Subdiv 3General

Subdivision 3—General 172—Application of Subdivision This Subdivision applies to determinations made under this Part on application and to approvals given under this Part. 173—Application for determination or approval (1) An application for a determination or approval must— (a) be made to the Competent Authority in writing; and (b) in the case of an application for the approval of a design for packaging—include the information required under Part 6 of the ADG Code; and (c) in the case of an application for the approval of a design for a Type II segregation device—include the information required under Chapter 6.11 of the ADG Code; and (d) be accompanied by the prescribed fee. (2) The Competent Authority may, by written notice, require an applicant to give to the Authority any additional information necessary for the proper consideration of the application. (3) If the Competent Authority refuses the application, the Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. 174—Court orders The Competent Authority must not make a determination or give an approval on the application of a person who is prohibited by court order from involvement in the transport of dangerous goods. 175—Form and term of determination or approval (1) A determination or approval must be in writing. (2) A condition to which a determination or approval is subject must be specified in the determination or approval. (3) A determination or approval has effect for the period specified in the determination or approval. (4) A person on whose application a determination is made or approval given is, for the purposes of these regulations, the holder of the determination or approval. 176—Variation or revocation of determination or approval on application (1) The Competent Authority may, on application by the holder of a determination or approval, vary or revoke the determination or approval. (2) An application for variation or revocation of a determination or approval must be accompanied by the determination or approval. 177—Grounds for revocation or variation (1) The Competent Authority may revoke a determination or approval if satisfied that— (a) the application for the determination or approval did not comply with these regulations or was false or misleading in a material respect; or (b) a relevant change has happened since the determination was made or approval given and, if the change had happened earlier, the determination would not have been made or approval given; or (c) the holder of the determination or approval is unsuitable to continue to be the holder of the determination or approval because the person has contravened Part 4 of the Act or these regulations or a corresponding law; or (d) other reasonable grounds exist for doing so. (2) The Competent Authority may vary a determination or approval if satisfied that— (a) the application for the determination or approval did not comply with these regulations or was false or misleading in a material respect; or (b) a relevant change has happened since the determination was made or approval given and, if the change had happened earlier, the determination would have been made, or the approval would have been given, in the way in which it is proposed to be varied; or (c) the holder of the determination or approval is unsuitable to continue to be the holder of the determination or approval without variation because the person has contravened Part 4 of the Act or these regulations or a corresponding law; or (d) other reasonable grounds exist for doing so. (3) The Competent Authority must, before revoking or varying a determination or approval under this regulation, give to the holder of the determination or approval a written notice that— (a) states what the proposed action is; and (b) if the proposed action is to vary the determination or approval—sets out the proposed variation; and (c) sets out the ground for the proposed action; and (d) outlines the facts and other circumstances forming the basis for the ground; and (e) invites the holder to state in writing, within a specified period of at least 28 days after the day the notice is given to the holder, why the proposed action should not be taken. (4) Notice is not required under subregulation (3) if, in the opinion of the Competent Authority, the revocation or variation is necessary to avoid, eliminate or minimise a dangerous situation. relevant change means a change about something that the Competent Authority may or must consider in deciding whether to make the determination or give the approval. 178—Revocation giving effect to court orders The Competent Authority must revoke a determination or approval if the holder is prohibited by court order from involvement in the transport of dangerous goods. 179—When revocation and variation take effect (1) The revocation or variation of a determination or approval by the Competent Authority takes effect on— (a) the day the holder of the determination or approval is given written notice by the Competent Authority of the revocation or variation; or (b) a later day specified in the notice. (2) The Competent Authority must inform the holder of a determination or approval in writing of the reasons for the revocation or variation. 180—Application for reconsideration of decision (1) A person directly affected by a decision of the Competent Authority relating to a determination or approval may apply to the Competent Authority for reconsideration of the decision. (2) An application for reconsideration must be made within— (a) 28 days after the day the person was informed of the decision by the Competent Authority; or (b) a longer period allowed by the Competent Authority, either before or after the end of the 28 days. (3) The application must be in writing and set out the grounds on which reconsideration of the decision is sought. (4) Within 28 days after receiving the application, the Competent Authority must reconsider the decision, and confirm, revoke or vary the decision. (5) If the Competent Authority has not reconsidered the decision within that period, the Competent Authority is to be taken to have confirmed the decision. (6) The Competent Authority must inform the applicant in writing of the result of the reconsideration and of the reasons for the result. (7) A person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review in circumstances where an application for reconsideration of a decision may be made under this regulation, subject to an application for reconsideration of the decision having been made and the period allowed for reconsideration having expired before the application for a review is made. (8) An application for review must be made within 28 days of the applicant receiving notice of the result of the reconsideration or, if the Competent Authority has not reconsidered the decision within the period allowed by this regulation, within 28 days after the expiry of that period. (9) If the reasons of the Competent Authority are not given in writing at the time of the reconsideration and the person affected by the reconsideration (within 28 days of the reconsideration) requires the Competent Authority to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons. Division 2—Exemptions 181—Applications for exemptions (1) An application for an exemption (under