Northern Territory Consolidated Acts

PRIVATE SECURITY ACT - SECT 15

(1) This section applies if an application is made for the grant of a licence to a natural person.

(2) [Omitted]

(3) Subject to subsection (8), a person is entitled to be granted a provisional licence if -

(a) the Minister has approved a code of practice under section 48, and competency standards and training under section 53, in relation to that category of licence; and

(b) the licensing authority is satisfied that the person is an appropriate person to hold the licence.

(4) Subject to subsection (8), a person is entitled to be granted a crowd controller's licence, a security officer's licence, or a category of licence (other than a provisional licence) declared under section 8, if -

(a) the Minister has approved a code of practice under section 48, and competency standards and training under section 53, in relation to that category of licence;

(b) the licensing authority is satisfied that the person has successfully completed the course in training approved under section 53 in relation to that category of licence; and

(c) the licensing authority is satisfied that the person is an appropriate person to hold the licence.

(5) In deciding whether a person is an appropriate person to hold a licence, the licensing authority is limited to considering the matters specified in subsections (6) and (7).

(6) In deciding whether a person is an appropriate person to hold a licence, the licensing authority may consider the following matters as indicating that the person may not be an appropriate person:

(a) that in dealings in which the person has been involved, the person has -

(i) shown dishonesty or lack of integrity; or

(ii) used harassing tactics;

(b) that the person habitually consorts with reputed criminals;

(c) that the person has taken advantage, as a debtor, of the laws of bankruptcy;

(d) that the person is suffering from an illness that makes them unfit to work in the security industry;

(e) that the person has been found guilty of an offence;

(f) information provided by a person or body responsible for the issue of licences under an Act of the Territory, the Commonwealth or a State or another Territory of the Commonwealth;

(g) evidence given in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth or a commission of inquiry.

(7) A person is not an appropriate person to hold a licence if the person, within 10 years of applying for a licence, has been convicted of -

(a) a disqualifying offence in relation to such a licence; or

(b) an offence that would be a disqualifying offence in relation to such a licence if committed in the Territory.

(8) The licensing authority may, in its absolute discretion, refuse to grant a licence to an applicant if the licensing authority has grounds for believing that the applicant is likely to be of bad character, having regard to the public interest in ensuring that persons of bad character are not employed as security providers, and the licensing authority shall give reasons for its decision.