Self-contained Motor Vehicles Legislation Bill

Self-contained Motor Vehicles Legislation Bill

Government Bill

158—1

Explanatory note

General policy statement

The Freedom Camping Act 2011 (the Act) defines freedom camping as staying for free in a vehicle or tent within 200 metres of a place where you can drive, the coast, or a Great Walks Track. Such camping is a small but highly visible part of both domestic and international tourism. Freedom campers travel widely, spending money in New Zealand communities, and some contribute in other ways, such as participating in the seasonal workforce and volunteering. In 2019, international visitors who freedom-camped at some point during their trip spent an estimated $645 million. That year, an estimated 245,000 people freedom-camped, 63% of whom were international visitors.

The Act enables local authorities and the Department of Conservation (DOC) to manage freedom camping through local bylaws and notices. About half of New Zealand’s territorial authorities have made freedom camping bylaws.

Steadily increasing numbers of freedom campers over recent years have, however, generated concern in some communities about freedom campers’ cumulative impact on the environment and on local communities. Of particular concern are freedom campers who stay in cars or vans that are not self-contained and the current unmonitored voluntary standard for self-contained vehicles.

The Self-contained Motor Vehicles Legislation Bill (the Bill) is a Government Bill that will amend the Act and the Plumbers, Gasfitters, and Drainlayers Act 2006.

The Bill is an omnibus Bill introduced under Standing Order 267(1)(a). That Standing Order provides that an omnibus Bill that amends more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. That policy is to improve the management of vehicle-based freedom camping by creating a robust regulatory system that central and local government can rely on to reduce the negative effects of freedom camping on communities and the environment. It is not intended that the Bill will penalise people who are staying in tents or vehicles because they are homeless. The Bill introduces the following measures:

  • a national requirement for freedom campers staying in a vehicle on land managed by a local authority to use a certified self-contained vehicle, unless staying at a site designated by the local authority as suitable for freedom camping in motor vehicles that are not self-contained:

  • a regulatory system for certifying self-contained vehicles, with the Plumbers, Gasfitters, and Drainlayers Board (the Board) providing regulatory oversight (moving away from reliance on the current unmonitored voluntary standard):

  • a requirement for self-contained vehicles to have a fixed toilet:

  • strengthening the infringement regime and extending it to other Crown land.

The Bill also provides for a 2-year transition period.

Requirement for freedom camping on land managed by local authorities to be in self-contained vehicles

The Bill requires freedom campers staying in a vehicle on land managed by a local authority to use a certified self-contained vehicle, unless staying at a site designated by the local authority as suitable for freedom camping in motor vehicles that are not self-contained. Local authorities would designate such sites in their freedom camping bylaws.

The Bill includes offences for infringements against the new rule, enforceable by enforcement officers appointed under the Act. Offences include freedom camping, or preparing to do so, in breach of the rule. The Bill also includes offences and infringement offences relating to the vehicle’s self-containment certification, such as camping in a motor vehicle that is not self-contained, and having more campers staying in a vehicle than it is certified for.

The rule will establish a baseline expectation that freedom campers who are staying on land managed on behalf of ratepayers will stay in certified self-contained vehicles that have facilities enabling them to be self-supporting for several days.

However, the Bill also provides flexibility for local authorities to determine how tourism is managed, by providing for bylaws to designate sites where freedom camping in motor vehicles that are not self-contained may occur, particularly where the local authority has identified sites that have suitable infrastructure to host such vehicles. This may be of particular benefit in districts that are seeking to attract a broader range of tourists.

Regulatory system for self-containment of vehicles

The Bill establishes a regulatory system for the certification of self-contained vehicles, including a register of certified self-contained vehicles. The Board will be the regulator. Key aspects include the following:

  • the Board will approve organisations and individuals as self-contained vehicle certification authorities. The authorities will appoint vehicle inspectors to inspect vehicles, and will themselves certify vehicles, in accordance with technical requirements set out in regulations:

  • the Board will establish and maintain a register of self-contained vehicles. Parts of the register will be accessible by enforcement authorities and the public to confirm whether a vehicle is certified as self-contained. The Board will also be entitled to obtain, upon request, current ownership and contact information in relation to a specific vehicle as recorded on the motor vehicle register maintained by the New Zealand Transport Agency (Waka Kotahi) for auditing and compliance purposes:

  • certification authorities will issue 4-year warrant cards and certificates of self-containment for vehicles that pass checks. Certification details will be entered in the new register. Over time, certification under the existing self-contained vehicle standard (NZS 5465:2001) will become invalid for the purposes of certifying vehicles as self-contained for freedom camping:

  • the Board will monitor and audit certification authorities to ensure that the certification process is robust. It will be able to take disciplinary action against certification authorities.

The new regulatory system will aim to provide greater consistency in the certification of self-contained vehicles, increased public trust in the certification system, and certainty for enforcement officers verifying whether vehicles are certified.

Requiring self-contained vehicles to have fixed toilet

The Bill strengthens the regulatory requirements for self-contained vehicles. Immediately after the Bill becomes law, a vehicle will not be able to be certified or recertified as self-contained under NZS 5465:2001 unless it has a fixed toilet.

Requiring certified self-contained vehicles to have a fixed toilet will help to raise the standard of certified self-contained vehicles, encourage increased usage of toilets on board vehicles, and build public confidence in the regulatory system.

Six months after the Bill becomes law, regulations prescribing the requirements for self-containment will come into force. For a vehicle to be certified as self-contained 2 years after the Bill becomes law, it will need to be self-contained in accordance with requirements prescribed in regulations. The requirements that a vehicle may meet to be self-contained for the purposes of the Bill during the 2-year transitional period are specified below in the description of the Bill’s transitional arrangements.

Strengthening infringement regime and extending it to other Crown land
Emailing freedom camping infringements

The Bill enables enforcement authorities to email infringement notices to owners of vehicles involved in the commission of an infringement offence. An infringement notice will be received sooner. This will assist rental companies in recovering infringement fees from rental vehicle hirers. It is also consistent with enforcement practices under other regulatory regimes.

Extending Freedom Camping Act 2011 to land administered by Waka Kotahi and LINZ

Currently, the Act is limited in application to land administered by local authorities and DOC. In recent years there has been an increase in freedom camping on Crown land administered by either Waka Kotahi or Land Information New Zealand (LINZ), particularly in popular areas of the South Island. Those agencies have flexibility within their own legislation to put in place management arrangements, but do not have access to an offences and penalties regime to enforce compliance with any requirements they have put in place. They currently rely on issuing and enforcing trespass orders when campers’ behaviour is problematic.

To improve management of freedom camping, and reduce the adverse effects on communities, the Bill extends the scope of the Act to apply to Waka Kotahi and LINZ land. The mechanisms introduced are as follows:

  • for Waka Kotahi-administered land, the relevant local authority will be empowered to define in a freedom camping bylaw areas of land that are deemed to be local authority areas for the purpose of the Act, subject to Waka Kotahi approval:

  • for LINZ-administered land, a notice will designate where freedom camping is permitted and LINZ will be able to appoint officers to enforce the applicable freedom camping rules on the land. This will enable LINZ and local authorities to be partners in enforcement.

Extending the application of the Act to other Crown land in this way will provide additional management tools through the ability to prescribe restrictions on freedom camping, as well as access to the offences and penalties regime. Local authorities will be able to choose whether they wish to extend their freedom camping enforcement efforts to include sites on land administered by Waka Kotahi or LINZ.

Transitional arrangements

The Bill provides for a 2-year transition period, with various provisions coming into force during that period, as follows:

  • the new rule requiring use of certified self-contained vehicles on land managed by local authorities will come into effect as soon as the Bill is passed:

  • regulations will come into effect 6 months after the Bill’s enactment. This will enable—

    • certification authorities to be approved and to start certifying vehicles under the new technical requirements for self-contained vehicles; and

    • establishment and operation of the national register of self-contained vehicles:

  • after 12 months, certifications will have to be carried out by approved certification authorities:

  • eighteen months after the Bill’s enactment, rental vehicles will be considered self-contained under the Act only if they have been certified by approved certification authorities:

  • twenty-four months after the Bill’s enactment, only vehicles that have been certified by an approved certification authority will be considered self-contained under the Act.

Departmental disclosure statement

The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2022&no=158

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 3 December 2021 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of this regulatory impact statement can be found at—

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause.

Part 1 of the Bill, which amends the Freedom Camping Act 2011, comes into force on the day after the date on which the Bill receives the Royal assent, as does the related subpart 2 of Part 3. Clauses 48 and 49 enable regulations to be made under the Plumbers, Gasfitters, and Drainlayers Act 2006 and also come into force on that date.

The rest of the Bill comes into force on the day that is 6 months after the date on which the Bill receives the Royal assent.

Part 1Amendments to Freedom Camping Act 2011

Clause 3 provides that Part 1 of the Bill amends the Freedom Camping Act 2011 (the Act).

Subpart 1—Amendments to Part 1

Clause 4 updates section 3, which is an outline of the Act, to reflect the amendments made by Part 1 of the Bill.

Clause 5 amends section 4, which is the interpretation section. The clause inserts several new definitions, including certificate of self-containment, Crown land Acts, motor vehicle, transport Acts, and warrant card. The definition of freedom camping notice is repealed as a result of other amendments in the Bill. Several other definitions in section 4 are amended.

Clause 6 amends the definition of freedom camp in section 5 by referring to a motor vehicle instead of a caravan, car, campervan, housetruck, or other motor vehicle. The Bill provides that motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998, which defines a motor vehicle to mean a vehicle drawn or propelled by mechanical power, including a trailer.

Clauses 7 to 9 relate to definitions of different classes of land under the Act.

Clause 7 amends the definition of local authority area in section 6 to include an area of NZTA land declared to be a local authority area in a bylaw made under new section 10A (inserted by clause 10).

Clause 8 inserts new section 6A, which defines NZTA land to mean an area of land that is controlled or managed by the New Zealand Transport Agency (the NZTA) under a transport Act.

Clause 9 replaces sections 8 and 9 with new sections 8, 9, and 9A. Sections 8 and 9 are spent and no longer required. The new sections provide as follows:

  • new section 8 defines LINZ land to mean an area of land that is controlled or managed by Land Information New Zealand (LINZ) under a Crown land Act.

  • new section 9 provides that the transitional, savings, and related provisions set out in new Schedule 1AA (inserted by clause 39) have effect according to their terms:

  • new section 9A provides that the Act binds the Crown.

Subpart 2—Amendments to Part 2

Clause 10 replaces section 10 with new sections 10 and 10A.

New section 10 provides as follows in respect of freedom camping in any local authority area:

  • freedom camping is permitted, unless it is restricted or prohibited in that area, if a self-contained motor vehicle or a tent is used:

  • freedom camping using a motor vehicle that is not self-contained may be permitted in that area, including by a bylaw made under new section 11A (inserted by clause 12):

  • freedom camping may be restricted or prohibited, including by a bylaw made under section 11:

  • during the transitional period, subpart 2 of Part 1 of Schedule 1AA is relevant.

New section 10A enables local authorities, with the written consent of the NZTA, to make bylaws declaring an area of NZTA land to be a local authority area for the purposes of the Act.

Clause 11 amends section 11 to require a local authority making a bylaw under section 11(1) to obtain the NZTA’s consent before making a bylaw that applies to an area of NZTA land that has been declared (by a bylaw made under new section 10A) to be a local authority area.

Clause 12 inserts new sections 11A and 11B into the Act.

New section 11A enables local authorities to make bylaws permitting freedom camping in a motor vehicle that is not self-contained.

New section 11B continues the content of existing section 11(3) to (7), which is replaced by new clause 11(3), in an updated form. The existing provisions are updated to reflect the new bylaw-making powers in new sections 10A and 11A.

Clause 13 updates section 13 to reflect the new bylaw-making powers in new sections 10A and 11A.

Clauses 14 to 16 make minor consequential amendments to subpart 2 of Part 2 of the Act, which relates to freedom camping on conservation land.

