20Cancellation of authorisations

20 Cancellation of authorisations

(1)  The Secretary may cancel the authorisation of an explosive if the Secretary is reasonably satisfied that –

(a) the explosive no longer has a legitimate use in Tasmania; or

(b) the explosive cannot be safely handled even with appropriate safeguards; or

(c) the explosive is undergoing re-testing or re-evaluation, either in Tasmania or elsewhere; or

(d) the explosive is subject to a recall by its manufacturer or importer; or

(e) equivalent authorisations have been cancelled or suspended under corresponding laws; or

(f) the authorisation was given on the basis of false or questionable information; or

(g) there is another compelling justification for the cancellation.

(2)  The cancellation may be effected –

(a) on the Secretary's own initiative; or

(b) on the application of a person in accordance with regulation 112 .

(3)  In respect of an application under subregulation (2)(b) , the Secretary may –

(a) refuse the application; or

(b) approve the application.

(4)  If subregulation (3)(a) applies in respect of an application, the Secretary is to notify the applicant as soon as practicable of –

(a) the refusal; and

(b) the reason for the refusal; and

(c) the right of review.

(5)  If subregulation (3)(b) applies in respect of an application, the Secretary is to do the following as soon as practicable:

(a) determine the date on which the cancellation is to take effect;