Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 182

    (1)     An administrative determination or approval may be varied if the application for the determination or approval—

        (a)     did not comply with this regulation; or

        (b)     was false or misleading in a material respect.

Note     Giving false or misleading information is an offence against the Criminal Code, s 338.

    (2)     An administrative determination or approval may be varied if—

        (a)     a relevant change has happened since the determination was made or the approval was given; and

        (b)     if the change had happened earlier—

              (i)     the determination would have been made in the way in which it is proposed to be varied; or

              (ii)     the approval would have been given in the way in which it is proposed to be varied.

    (3)     An administrative determination or approval may be varied if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened—

        (a)     a provision of the Act; or

        (b)     a provision of the law in force in another participating jurisdiction corresponding to a provision of the Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including this regulation (see Legislation Act, s 104).

    (4)     In this section:

"relevant change", for a determination or approval, means a change about something that the competent authority may or must consider in deciding whether to make the determination or give the approval.

Part 19.2     Register of approvals