Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p48
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 48/84)
Character Range: 279279–282074

terminal to inspect a register. (15.3)

Division 15.2—Competent Authorities Panel

15.2.1  Membership and function of CAP
 (1) Competent Authorities Panel or CAP means the panel of that name comprising persons each of whom:
 (a) is a Competent Authority (or a representative of a Competent Authority) of this or a participating jurisdiction; and
 (b) is appointed by the Australian Transport Council. (new)
 (2) The function of CAP is to decide matters referred to it by a person mentioned in {subclause} (1) (a CAP member). (15.4, amd)

15.2.2  CAP meetings
 (1) CAP may hold a meeting to decide a matter referred to CAP.
 (2) CAP may permit a CAP member to participate in a meeting, or all meetings, by telephone, closed‑circuit television or any other means of communication.
 (3) A member who participates in a meeting under a permission under {subclause} (2) is taken to be present at the meeting.
 (4) CAP may invite a person to be present at a meeting to advise or inform, or make a submission to, CAP. (15.5, amd)

15.2.3  CAP decisions
 (1) A CAP member has a single vote on a decision to be made by CAP.
 (2) A matter that is referred to a meeting of CAP must be decided by a majority of votes.
 (3) However, if there are 2 or more CAP members representing this or a participating jurisdiction, the members jointly have a single vote on a decision to be made by CAP.
 (4) A decision is a valid decision of CAP, even though it is not made at a meeting of CAP, if each member of CAP agrees in writing to the proposed decision.
 (5) However, if there are 2 or more CAP members representing this or a participating jurisdiction, it is sufficient if 1 or more of those members agree. (15.6, amd)

Division 15.3—Recommendations by Competent Authority and corresponding authorities

15.3.1  Recommendations by Competent Authority
 (1) This {clause} applies if the Competent Authority considers that a ground exists for a corresponding authority to do any of the following (the proposed action):
 (a) revoke or vary a corresponding determination that is not a corresponding administrative 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 dangerous goods driver licence or dangerous goods vehicle licence.
 (2) The Competent Authority may recommend, in writing, that the corresponding authority take the proposed action.
 (3) The Competent Authority must provide 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)