section 36 of the Act) from Part 4 of the Act or these regulations must— (a) be made in writing to the Competent Authority; and (b) state the applicant's name and address; and (c) specify the provisions of the Act, these regulations or the ADG Code to which it is proposed the exemption relate; and (d) specify the person, place, vehicles or activities or the class of persons, places, vehicles or activities to which it is proposed the exemption relate; and (e) state why, in the applicant's opinion, compliance with the provisions is not reasonably practicable; and (f) state why, in the applicant's opinion, the exemption (subject to compliance with specified conditions, if any) would not result in an increased risk of personal injury, property damage or environmental harm and would not cause unnecessary administrative or enforcement difficulties; and (g) specify the period for which the exemption is sought; and (h) specify any conditions to which it is proposed the exemption be subject; and (i) be signed and dated by or for the applicant; and (j) be accompanied by the prescribed fee. (2) The Competent Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application. 182—Corresponding exemptions (1) This regulation applies to an exemption granted by a corresponding authority if— (a) the exemption is granted from compliance with a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of these regulations; and (b) the exemption has effect in the other jurisdiction; and (c) CAP has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this State, and CAP has not reversed the decision. (2) Subject to subregulation (3), the exemption has effect in this State as if it were an exemption from compliance with the relevant provision granted by the Competent Authority. (3) The exemption will cease to have effect 10 years after the day CAP decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including this State (if it has not earlier ceased to have effect). Division 3—Relationship with corresponding authorities 183—References to CAP (1) The Competent Authority must refer the following matters to CAP: (a) — (i) an application for an exemption under section 36 of the Act; or (ii) an application for a determination or approval under these regulations; or (iii) an approval granted, a determination made or an exemption given by the Competent Authority, that the Authority considers should have effect in another participating jurisdiction; (b) any proposal of the Competent Authority to revoke or vary a determination, approval or exemption having effect in this State and 1 or more other participating jurisdictions. (2) The Competent Authority must have regard to any decision made by CAP on a matter referred to it under this regulation. (3) The Competent Authority may refer to CAP any determination, exemption or approval that has been made by a corresponding authority that the Competent Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including this jurisdiction, for the purposes of regulations 156, 158 and 169. 184—Recommendations by Competent Authority (1) The Competent Authority may recommend, in writing, to a corresponding authority that the authority— (a) cancel, suspend or vary a corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence; or (b) revoke or vary a corresponding determination, corresponding approval or corresponding exemption. (2) The Competent Authority must provide written reasons to the corresponding authority for the recommendation. 185—Recommendations by corresponding authorities (1) If the Competent Authority receives a recommendation in writing from a corresponding authority that the Authority revoke or vary a determination, approval or exemption, the Competent Authority need not take any action on the recommendation until CAP has considered the recommendation. (2) The Competent Authority must have regard to any decision made by CAP on the matter. (3) If the Competent Authority receives a recommendation in writing from a corresponding authority that the Authority cancel, suspend or vary a dangerous goods driver licence or dangerous goods vehicle licence, the Competent Authority must have regard to the recommendation. Division 4—Register 186—Register (1) The Competent Authority must keep a register of the following: (a) dangerous goods driver licences; (b) dangerous goods vehicle licences; (c) determinations; (d) approvals; (e) exemptions. (2) The register may— (a) be part of a central register kept by the Competent Authority with corresponding authorities; and (b) have separate divisions for different kinds of licences, determinations, approvals or exemptions. (3) The record of a licence in the register must include the following information: (a) the name of the licensee; (b) the date the licence was granted or renewed; (c) either— (i) the period for which the licence was granted or renewed; or (ii) the expiry date of the licence; (d) for a dangerous goods driver licence—the licensee's date of birth; (e) for a dangerous goods vehicle licence—the registration number (if any), make and type of each road vehicle to which the licence relates; (f) any condition to which the licence is subject. (4) The Competent Authority must note in the register the surrender, cancellation, suspension or variation of a licence. (5) The record of a determination, approval or exemption in the register must include— (a) the terms of the determination, approval or exemption; and (b) if the determination, approval or exemption was made on the application of a person—the name of the holder of the determination, approval or exemption; and (c) the date the determination, approval or exemption was made, given or granted. (6) The Competent Authority must note in the register the revocation or variation of a determination, approval or exemption. 187—Inspection of register (1) The Competent Authority must ensure that the register kept under these regulations is available for inspection by corresponding authorities and the public. (2) The Competent Authority is taken to comply with subregulation (1) by ensuring that— (a) there is reasonable access to copies of information in the register; or (b) the register is kept available for inspection— (i) during ordinary office hours at the office of the Competent Authority; or (ii) by electronic means. Division 5—Service of notices 188—Giving of notice (1) A notice required or authorised by these regulations to be given to a person by the Competent Authority or an authorised officer may be given— (a) by delivering it personally to the person or an agent of the person; or (b) by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) by posting it to the person or agent of the person at the person's or agent's last known place of residence or business. (2) Without limiting subregulation (1), a notice required or authorised to be given to an applicant under these regulations or to a licensee under the Act may be given— (a) by posting it to the person at the address last provided to the Competent Authority by the person for that purpose; or (b) by transmitting it to the person by fax transmission or email to the fax number or email address last provided to the Competent Authority by the person for that purpose; or (c) in the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with that Act.