LOUISE BURNS and SECRETARY, DEPARTMENT OF INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND LOCAL GOVERNMENT

[2010] AATA 33

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 33

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2009/1954

GENERAL ADMINISTRATIVE DIVISION		)
Re		LOUISE BURNS

Applicant

And SECRETARY, DEPARTMENT OF INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND LOCAL GOVERNMENT

Respondent

DECISION

Tribunal Deputy President D G Jarvis

Date18 January 2010

PlaceAdelaide

Decision

For the reasons referred to in the Tribunal’s decision dated 18 December 2009 (reported as [2009] AATA 972) and for the reasons attached, the Tribunal sets aside the decision under review, and in place of that decision, decides that the applicant’s application to import the Subaru Forester vehicle referred to in the application dated 27 February 2009 be approved, subject to the following conditions:

(a)      the vehicle complying (through any necessary modifications) with registration requirements in the jurisdiction in which the vehicle is to be registered, as soon as practicable after the applicant takes delivery of the vehicle in Australia; and

(b)      once endorsed by the registration authority of that jurisdiction, the vehicle being fitted with a Personal Import Plate, being a plate customarily issued by the Department in the case of importations under Regulation 11 and which is intended to give notice to prospective users that that the vehicle was personally imported rather than manufactured in Australia or imported commercially.

.........................................
  D G Jarvis
  (Deputy President)

CATCHWORDS

TRANSPORT – motor vehicle importation – non-standard vehicle – approval of importation – imposition of conditions – decision under review set aside.

Motor Vehicle Standards Act 1989 (Cth), s 18

Motor Vehicle Standard Regulations 1989 (Cth), Regulations 11(2)

REASONS FOR DECISION

18 January 2010   Deputy President D G Jarvis

1.      In a decision dated 18 December 2009, I set aside a decision of the respondent to refuse to approve the importation of the applicant’s motor vehicle, and decided to grant approval of the importation.  I also reserved liberty to the respondent to make submissions as to any conditions to which the approval should be subject.

2.      The respondent subsequently proposed two conditions to the effect of the two conditions to which my above decision has been made subject.

3.      After receiving clarification of the matters that are now the subject of condition (b) above, the applicant indicated that she was not opposed to the imposition of the proposed conditions.

4.      In proposing the suggested conditions, the respondent explained that the Personal Import Plate is intended to give notice to prospective users that the vehicle was personally imported, rather than manufactured in Australia or imported commercially, and that from a practical perspective, the plate might assist those who might be registering the vehicle later, such as new owners, who may not have a copy of the original vehicle import approval.

5.      I consider that the conditions are appropriate, and the approval to the importation of the vehicle will accordingly be subject to the conditions that appear in paragraphs (a) and (b) of my above decision.

I certify that the 5 preceding paragraphs are a
true copy of the reasons for the decision
herein of Deputy President D G Jarvis

Signed:         .....................................................................................
           L. Staker  Associate

Date/s of Hearing  7 December 
Date of Decision  18 December 2009
Applicant  In person 
Counsel for the Respondent     Mr A Dillon 
Solicitor for the Respondent     Australian Government Solicitor