Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) AMENDMENT REGULATION 2024 (NO 1) (NO 5 OF 2024) - REG 70

New part 19.1A

insert

Part 19.1A     Referring determinations to CAP

182A     Referrals—determinations should apply to participating jurisdictions

The competent authority must refer to CAP a determination, or application for a determination, under chapter 3 if the authority considers that the determination should have effect in—

        (a)     all participating jurisdictions; or

        (b)     the ACT and 1 or more other participating jurisdictions.

182B     Referrals—determinations should be cancelled or varied

The competent authority must refer to CAP a determination having effect in the ACT and at least 1 other participating jurisdiction if—

        (a)     the authority considers that the determination should be cancelled or varied; or

        (b)     a corresponding authority recommends to the authority, in writing, that the determination should be cancelled or varied.

182C     Taking into account CAP's decisions—referrals under s 182A

If a determination, or application for a determination, is referred to CAP under section 182A, the competent authority must take into account a decision of CAP that—

        (a)     the determination—

              (i)     should be made on stated terms; and

              (ii)     should have effect in—

    (A)     all participating jurisdictions; or

    (B)     the ACT and 1 or more other participating jurisdictions; or

        (b)     the determination should not have effect in the ACT.

182D     Taking into account CAP's decisions—referrals under s 182B

If a determination is referred to CAP under section 182B, the competent authority must take into account a decision of CAP that—

        (a)     the determination should or should not be cancelled; or

        (b)     the determination—

              (i)     should be varied, whether or not as proposed by the authority; and

              (ii)     should have effect, as varied, in—

    (A)     all participating jurisdictions; or

    (B)     the ACT and 1 or more other participating jurisdictions; or

        (c)     the determination should not be varied.



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