Clause 17 inserts new subpart 3 into Part 2 of the Act. The new subpart is about freedom camping on LINZ land. New section 19A in new subpart 3 states that freedom camping is not permitted on LINZ land except in accordance with a freedom camping notice made under new section 19B.

New section 19B authorises the making of notices defining LINZ land where freedom camping is permitted and the restrictions and conditions, if any, that apply to freedom camping on that land. Two different office-holders are authorised to make the notices, as follows:

  • the Commissioner of Crown Lands may make notices about LINZ land controlled or managed under the Crown Pastoral Land Act 1998 or the Land Act 1948:

  • the chief executive of LINZ may make notices about LINZ land controlled or managed under the Marine and Coastal Area (Takutai Moana) Act 2011 or the Public Works Act 1981.

Notices made under new subpart 3 are secondary legislation.

New section 19C specifies requirements relating to notices published under new section 19B.

Subpart 3—Amendments to Part 3

Clause 18 replaces section 20, which specifies a range of offences, including infringement offences, by inserting new sections 20 to 20G.

New sections 20 to 20C set out infringement offences, including infringement offences relating to local authority areas, conservation land, and LINZ land. Many of these infringement offences are in existing section 20. The new offences created by the Bill are in new sections 20(b), (c), (f), and (g), 20B, and 20C(a) and (b). The offence in existing section 20(1)(k) is not included in the Bill.

New section 20D continues the content of existing section 21, in an updated form, which provides that the infringement offences in the Act are strict liability offences.

New section 20E continues the content of existing section 23(1), which sets the penalties for infringement offences, in an updated form. The maximum infringement fee continues to be $1,000. The maximum fine that a court may impose is set at $3,000.

New sections 20F and 20G continue the existing offences, and associated penalties, in sections 20(2) and (3) and 23(2) and (3).

Clauses 19 and 21 repeal sections 21 and 23. The content of section 21 is now new section 20D, in an updated form, and the content of section 23 is now new sections 20E, 20F(2), and 20G(3), in an updated form.

Clause 20 amends section 22 to update cross-references.

Clause 22 inserts a new cross-heading above section 24.

Clause 23 updates section 24(1) to reflect the addition of LINZ land as a new class of land under the Bill.

Clause 24 replaces section 26(1)(b) to remove an outdated reference to the Transport (Vehicle and Driver Registration and Licensing) Act 1986, which has been repealed.

Clause 25 replaces section 27 with new sections 27, 27A, and 27B.

New section 27 continues the content of existing section 27(1). The Bill adds to existing section 27(1) by enabling an enforcement officer to serve an infringement notice on the person who has a motor vehicle registered in their name if the officer believes that the vehicle was used in an infringement offence.

New section 27A specifies how an infringement notice may be served and continues the content of existing section 27(2), (3), and (4). The Bill adds to those existing provisions by enabling an enforcement officer to serve infringement notices via email. It also removes an outdated reference to the Transport (Vehicle and Driver Registration and Licensing) Act 1986, which has been repealed.

New section 27B continues the effect of existing section 27(5) and (6).

Clause 26 amends section 29(4) by repealing the definition of rental company. The definition has been moved to section 4, which is the main interpretation provision in the Act.

Clause 27 updates section 31 by replacing section 31(3) with new section 31(3) and (4) to reflect the addition of LINZ land as a new class of land under the Bill.

Clauses 28 and 29 insert new sections 32(2)(e) and 33(2)(e) to reflect the addition of LINZ land as a new class of land under the Bill. The effect of these new provisions is that enforcement officers appointed by either a local authority or by the Director-General of Conservation may be authorised to act in relation to LINZ land.

Clause 30 inserts new section 33A, which enables the chief executive of LINZ or the Commissioner of Crown Lands to appoint enforcement officers.

Clause 31 amends section 35 to allow an enforcement officer to direct a person to provide their email address if the officer believes that the person has committed an offence. Clause 31 inserts new section 35(1A), which authorises an enforcement officer to direct a person to produce the certificate of self-containment that applies to the motor vehicle in which the person is freedom camping.

Clauses 32, 34, and 35 amend sections 36, 39, and 40, respectively, to reflect the addition of LINZ land as a new class of land under the Bill.

