Inspector’s power to require production of licence
156 Inspector’s power to require production of licence
This section applies if—
an inspector suspects, on reasonable grounds, that the person is handling, is about to handle, or has just handled, a dangerous substance; and
a regulation requires the handling to be authorised under a licence.
The inspector may require the person to produce for inspection any licence that authorises the person to handle the dangerous substance.
If an inspector makes a requirement of a person under subsection (2), the inspector must—
tell the person the reasons for the requirement; and
as soon as practicable, record the reasons.
A person commits an offence if the person contravenes a requirement under subsection (2).
Maximum penalty: 5 penalty units.
However, a person is not required to comply with a requirement under subsection (2) if, when asked by the person, the inspector does not produce his or her identity card for inspection by the person.
Subsection (5) does not apply in relation to an inspector who is a police officer in uniform.
An offence against this section is a strict liability offence.
In this section:
licence includes an authority (however described) issued under a corresponding law that, under a regulation, authorises a person to handle a dangerous substance.
This provision refers to the regulations (a regulation
). Made under this Act:
- Dangerous Substances (Explosives) Regulation 2004 · under s 223
- Dangerous Substances (General) Regulation 2004 · Rule · under s 223
This Act’s bill:Explanatory statementSecond reading speech
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