Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p40
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 40/63)
Character Range: 111527–114692

determination;
 (b) cancel or vary a corresponding administrative determination;
 (c) cancel or vary a corresponding approval or exemption;
 (d) cancel, suspend or vary a corresponding bulk driver or vehicle licence.
 (2) The Competent Authority may recommend, in writing, that the corresponding Competent Authority take the proposed action.
 (3) The Competent Authority must provide written reasons to the corresponding Competent Authority for the recommendation.

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

Division 4—Mutual recognition of determinations, exemptions, approvals and licences

15.9  Corresponding determinations
 (1) This regulation applies to a determination made by a corresponding Competent Authority for another participating jurisdiction 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 regulations:
 • regulation 1.18 (Determinations—dangerous goods)
 • regulation 4.27 (Determinations—foreign approved tanks and IBCs)
 • regulation 13.7 (Determinations—routes, areas, vehicles and times); and
 (b) the determination is in force in the other jurisdiction; and
 (c) either of the following subparagraphs applies:
 (i) the Panel has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, the determination is recorded in the register kept under regulation 1.21, and the Panel has not reversed the decision;
 (ii) the determination was made on the application of a person and applies only to the person.
 (2) Except for circumstances that do not exist in this jurisdiction, the determination has effect in this jurisdiction as if it were a determination made by the Competent Authority under the relevant provision.

15.10  Corresponding exemptions
 (1) This regulation applies to an exemption granted by a corresponding Competent Authority for another participating jurisdiction if:
 (a) the exemption is granted for a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of these Regulations; and
 (b) the exemption is in force in the other jurisdiction; and
 (c) the Panel has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction, and has not reversed