This is the response I received from my complaint:
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Dear Mr Nicholson
Thank you for your feedback of 15 May 2010 about the importation of modified vehicles under the pre-1989 scheme.
I can confirm that there has been no change in the definition of when a vehicle is modified or converted after original manufacture. Nor has there been any other relevant change made to the federal requirements for importing vehicles.
Rather, the Department has recently tightened administration of the pre-1989 scheme after abuses of the scheme were detected. These abuses involved vehicles that have been so substantially modified as to constitute newly manufactured vehicles.
For your information, I have provided some detailed background on the topic, set out below. The Department has also added a new alert page to its website. The alert page covers topics raised by recent enquiries. The alert is available at <http://infrastructure.gov.au/roads/vehicle_regulation/bulletin/importing_vehicles/general/pre1989scheme.aspx>.
Background to the pre-1989 scheme
The Australian Government maintains a number of concessional schemes for the importation of nonstandard and specialist vehicles. One of these schemes - the pre-1989 scheme - allows the importation of vehicles into Australia that were manufactured before 1 January 1989. The scheme is outlined under regulation 17 of the Motor Vehicle Standards Regulations 1989 and was introduced on 1 July 1992.
A vehicle's date of manufacture is the date a vehicle is first driven or moved from the manufacturer's production line or production facility, after the vehicle's body shell and power train assemblies are joined. This is equivalent to the concept of the build date (as developed and used by Australia's automotive industry).
A variety of evidence can potentially be used by applicants to establish that a vehicle was manufactured before 1 January 1989. This includes obsolete make/models, the Vehicle Identification Number structure, registration or purchase documents or a statement from the manufacturer. For example, Australian full-volume vehicles are fitted with identification plates that show the date of manufacture (month and year). Similarly, US vehicles manufactured after 31 August 1969 have a certification label or tag affixed by the manufacturer that specifies the date of manufacture (month and year).
However, if a vehicle has been modified or converted after original manufacture so that the vehicle no longer meets original specifications, the date of manufacture is taken to be the later date of conversion. One indication of a vehicle no longer meeting original specifications is where the vehicle acquires a different make, model or category.
That is, if a vehicle has been so substantially modified as to constitute a newly manufactured vehicle, then the vehicle would fail to qualify for concessional importation under the pre-1989 scheme. This arrangement has been in place since the scheme's introduction in 1992. For example, this general principle was outlined by the Department in 1992 within Administrator's Circular No. 0-2-10. A vehicle manufactured from parts (such as from a dismantled vehicle) is taken to be manufactured as a new vehicle at the time of assembly. Circular 0-2-10 is available from the Department's website at <http://rvcs-prodweb.dot.gov.au/Circulars/AllCirculars/0-2-10.pdf>.
Vehicle conversions can take different forms. One popular type of conversion is the production of replica cars from components of different makes or models. An example is the conversion of a Volkswagen Beetle into a replica Porsche. Another popular type of modification is the conversion of a passenger sedan into a drag racing car or a hot rod.
On the other hand, a vehicle restoration does not affect the original date of manufacture. For example, an original vehicle may have new paintwork applied, the mechanical components reconditioned or replaced and the interior re-upholstered. Similarly, an original vehicle may be customised (for example, by unique paintwork) if kept within original specifications.
Since the inception of the scheme, the Department has sought material from applicants to establish whether a vehicle has been modified or converted after original manufacture. The prevalence of applications for modified or converted vehicles has increased significantly over recent months and a number of abuses have been detected. In short, the Department now receives a large number of applications for modified or converted vehicles that do not qualify under the scheme. As a result, the Department requests that all applicants provide a recent photograph of the vehicle with their application. Further questions may also be asked regarding any modifications made to the vehicle.
The handling of converted vehicles has remained the same since the scheme's inception in 1992. When abuses of schemes are detected, it is normal to tighten administrative practices and not allow the abuses to continue.
I trust this information will be of assistance to you. If you have any further questions on the matter, you may wish to contact the Department. The contact is Mr Steve Pantelidis, Section Head, Policy & Legislation, Vehicle Safety Standards. Mr Pantelidis can be contacted on telephone 02 6274 7430, facsimile 02 6274 7477 or by email at <
[email protected]>.
Yours sincerely
Mark Terrell
Acting General Manager
Vehicle Safety Standards
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