Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p5
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 5/63)
Character Range: 26705–29821

or published and the date of notification or publication;
 (ii) the provisions of these Regulations, and of the ADG Code, to which the determination relates;
 (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.

1.23  References to Panel
 (1) This regulation does not apply to an administrative determination.
 (2) The Competent Authority must refer a draft determination to the Panel if the Authority considers that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
 (3) The Competent Authority must refer to the Panel a determination having effect in this jurisdiction, and 1 or more other participating jurisdictions, if:
 (a) the Authority considers that the determination should be revoked or varied; or
 (b) a corresponding Competent Authority recommends to the Authority in writing that the determination should be revoked or varied.

1.24  Effect of Panel decisions about draft determinations
 (1) This regulation applies if:
 (a) a draft determination is referred to the Panel under subregulation 1.23(2); and
 (b) the Panel decides that:
 (i) the draft determination should be made, what the provisions of the determination should be, and that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or
 (ii) the determination should not have effect in this participating jurisdiction.
 (2) The Competent Authority must have regard to the Panel's decision.

1.25  Effect of Panel decisions about revoking or varying determinations
 (1) This regulation applies if:
 (a) a determination is referred to the Panel under subregulation 1.23(3); and
 (b) the Panel decides that the determination:
 (i) should, or should not, be revoked; or
 (ii) should be varied (whether or not the Panel's decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or participating jurisdictions including this jurisdiction; or
 (iii) should not be varied.
 (2) The Competent Authority must have regard to the Panel's decision.

1.26  Inconsistent determinations
 (1) This regulation applies if:
 (a) the Panel decides that a determination (the national determination) should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; and
 (b) the national determination is inconsistent with a determination (the local determination) that only has effect in this jurisdiction.
 (2) The national determination prevails over the local determination to the extent of the inconsistency.

Division 7—Provisions about offences generally

1.17  Deciding whether someone reasonably ought to have known or suspected
  If, in a prosecution for an offence against these Regulations, it is material to prove that someone reasonably ought to have known or suspected something, the issue is to be decided having regard to:
 (a) the person's abilities, experience, qualifications and training; and
 (b) the