Clause 33 amends section 38 to reflect the changes in the definitions of freedom camp (see clause 6) and the insertion of a new definition of motor vehicle (see clause 5).

Clause 36 amends section 42 to—

  • clarify that the Act does not limit or affect the powers of the NZTA or LINZ under their relevant Acts:

  • reflect the addition of LINZ land as a new class of land under the Bill.

Clause 37 replaces section 43(1) , which authorises the Governor-General to make regulations for specified purposes. New section 43(1) continues the content of existing section 43(1) and also—

  • clarifies what regulations may prescribe in relation to penalties for infringement offences:

  • reflects the current standard wording for provisions empowering the making of secondary legislation.

Clause 38 amends section 45, which is about evidence in proceedings, to reflect the addition of LINZ land as a new class of land under the Bill.

Subpart 4—Amendments to schedules

Clause 39 inserts new Schedule 1AA, which sets out transitional, savings, and related provisions arising from the Bill.

Subpart 1 of Part 1 of new Schedule 1AA sets out the applicable standards for self-contained motor vehicles during the transitional period, which is the period of 2 years following the enactment of the Bill. Clause 2 of the new Schedule breaks that 2-year period into 4 parts, each lasting 6 months, called periods 1, 2, 3, and 4.

Clause 3 modifies NZS 5465:2001 Self-containment of motor caravans and caravans. The standard is modified to require that a self-contained motor caravan or caravan must be equipped with a toilet that is permanently fixed to the motor caravan or caravan.

Clause 4 specifies the standards that a motor vehicle must meet during each of periods 1 to 4 in order to be considered self-contained for the purpose of the Bill.

Clause 5 ensures free public access to the modified standard NZS 5465:2001.

Subpart 2 of Part 1 of new Schedule 1AA specifies the effect of the Bill on current freedom camping bylaws during the transitional period.

Clause 6 provides that subpart 2 of Part 1 of new Schedule 1AA applies to any bylaw in force immediately before the Bill’s commencement date that authorises, prohibits, permits, restricts, or imposes conditions on freedom camping.

Clause 7 provides that a bylaw to which subpart 2 of Part 1 of new Schedule 1AA applies continues in force during the transitional period unless it is earlier revoked, quashed, or replaced.

Clause 40 amends Schedule 2, which sets out the prescribed forms for an infringement notice, a reminder notice, and a seizure and impounding notice. The Bill updates 2 of those forms to reflect that notices can be served via email, remove references to payment by cheque, and update cross-references.

Part 2Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006

Clause 41 provides that Part 2 of the Bill amends the Plumbers, Gasfitters, and Drainlayers Act 2006 (the Act).

Subpart 1—Amendments to Part 1

Clause 42 updates section 3, which sets out the purpose of the Act, to reflect the amendments made by Part 2 of the Bill.

Clause 43 amends section 4, which is the interpretation section. The clause inserts a new definition of self-containment certification authority, and defines motor vehicle and owner as having the same meanings as in section 2(1) of the Land Transport Act 1998. The existing definitions of Minister and register are replaced to accommodate the changes made by the Bill.

Subpart 2—New Part 2A inserted

Clause 44 inserts new Part 2A, which contains new sections 87A to 87ZH. New Part 2A is about self-contained motor vehicles.

Part 2A: Self-contained motor vehicles

New section 87A provides that the purpose of new Part 2A is to regulate self-contained motor vehicles in order to manage the effects of freedom camping on the natural environment.

New section 87B defines key terms used in new Part 2A, including core functions, enforcement officer, motor vehicle inspection, and motor vehicle inspector.

Subpart 1: Board appoints and regulates certification authorities

Board may appoint self-containment certification authority

New section 87C provides that a person may apply to the Plumbers, Gasfitters, and Drainlayers Board (the Board) to be appointed as a self-containment certification authority. The Board must appoint the person as a self-containment certification authority if the Board is satisfied that the person will meet the requirements for appointment prescribed by regulations.

New section 87D provides that an appointment as a self-containment certification authority is valid for 5 years from the date on which the Board makes the appointment.

New section 87E provides that a person appointed as a self-containment certification authority may apply to the Board to be reappointed.

