Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p44
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 44/63)
Character Range: 122566–125507

for the transfer of dangerous goods otherwise than in accordance with Chapter 10 of the ADG Code.

17.2  Form of administrative determinations and approvals
 (1) An administrative determination, or an approval made on written application, must be in writing.
 (2) However, an approval made on oral application under regulation 10.9 may be given orally.

17.3  When administrative determinations and approvals not to be made etc.
  The Competent Authority must not make an administrative determination on the application of, or give an approval under these Regulations to, a person who is prohibited by a court order from involvement in the transport of dangerous goods by road.
Note: For court orders, see section 45 of the Act.

17.4  Reasons for refusal of applications
 (1) This regulation applies if the Competent Authority refuses an application to:
 (a) make or vary an administrative determination; or
 (b) grant or vary an approval under these Regulations.
 (2) The Competent Authority must inform the applicant in writing of the refusal and of the reasons for the refusal.
 (3) However, if the Competent Authority refuses an oral application to vary an approval given under regulation 10.9, the Authority may inform the applicant orally.

17.5  Periods and conditions
 (1) An administrative determination is made, and a written approval under these Regulations is given, for the period stated in the determination or approval.
 (2) However, if an approval under regulation 10.9 is given orally, the Competent Authority may tell the applicant orally of the period for which the approval is given when the Authority gives the approval.
 (3) A condition to which an administrative determination, or a written approval, is subject must be stated in the determination or approval.
 (4) However, if an approval under regulation 10.9 is given orally, the Competent Authority may tell the applicant orally of any condition when the Authority gives the approval.

17.6  Replacement administrative determinations and approvals
  The Competent Authority must issue to a person to whom an administrative determination applies, or an approval is given, a replacement determination or approval if:
 (a) the determination or approval is varied; or
 (b) the Authority is satisfied that the determination or approval has been defaced, destroyed, lost or stolen.

17.7  Failure to comply with conditions
  A person to whom an administrative determination applies, or an approval is given, must not contravene a condition of the determination or approval.
Penalty: $1 500.

17.8  Grounds for cancelling administrative determinations and approvals
 (1) An administrative determination or approval may be cancelled if the application for the determination or approval:
 (a) did not comply with these Regulations; or
 (b) was false or misleading in a material respect.
 (2) An administrative determination or approval may be cancelled if:
 (a) a relevant