Tasmanian Numbered Regulations

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EXPLOSIVES REGULATIONS 2012 (S.R. 2012, NO. 128) - REG 67

Transfer of accreditation
(1)  In this regulation –
reasonable period means a period of at least 7 days allowed by the Secretary.
(2)  In the case of a shot-firing instructor, accreditation is personal and non-transferable.
(3)  In the case of a shot-firing training course, the holder of the accreditation may apply to the Secretary for approval to transfer the accreditation, either permanently or for a limited period.
(4)  The application must be in accordance with regulation 113 and, additionally –
(a) identify the transferee; and
(b) specify the proposed date or period of transfer; and
(c) contain evidence that the transferee supports the making of the application.
(5)  The Secretary may –
(a) refuse the application; or
(b) approve the application on the conditions, if any, that the Secretary thinks fit (the " transfer conditions " ).
(6)  A transfer condition may be –
(a) a condition precedent attaching to the transfer; or
(b) a condition attaching to the accreditation itself.
(7)  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.
(8)  If the application is approved unconditionally, the Secretary is to do the following as soon as practicable:
(a) notify the applicant of the approval;
(b) take the administrative measures that may be necessary or expedient to execute the transfer.
(9)  If the application is approved conditionally, the following provisions apply:
(a) the Secretary is to notify the applicant of the approval and the proposed transfer conditions;
(b) if, within a reasonable period, the applicant agrees to the proposed transfer conditions (or, failing that, the Secretary and the applicant are able to agree on modified transfer conditions) the Secretary is to –
(i) take the administrative measures that may be necessary or expedient to execute the transfer; 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 transfer conditions (or the Secretary and the applicant are unable to agree on modified transfer conditions) the application is taken to have been refused at the end of that period and the procedure set out in subregulation (7) is to be followed.
(10)  A transfer of accreditation –
(a) is of no effect unless approved by the Secretary; and
(b) if approved, takes effect subject to any transfer conditions.
(11)  Despite any other provision of this regulation, the Secretary may, by notice to the parties, suspend or cancel an approval to the transfer of any accreditation if the transfer has not, in the Secretary's reasonable opinion, been completed and a condition precedent attaching to the transfer has not been complied with.



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