Tasmanian Numbered Regulations

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EXPLOSIVES REGULATIONS 2012 (S.R. 2012, NO. 128) - REG 55

Effect of recognition
(1)  In this regulation –
recognition conditions has the same meaning as it has in regulation 54 .
(2)  This regulation applies if, under regulation 54 , an interstate shot-firing authority ( " the authority " ) is recognised in Tasmania.
(3)  The recognition entitles the holder of the authority ( " the interstate shot-firer " ) to do shot-firing in Tasmania of the category specified in the certificate of recognition until –
(a) the authority is exhausted or expires, or is cancelled or surrendered under the corresponding law; or
(b) the Secretary, by notice to the interstate shot-firer, cancels the recognition.
(4)  However –
(a) the entitlement is subject to the recognition conditions and, in so far as they can apply in Tasmania, the conditions of the authority; and
(b) the recognition has no force or effect during any period in which the authority is suspended under the corresponding law.
(5)  The recognition is not renewable or transferable.
(6)  The Secretary, by notice to an interstate shot-firer to whom a recognition has been granted, may cancel the recognition if the Secretary believes on reasonable grounds that –
(a) the interstate shot-firer no longer requires the recognition or can no longer demonstrate a legitimate need for it; or
(b) it is necessary or expedient to do so in the interests of State security or public safety; or
(c) the interstate shot-firer has done, in Tasmania, shot-firing of a category not specified in the certificate of recognition; or
(d) the recognition conditions or, in so far as they can apply in Tasmania, the conditions of the authority have been contravened in a material or sustained way; or
(e) having regard to the criteria in Schedule 4 or any other matters, the interstate shot-firer is no longer a fit and proper person to have the benefit of such recognition; or
(f) there is other compelling justification for the cancellation.
(7)  However, the Secretary is not to cancel the recognition solely on the ground referred to in subregulation (6)(b) except at the direction or with the express prior approval of the Minister administering the Police Powers (Public Safety) Act 2005 or Security-sensitive Dangerous Substances Act 2005 .
(8)  The notice under subregulation (6) is to inform the interstate shot-firer of –
(a) the cancellation; and
(b) the reasons for the cancellation; and
(c) when the cancellation takes effect; and
(d) the right of review.
(9)  The cancellation of the recognition has the automatic effect of cancelling the interstate shot-firer's accreditation, if any, as a shot-firing instructor.
(10)  For the purposes of this regulation, the Secretary may liaise with and report any relevant matters to the responsible authorities under the relevant corresponding law.


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