Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p32
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 32/43)
Character Range: 100214–103234

what the driver believes to be the likely cause of the incident;
 (e) what the prime contractor or rail operator believes to be the likely cause of the incident;"
 (9) For clause 14.1.4(5) substitute –
 "{(4) An offence against {subclause} (2) or (3) is an offence of strict liability.}".
 (10) For clauses 14.2.1(2) and (3) substitute –
 "(2) A prime contractor or rail operator must not transport a load that contains –
 (a) dangerous goods in a receptacle with a capacity of more than 500 litres; or
 (b) more than 500 kilograms of dangerous goods in a receptacle –
if a telephone advisory service is not available during the journey.
Offence provision.
 (3) A person must not consign a load that contains –
 (a) dangerous goods in a receptacle with a capacity of more than 500 litres; or
 (b) more than 500 kilograms of dangerous goods in a receptacle –
if a telephone advisory service is not available during the journey.
Offence provision.".

91.  Omission of Competent Authorities Panel provisions
  For Division 15.2 substitute –
"Division 15.2—{Reserved}".

92.  Recommendations by Competent Authority and corresponding authorities
 (1) After clause 15.3.1(3) insert –
 "(4) If the recommendation is about a determination (except an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions,  the Competent Authority must also refer the recommendation to CAP.".
 (2) In clause 15.3.2(1)(c), after "approval" insert "or exemption".
 (3) For clause 15.3.2(2) substitute –
 (2) If the recommendation is about a determination (except an administrative determination), approval or exemption that has effect in 1 or more other participating jurisdictions, the Competent Authority need not take any action on the recommendation until CAP has considered the recommendation.
 (3) In any other case the Competent Authority must have regard to the recommendation. (15.8).".

93.  Mutual recognition
 (1) For clauses 15.4.1(1)(a)(ii) and (iii) substitute –
 "(ii) {clause} 1.6.3 (Determinations—vehicles, routes, areas, vehicles and times); and".
 (2) For clauses 15.4.2(2) and (3) substitute –
 "(2) The exemption has effect in this jurisdiction as if it were an exemption granted by the Competent Authority for the relevant provision for 10 years after the day on which CAP made its decision unless:
 (a) the decision is sooner reversed by CAP; or
 (b) the exemption is sooner cancelled or varied by the corresponding authority; or
 (c) the exemption sooner expires or otherwise ceases to have effect. (15.10, amd)".
 (3) In clause 15.4.3(1), after "approval given" insert "in another jurisdiction".
 (4) For clauses 15.4.3(1)(a)(iv) – (vi) substitute –
 "(iv) {clause} 9.1.8 (Approvals—segregation devices);
 (v) {clause} 9.1.9 (Approvals—methods of segregation);
 (vi) {clause}11.2.7 (Approvals—emergency information);
 (vii) {clause} 20.1.4 (Approvals—insurance); and".
 (5) In clause 15.4.4(1), for "by a corresponding authority for road transport" substitute