Queensland Numbered Acts

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POLICE AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 17 - SECT 42

42 Insertion of new ss 113A-113C

After section 113--

insert--

'(1) An authorised officer may amend the conditions applying to an approval to conduct a shooting gallery--

(a) on the application of the person granted the approval (gallery operator); or
(b) on the initiative of the authorised officer.

'(2) In making the amendment, the authorised officer must have regard to the need to protect persons from death or injury and property from unlawful destruction or damage.

'(3) Before making an amendment under subsection (1)(b), the authorised officer must--

(a) give written notice to the gallery operator stating--
(i) the details of the proposed amendment; and
(ii) that the person may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the person; and
(b) have regard to submissions made to the authorised officer by the person before the stated day.

'(4) If the authorised officer amends the conditions applying to an approval, the authorised officer must give written notice of the amendment to the gallery operator.

'(5) The amendment takes effect--

(a) on the day the written notice of the amendment is given to the person; or
(b) if a later day is stated in the notice--on the stated day.

'(6) An authorised officer may refuse to make an amendment under subsection (1)(a) by written notice given to the gallery operator stating the reasons for the refusal.

'(1) An authorised officer may make a temporary amendment of the conditions applying to an approval if the authorised officer considers, on reasonable grounds, it is necessary to make the amendment to protect a person from death or injury or property from unlawful destruction or damage.

'(2) An authorised officer may make an amendment under subsection (1) by written notice given to the gallery operator stating the reasons for the amendment.

'(3) The amendment takes effect--

(a) on the day the written notice of the amendment is given to the gallery operator; or
(b) if a later day is stated in the notice--on the stated day.

'(4) The amendment has effect for 28 days unless--

(a) the notice states a shorter period; or
(b) the authorised officer extends the amendment for a single further stated period, not longer than 28 days.

'(5) An authorised officer may extend an amendment under subsection (4)(b) by written notice given to the gallery operator stating the reasons for the extension.

'(1) An authorised officer may suspend or revoke an approval if--

(a) the gallery operator contravenes this Act; or
(b) the authorised officer believes, on reasonable grounds, it is necessary to suspend or revoke the approval to protect a person from death or injury, or property from unlawful destruction or damage.

'(2) The authorised officer must give written notice of the suspension or revocation to the gallery operator.

'(3) The notice must specify--

(a) if the approval has been suspended--the period of suspension; and
(b) the reasons for the suspension or revocation.

'(4) The suspension or revocation takes effect--

(a) on the day the notice is given to the gallery operator; or
(b) if a later day is stated in the notice--on the stated day.

'(5) A shooting gallery approval that is suspended stops having effect until the suspension is lifted.'.



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