NSWIn ForceAct
Explosives Act 2003
22Special provision—suspension or cancellation of licences and security clearances where suspicions of violence
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#### 22 Special provision—suspension or cancellation of licences and security clearances where suspicions of violence
22 Special provision—suspension or cancellation of licences and security clearances where suspicions of violence
> > (1) If the regulatory authority believes that the holder of a licence or security clearance 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 or security clearance should not be cancelled.
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> > (2) The regulatory authority may also, at any time, suspend the licence or security clearance pending determination of the matter under subsection (3).
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> > (3) If the regulatory authority is not satisfied with the matters, if any, put to the regulatory authority by the holder of the licence or security clearance, the regulatory authority may cancel the licence or security clearance.
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> > (4) If the regulatory authority is satisfied that an apprehended violence order is in force under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080) against the holder of a licence or security clearance (whether or not the person has been served with a notice under subsection (1)), the regulatory authority may suspend the licence or security clearance for any period determined by the regulatory authority.
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> > (5) A period must not be determined under subsection (4) that extends beyond the period during which the apprehended violence order remains in force.
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> > (6) This section does not limit any powers of the regulatory authority under section 20 or 21 with respect to a licence or security clearance.
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> > (7) In this section, violence includes behaviour referred to in section 13 of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080) (Stalking or intimidation with intent to cause fear of physical or mental harm).
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> **s 22:** Am 2006 No 73, Sch 3.13 \[2\]; 2007 No 80, Sch 2.13 \[2\] \[3\]; 2013 No 81, Sch 1 \[18\] \[19\].