Board may prescribe requirements for motor vehicle inspections

New section 87F authorises the Board to make notices prescribing how motor vehicle inspections must be carried out and the principles the Board must be guided by when prescribing requirements.

New section 87G specifies the consultation process that the Board must undertake before making a notice under new section 87F.

New section 87H states that any notice that the Board proposes to make under new section 87F must first be approved by the Minister, using the process set out in section 34 of the Act.

Board may consider complaints and conduct investigations

New section 87I enables a person to make a complaint to the Board about a self-containment certification authority on the grounds that the authority—

  • has allegedly failed without good reason to properly carry out 1 or more of its core functions; or

  • has been negligent in carrying out 1 or more of its core functions; or

  • has been carrying out 1 or more of its core functions improperly.

New section 87J sets out the procedure that the Board must follow to decide whether to accept or a decline a complaint about a self-containment certification authority.

New section 87K enables the Board to investigate a matter on its own initiative, without a complaint having been made, if the Board believes that any of the grounds for a complaint specified in new section 87I applies.

New section 87L specifies the procedure the Board must follow in giving a self-containment certification authority notice that it has decided to investigate a complaint or a matter that it has raised on its own initiative. The Board must give the self-containment certification authority the opportunity to make written submissions on the complaint or matter.

New section 87M provides that, for the purpose of investigating a self-containment certification authority, the Board may—

  • authorise a person to inspect premises occupied by the self-containment certification authority; and

  • require the self-containment certification authority to produce documents or provide other information.

Before using these powers, the Board must give the self-containment certification authority reasonable notice in writing.

New section 87N places conditions on the Board’s exercise of the powers of inspection set out in new section 87M.

New section 87O specifies the purposes for which the Board may use information it receives from the Registrar of Motor Vehicles in accordance with section 172 and Schedule 4 of the Privacy Act 2020. The purposes are—

  • to assess whether a self-containment certification authority has issued a certificate of self-containment appropriately:

  • to investigate a complaint or a matter that the Board has raised on its own initiative.

See clause 51 for a description of the amendment made to the Privacy Act 2020.

Board’s enforcement powers

New section 87P authorises the Board to take disciplinary action if the Board is satisfied that the self-containment certification authority has failed without good reason to properly carry out one of its core functions, or has been negligent or guilty of misconduct in doing so. The Board may take the actions specified in new section 87Q(1) if any of the conditions specified in new section 87P(2) or (3) are satisfied.

New section 87Q specifies the disciplinary action that the Board may take in relation to a self-containment certification authority. The Board may—

  • revoke, suspend, or otherwise block an appointment as a self-containment certification authority:

  • censure or fine a self-containment certification authority:

  • order a self-containment certification authority to take remedial action.

New section 87R requires the Board to inform a self-containment certification authority and give it a reasonable opportunity to be heard before taking any of the disciplinary actions set out in new section 87Q.

New section 87S contains miscellaneous provisions relating to disciplinary actions taken by the Board under new section 87Q, including the effect of the suspension of a self-containment certification authority on that authority and on motor vehicle inspectors appointed by that authority.

Subpart 2: Certification authorities

Self-containment certification authority may appoint motor vehicle inspector

New section 87T enables a self-containment certification authority to appoint motor vehicle inspectors. A person appointed as a motor vehicle inspector must meet the requirements for appointment prescribed by regulations.

Self-containment certification authority may issue, renew, or revoke certificate of self-containment

New section 87U enables a person to apply to a self-containment certification authority for a certificate of self-containment for a motor vehicle. The self-containment certification authority must issue a certificate of self-containment if, following an inspection, it is satisfied that the vehicle meets the requirements for self-containment prescribed by regulations and the owner has paid the required levy.

New section 87V enables a motor vehicle owner who holds a current certificate of self-containment to apply to any self-containment certification authority for a renewal of the certificate.

New section 87W enables a self-containment certification authority to revoke a certificate of self-containment if it is satisfied that—

  • the motor vehicle that holds the certificate of self-containment does not meet the requirements for self-containment prescribed by regulations; or

  • the authority issued the certificate on the basis of incorrect or incomplete information.

