EXCLUSIVE IMPORTS PTY LIMITED v ROADS & TRAFFIC AUTHORITY OF NSW [2009] NSWSC 603

New South Wales Supreme Court

CITATION : EXCLUSIVE IMPORTS PTY LIMITED v ROADS & TRAFFIC AUTHORITY OF NSW [2009] NSWSC 603

HEARING DATE(S) : Monday 23 March 2009

JUDGMENT DATE : 23 July 2009

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

DECISION : The plaintiff is entitled to the relief as sought.

CATCHWORDS : ADMINISTRATIVE LAW – imported vehicles (caravans) with gas installations that complied with the relevant European standard "approved" under the Motor Vehicle Standards Act (Cth) by Administrator on behalf of Federal Minister – whether vehicles met criteria for registration under State law – whether specific provisions of the Dangerous Goods (Gas Installation) Regulation made under the Gas Supply Act applied to the vehicles by virtue of clause 21(a) in Schedule 2 of the Road Transport (Vehicle Registration) Regulation which refers to "…any other Act or law…" –STATUTORY CONSTRUCTION – interaction of Federal legislation (the Motor Vehicle Standards Act (Cth)), Australian Design Rules to which that Act refers and State law including the Road Transport (General) Act and the Road Transport (Vehicle Registration) Act – clause 21(a) of Schedule 2 did not apply – the Dangerous Goods (Gas Installation) Regulation therefore did not operate to impose requirements for registration on the imported vehicles in question – even if the provisions of that Regulation could apply by virtue of clause 21(a), they could not operate extraterritorially with respect to vehicles manufactured overseas or in relation to which the installation of gas fitting was undertaken in Europe – the gas installation complied with the relevant European standard and with the relevant requirements in Schedule 2 of the Road Transport (Vehicle Registration) Act