Notification of certain situations
74 Notification of certain situations
If a notifiable situation occurs, the person who caused or permitted the situation to occur must, as soon as reasonably practicable after becoming aware of the situation, notify the Regulator of the situation, its nature, the circumstances in which it occurred and the action taken to deal with it.
Maximum penalty:
in the case of an individual—$10 000;
in the case of a body corporate—$50 000.
A person is required to notify the Regulator of a notifiable situation despite the fact that to do so might tend to incriminate the person or make the person liable to a penalty.
A person will be taken to have complied with a notification requirement under subsection (1), if the person gives the Regulator notice in the form determined by the Regulator.
If a notifiable situation occurs, in relation to premises subject to, or connected with, a licence, the licence holder must ensure that records of the notifiable situation are—
made and kept in accordance with the requirements determined by the
Regulator; and
made available to the Regulator at the Regulator's request.
In this section—
notifiable situation means any of the following situations involving explosives:
the death, serious injury or illness of an individual or a situation that had the potential to cause death, serious injury or illness to an individual;
damage to property or the environment or a situation that had the potential to cause damage to property or the environment;
the theft, attempted theft or loss of explosives, or any other situation that results in explosives being unaccounted for;
the unauthorised use of, or interference with, explosives;
any other situation that the person considers suspicious and that threatens the security of explosives.
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