(1)  In this regulation –

reasonable period means a period of at least 7 clear days allowed by the Secretary.

(2)  A person may apply to the Secretary for a permit to handle an unauthorised explosive.

(3)  The application must be in accordance with regulation 113 .

(4)  The Secretary may –

(a) refuse the application; or

(b) approve the application on the conditions as to time, place, supervision, safety, security, scope of handling or otherwise that the Secretary thinks fit (in this regulation referred to as " permit conditions " ).

(5)  To avoid doubt, the application may not be approved except on conditions.

(6)  If the application is refused, 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.

(7)  If the application is approved, the following provisions apply:

(a) the Secretary is to notify the applicant as soon as practicable of the approval and the proposed permit conditions;

(b) if, within a reasonable period, the applicant agrees to the proposed permit conditions (or, failing that, the Secretary and applicant are able to agree on modified conditions) the Secretary is to –

(i) issue the applicant with the permit on the proposed (or, if applicable, modified) permit conditions; and

(ii) inform such other persons of the matter as the Secretary thinks fit;

(c) if, within a reasonable period, the applicant does not agree to the proposed permit conditions (or the Secretary and the applicant are unable to agree on modified conditions), the application is taken to have been refused at the end of that period and the procedure set out in subregulation (6) is to be followed.

(8)  A permit under this regulation –

(a) authorises its holder to handle an unauthorised explosive as specified in the permit; and

(b) comes into force as soon as it is issued and, unless sooner cancelled or surrendered, continues in force until midnight of the expiry date determined by the Secretary and specified in the permit; and

(c) may, by notice to its holder, be varied by the Secretary at any time; and

(d) may, by notice to the Secretary, be surrendered at any time; and

(e) is not renewable or transferable.

(9)  The holder of a permit under this regulation must not contravene a condition of the permit.

Penalty:  Fine not exceeding 50 penalty units.

(10)  The Secretary, by notice, may cancel a permit under this regulation at any time if the Secretary believes on reasonable grounds that –

(a) the holder of the permit no longer requires it or can no longer demonstrate a legitimate need for it; or

(b) the unauthorised explosive cannot be safely handled even with appropriate safeguards; or

(c) the unauthorised explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or

(d) the unauthorised explosive is subject to a recall by its manufacturer or importer; or

(e) the cancellation is necessary or expedient in the interests of State security or public safety; or

(f) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is not a fit and proper person to continue holding such a permit; or

(g) there is other compelling justification for cancellation.

(11)  However, the Secretary is not to cancel a permit solely on the ground referred to in subregulation (10)(e) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or the Security-sensitive Dangerous Substances Act 2005 .

(12)  The notice under subregulation (10) is to inform the holder of the permit of –

(a) the cancellation; and

(b) the reasons for the cancellation; and

(c) when the cancellation takes effect; and

(d) the right of review.