sec.88Restriction on holder of licence selling security sensitive explosive to new client

sec.88 Restriction on holder of licence selling security sensitive explosive to new client

This section applies if the holder of a licence to sell explosives (the seller ) proposes to— sell a security sensitive explosive to a person (the new client ) to whom the seller has not previously sold a security sensitive explosive; or supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the new client ) if the seller has not previously sold a security sensitive explosive to the new client’s employer. The seller must not sell or supply the explosive to the new client unless subsections (3) to (6) have been complied with. Maximum penalty—200 penalty units. The seller must— obtain each of the following— the new client’s name and address (the personal details ); the new client’s telephone number or other electronic contact details; a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature; a signed statement by the new client about how the new client proposes to use the explosive (the proposed use ); if the new client is an employee mentioned in section 42 (1) (a) — written evidence of the matters mentioned in section 42 (1) (a) ; and the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and obtain a certified copy of— documentary evidence confirming the personal details; and a current driver licence held by the new client the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and make a written record (the client record ) of— the personal details; and the telephone number or other electronic contact details obtained; and the following details for each document obtained under paragraph (b) (i) — a description of its nature or type; ‘driver licence’ any identifying number; any date of its issue; details that allow the person who apparently issued it to be identified; and the type of the client’s licence and any expiry date stated on it. The documentary evidence obtained under subsection (3) (b) (i) — must not appear to have been forged or tampered with; and must include— a name and address that matches the name and address given by the new client; and a signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and a photo of the new client. After complying with subsection (3) , the seller must give the chief inspector— a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and copies of the documents required to be obtained under subsection (3) and of the client record. The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence. Subsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use. This section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosives. s 88 amd 2019 Act No. 7 s 120 (sec.88-ssec.1) This section applies if the holder of a licence to sell explosives (the seller ) proposes to— sell a security sensitive explosive to a person (the new client ) to whom the seller has not previously sold a security sensitive explosive; or supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the new client ) if the seller has not previously sold a security sensitive explosive to the new client’s employer. (sec.88-ssec.2) The seller must not sell or supply the explosive to the new client unless subsections (3) to (6) have been complied with. Maximum penalty—200 penalty units. (sec.88-ssec.3) The seller must— obtain each of the following— the new client’s name and address (the personal details ); the new client’s telephone number or other electronic contact details; a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature; a signed statement by the new client about how the new client proposes to use the explosive (the proposed use ); if the new client is an employee mentioned in section 42 (1) (a) — written evidence of the matters mentioned in section 42 (1) (a) ; and the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and obtain a certified copy of— documentary evidence confirming the personal details; and a current driver licence held by the new client the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and make a written record (the client record ) of— the personal details; and the telephone number or other electronic contact details obtained; and the following details for each document obtained under paragraph (b) (i) — a description of its nature or type; ‘driver licence’ any identifying number; any date of its issue; details that allow the person who apparently issued it to be identified; and the type of the client’s licence and any expiry date stated on it. (sec.88-ssec.4) The documentary evidence obtained under subsection (3) (b) (i) — must not appear to have been forged or tampered with; and must include— a name and address that matches the name and address given by the new client; and a signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and a photo of the new client. (sec.88-ssec.5) After complying with subsection (3) , the seller must give the chief inspector— a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and copies of the documents required to be obtained under subsection (3) and of the client record. (sec.88-ssec.6) The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence. (sec.88-ssec.7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use. (sec.88-ssec.8) This section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosives.