Success, a reply from Anthony Albanese (or rather Stephen Spencer, Acting General Mgr, Vehicle Safety Standards, on his behalf).
Meat of the letter is:
"The primary focus of your letter appears to be on kit cars that are built as ICVs for personal use. ICVs are regulated by the states and territories.The Department of Infrastructure, Transport, Regional Development and Local Government (the Department) will raise the issue of ESC requirements for such vehicles at the next meeting of the Australian Motor Vehicle Certification Board on 25 November 2009 and provide you with further advice. The Board comprises the Department and territory registration authorities.
Commonwealth certification arrangements apply to vehicles supplied commercially in limited numbers. While no consideration is currently being given to exemptions from ESC requirements, it is open to low volume manufacturers to provide the Department with more details of their cases. The contact is Mr Robert Hogan, the Administrator of Vehicle Standards, on email
robert.hogan@infrastructure.gov.au"
So, anyone who has an interest in this issue should probably drop Mr Hogan an email before their meeting. Those who think "she'll be right" should note the last para...