Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p55
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 55/84)
Character Range: 298071–301086

that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.
 (2) The Competent Authority must refer to CAP an approval having effect in this jurisdiction, and 1 or more other participating jurisdictions, if:
 (a) the Authority considers that the approval should be cancelled or varied; or
 (b) a corresponding authority recommends to the Competent Authority in writing that the approval should be cancelled or varied. (17.12)

17.3.2  Effect of CAP decisions about applications
 (1) This {clause} applies if:
 (a) an application for an approval is referred to CAP under {subclause} 17.3.1 (1); and
 (b) CAP decides:
 (i) that the approval should be given, what the terms of the approval should be, and that the approval should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or
 (ii) that the approval should not have effect in this jurisdiction.
 (2) The Competent Authority must have regard to CAP's decision. (17.13)

17.3.3  Effect of CAP decisions about cancelling or varying approvals
 (1) This {clause} applies if:
 (a) an approval is referred to CAP under {subclause} 17.3.2 (2); and
 (b) CAP decides that the approval:
 (i) should, or should not, be cancelled; or
 (ii) should be varied (whether or not CAP's decision is the same as the variation proposed by the Authority), and should have effect as varied in all participating jurisdictions or in participating jurisdictions including this jurisdiction; or
 (iii) should not be varied.
 (2) The Competent Authority must have regard to CAP's decision. (17.14)

Division 17.4—Cancellation and variation

17.4.1  Cancellation and variation in dangerous situations
  The Competent Authority must cancel or vary a determination or approval if the Competent Authority reasonably believes that:
 (a) a ground exists to cancel or vary the administrative determination or approval; and
 (b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. (19.2)

17.4.2  Cancellation giving effect to court orders
  The Competent Authority must cancel an administrative determination if the person to whom the determination applies is prohibited by a court order from involvement in the transport of dangerous goods. (19.3)

17.4.3  Variation of administrative determinations and approvals on application
 (1) This {clause} applies if:
 (a) an application is made to vary an administrative determination or approval; and
 (b) the application is made in accordance with {clause} 17.1.1 by the person to whom the determination applies or to whom the approval is given.
 (2) The Competent Authority may vary the determination or approval in accordance with the application. (19.4)

17.4.4  Cancellation and variation in other circumstances
 (1) This {clause} applies if:
 (a) the Competent Authority considers that a ground exists to cancel or vary an administrative determination or approval (the proposed action); and