Definitions
The following are definitions from the Motor Vehicle Repairers Act 2003 and the Motor Vehicle Repairers Regulations 2007 and the Motor Vehicle Repairers Amendment Regulations 2008.
| Accessory |
when used in connection with a motor vehicle, includes an accessory originally fitted to the vehicle in the course of manufacturing the vehicle, but does not include - (a) a component that forms, or will form, part of any of the following of the vehicle and that, but for this definition, would be an accessory -
or (b) an air conditioning system that is, or is to be, fitted to the vehicle. |
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Apprentice |
means an apprentice (including a person on probation) under the Industrial Training Act 1975. |
| AUR05 | means version 1 of the training package AUR05 entitled Automotive Industry Training Package Retail, Service and Repair, published by Australian Training Products Ltd. |
| AUR99 | means version 1, 2, 3, or 4 of the training package AUR99 entitled Automotive Industry National Training Package - Retail, Service and Repair Sector, published by Australian Training Products Ltd. |
| Autogas system |
when used in connection with a motor vehicle, means any vehicle fuelled by the following - (a) a compressed natural gas (or CNG) fuel system; |
| Class E permit or authorisation | in relation to a type of gas fuel system, means a permit, or authorisation, as defined in the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 — (a) that is of a grade designated as Class E under those regulations; and (b) under which the holder is authorised to do gasfitting work on that type of gas fuel system. |
| Driveline |
when used in connection with a motor vehicle, means the following in the propulsion system of the vehicle - (a) for a motor vehicle described in paragraph (a) of the definition of "motor cycle" -
(b) for any other motor vehicle -
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| Electrical accessory | means an off the shelf accessory that is designed to be fitted to a motor vehicle principally by way of electrical connection, such as an immobiliser, audio or audio-visual equipment, spotlights, a horn, an electric winder for a window, a navigation system or a parking sensor. |
| Emergency servicing or repair |
when used in connection with a thing diagnosed as the cause or possible cause of the breakdown of a vehicle, means servicing, or repair, that is on-the-spot and of a minor nature and that a person providing a breakdown service is reasonably expected to be required to carry out for the purpose of restoring, or attempting to restore, the vehicle’s mobility, including, if applicable, any of the following — (a) carrying out minor electrical servicing and minor electrical repair; |
| Exclusions from definition of "motor vehicle" (Regulations s.4) |
Each of the following is excluded from the definition of "motor vehicle" in the Act section 3(1) -
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| Exempt motorised wheelchair |
means a motorised wheelchair -
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| Fabricate | when used in conjunction with a thing or system, means to fabricate the thing or system otherwise than in the course of manufacturing a motor vehicle to which the thing or system is to be fitted. |
| Final drive assembly |
when used in connection with a motor vehicle, means the following in the propulsion system of the vehicle -
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| Gas fuel system |
means any of the following types of system -
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| Gross vehicle mass of a motor vehicle |
means the maximum loaded mass of the vehicle -
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| Heavy vehicle | means a motor vehicle that has a gross vehicle mass of more than 8000kg. |
| Ignition system | does not include an immobiliser. |
| Install |
when used in conjunction with a thing or system, means -
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| Light vehicle | means a motor vehicle, not being a motor cycle, that has a gross vehicle mass of not more than 8000kg. |
| Mechanical accessory |
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| Minor electrical repair | means replacing a fuse, bulb or terminal, carrying out wiring repairs or otherwise rectifying any open circuit, short circuit or earthing faults. |
| Minor electrical servicing |
means any of the following -
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| Motor cycle |
means -
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| Motor Vehicle (Motor Vehicle Repairers Act 2003 s.3) |
means a vehicle that is propelled wholly or partly by - (a) any volatile spirit, steam, gas, oil or electricity; or (b) any other means apart from human or animal power, and includes a trailer, but does not include - (c) a vehicle that is constructed or adapted -
or (d) anything that is excluded from this definition as stated in "Exclusions from definition of "motor vehicle". (Regulations s.4). |
| Moveable glass |
means a component, in the body of a motor vehicle, that is made wholly or partly of glass and -
