Consultation Draft - National Transport Commission

17. Reference of matters to CAP for purposes of mutual recognition
(1) In clause 16.2.1, after "for an exemption " insert ", or an exemption that it has
granted,".
(2) In clause 16.2.2 –
(a)
(b)
in the heading, for "applications" substitute "exemptions";
in subclause (1)(a), after "for an exemption" insert ", or an exemption,".
(3) In clause 17.3.1, after "for an approval" insert ", or an approval that it has given,".
(4) In clause 17.3.2 –
(a)
(b)
in the heading, for "applications" substitute "approvals";
in subclause (1)(a), after "for an approval" insert ", or an approval,".
18. Insertion of Division 17.1A
After clause 17.1.9 insert –
"Division 17.1A
Reference of determinations to CAP
17.1A.1 References to CAP
(1) The Competent Authority must refer an application for a determination, or
a determination it has made, to CAP if the Authority considers that the
determination should have effect in all participating jurisdictions or
participating jurisdictions including this jurisdiction.
(2) The Competent Authority must refer to CAP a determination having effect
in this jurisdiction, and 1 or more other participating jurisdictions, if:
(a)
(b)
the Authority considers that the determination should be cancelled
or varied; or
a corresponding authority recommends to the Competent Authority
in writing that the determination should be cancelled or varied.
17.1A.2 Effect of CAP decisions about determinations
(1) This {clause} applies if:
(a)
(b)
an application for a determination, or a determination, is referred to
CAP under {subclause} 17.1A.1(1); and
CAP decides:
(i)
(ii)
that the determination should be given, what the terms of the
determination should be, and that the determination should
have effect in all participating jurisdictions or participating
jurisdictions including this jurisdiction; or
that the determination should not have effect in this
jurisdiction.
CONSULTATION DRAFT
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