Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p51
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 51/84)
Character Range: 287363–290293

reasonably practicable; and
 (h) state why, in the applicant's opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions; and
 (i) if the application relates to a vehicle, equipment, packaging or other thing—describe the thing; and
 (j) state the period for which the exemption is sought; and
 (k) state the geographical area within which the exemption is to have effect; and
 (l) if a fee is prescribed for the application—be accompanied by the prescribed fee. (new)
 (2) The Competent Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application. (16.1, amd)

16.1.2  Register of exemptions
 (1) The Competent Authority must keep a register of exemptions.
 (2) The register may have separate divisions for different kinds of exemptions.
 (3) The Competent Authority must record in the register:
 (a) each exemption granted by the Authority; and
 (b) each corresponding exemption.
 (4) The Competent Authority must note in the register:
 (a) the cancellation or variation of an exemption granted by the Authority; and
 (b) a decision of CAP reversing a decision that a corresponding exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction. (16.2, amd)

16.1.3  Records of exemptions
  The record of an exemption in the register must include:
 (a) the terms of the exemption; or
 (b) the following information:
 (i) if the exemption was notified in the Government Gazette of a participating jurisdiction (including this jurisdiction)—the title of the Gazette and the date of notification;
 (ii) the name of the person to whom, or the name, or a description, of the class of persons to which, the exemption applies;
 (iii) the date when the exemption was granted;
 (iv) the provisions of {this subordinate law}, and of the ADG Code, to which the exemption relates;
 (v) the period for which the exemption has effect;
 (vi) the dangerous goods, equipment, packaging, vehicle or other thing to which the exemption relates. (16.3, amd)

Division 16.2—Reference of matters to CAP

16.2.1  References to CAP
 (1) The Competent Authority must refer an application for an exemption to CAP if the Authority considers that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
 (2) The Competent Authority must refer to CAP an exemption having effect in this jurisdiction, and 1 or more other participating jurisdictions, if:
 (a) the Authority considers that the exemption should be cancelled or varied; or
 (b) a corresponding authority recommends to the Competent Authority in writing that the exemption should be cancelled or varied. (16.4)

16.2.2  Effect of CAP decisions about applications
 (1) This {clause} applies if:
 (a) an