New South Wales Consolidated Acts

SECURITY INDUSTRY ACT 1997 - SECT 18

18 Investigation of licence application

(1) On receiving an application for a licence, the Commissioner may carry out all such investigations and inquiries as the Commissioner considers necessary to enable the Commissioner to consider the application properly.

(2) The Commissioner:

(a) may require an applicant for a licence to consent to having his or her fingerprints taken by an authorised officer in order to confirm the applicant’s identity, and

(b) must refuse to grant the licence unless the applicant has been fingerprinted in accordance with any such requirement.

(3) The Commissioner:

(a) may require an applicant for a licence to provide the Commissioner with a photograph of the applicant or consent to having his or her photograph taken by an authorised officer in order to confirm the applicant’s identity, and

(b) must refuse to grant the licence unless the applicant has provided a photograph or been photographed in accordance with any such requirement.

(4) Any fingerprint or photograph obtained in accordance with this section may be used by the Commissioner for any purpose as the Commissioner sees fit.

(5) A person who formerly held a licence, but is not currently a licensee, or who was an applicant for, but was never granted, a licence, may apply to the Commissioner to have the following destroyed:

(a) the person’s fingerprints obtained in accordance with a requirement under subsection (2) and any copies of them,

(b) the person’s photograph obtained in accordance with a requirement under subsection (3) and any copies of it.

(6) The Commissioner may grant or refuse the application as the Commissioner sees fit.

(6A) A reference in this section to an applicant or a licensee includes, in the case of an application for a master licence, or in the case of a former licensee, a reference to each close associate of the applicant or former licensee.

(7) In this section, "authorised officer" means any of the following persons authorised in writing by the Commissioner as an authorised officer for the purposes of this section:

(a) a police officer or any other member of the NSW Police Force,

(b) a member of staff of a Department within the meaning of the Public Sector Employment and Management Act 2002 ,

(c) any other person prescribed by the regulations.