EXPLOSIVES ACT 2003 - SECT 13 Commissioner of Police to report on licences and security clearances

EXPLOSIVES ACT 2003 - SECT 13

13 Commissioner of Police to report on licences and security clearances

(1) The regulatory authority may request the Commissioner of Police to furnish the regulatory authority with a report in respect of any one or more of the following matters relating to an applicant for the grant or renewal of a licence or security clearance or the holder of a licence or security clearance--

(a) whether the applicant or holder has been found guilty or convicted of an offence (whether in New South Wales or elsewhere) and any available information concerning any such conviction that the Commissioner considers to be relevant to the application or continued holding of the licence or security clearance,

(b) whether the applicant or holder is the subject of a firearms prohibition order within the meaning of the Firearms Act 1996 ,

(c) whether the applicant or holder is a fit and proper person to hold, or continue to hold, the licence or security clearance,

(d) whether the applicant or holder has a history of violence or threats of violence, with
"violence" including behaviour referred to in section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (Stalking or intimidation with intent to cause fear of physical or mental harm),

(e) whether there is an apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007 in force with respect to the applicant or holder,

(f) any available information with respect to the participation of the applicant or holder in any criminal activity,

(g) whether the Commissioner considers that it is contrary to the public interest for the applicant or holder to hold, or continue to hold, the licence or security clearance,

(h) such other matters as the regulatory authority may specify in the request.

(2) The Commissioner of Police, on receiving a request made under subsection (1), is to investigate the person to which the request relates and furnish to the regulatory authority a report in respect of the matter or matters that were the subject of the request.

(3) The report of the Commissioner of Police may include any of the following information--

(a) information in the Commissioner's possession,

(b) information to which the Commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State or Territory.

(4) A reference in this section to an applicant for the grant or renewal of a licence or the holder of a licence includes, if that applicant or holder is a corporation, a reference to each director and manager of the corporation.

(5) The Commissioner of Police may identify any information included in a report under this section as information that could disclose the existence or content of a criminal or security intelligence report or other confidential criminal information.

(6) The regulatory authority is not, under this or any other Act or law, required to give any reasons for not granting a licence or security clearance to (or for suspending or cancelling a licence or security clearance of) a person on the basis of a report made by the Commissioner about the person under this section if the giving of those reasons would disclose any criminal or security intelligence report or other confidential criminal information as referred to in subsection (5).