Certificates of self-containment

New section 87X specifies that a certificate of self-containment must be in the form prescribed by regulations and must be accompanied by a warrant card. A certificate is valid for 4 years but may cease to be valid if the motor vehicle to which it applies undergoes a material modification or a self-containment certification authority revokes the certificate.

New section 87Y requires the owner of a motor vehicle issued with a certificate of self-containment to keep the certificate with the vehicle when using the vehicle to freedom camp and display the associated warrant as prescribed by regulations.

Subpart 3: Register of self-contained motor vehicles

Purpose, contents, and form of register

New section 87Z requires the Board to establish and maintain a register of self-contained motor vehicles.

New section 87ZA specifies that the purpose of the register is to enable the Board, members of the public, self-containment certification authorities, and enforcement officers appointed under the Freedom Camping Act 2011 to determine certain classes of information.

New section 87ZB specifies, for each motor vehicle issued with a certificate of self-containment, the matters that must be contained on the register and other information that may be contained on the register.

New section 87ZC applies sections 73 and 81 of the Act to the register.

Who may enter information in register

New section 87ZD requires self-containment certification authorities to enter certain information and documentation in the register.

New section 87ZE enables enforcement officers appointed under the Freedom Camping Act 2011 to enter certain information in the register.

Who may access register

New sections 87ZF, 87ZG, and 87ZH specify how the Board, members of the public, self-containment certification authorities, and enforcement officers appointed under the Freedom Camping Act 2011 may access the information contained on the register and the purposes for which the register may be searched. Searching the register for personal information in a way that is not in accordance with those sections constitutes an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

Subpart 3—Amendments to Part 3

Clause 45 makes a consequential amendment to the heading to section 125 arising from the insertion of new section 125A by clause 46.

Clause 46 inserts new section 125A, which creates offences relating to regulating self-contained motor vehicles.

Subpart 4—Amendments to Part 4

Clause 47 amends section 137, which specifies the functions of the Board. The list of functions is updated to include the new functions that the Bill gives to the Board. The Board must—

  • promote, monitor, and review the ongoing competency and performance of certification authorities; and

  • consider applications for appointment as a self-containment certification authority under new section 87C, and appoint persons in proper cases; and

  • hear complaints about or investigate on its own initiative, and discipline, persons appointed as certification authorities; and

  • institute prosecutions against persons for the breach of any provisions of the Act relating to self-contained motor vehicles.

Clause 48 amends section 172 to reflect the current standard wording for provisions empowering the making of secondary legislation. Clause 48 inserts new section 172(1A), which authorises the making of regulations providing for anything that new Part 2A says may or must be provided for by regulations.

Clause 49 inserts new sections 172A to 172C.

New section 172A authorises the making of regulations relating to the payment of prescribed amounts of fees and charges on an application to the Board for appointment as a self-containment certification authority.

New section 172B authorises the making of regulations imposing a levy on an owner of a motor vehicle that has been issued with a certificate of self-containment or has had a certificate of self-containment renewed. Levies must be prescribed on the basis that the following costs should be met fully out of the levies:

  • the costs of the Board in performing or exercising those of its functions, powers, and duties that relate to the regulation of self-contained motor vehicles; and

  • the costs of collecting the levy money.

New section 172C requires the Minister, before recommending the making of regulations under new section 172(1A), 172A(1), or 172B(2), to—

  • consult persons that the Minister considers are likely to be significantly affected by the regulations; and

  • satisfy themselves that the regulations facilitate the management of the effects of freedom camping on the natural environment.

Part 3Amendments to other Acts

Subpart 1—Amendment to Privacy Act 2020

Clause 50 provides that subpart 1 of Part 3 of the Bill amends the Privacy Act 2020.

Clause 51 amends Schedule 4 to authorise the Board to access the Registrar of Motor Vehicles records.

Subpart 2—Amendment to Summary Proceedings Act 1957

Clause 52 provides that subpart 2 of Part 3 of the Bill amends the Summary Proceedings Act 1957.

Clause 53 amends the existing definition of infringement notice in section 2(1) to include a notice issued under new section 27 of the Freedom Camping Act 2011.