Div 5Suspension, cancellation, extension or variation

Division 5—Suspension, cancellation, extension or variation 43—Variation of licence (1) The Regulator may, on application or on the Regulator's own initiative, vary a licence by written notice to the holder of the licence. (2) For the purposes of subsection (1), the variation of a licence includes the alteration, substitution, removal or addition of a condition of the licence. 44—Suspension, cancellation or variation of licence or approval by Regulator (1) The Regulator may suspend or cancel a licence if satisfied that— (a) the licence was obtained improperly; or (b) the licensee— (i) has ceased to carry on or engage in the activity authorised by the licence; or (ii) has not paid fees or charges payable to the Regulator within the required time; or (iii) has contravened this or any other Act or a law of the Commonwealth or another State that regulates activities involving explosives or, in the opinion of the Regulator, justifies action to be taken under this section; or (iv) has failed to comply with a condition of the licence; or (v) does not have a responsible person in respect of the management of the operations under the licence; or (vi) is not a security cleared person; or (vii) has ceased to be a fit and proper person to hold the licence; or (c) the activities authorised by the licence should not be continued (or should not be continued under the licence conditions) because the safety risks or security risks associated with the activity are unacceptably high. (2) The Regulator may cancel an approval of a person as a security cleared person for a licence if satisfied that— (a) the approval was obtained improperly; or (b) the person has contravened this Act or a law of the Commonwealth or another State that regulates activities involving explosives; or (c) the person has ceased to be a suitable person to be approved. (3) A suspension may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Regulator. (4) A suspension may be expressed to have effect at a specified future time, or to have effect at a specified future time unless a specified condition is fulfilled. (5) If the Regulator cancels a licence, the Regulator may also disqualify the holder of the cancelled licence, or if the holder of the cancelled licence is a body corporate, any director of the body corporate, from obtaining any licence or a specified class of licence permanently or for a specified period, or until the fulfilment of specified conditions or until further order of the Regulator. (6) Before the Regulator acts under this section, the Regulator must— (a) give notice to the licensee of the proposed action; and (b) set out the grounds on which the proposed action is to be taken; and (c) unless satisfied that urgent action is required, allow the licensee at least 28 days within which to make submissions to the Regulator in relation to the proposed action. (7) If the Regulator suspends or cancels a licence, the licensee must return the licence to the Regulator within 14 days. Expiation fee: $160. 45—Extension or reinstatement of licence (1) The Regulator may extend a licence or reinstate a licence that has expired if— (a) in the Regulator's own opinion, the extension or reinstatement of the licence is necessary to protect persons, property or the environment in relation to the storage or disposal of any explosives; and (b) the Regulator takes reasonable steps to consult with the licensee before extending or reinstating the licence. (2) An extension or reinstatement of a licence under subsection (1) will be for such period as the Regulator considers appropriate, or until the Regulator determines that it is appropriate that the licence be cancelled.