Tasmanian Numbered Regulations

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EXPLOSIVES REGULATIONS 2012 (S.R. 2012, NO. 128) - REG 54

Recognition of interstate shot-firers
(1)  An adult who holds a valid interstate shot-firing authority ( " the authority " ) may apply to the Secretary to have it recognised in Tasmania.
(2)  The application must be in accordance with regulation 113 and, additionally –
(a) specify particulars of the authority; and
(b) specify the kind of shot-firing permitted by the authority; and
(c) specify which (Tasmanian) category of shot-firing the applicant requires the recognition for; and
(d) specify particulars of the shot-firing jobs that the applicant intends or has contracted to do in Tasmania; and
(e) specify, if known, the dates or periods, on or during which the applicant intends to do shot-firing in Tasmania; and
(f) contain the applicant's signed consent for the Secretary to seek and be provided with any information the Secretary considers necessary or expedient regarding the interstate shot-firing authority.
(3)  The Secretary may –
(a) refuse the application; or
(b) approve the application on the conditions, if any, that the Secretary thinks fit (the " recognition conditions " ).
(4)  Without limiting the Secretary's discretion –
(a) the application may be refused if –
(i) the authority is about to expire and is not renewable; or
(ii) the applicant intends to do shot-firing in Tasmania for a period exceeding 6 months or several periods exceeding, in aggregate, 6 months; or
(iii) the kind of shot-firing permitted by the authority does not correspond, sufficiently or at all, to the (Tasmanian) category of shot-firing for which the recognition is sought; and
(b) the recognition conditions may, if the application is approved, stipulate that the recognition is only valid for –
(i) particular tasks, employers or contracts; or
(ii) particular types of explosives (including, where applicable, fireworks); or
(iii) particular days or periods.
(5)  Also, the Secretary must not approve the application unless satisfied that the applicant –
(a) is an adult; and
(b) has legitimate need of the recognition; and
(c) is, having regard to Schedule 4 and other matters the Secretary considers relevant, a fit and proper person to have the benefit of such recognition.
(6)  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.
(7)  If subregulation (3)(b) applies, the Secretary is to notify the applicant as soon as practicable of –
(a) the approval; and
(b) if applicable, the recognition conditions and the applicant's right of review in respect of those conditions; and
(c) when the recognition takes (or, if applicable, has) effect –
and issue the applicant with a certificate in evidence of the recognition.
(8)  The certificate must specify –
(a) the category of shot-firing the recognition is valid for; and
(b) the recognition conditions.
(9)  A person must not contravene a recognition condition.
Penalty:  Fine not exceeding 50 penalty units.

Note: These "mutual recognition" provisions recognise that there may be times when it is necessary or expedient to allow shot-firers from other jurisdictions to work in Tasmania – where they have special industrial expertise, for example – and these provisions seek to facilitate this. However, if the work is to be on an extended basis, an interstate shot-firer should apply for a Tasmanian shot-firing permit.



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