Part 3Regulator

Part 3—Regulator 15—Regulator (1) The Minister may appoint a public sector employee to be the Regulator for the purposes of this Act. (2) An appointment under subsection (1) will be subject to such conditions as are determined by the Minister. (3) The Minister may, at any time, revoke an appointment under this section or vary or revoke a condition of appointment or impose a further condition of appointment. 16—Functions The Regulator has the following functions: (a) to perform functions— (i) under Part 4 in relation to the authorisation of explosives and the maintenance of an explosives register; and (ii) under Part 6 in relation to explosives licences; and (iii) that provide for compliance with this Act; (b) to engage in, promote and coordinate the sharing of information to achieve the object of this Act, including the sharing of information with a corresponding regulator; (c) to perform such other functions as are conferred on the Regulator by this Act, the regulations or any other Act or law. Part 4—Authorisations Division 1—Register of authorisations 17—Register of authorisations (1) The Regulator must keep a register of authorisations for the purposes of this Act. (2) The information entered on the register, in respect of an authorisation granted under this Part, must include the following: (a) the classification assigned to an authorised explosive by the Regulator; (b) the conditions, if any, that the Regulator has imposed on an authorisation; (c) the name and address of the person who is registered on the register in relation to the authorisation; (d) information prescribed by regulation; (e) any other information that the Regulator thinks fit. (3) The Regulator may, at any time, alter information entered in the register in respect of an authorisation granted under this Part to ensure that the register is accurate. (4) An extract from the register identifying authorised explosives must be published on the Department's website. Division 2—Authorisations—General 18—Authorisations (1) The Regulator may, on application by a person or on the Regulator's own initiative, grant, renew or vary any of the following authorisations: (a) the authorisation of an explosive or a class of explosives; (b) the authorisation of a trial of an unauthorised explosive; (c) the authorisation to test an unauthorised explosive for research purposes by a tertiary education provider recognised by the Regulator for the purposes of this paragraph; (d) the authorisation of the disposal of an unauthorised explosive. (2) An authorisation is subject to conditions imposed by the Regulator. (3) Without limiting subsection (2), an authorisation granted by the Regulator under subsection (1)(c) to a tertiary education provider may authorise the tertiary education provider to deal with an unauthorised explosive (such as manufacture, transport, storage and disposal of the explosive) in connection with the testing of the unauthorised explosive. 19—Determination of application (1) The Regulator may refuse an application for the grant, renewal or variation of an authorisation on any ground that, in the opinion of the Regulator, is relevant. (2) Without limiting subsection (1), the Regulator may refuse an application for or in relation to an authorisation if— (a) the Regulator considers that it would be more appropriate for the application to be made in another State; or (b) the Regulator considers that the authorisation the subject of the application has been refused in this State or under a corresponding law; or (c) information requested by the Regulator under section 26 in relation to the application is not provided within the period specified by the Regulator in the request; or (d) the application falls within circumstances prescribed by the regulations. (3) Before determining an application for the grant, renewal or variation of an authorisation, the Regulator may— (a) test any substance, mixture or article; and (b) require the payment of the costs of tests conducted, or to be conducted, by, or on behalf of, the Regulator. (4) Nothing in subsection (2) prevents the authorisation of an explosive merely because the explosive has been authorised under a corresponding law. (5) Notice of the Regulator's refusal to grant, renew or vary an authorisation under this section must be given to the applicant. (6) The Regulator must, before refusing to grant, renew or vary an authorisation under this section— (a) give notice of the proposed refusal; and (b) set out the grounds on which the proposed refusal is to be made; and (c) invite the applicant to respond to the notice in the manner determined by the Regulator. 20—Classification The Regulator must classify an explosive authorised under this Part in accordance with the regulations. 21—Period of authorisation An authorisation takes effect from the day on which it is granted and remains in force— (a) if the Regulator specifies in the authorisation the period for which the authorisation has effect—that period; or (b) in any other case—until the authorisation is cancelled under this Part. 22—Renewal of authorisation The Regulator may refuse an application for the renewal of an authorisation if the application is not received by the Regulator at least 28 days before the period of the authorisation expires under section 21. 23—Variation of authorisation (1) The Regulator may vary an authorisation under this Part on application by the person registered on the register in relation to the authorisation. (2) Without limiting subsection (1), a variation may be granted in relation to— (a) a condition of an authorisation; or (b) the classification of an authorisation of an explosive; or (c) any other matter prescribed by the regulations. 24—Cancellation of authorisation (1) Subject to subsection (2), the Regulator may— (a) cancel the authorisation of an explosive; and (b) remove the authorisation from the register, on any ground determined to be relevant by the Regulator. (2) Before taking action under subsection (1), the Regulator must— (a) give notice to the person registered on the register in relation to the authorisation 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 that person 28 days within which to make submissions to the Regulator in relation to the proposed action. 25—Corresponding law authorisations (1) If an authorisation granted under a corresponding law complies with any requirements prescribed by the regulations, the Regulator must, on application, register the authorisation. (2) The Regulator may impose such conditions as the Regulator thinks fit in relation to the registration of an authorisation. Division 3—Applications 26—Form of 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) An applicant must, at the request of the Regulator and within the period specified by the Regulator, provide any additional information or documents, or samples of any substance, mixture or article, that the Regulator considers relevant to the application. (4) The Regulator may refuse the application if a person does not comply with a request under subsection (3). Division 4—Unauthorised explosives 27—Unauthorised explosives (1) Subject to this Act, a person must not— (a) deal with an explosive that has not been authorised under this Part; or (b) contravene a condition of an authorisation. (2) Subsection (1)(a) does not apply to a person authorised by a licence under Part 6 to deal with an explosive that has not been authorised under this Part (if the person deals with the explosive in accordance with that licence). Part 5—Prohibited explosives 28—Prohibited explosives (1) The Regulator may declare an explosive to be a prohibited explosive. (2) Notice of a declaration under subsection (1) must be published on the Department's website as soon as practicable after the making of the declaration. (3) The Regulator may vary or revoke a declaration under subsection (1). (4) Notice of the variation or revocation of a declaration under subsection (1) must be published on the Department's website as soon as practicable after the variation or revocation of the declaration. (5) The Regulator must maintain a register of prohibited explosives that is published on the Department's website. (6) A person must not deal with a prohibited explosive.