Northern Territory Numbered Acts

TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL LEGISLATION AMENDMENT ACT 2022 (NO 29 OF 2022) - SECT 73

After regulation 223

insert

Division 5     Referral of determinations to CAP

223A     Referral to CAP

    (1)     The Competent Authority must refer to the CAP an administrative determination or an application for an administrative determination, if the Competent Authority considers the administrative determination should have effect in all participating jurisdictions or participating jurisdictions including the Territory.

    (2)     The Competent Authority must refer to the CAP an administrative determination having effect in the Territory and one or more other participating jurisdictions if:

    (a)     the Competent Authority considers that the administrative determination should be cancelled or varied; or

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

223B     Effect of CAP decision about administrative determination

If the Competent Authority refers an administrative determination or an application for an administrative determination to the CAP under regulation 223A(1), the Competent Authority must have regard to any decision of the CAP that:

    (a)     the administrative determination should be granted, what the terms of the administrative determination should be and that the administrative determination should have effect in all participating jurisdictions or participating jurisdictions including the Territory; or

    (b)     the administrative determination should not be granted or should not have effect in the Territory.

223C     Effect of CAP decision about cancellation or variation

If the Competent Authority refers an administrative determination to the CAP under regulation 223A(2), the Competent Authority must have regard to any decision of the CAP that the administrative determination:

    (a)     should, or should not, be cancelled; or

    (b)     should be varied (whether as proposed by the Competent Authority or differently) and should have effect as varied in all participating jurisdictions or participating jurisdictions including the Territory; or

    (c)     should not be varied.