Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p49
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 49/84)
Character Range: 281779–284915

written reasons to the corresponding authority for the recommendation. (15.7)

15.3.2  Recommendations by corresponding authorities
 (1) This {clause} applies if a corresponding authority recommends to the Competent Authority in writing that the Competent Authority do any of the following:
 (a) revoke or vary a determination that is not an administrative determination;
 (b) cancel or vary an administrative determination;
 (c) cancel or vary an approval;
 (d) cancel, suspend or vary a dangerous goods driver licence or dangerous goods vehicle licence.
 (2) The Competent Authority must:
 (a) if the recommendation is about a determination (except an administrative determination) or approval that has effect in 1 or more other participating jurisdictions—refer the recommendation to CAP; and
 (b) in any other case—have regard to the recommendation. (15.8)

Division 15.4—Mutual recognition of determinations, exemptions, approvals and licences

15.4.1  Corresponding determinations
 (1) This {clause} applies to a determination made by a corresponding authority if:
 (a) the determination is made under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following {clauses}:
 (i) {clause} 1.6.1 (Determinations—dangerous goods and packagings);
 (ii) {clause} 1.6.2 (Determinations—foreign approved IBCs, tanks and MEGCs);
 (iii) {clause} 1.6.3 (Determinations—vehicles, routes, areas, vehicles and times); and
 (b) the determination has effect in the other jurisdiction; and
 (c) either of the following subparagraphs applies:
 (i) CAP has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction and CAP has not reversed the decision;
 (ii) the determination is an administrative determination.
 (2) The determination has effect in this jurisdiction as if it were a determination made by the Competent Authority under the relevant provision. (15.9, amd)

15.4.2  Corresponding exemptions
 (1) This {clause} applies to an exemption granted by a corresponding authority if:
 (a) the exemption is granted for a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of {this subordinate law}; and
 (b) the exemption has effect in the other jurisdiction; and
 (c) CAP has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and CAP has not reversed the decision.
 (2) The exemption has effect in this jurisdiction as if it were an exemption granted by the Competent Authority for the relevant provision. (15.10, amd)
 (3) A decision of CAP that an exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction ceases to be in force 10 years after the day on which the decision was made unless:
 (a) the decision is sooner reversed by CAP; or
 (b) the exemption to which the decision relates is sooner cancelled or varied by the corresponding authority.

15.4.3  Corresponding approvals