Tasmanian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EXPLOSIVES REGULATIONS 2012 (S.R. 2012, NO. 128) - REG 20

Cancellation of authorisations
(1)  The Secretary may cancel the authorisation of an explosive if reasonably satisfied that –
(a) the explosive no longer has a legitimate use in Tasmania; or
(b) the explosive cannot be safely handled even with appropriate safeguards; or
(c) the explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or
(d) the explosive is subject to a recall by its manufacturer or importer; or
(e) equivalent authorisations have been cancelled or suspended under corresponding laws; or
(f) the authorisation was given on the basis of false or questionable information; or
(g) there is other compelling justification for the cancellation.
(2)  The cancellation may be effected –
(a) on the Secretary's own initiative; or
(b) on the application of any person in accordance with regulation 113 .
(3)  The Secretary may –
(a) refuse an application; or
(b) approve an application.
(4)  If subregulation (3)(a) applies, the Secretary is to notify the applicant as soon as practicable of –
(a) the refusal; and
(b) the reasons for the refusal; and
(c) the right of review.
(5)  If subregulation (3)(b) applies, the Secretary is to do the following as soon as practicable:
(a) determine the date on which the cancellation is to take effect;
(b) notify the applicant of the cancellation and the date on which the cancellation is to take effect;
(c) make a corresponding amendment to the register;
(d) publish the cancellation and date of cancellation in the Gazette and in the other ways, if any, that the Secretary thinks fit.
(6)  The Secretary must also take the actions referred to in subregulation (5)(a) , (c) and (d) if cancelling the authorisation of an explosive on his or her own initiative.
(7)  An explosive that has had its authorisation cancelled under this regulation is not an authorised explosive.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback