Part 3Explosives
licences
10Licences may be granted under
this Act
(1)
Licences authorising the carrying out of an
activity that constitutes handling an explosive or explosive precursor may be
granted and otherwise dealt with in accordance with this
Part.
(2)
Licences may be granted or varied so as to cover
one or more activities involving explosives or explosive
precursors.
11Grant of
licence
(1)
Licences are to be granted by the regulatory
authority.
(2)
The regulatory authority may approve or refuse
applications for licences in accordance with this Act and the
regulations.
12Application to licences of
Licensing and Registration (Uniform Procedures) Act
2002
(1)
Part 2 of the Licensing and
Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in
respect of a licence, subject to the modifications and limitations prescribed
by or under this Act.
(2)
For the purpose of applying Part 2 of the applied
Act to a licence:
(a)
the licence may be amended under that Act,
and
(b)
the licence may be transferred under that
Act.
(3)
Subject to this section, the regulations may make
provision for or with respect to such matters concerning a licence as are
relevant to the operation of Part 2 of the applied Act.
13Commissioner of Police to
report on licences
(1)
The regulatory authority may request the
Commissioner of Police to furnish the regulatory authority with a report in
respect of any one or more of the following matters:
(a)
whether an applicant for the grant or renewal of
a licence or the holder of a licence has been found guilty or convicted of an
offence whether in New South Wales or elsewhere,
(b)
whether the applicant or licence holder is the
subject of a firearms prohibition order within the meaning of the Firearms Act 1996,
(c)
whether the applicant or licence holder is of
good character and repute,
(d)
whether the applicant or licence holder has a
history of violence or threats of violence, with violence including behaviour
referred to in section 13 of the Crimes (Domestic
and Personal Violence) Act 2007 (Stalking or intimidation
with intent to cause fear of physical or mental harm),
(e)
whether there is an apprehended violence order
under the Crimes (Domestic and Personal
Violence) Act 2007 in force with respect to the applicant
or licence holder,
(f)
whether the applicant or licence holder has good
reason for holding the licence,
(g)
whether the applicant or licence holder can be
trusted to handle explosives in the manner authorised by the licence without
danger to the public safety or the peace,
(h)
whether the applicant or licence holder has
adequate facilities for the safe keeping of explosives,
(i)
such other matters as the regulatory authority
may specify in the request.
(2)
The Commissioner of Police, on receiving a
request made under subsection (1), is to investigate the person to which the
request relates and furnish to the regulatory authority a report in respect of
the matter or matters that were the subject of the
request.
(3)
The report of the Commissioner of Police may
include any of the following information:
(a)
information in the Commissioner’s
possession,
(b)
information to which the Commissioner ordinarily
has access through arrangements with the police service of the Commonwealth or
another State or Territory.
(4)
A reference in this section to an applicant for
the grant or renewal of a licence or the holder of a licence includes, if that
applicant or holder is a corporation, a reference to each director and manager
of the corporation.
s 13: Am 2006 No 73,
Sch 3.13 [1]; 2007 No 80, Sch 2.13 [1].
14Conditions of
licences
(1)
Licences may be granted unconditionally or
subject to conditions.
(2)
After granting a licence, the regulatory
authority may, by notice in writing to the holder of the licence:
(a)
impose conditions or further conditions on the
licence, or
(b)
vary or revoke any of the conditions to which the
licence is subject.
(3)
A licence is also subject to such conditions as
are prescribed by the regulations. Any such prescribed condition cannot be
varied or revoked by the regulatory authority under this
section.
(4)
A condition under this section may restrict or
limit an activity authorised by the licence.
15Offence to contravene
conditions of licence
The holder of a licence must not contravene any
condition to which the licence is subject.
Maximum penalty: 50 penalty
units.
16Duration of
licence
(1)
A licence remains in force (unless sooner
cancelled) for the period specified in the licence or (if no such period is
specified) until cancelled.
(2)
A licence is not in force during any period it is
suspended.
17Fees for
licences
(1)
The fees payable in respect of applications for
licences are to be determined by the regulatory
authority.
(2)
Any such fee is not to exceed the maximum amount
prescribed by the regulations.
18Offences relating to
licences
(1)
A person must not pretend to hold a
licence.
(2)
A person must not, for the purpose of obtaining a
licence, provide any information or produce any document that the person knows
is false or misleading in a material particular.
(3)
A person must not, with intent to deceive, forge
or alter a licence.
(4)
A person must not, without reasonable excuse,
have another person’s licence in his or her
possession.
(5)
A holder of a licence must not lend the licence
or allow it to be used by any other person.
Maximum penalty: 50 penalty
units.
19Regulations relating to
licences
(1)
The regulations may make provision for or with
respect to licences.
(2)
In particular, the regulations may make provision
for or with respect to the following:
(a)
the classes or types of
licence,
(b)
restrictions on the authority conferred by a
particular type of licence or class of licence, whether by reference to the
activity involving an explosive or explosive precursor authorised by the
licence or otherwise,
(c)
applications for licences,
(d)
the eligibility of applicants (including age,
qualifications, knowledge, experience, training and
health),
(e)
the testing or examination of applicants or the
holders of licences to determine whether they are, or continue to be, eligible
to hold a licence,
(f)
the continuing education and training of holders
of licences or employees of holders of licences,
(g)
the granting of different types of licences in
the same document,
(h)
the replacement of licences that are lost,
destroyed or defaced,
(i)
the return of licences that require
alteration,
(j)
procedures relating to the suspension or
cancellation of licences,
(k)
fees payable in connection with licences and
applications for licences.
