Explosives Regulations 2022
53Cancellation and suspension of permits
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53 Cancellation and suspension of permits
(1) The Secretary, by notice to the holder of a shot-firing permit, must –
(a) suspend the shot-firing permit if the holder of the permit is charged with a terrorism offence or a crime; and
(b) cancel the shot-firing permit if the holder of the permit is convicted of a terrorism offence or a crime.
(2) The Secretary, by notice to the holder of a shot-firing permit, may cancel or suspend the shot-firing permit at any time if the Secretary believes on reasonable grounds that –
(a) the holder of the permit no longer requires it or can no longer demonstrate a legitimate need for it; or
(b) it is necessary or expedient to do so in the interests of State security or public safety; or
(c) the conditions of the permit have been contravened in a material or sustained way; or
(d) the holder of the permit has done shot-firing of a category not endorsed on the permit; or
(e) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is no longer a fit and proper person to hold such a permit; or
(f) there is another compelling justification for the cancellation or suspension.
(3) However, the Secretary is not to cancel a shot-firing permit solely on the ground referred to in subregulation (2)(b) except at the direction or with the express prior approval of the Minister administering either the Police Powers (Public Safety) Act 2005 or the Security-sensitive Dangerous Substances Act 2005 .
(4) In deciding whether cancellation or suspension is the more appropriate course of action in the circumstances, the Secretary is to regard State security and public safety as the paramount considerations rather than the rights and convenience of the holder of the shot-firing permit.
(5) The cancellation or suspension of a permit under this regulation takes effect –