167CRegulations for purposes of Part 13 (clean vehicle standard)

1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

2. declaring, for the purposes of the definition of excluded vehicle in section 172, excluded vehicles for the purposes of Part 13:
3. declaring, for the purposes of the definition of Type A vehicle in section 172, a vehicle to be a Type A vehicle for the purposes of Part 13:
4. declaring, for the purposes of the definition of Type B vehicle in section 172, a vehicle to be a Type B vehicle for the purposes of Part 13:
5. prescribing the process for approving a person as a category 1 light vehicle importer:
6. prescribing criteria for the approval of a person as a category 1 light vehicle importer:
7. prescribing the process for suspending or revoking the approval of a person as a category 1 light vehicle importer:
8. prescribing criteria for suspending or revoking the approval of a person as a category 1 light vehicle importer:
9. prescribing provisions that apply to a person whose approval as a category 1 light vehicle importer is suspended or revoked, for the purpose of transitioning from the law applicable to the person under this Part immediately before the suspension or revocation to the law that applies or has effect immediately after:
10. prescribing, for the purposes of section 174, how the carbon dioxide emissions of an imported vehicle must be determined, which may be in accordance with a land transport rule:
11. prescribing targets for the level of carbon dioxide emissions from light vehicles imported annually, and matters relating to those targets, including—
    1. separate targets for different classes of imported vehicles; and
    2. targets adjusted for vehicle weights; and
    3. formulas for calculating targets, including vehicle weight-adjusted targets; and
    4. targets in respect of any calendar year after 2024, beginning on 1 January of the relevant calendar year:
12. requiring vehicle importers to include, among the vehicles they import in any given year, a minimum proportion of vehicles with zero carbon dioxide emissions:
13. prescribing procedures and requirements for the purposes of banking and transferring carbon dioxide credits:
14. prescribing procedures and requirements for deferring an obligation to meet carbon dioxide emissions targets:
15. providing for the refund or waiver, or enabling the refund or waiver, of charges imposed under section 177 or 182:
16. providing for unpaid charges under section 177 or 182 to be recoverable as a debt due to the Crown:
17. prescribing information to be contained in carbon dioxide accounts:
18. prescribing the manner in which carbon dioxide accounts must be operated:
19. prescribing, for the purposes of section 186, requirements in respect of the allocation of account numbers for carbon dioxide accounts:
20. prescribing, for the purposes of section 188(2), the manner in which a person may apply for information contained in the record of carbon dioxide accounts:
21. prescribing, for the purposes of section 188(3), requirements for the keeping and operation of the record of carbon dioxide accounts:
22. prescribing, for the purposes of section 194(1), data and information to be collected:
23. prescribing, for the purposes of any provision of Part 13 that requires a thing to be done in a prescribed manner, or for the purposes of any provision in this section that empowers regulations to prescribe the manner in which something must be done, the manner in which the thing must be done, including prescribing—
    1. by whom, when, where, and how the thing must be done:
    2. the form that must be used in connection with the thing:
    3. requirements with which evidence or documents that are provided in connection with the thing must comply:
    4. that fees and charges must be paid in connection with doing the thing:
24. providing for any other matter contemplated by Part 13, necessary for its administration, or necessary for giving it full effect.

25. Subsection (1)(j)(iv) is subject to subsection (3).

26. Regulations may be made under subsection (1)(j)(iv) only on the recommendation of the Minister, and the Minister must, before making a recommendation,—

27. consult such persons as the Minister considers appropriate; and
28. take into account—
    1. the expected reduction in vehicle carbon dioxide emissions resulting from the targets; and
    2. the expected impact of the targets on vehicle safety, affordability, and availability; and
29. be satisfied—
    1. that the targets are set at an appropriate level to increase the supply of zero- and low-emission vehicles in the market; and
    2. that the targets are consistent with transport-specific policies and strategies set out in the emissions reduction plan made under section 5ZG of the Climate Change Response Act 2002 for meeting the emissions budget set under that Act.

30. Nothing in this section limits section 167 or 168.

31. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

• Section 167C: inserted, on 23 February 2022, by section 8 of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).
• Section 167C(1)(j)(iv): amended, on 1 July 2024, by section 6 of the Land Transport (Clean Vehicle Standard) Amendment Act 2024 (2024 No 26).
• Section 167C(1)(n): amended, on 26 November 2022, by section 4(1) of the Land Transport (Clean Vehicles) Amendment Act (No 2) 2022 (2022 No 64).
• Section 167C(1)(o): amended, on 26 November 2022, by section 4(2) of the Land Transport (Clean Vehicles) Amendment Act (No 2) 2022 (2022 No 64).