188Refusal of explosives vehicle licence—risk too great

188 Refusal of explosives vehicle licence—risk too great

(1) For the purposes of section 21(6)(a) of the Act, the Authority may believe that the risk of injury to persons or damage to property which may be incurred by an accident involving explosives is too great in the circumstances to justify the issue of an explosives vehicle licence, if the application relates to a road vehicle that is intended to transport explosives in a liquid form using a tank that will form part of the vehicle or be attached to it.

(2) Subregulation (1) does not apply if the vehicle is suitable to transport explosives in a liquid form using a tank that will form part of the vehicle or be attached to it.

(3) For the purposes of subregulation (2), a vehicle is suitable only if—

(a) the tank is approved by the Authority; and

(b) the vehicle complies with the requirements of the AEC applying to road vehicles for use in transporting dangerous goods in the form of a liquid.

(4) For the purposes of section 21(6)(b) of the Act, the Authority may consider that the applicant is not a suitable person to hold an explosives vehicle licence if the applicant is subject to a court order issued in any Australian jurisdiction prohibiting the applicant from involvement in the transport of dangerous goods by road.

Section 21(7) of the Act requires that if the Authority decides to refuse to issue a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal.