New South Wales Consolidated Acts

COMMERCIAL AGENTS AND PRIVATE INQUIRY AGENTS ACT 2004 - SECT 12

12 Application to operator licences of Licensing and Registration (Uniform Procedures) Act 2002

(1) The Commissioner may grant the following licences for the purposes of this Act:

(a) operator licences for process serving,

(b) operator licences for debt collection,

(c) operator licences for repossession of goods,

(d) operator licences for surveillance of persons,

(e) operator licences for investigation of persons.

(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 ( "the applied Act") applies to and in respect of an operator licence, subject to the modifications and limitations prescribed by or under this Act.

Note: See clause 3 of Schedule 4, which temporarily suspends the provisions of the applied Act in relation to the making of applications by way of electronic communication.

(3) For the purposes of applying Part 2 of the applied Act to an operator licence:

(a) an application for the granting of an operator licence may only be made by an individual aged 18 years or more, and

(b) an operator licence may be amended under that Act.

(4) An operator licence is a fixed-term licence for the purposes of Part 2 of the applied Act.

(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning operator licences as are relevant to the operation of Part 2 of the applied Act.

Note: Section 13 (3) of this Act provides that the Commissioner is not, under this or any other Act or law, required to give any reasons for not granting an operator licence if the giving of those reasons would disclose any criminal intelligence. Accordingly, Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997 does not apply to any decision to refuse to grant a licence based on such information to the extent that it would require disclosure of any criminal intelligence.