New South Wales Consolidated Acts

SECURITY INDUSTRY ACT 1997 - SECT 20

20 Commissioner may require further information

(1) The Commissioner may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Commissioner, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things:

(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,

(b) to produce, in accordance with directions in the notice, such records relevant to the investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,

(b1) in the case of an application for a class 1 licence by an applicant who has previously held a class 1 licence or a provisional licence-to provide, in accordance with directions in the notice, statements from previous employers specifying the duration of the applicant’s employment and the security activities carried on by the applicant during the applicant’s employment (but only if that employment included time during the term of that previous licence),

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a), (b) or (b1),

(d) to furnish to the Commissioner such authorities and consents as the Commissioner directs for the purpose of enabling the Commissioner to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.

(2) If a requirement made under this section is not complied with, the Commissioner may refuse to consider the application concerned.

(3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.

(4) The reasonable costs incurred by the Commissioner in investigating and inquiring into an application for a licence are payable to the Commissioner by the applicant, unless the Commissioner determines otherwise in a particular case.

(5) The Commissioner may require part or full payment in advance of the amount the Commissioner estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(6) Investigation and inquiry costs may include reasonable travelling expenses within or outside the State.

(7) It is a condition of any licence granted to the applicant that any amount payable under this section is paid.

(8) A certificate signed by the Commissioner (or by a person holding an office prescribed by the regulations) certifying the reasonable costs incurred by the Commissioner in investigating and inquiring into an application for a licence is admissible in any proceedings for the recovery of an amount payable under this section and is prima facie evidence of the amount so specified.