20Suspension of
licences
If the holder of a licence:
(a)
is proceeded against for an offence against this
Act or the regulations, or
(b)
is not complying with any lawful requirement
imposed by or under this Act,
the regulatory authority may suspend the licence until
the proceeding has been disposed of or until the requirement has been complied
with, as the case may be.
21Cancellation of
licences
The regulatory authority may cancel a licence if
the holder of the licence:
(a)
is convicted or found guilty of an offence
against this Act or the regulations or a provision of a corresponding Act or
regulation of the Commonwealth or of another State or Territory relating to
explosives, or
(b)
breaches a condition of the licence,
or
(c)
surrenders the licence to the regulatory
authority.
22Special
provision—suspension or cancellation of licences where suspicions of
violence
(1)
If the regulatory authority believes that the
holder of a licence cannot be trusted to handle explosives or explosive
precursors because the person has a history of violence or threats of violence
(whether or not the person has been convicted of any offence involving
violence), the regulatory authority may, by notice in writing served on the
holder, require the holder, within the time specified in the notice, to show
cause why the licence should not be cancelled.
(2)
The regulatory authority may also, at any time,
suspend the licence pending determination of the matter under subsection
(3).
(3)
If the regulatory authority is not satisfied with
the matters, if any, put to the regulatory authority by the holder of the
licence, the regulatory authority may cancel the
licence.
(4)
If the regulatory authority is satisfied that an
apprehended violence order is in force under the Crimes
(Domestic and Personal Violence) Act 2007 against the
holder of a licence (whether or not the person has been served with a notice
under subsection (1)), the regulatory authority may suspend the licence for
any period determined by the regulatory authority.
(5)
A period must not be determined under subsection
(4) that extends beyond the period during which the apprehended violence order
remains in force.
(6)
This section does not limit any powers of the
regulatory authority under sections 20 (Suspension of licences) and 21
(Cancellation of licences) with respect to a licence.
(7)
In this section, violence includes behaviour referred
to in section 13 of the Crimes (Domestic and Personal
Violence) Act 2007 (Stalking or intimidation with intent
to cause fear of physical or mental harm).
s 22: Am 2006 No 73,
Sch 3.13 [2]; 2007 No 80, Sch 2.13 [2] [3].
23Suspended and cancelled
licences
The holder of a licence suspended or cancelled
under this Act must not use the licence and must deliver the licence to the
regulatory authority as soon as practicable after the licence is suspended or
cancelled.
Maximum penalty: 10 penalty
units.
24Review of decisions by
Administrative Decisions Tribunal
(1)
A person who is aggrieved with a decision under
this Act or the regulations relating to a licence may apply to the
Administrative Decisions Tribunal for a review of the
decision.
(2)
For the purposes of this section, an application
for the grant of a licence is taken to have been refused if the licence is not
granted within 60 days (or such other period as is prescribed by the
regulations) after the application was duly made.
(3)
An application under subsection (1) must be made
within 28 days after the directly aggrieved person is notified of the decision
(or in a case of the kind referred to in subsection (2), within 28 days after
the expiry of the 60-day period referred to in that
subsection).
(4)
Section 48 (Notice of decision and review rights
to be given by administrators) of the Administrative
Decisions Tribunal Act 1997 is taken to require
notification of a decision to be made only to a directly aggrieved
person.
(5)
Section 53 (Internal reviews) of the Administrative Decisions Tribunal Act
1997 does not apply to a decision of the kind referred to
in subsection (1).
(6)
If an application is made to the Tribunal under
subsection (1) by an aggrieved person who is not a directly aggrieved person,
the Tribunal must notify the directly aggrieved person of the application (or
may order the regulatory authority to notify the person of the application) as
soon as is reasonably practicable after the application is
made.
(7)
In addition to the restrictions set out in
section 61 (Restrictions on ordering stay of proceedings) of the Administrative Decisions Tribunal Act
1997, the Tribunal may not make an order under section 60
(Operation and implementation of decisions pending applications for review) of
that Act relating to a decision to suspend or cancel a person’s licence
unless the Tribunal is satisfied that the person does not present a risk to
the health or safety of any other person.
(8)
Without limiting section 67 (Parties to
proceedings before Tribunal) of the Administrative
Decisions Tribunal Act 1997, the Tribunal may do either or
both of the following:
(a)
join an aggrieved person as a party to
proceedings in the Tribunal brought by any other aggrieved person in respect
of the same decision,
(b)
allow an aggrieved person to make submissions to
the Tribunal concerning a decision under review in proceedings brought by
another aggrieved person and take those submissions into account in
determining the proceedings.
(9)
In this section:
aggrieved
person, in relation to a decision relating to a licence,
means:
(a)
a directly aggrieved person,
or
(b)
any other person aggrieved by the decision as
referred to in subsection (1).
directly
aggrieved person, in relation to a decision relating to a
licence, means:
(a)
the person who holds (or held) the licence,
or
(b)
a person who has applied for the
licence.
s 24: Am 2008 No 77,
Sch 2.6.