Car safety inspections are one of the reserved powers of the states, having not been explicitly granted to the Commonwealth government in the Australian Constitution, nor later given to the Commonwealth in a High Court interpretation of the Constitution. Therefore, throughout Australia, each state and territory has its own inconsistent regulatory frame work or lack thereof for car road worthiness inspections and certification. There is no consistent national standard, nor a single Australian road worthy certificate that is valid in every state in territory. In fact, in many states and territories, such as Queensland, the Northern Territory, the Australian Capital Territory, New South Wales, Western Australia, and Tasmania, it is necessary for anyone transferring their registration from interstate or another country to have their car undergo a safety inspection in the new intended state or territory of registration. Only in South Australia and Victoria does this requirement not exist. While a nationally consistent road law scheme administered by the federal government would likely be much more convenient for motorists, because legislative capability to make road traffic laws is not explicitly provided to the Commonwealth in s51 of the Australian Constitution or a decision of the High Court in its original jurisdiction interpreting the Australian Constitution, this is not possible at this time unless all states were decided to co-operate to produce a nationally consistent road safety framework.
The varying states and territories have differing approaches to how they conduct road worthiness inspections and find for hidden treasures. In many states and territories, especially those such as South Australia where many fewer people are required to have their vehicle undergo an inspection to tell whether it is road worthy, the state government carries out all necessary inspections itself through its road transport body. In Queensland, however, where that state’s certificate of road worthiness, which are known as safety certificates, are a mandatory requirement prior to selling a car second hand, many more safety inspections must be conducted. Therefore, the state government of Queensland approves certain private garages, repair shops, and similar businesses to carry out safety certificate inspections on the behalf of the government.
This has led to the development of a relatively competitive market place for the sale of safety certificate inspection services, including the development of such innovative products such as the mobile safety certificates services which, rather than requiring the customer to drive to a work shop or garage sales Sydney in order for their car to be safety tested, will come to the customer in many metropolitan areas of Queensland. In comparison, most other states and territories have their comparatively fewer road worthiness and safety inspections carried out by the relevant state or territory government road transport authority, such as the RTA in New South Wales,