How the Department inspects, monitors and investigates non-compliance
The Department has the power to inspect vehicles, components and premises, monitor compliance, and investigate non-compliance to ensure adherence to the Road Vehicle Standards Act and related legislation. These actions assist in making decisions on applications, ensuring ongoing compliance, and addressing any breaches of the RVSA, the Road Vehicle Standards Rules 2019, the Motor Vehicle Standards Act, the Motor Vehicle Standards Regulations, the Crimes Act 1914 and the Criminal Code Act 1995.
The Department’s monitoring and investigation activities will involve companies and individuals involved in designing, manufacturing, importing or supplying vehicles to the Australian market.
Inspectors and officers will:
Information collected during an on-site activity will be reviewed by inspectors or officers once they return to the Department. The final outcome will be communicated in writing to the company or individual as soon as practical.
Gifts should not be offered to, or accepted by, the Department’s officers.
Before taking a decision on an RVS application, the Department may send inspectors to gather more details to check the information you provided. They will contact you to schedule the inspection. The information collected will be used to take a decision regarding the application.
You can decline an inspection. However, your application might not move forward, as an inspection is requested when further details are required for completing your application.
Sometimes, inspectors may need to enter your premises to check compliance or investigate an issue. Inspectors have the legal authority to do this under the Regulatory Powers Act 2014. Only appointed inspectors can perform these tasks, and they need your consent to enter unless they have a warrant.
Inspectors will usually ask for your consent before entering. They will explain your rights, and you can choose to allow or refuse entry. If you give consent, it should be fully informed and voluntary. If you withdraw consent at any point, they will stop and leave. Consent cannot be conditional on what powers inspectors can use during the visit.
If inspectors have a warrant, they do not need your consent. They will explain the purpose of their visit, show you the warrant, and carry out their duties. You have the right to observe but should not interfere.
You have the right to be informed about the process, and to be present if inspectors use monitoring or investigation powers at your premises. Inspectors will explain your rights depending on whether it is a monitoring or investigation visit, with or without a warrant.
If you hold an approval, you may need to provide information about your compliance with RVS legislation. The Department will request this in writing, explaining why they need the information, the deadline, and any consequences for non-compliance.
If you cannot provide the requested information, contact the person who requested it to discuss further. However, refusing may lead to enforcement action if it is a breach of your approval conditions.
The information is used for inspections, monitoring, investigations or enforcement actions. It will not be shared without a lawful reason, and the Privacy Act 1988 protects your personal information.
For details on the RVS legislation, see the Department’s Road Vehicle Standards laws page. To know more about inspection, monitoring and investigation, see the Department’s guidance material. Updates on the risk-based framework are available on the compliance and enforcement page.
For feedback or complaints, use the Department’s contact us page.
