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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