Explosives Act 1999
sec.23Grounds for suspending or cancelling authorities
Start here
Get a plain-English read of sec.23
Turn the raw legal text into a practical explanation grounded in Explosives Act 1999.
sec.23 Grounds for suspending or cancelling authorities
Each of the following is a ground for the suspension or cancellation of an authority— the authority was obtained because of incorrect or misleading information; the holder has contravened an authority condition; the holder is convicted of or charged with— an offence against this Act or an Act of another State about explosives; or another offence involving the use of explosives; the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person; someone other than the holder controls the holder’s operations under the authority; the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person; the measures used at a place at which an activity is carried out under the authority are inadequate for keeping an explosive at the place secure from access by a person who should not have access to the explosive; the holder of the authority has not complied with section 33 (3) ; if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a listed corporation— there is not a responsible person for the corporation; or the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a corporation other than a listed corporation—the security clearance held by an executive officer of the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered. However, subsection (1) (i) to (l) applies only if the authority is a security sensitive authority. s 23 amd 2019 No. 7 s 34; 2024 No. 34 s 108 (sec.23-ssec.1) Each of the following is a ground for the suspension or cancellation of an authority— the authority was obtained because of incorrect or misleading information; the holder has contravened an authority condition; the holder is convicted of or charged with— an offence against this Act or an Act of another State about explosives; or another offence involving the use of explosives; the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person; someone other than the holder controls the holder’s operations under the authority; the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person; the measures used at a place at which an activity is carried out under the authority are inadequate for keeping an explosive at the place secure from access by a person who should not have access to the explosive; the holder of the authority has not complied with section 33 (3) ; if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a listed corporation— there is not a responsible person for the corporation; or the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a corporation other than a listed corporation—the security clearance held by an executive officer of the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered. (sec.23-ssec.2) However, subsection (1) (i) to (l) applies only if the authority is a security sensitive authority.