, and be in accordance with the requirements of the Road Vehicle Standards (Verification of Road Vehicles) Determination 2020.

Section 102—condition about conflicts of interest

Must not be a RAW approval holder

The approval holder must not apply for a RAW approval.

All road vehicles modified by a RAW must be verified by an AVV before they can be placed on the RAV. If an AVV also held a RAW approval or had a financial interest in a RAW, this would undermine the independence in vehicle inspections carried out by the AVV.

No interests held with a RAW approval holder

The holder and key management personnel must not acquire shares or any other financial interest in a corporation that holds a RAW approval.

The AVV must not verify a vehicle if either they or any key management personnel or staff, owns or has a financial interest in, a corporation that holds a RAW approval.

Any key management personnel or staff must not be influenced by external pressure to verify vehicles that do not meet the verification checklist set out in an approved Model Report applying to the vehicle.

A financial interest might include ownership or part ownership of the vehicle. It might also include other forms of interest that would be profitable, such as gaining benefit from a positive verification.

Effective arrangements to reduce the likelihood of a conflict of interest

The approval holder must have arrangements in place to deal with conflicts of interest and comply with those arrangements.

They must, when requested in writing by the Secretary or an inspector, provide evidence that those arrangements are in place.

The arrangements must reduce the likelihood that a conflict of interest will arise in relation to the verification activities undertaken by the AVV approval holder.

The arrangements must reduce the likelihood a conflict of interest will occur and set out how it would be managed. This accepts that certain conficts of interest may arise in the course of conducting an AVV verification. Sufficient arrangements must be in place to address any conflict of interest. For example, training staff to identify where conflict of interest occurs and detailing steps to take when it does.

An AVV needs to have written arrangements to manage conflict of interest they may be required to provide to the department when requested to do so. More details about conflict of interest is available at: AVVs and conflict of interest.

Section 103—condition about record keeping

The approval holder must retain reports or records (or a copy) for 7 years, starting on the day the report or record is made.

The following reports and records must be retained:

  • verification report
  • verification checklist
  • record of any information that the applicable Model Report requires the holder to review.

This allows the department to conduct compliance tasks such as documentary assessments.

Section 104—condition about providing information to the department

The approval holder must provide, on written request by the Secretary or an inspector, within the time specified in the request:

  • information reasonably required to assess whether they are complying with the Act, the Rules or an instrument made under the Act or Rules
  • written answers to questions, specified in the request, about road vehicles verified under the approval, and
  • to assess whether road vehicles entered on the RAV comply with the applicable national road vehicle standards, or standards determined by the Minister, allow or arrange for the Secretary or an inspector to inspect premises where road vehicles are verified under the approval or the technology or equipment used to inspect vehicles or things, incuding documents, associated with the verification process.

The approval holder is expected to comply with the request within a reasonable time as specified in the request. The department will work with the AVV and take into account:

  • the amount of information requested
  • the urgency of the request
  • the complexity of the request
  • whether information is already available, and
  • whether fulfilling the request requires a degree of consideration, research, collaboration or liaison.

The information requested is not limited to written material but may also be made available in video or photographic format or by other means.

While the primary use of this condition is for conducting documentary assessments relevant to the approval, there are situations where physical audits may be required.

Where a physical inspection is required, the approval holder must arrange for the Secretary (or delegate) or an inspector to carry out an inspection.

Physical inspections are not designed to be an investigation power, although observations made, and information received, during access to premises, may later be used in proceedings against the approval holder.

An AVV may be required to arrange for inspection at premises used by third parties to assess whether road vehicles entered on the RAV comply with applicable national road vehicle standards. In these circumstances we expect the AVV to be able to provide details of the contact person the department can make arrangements with to conduct the inspection.

This condition does not allow the department to enter premises of third parties without the consent of the AVV or the third party. However, if the third party does not allow inspection of their premises, the AVV approval holder may be in breach of this condition, which is an offence.

Section 105—condition about notifying the department of errors in RAV entries

If the approval holder becomes aware of an error in information entered on the RAV under the approval they must notify the department of the error as soon as practicable after becoming aware of it.

Errors may include anything from data entry mistakes to fraudulent entries.

This condition will assist in assuring that information kept on the RAV is current and accurate.

Section 99(a)—specified condition about notifying the department of any change of key management personnel details

The AVV must notify the department, as soon as practicable, of any change to the details of key management personnel information.

The AVV is expected to have processes in place to update their key management personnel details, so they:

  • identify when changes have occurred and
  • notify the department,as soon as practicable, of those changes.

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Last Updated: 3 March, 2021