Northern Territory Consolidated Acts

PROSTITUTION REGULATION ACT - SECT 28

28. Commission to be satisfied that applicant both eligible and suitable

(1) Where an application for the grant or renewal of a licence has been duly made, the Commission shall -

(a) if the conditions specified in subsection (2) are satisfied - grant a licence to the applicant or, as the case requires, renew the applicant's licence; and

(b) in any other case, subject to subsection (3), refuse the grant or renewal.

(2) The conditions are -

(a) that the Commission is satisfied that the applicant is eligible under section 24 to be granted a licence or, as the case may be, to have the applicant's licence renewed; and

(b) that the Commission is also satisfied -

(i) in the case of an operator's licence - that the personal character of the applicant or, where the applicant is a body corporate, of each of its officers is such that he or she is a suitable person to carry on an escort agency business; and

(ii) in the case of a manager's licence - that the personal character of the applicant is such that he or she is a suitable person to manage an escort agency business.

(3) Where during the period of 10 years preceding the making of an application the applicant or some other person has been found guilty of a disqualifying offence as defined in section 24(4), or of an attempt to commit such an offence, the Commission may if it considers that there are adequate grounds for doing so, disregard the finding of guilt for the purposes of determining the applicant's eligibility, and grant a licence or renew one accordingly.

(4) Where an individual who applies for the grant or renewal of a licence, or an officer of a body corporate which so applies, has at any time during the period of 10 years preceding the making of the application been found guilty -

(a) in the Territory, of a crime; or

(b) elsewhere, of an offence that would be a crime if committed in the Territory,

the Commission shall, for the purposes of subsection (2)(b), treat that individual or officer as not a suitable person to carry on or manage an escort agency business unless, in the opinion of the Commission, there are adequate grounds for disregarding the finding of guilt.

(5) The Commission shall -

(a) not later than 14 days after granting or renewing a licence, notify the Minister in writing of the grant or renewal; and

(b) not later than 14 days after deciding to refuse the grant or renewal of a licence, notify the applicant in writing of the refusal.