§ 62 — Standards for licensees and class licensees

62.—(1) A Licensing Officer may —(a)

issue one or more standards applicable to licensees or class licensees, or specified types of licensees or class licensees;

(b)

approve as a standard applicable to licensees or class licensees, or specified types of licensees or class licensees, any document prepared by a person other than the Licensing Officer if the Licensing Officer considers the document as suitable for this purpose; or

(c)

amend or revoke any standard issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2) or (3), as the case may be.

(2) The matters for the purposes of subsection (1) include any of the following:(a)

the design, construction, use and deployment of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in carrying on a regulated activity by a licensee or class licensee;

(b)

measures directed towards ensuring the maintenance of and keeping secure the carrying on of a regulated activity by a licensee or class licensee;

(c)

the safe and secure storage of guns, gun accessories, explosives, explosive precursors, weapons and noxious substances;

(d)

making guns inoperable or deactivating explosives;

(e)

other security or safety measures relating to regulated activities.

(3) A standard may, in particular, specify the duties and obligations of any licensee or class licensee in relation to its business operation insofar as it relates to the carrying on of regulated activities authorised by its licence or class licence.

(4) If any provision in any standard is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where a standard is issued, approved, amended or revoked by a Licensing Officer under subsection (1), the Licensing Officer must —(a)

give notice of the issue, approval, amendment or revocation (as the case may be) of the standard to every licensee or class licensee to whom the standard applies;

(b)

specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the standard remains in force, copies of that standard, and of all amendments to that standard, are available for inspection, free of charge, by the licensees or class licensees to whom the standard applies.

(6) No standard, no amendment to an approved standard, and no revocation of any approved standard, has any force or effect as an approved standard until the notice relating thereto is given in accordance with subsection (5).

(7) A standard issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee and class licensee must comply with the standards applicable to the licensee or class licensee.

(9) A Licensing Officer may, for such time as the Licensing Officer may specify, waive the application of any standard or part of a standard, issued or approved under this section to any particular licensee or class licensee.

(10) In subsection (2)(b) and (c), “secure” means secure from loss, theft, sabotage or unauthorised access.

—(1) A Licensing Officer may —(a)

issue one or more standards applicable to licensees or class licensees, or specified types of licensees or class licensees;

(b)

approve as a standard applicable to licensees or class licensees, or specified types of licensees or class licensees, any document prepared by a person other than the Licensing Officer if the Licensing Officer considers the document as suitable for this purpose; or

(c)

amend or revoke any standard issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2) or (3), as the case may be.

(2) The matters for the purposes of subsection (1) include any of the following:(a)

the design, construction, use and deployment of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in carrying on a regulated activity by a licensee or class licensee;

(b)

measures directed towards ensuring the maintenance of and keeping secure the carrying on of a regulated activity by a licensee or class licensee;

(c)

the safe and secure storage of guns, gun accessories, explosives, explosive precursors, weapons and noxious substances;

(d)

making guns inoperable or deactivating explosives;

(e)

other security or safety measures relating to regulated activities.

(3) A standard may, in particular, specify the duties and obligations of any licensee or class licensee in relation to its business operation insofar as it relates to the carrying on of regulated activities authorised by its licence or class licence.

(4) If any provision in any standard is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where a standard is issued, approved, amended or revoked by a Licensing Officer under subsection (1), the Licensing Officer must —(a)

give notice of the issue, approval, amendment or revocation (as the case may be) of the standard to every licensee or class licensee to whom the standard applies;

(b)

specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the standard remains in force, copies of that standard, and of all amendments to that standard, are available for inspection, free of charge, by the licensees or class licensees to whom the standard applies.

(6) No standard, no amendment to an approved standard, and no revocation of any approved standard, has any force or effect as an approved standard until the notice relating thereto is given in accordance with subsection (5).

(7) A standard issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee and class licensee must comply with the standards applicable to the licensee or class licensee.

(9) A Licensing Officer may, for such time as the Licensing Officer may specify, waive the application of any standard or part of a standard, issued or approved under this section to any particular licensee or class licensee.

(10) In subsection (2)(b) and (c), “secure” means secure from loss, theft, sabotage or unauthorised access.