Queensland Consolidated Acts

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EXPLOSIVES ACT 1999 - SECT 24

24 Procedure for suspension or cancellation

(1) This section applies if the chief inspector considers there is a ground to suspend or cancel an authority (the proposed action).

(2) Before taking the proposed action, the chief inspector must give the authority holder a written notice stating--

(a) the proposed action; and
(b) the grounds for the proposed action; and
(c) an outline of the facts and circumstances that are the basis of the grounds; and
(d) if the proposed action is suspension of the authority--the proposed suspension period; and
(e) that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken.

(3) If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may--

(a) if the proposed action was to suspend the authority for a stated period--suspend the authority for not longer than the proposed suspension period; or
(b) if the proposed action was to cancel the authority--either cancel the authority or suspend it for a period.

(4) The chief inspector must inform the authority holder of the decision by written notice.

(5) If the chief inspector decides to suspend or cancel the authority, the notice must state--

(a) the reasons for the decision; and
(b) that the authority holder may appeal against the decision to a Magistrates Court within 28 days after the notice is given to the holder.

(6) The decision takes effect on the day the notice is given to the authority holder, or if a later day of effect is stated in the notice, the later day.

(7) However, if the authority is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation--

(a) does not take effect until--
(i) the end of the time to appeal against the conviction; and
(ii) if an appeal is made against the conviction--the appeal is finally decided or otherwise ends; and
(b) has no effect if the conviction is quashed.


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