sec.89Restriction on holder of licence selling security sensitive explosive to existing client

sec.89 Restriction on holder of licence selling security sensitive explosive to existing client

This section applies if the holder of a licence to sell explosives (the seller ) proposes to— sell a security sensitive explosive to another person (the client ) to whom the seller has previously sold a security sensitive explosive; or supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the client ) if the seller has previously sold a security sensitive explosive to the client’s employer. The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 88 (2) for the client, as a new client under that section. Maximum penalty—200 penalty units. Also, if any of the following circumstances applies, the seller must not sell or supply the explosive to the client unless subsections (4) to (6) have been complied with— the client’s licence mentioned in section 88 (3) (b) (ii) expires; the chief inspector gives the seller a notice that the client’s licence mentioned in section 88 (3) (b) (ii) has been cancelled or suspended; the client holds a different licence from the licence under which the seller previously sold the client explosives; the client’s licence mentioned in section 88 (3) (b) (ii) has been renewed since the seller previously sold the client explosives. Maximum penalty—200 penalty units. The seller must— obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence ); and update the client record for the client made under section 88 (3) (c) to include details of the new licence and any expiry date stated on it. After complying with subsection (4) , the seller must give the chief inspector— a request in the approved form asking the chief inspector to validate the new licence; and a copy of the certified copy of the new licence. 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 licence. Subsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use obtained under section 88 (3) (a) (iv) for the client, as a new client under that section. 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 89 amd 2019 Act No. 7 s 121 (sec.89-ssec.1) This section applies if the holder of a licence to sell explosives (the seller ) proposes to— sell a security sensitive explosive to another person (the client ) to whom the seller has previously sold a security sensitive explosive; or supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the client ) if the seller has previously sold a security sensitive explosive to the client’s employer. (sec.89-ssec.2) The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 88 (2) for the client, as a new client under that section. Maximum penalty—200 penalty units. (sec.89-ssec.3) Also, if any of the following circumstances applies, the seller must not sell or supply the explosive to the client unless subsections (4) to (6) have been complied with— the client’s licence mentioned in section 88 (3) (b) (ii) expires; the chief inspector gives the seller a notice that the client’s licence mentioned in section 88 (3) (b) (ii) has been cancelled or suspended; the client holds a different licence from the licence under which the seller previously sold the client explosives; the client’s licence mentioned in section 88 (3) (b) (ii) has been renewed since the seller previously sold the client explosives. Maximum penalty—200 penalty units. (sec.89-ssec.4) The seller must— obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence ); and update the client record for the client made under section 88 (3) (c) to include details of the new licence and any expiry date stated on it. (sec.89-ssec.5) After complying with subsection (4) , the seller must give the chief inspector— a request in the approved form asking the chief inspector to validate the new licence; and a copy of the certified copy of the new licence. (sec.89-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 licence. (sec.89-ssec.7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use obtained under section 88 (3) (a) (iv) for the client, as a new client under that section. (sec.89-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.