Div 4General provisions

Division 4—General provisions 33—Grant or renewal of licence (1) The Regulator may, on application by a person, grant or renew a licence. (2) If an applicant applies to the Regulator for the grant or renewal of a licence authorising several classes of activities or occupations (including a combination of classes of licence set out in Division 2 and Division 3), the Regulator may, in the Regulator's discretion, grant the applicant either a single licence or multiple licences authorising those activities or occupations. 34—Term of licence (1) Subject to this Act, a licence remains in force for the period specified in the licence on its grant or renewal. (2) The Regulator may, on the Regulator's own initiative and without application by the licensee, renew the licence if the Regulator is satisfied that it is necessary for the purposes of protecting persons, property or the environment from harm, or keeping explosives secure, that the licensee continue to be bound by the licence conditions. (3) A licence has effect, on grant or renewal, from the date specified in the licence for that purpose, which may be earlier than the date of application for the grant or renewal of the licence. 35—Licence non-transferable A licence is not transferable. 36—Surrender of licence (1) The Regulator may, on application by a licensee, approve the surrender of a licence. (2) Without limiting subsection (1), the Regulator may refuse to approve the surrender of a licence if the Regulator is satisfied that it is necessary for the purposes of protecting persons, property or the environment from harm, or keeping explosives secure, that the licensee continue to be bound by the licence conditions. 37—Corresponding law licences (1) If a licence granted under a corresponding law complies with any requirements prescribed by the regulations, the Regulator must, on application, grant or renew the licence. (2) The Regulator may impose such conditions as the Regulator thinks fit in relation to the grant or renewal of a licence under this section. 38—Application (1) An application under this Part must— (a) be made in a manner and form determined by the Regulator; and (b) be accompanied by any information required by the Regulator; and (c) be accompanied by the prescribed fee. (2) The applicant may, with the approval of the Regulator or at the request of the Regulator, vary the application at any time before the application is determined. (3) The Regulator may, by written notice— (a) ask the applicant to give the Regulator further information, documents or records relevant to the application (including reports about the person's physical or mental health) within the period specified by the Regulator; or (b) ask the applicant to allow persons authorised by the Regulator to inspect premises, vehicles, plant or explosives proposed to be used by the applicant in connection with activities proposed to be authorised by the licence. (4) The Regulator may refuse the application if a person does not comply with a request under subsection (3). (5) The Regulator may refuse an application if— (a) the Regulator considers that it would be more appropriate for the application to be made in another State; or (b) an application for a licence has been refused in this State or under a corresponding law. (6) The Regulator must, as soon as practicable after making a decision on an application, give the person to whom the decision relates— (a) notice of the decision; and (b) if the application is refused, the reasons for the refusal. 39—Safety, security and emergency plans (1) The Regulator may require an applicant for the grant or renewal of a licence to submit 1 or more of the following plans: (a) a safety plan; (b) a security plan; (c) an emergency plan. (2) A plan referred to in subsection (1) must— (a) be in a form approved by the Regulator; and (b) include any information determined by the Regulator; and (c) conform to any other requirements determined by the Regulator. (3) The Regulator may issue guidelines about a plan referred to in subsection (1) for particular activities. (4) It is a condition of every licence that the licensee must not contravene a plan referred to in subsection (1). (5) If, at any time, the Regulator is not satisfied as to the adequacy of a safety plan, a security plan or an emergency plan, the Regulator may require the licensee or applicant (as the case may be) to do either or both of the following: (a) to make specified amendments to the plan within a specified time; (b) to submit the amended plan to the Regulator within a specified time for approval. (6) If a licensee or applicant for a licence (as the case requires) fails to comply with a requirement under subsection (5), the licensee or applicant is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (7) Before action is taken under subsection (5), the Regulator must give the licensee or applicant (as the case requires) written notice of the proposed action, and invite the licensee or applicant to make written submissions in relation to the proposed action within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the licensee). 40—Criteria—general (1) In determining an application under this Part and what should be the term and conditions of a licence, the Regulator must have regard to the safety duty and the security duty. (2) The Regulator may— (a) specify minimum requirements that must be satisfied before a person may hold a licence or a licence of a specified class; or (b) prohibit a body corporate from holding a licence of a specified class. (3) The Regulator may refuse to grant, renew or vary a licence if the Regulator determines that it would not be in the public interest to do so. 41—Security clearance (1) The Regulator must refuse an application for the grant, renewal or variation of a licence unless— (a) in the case of an applicant for a licence that is a body corporate— (i) at least 1 director of the body corporate; and (ii) the responsible person in respect of the licence; and (iii) any person with access to an explosive in respect of the licence (other than in the presence of and under the direct supervision of another security cleared person in respect of the licence); or (b) in any other case— (i) the applicant; and (ii) the responsible person in respect of the licence; and (iii) any person with access to an explosive in respect of the licence (other than in the presence of and under the direct supervision of another security cleared person in respect of the licence), are approved by the Regulator as security cleared persons for the purposes of this section. (2) The Regulator may establish a scheme for the approval of persons as security cleared persons for the purposes of this Act. (3) The scheme under subsection (2) may— (a) provide for the Regulator to require the applicant, a close associate of the applicant, a person proposed to be approved as a security cleared person or a close associate of such a person to obtain from the Commissioner of Police or a prescribed person such reports or assessments on the person as the Regulator considers necessary, or to provide consents appropriate for the obtaining of such reports; and (b) provide for the suspension or cancellation of an approval on specified grounds; and (c) specify conditions of approval. (4) An approval granted under this section remains in force for a period specified in the approval. 42—Fit and proper person (1) The Regulator may refuse an application for the grant, renewal or variation of a licence if the Regulator is not satisfied that the licensee or proposed licensee is a fit and proper person to hold the licence (or the licence as proposed to be varied). (2) In determining whether a person is a fit and proper person for the purposes of subsection (1) the Regulator may— (a) require an applicant to provide medical evidence or undergo a medical assessment by a medical practitioner or other health professional specified by the Regulator; and (b) have regard to— (i) in all cases—the character and reputation of the person and the person's close associates and may, without limitation, take into account relevant offences (whether committed in or outside the State); and (ii) in the case of a body corporate—whether any director of the body corporate is an unsuitable person; and (c) require an applicant to complete a course or qualification determined by the Regulator, or otherwise establish to the satisfaction of the Regulator that the licensee or proposed licensee has the relevant skills and qualifications having regard to the business, operations or activity authorised under the licence. (3) An unsuitable person is not a fit and proper person to hold a licence. (4) The cost of performing a medical assessment and any associated medical report performed under this section is to be borne by the applicant for the licence.