Division 4Division 4 Issue by police of permits to receive explosives
In this Division:blasting explosives means explosives of Classes 1.1C and 1.1D (other than detonating fuse), 1.3C and 1.5D.
officer means a police officer.
permit means permit under this Division.
An application for a permit is not duly made unless it is:(a) in Form 1, and(b) made to the officer in charge for the time being of the police station in the State nearest to:(i) the applicant’s usual place of residence, or(ii) a place where the applicant is employed or engaged in a profession, trade or employment.
(1) An officer may issue a permit to a person who applies for it, or may refuse an application for a permit.(2) An officer must refuse an application for a permit:(a) if the applicant is not a natural person, or(b) if after making due inquiry the officer ascertains or has good reason to believe that the applicant:(i) has been convicted in the State or elsewhere of an offence relating to firearms or explosives and sentenced to imprisonment for 12 months or more and has been released from that imprisonment less than 5 years before the date of the application, or(ii) is subject to a recognizance, granted in the State or elsewhere, to keep the peace, or(iii) is the subject of a firearms prohibition order within the meaning of the Firearms Act 1996, or(c) if he or she is not satisfied that the applicant:(i) is of or above the age of 18 years, and(ii) is of good character and repute, and(iii) has good reason for requiring a permit, and(iv) can be trusted to have explosives in his or her possession and to use and convey explosives without danger to the public safety or to the peace.(3) An officer must not issue a permit without having made due inquiry as to the matters referred to in subclause (2) (b).(4) A permit is to be in Form 2.
(1) Subject to the Act and this Regulation, a permit is in force for the period, not exceeding 3 months from the date of its issue, specified in it.(2) While 2 or more permits issued to a person would, but for this subclause, be in force at the same time, only the permit first issued is in force.
(1) The officer in charge for the time being of the police station at which a permit was issued may, on the application of its holder, and if its holder furnishes to the officer a statutory declaration in evidence that the permit has been lost, destroyed or mutilated, issue a substitute permit in terms of the original permit.(2) Clauses 60 and 61 do not apply to or in respect of an application for the issue of a substitute permit.
64 Authority conferred by permit
The holder of a permit is authorised, subject to the conditions of the permit and to clause 58, to receive blasting explosives, detonators and detonating fuse.
(1) A permit is subject to the conditions:(a) that not more than the amount of blasting explosives, detonators and detonating fuse specified in it may be received under its authority on any one occasion, and(b) that, unless the permit is subject to the condition referred to in subclause (3) (e), its holder must not keep, other than for immediate use, more than 2.5 kilograms of blasting explosives, 110 detonators and 500 metres of detonating fuse.(2) The amount of explosives to be specified under subclause (1) (a) is:(a) 2.5 kilograms of blasting explosives, 110 detonators and 500 metres of detonating fuse, or(b) if the officer issuing the permit is satisfied that the applicant needs, for a purpose specified by the applicant, to receive a greater quantity of blasting explosives than that referred to in paragraph (a)—50 kilograms of blasting explosives, 200 detonators and 500 metres of detonating fuse, or(c) if the officer issuing the permit is satisfied that the applicant needs, for use in a mine, a greater quantity of blasting explosives than that specified in paragraph (a)—the maximum quantity of blasting explosives, detonators and blasting fuse that may be kept in the mine under the authority of any relevant mining legislation.(3) A permit may be issued subject to any one or more of the following conditions additional to those imposed by subclause (1):(a) that explosives must not be received under its authority on more than a number of occasions specified in it,(b) that within a period specified in it explosives must not be received on more than the number of occasions so specified,(c) that only explosives of a class or description specified in it may be received,(d) that explosives of a class or description specified in it must not be received,(e) that all blasting explosives received on any day must be used or disposed of on that day.(4) The conditions of a permit must be set out in it.
The person to whom a permit is issued must retain it in his or her possession for:(a) a period of at least 9 months after the date on which it was issued, or(b) while any explosives received under its authority are in his or her possession,whichever is the longer period.Contravention of this clause is an offence and is punishable in accordance with clause 340.
(1) The officer in charge of a police station who issued a permit, the officer in charge for the time being of the police station or the Commissioner of Police may, by notice in writing, cancel a permit if:(a) had it not been issued, he or she would be required by clause 61 (2) to refuse an application for a permit made by its holder, or(b) he or she is satisfied that its holder:(i) made a statement in or in connection with his or her application for the permit that was false or misleading in a material particular, or(ii) has failed to comply with any of its conditions, or(c) he or she is satisfied that, at the time of the issue of the permit, another permit issued to the holder was in force, or(d) its holder has since its issue been convicted of an offence against the Act or this Regulation,and must revoke a permit if its holder requests him or her to do so.(2) If a person cancels a permit he or she must cause a notice of the cancellation to be served on the holder by sending the notice by post addressed to the holder at his or her last known address or by delivering it or causing it to be delivered personally.(3) A cancellation takes effect:(a) if the notice of cancellation is sent by post—when the notice would be delivered to the addressee in the ordinary course of post, or(b) if the notice is delivered to the holder personally—when it is so delivered.