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| Number of repairers of an applicant for a business licence or renewal of a business licence | means the number of full-time equivalent individuals that the applicant employs, or proposes to employ, to carry out or supervise repair work in connection with the business to which the application relates; but not including any apprentice or trainee. |
| Overhaul |
means -
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| Power assisted pedal cycle | means a vehicle designed to be propelled through a mechanism operated solely by human power, to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding 200 watts. |
| Prescribed accessory |
means any of the following -
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| Relevant authority |
when used in connection with the gross vehicle mass of a motor vehicle means - (a) if -
(b) if the vehicle was last licensed or registered in another State or Territory - the authority in that State or Territory whose functions most nearly correspond to those of the chief executive officer mentioned in paragraph (a). |
| Repair |
when used in connection with a thing or system, means -
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| Repairer of a licensee |
means an individual employed by the licensee, whether on a full-time, part-time or casual basis, to carry out or supervise repair work in connection with the business to which the licence relates; |
| Retrofit an air conditioning system | means to modify the air conditioning system so that it uses another coolant as required under the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 of the Commonwealth. |
| Service |
when used in conjunction with a thing or system, means to maintain the thing or system in order to maximise its useful life, including, if applicable, any of the following -
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| Trainee | means a trainee (including a person on probation) under a traineeship scheme as defined in the Industrial Training Act 1975. |
| Unless contrary intention appears (Regulations s. 3(2)) |
In a definition in subregulation 3(1), unless the contrary intention appears - (a) a reference to an engine that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to the internal combustion engine, and any electric motor, in the propulsion system of the vehicle ; (b) a reference to any of the following systems that is, was, or may be fitted to, a motor vehicle (whether or not those words are expressly used) is a reference to such a system that is associated with the internal combustion engine in the propulsion system of the vehicle -
(c ) a reference to any of the following things or systems that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) is a reference to such a thing or system in the propulsion system of the vehicle -
(d) a reference to the fuel system in a motor vehicle -
(e) a reference to modifying a fuel system in a motor vehicle does not include a reference to converting the fuel system to a gas fuel system or to a system that consists partly of a gas fuel system. (f) a reference to modifying a gas fuel system in a motor vehicle includes a reference to converting the gas fuel system -
(g) a reference to a thing or system that is, was, or may be, fitted to a motor vehicle (whether or not those words are expressly used) includes a reference to any electrical or other part of the thing or system (including any accessory that forms part of the thing or system). (h) a reference to any electrical equipment or system, electrial component or electrical part includes a reference to any electronic equipment or system, electronic component or electronic part, as the case requires. |
| Unless contrary intention appears (Regulations s.3(3)) |
Without limiting the generality of a definition in subregulation 3(1), unless the contrary intention appears, a reference to any work required in connection with a thing or system that is, was, or may be fitted to, a motor vehicle (whether or not those words are expressly used) includes a reference to any of the following that is required - (a) checking the condition and operation of the thing or system by looking at it, listening to it, measuring it or testing it; (b) disconnecting and reconnecting any electrical circuit; (c) removing the thing or system or any other thing or system from, and refitting it to, the vehicle. |
| Vintage vehicle |
means a vehicle that displays the description "veteran", "vintage", "post-vintage" or "invitation class" above its number plate as required by the department of the Public Service principally assisting in the administration of the licensing provisions of the Road Traffic Act. "Veteran vehicle" means manufactured before and including 1918. "Vintage vehicle" means manufactured between 1919 and 1930. "Post-vintage vehicle" means manufactured between 1931 and 1949. "Invitation class vehicle" means manufactured after 1949 but also more than 25 years old. |
| Work prescribed NOT to be repair work (Act section 5) (Regulations s.6) |
Each of the following kinds of work is prescribed not to be repair work for the purposes of the Act -
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