Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to the following decisions (each a corresponding decision)—
(a) a decision of a corresponding authority to give or grant a person an AFM accreditation under a corresponding law to a fatigue management regulation;
(b) a decision of a corresponding authority to give or grant a person an exemption under a corresponding law to a fatigue management regulation.
(2) Except for circumstances that do not exist in Queensland, the chief executive may decide whether or not a corresponding decision is to have effect in Queensland, subject to any conditions or variation of conditions under subsection (4), as if it were a decision of the chief executive.
(3) The chief executive may decide that a corresponding decision is to have effect in Queensland as mentioned in subsection (2) only if the chief executive is satisfied that the accreditation or exemption the subject of the corresponding decision would be given or granted under a fatigue management regulation, subject to any conditions or variation of conditions under subsection (4), if an application for the accreditation or exemption were made under the fatigue management regulation.
(4) The chief executive may—
(a) impose an additional condition on the accreditation or exemption the subject of the corresponding decision; or
(b) vary the conditions applying to the accreditation or exemption the subject of the corresponding decision.
Examples for subsection (4)—
imposing or varying conditions about the maximum work requirements or minimum rest requirements that are to apply under the accreditation or exemption in Queensland
imposing a condition about the routes in Queensland that may or may not be used under the accreditation or exemption
varying a condition about the person to whom particular reports must be made in relation to the accreditation or exemption
(5) The imposition or variation of conditions under subsection (4) has effect only in Queensland.
(6) In deciding whether to impose or vary conditions under subsection (4), the chief executive may have regard to any recommendation made by the fatigue authorities panel.
(7) The chief executive must give the person to whom the corresponding decision relates written notice of the chief executive's decision under this section stating the following—
(a) the reasons for the decision;
(b) if the decision is that the corresponding decision is to have effect in Queensland subject to conditions imposed or varied under subsection (4)—the conditions that are to apply to the accreditation or exemption in Queensland, to the extent the conditions are different to those applying under the corresponding decision;
(c) if the decision is that the corresponding decision is not to have effect in Queensland, or the decision is that the corresponding decision is to have effect in Queensland subject to conditions imposed or varied under subsection (4), the prescribed review information for the decision.
(8) If the chief executive decides, under this section, that a corresponding decision is to have effect in Queensland—
(a) the corresponding decision has effect in Queensland, subject to any conditions imposed or varied under subsection (4), as if it were a decision of the chief executive; and
(b) a decision by the corresponding authority, who made the corresponding decision, to amend, suspend or cancel the accreditation or exemption the subject of the corresponding decision has effect in Queensland as if it were a decision of the chief executive.
Note—
Section 19B provides for the amendment, suspension or cancellation by the chief executive of a corresponding decision that has effect in Queensland under this section.
(9) In this section—
fatigue authorities panel means the entity recognised under a fatigue management regulation under section 150AB(1)(g).