Tasmanian Numbered Regulations

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EXPLOSIVES REGULATIONS 2012 (S.R. 2012, NO. 128) - REG 66

Variation of accreditation
(1)  The Secretary may vary the conditions of an accreditation at any time by –
(a) adding new conditions; or
(b) varying or removing existing conditions.
(2)  The variation may be effected –
(a) consequent on an application made by the holder of the accreditation in accordance with regulation 113 ; or
(b) on the Secretary's own initiative, for reasonable cause, after consulting the holder of the accreditation.
(3)  Without limiting what may be relevant for subregulation (2)(b) , the Secretary may have regard to the scope, rigorousness and practicality of the existing accreditation conditions by reference to such things as –
(a) developments in shot-firing technology, practices or training; and
(b) the experience of any person in respect of the accreditation or similar accreditation; and
(c) changes in the law, or in any relevant code or standard, having implications for shot-firing training; and
(d) changes in the State's security environment having implications for shot-firing training; and
(e) changes in the scope or nature of any activities related to the relevant category of shot-firing; and
(f) workplace and training safety issues; and
(g) accreditation compliance issues.
(4)  If subregulation (2)(a) applies and the application is refused, the Secretary is to notify the applicant of –
(a) the refusal; and
(b) the reason for the refusal; and
(c) the right of review.
(5)  If subregulation (2)(a) applies and the application is approved, the Secretary is to notify the applicant of the approval, the variation and when the variation is to take effect.
(6)  If subregulation (2)(b) applies, the Secretary is to notify the holder of the permit of –
(a) the variation; and
(b) the reasons for the variation; and
(c) when the variation is to take effect; and
(d) if the variation has the effect of making the permit more restrictive, the right of review.
(7)  The variation of the conditions of any accreditation takes effect when the holder of the accreditation is notified of the approval of variation or a later time specified in the notice.
(8)  The Secretary, on varying the conditions of any accreditation, may issue the holder of the accreditation with a fresh certificate of accreditation.



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