SECURITY PROVIDERS ACT 1993 - SECT 11
Entitlement to licences—individuals
SECURITY PROVIDERS ACT 1993 - SECT 11
Entitlement to licences—individuals
11 Entitlement to licences—individuals
(1) This section applies if an individual applies for a licence.
(2) A person
is entitled to a licence if the chief executive is satisfied that the
person—
(a) is either—
(i) 18 years or more; or
(ii) for a class 2
licence for carrying out the functions of a security equipment installer—an
apprentice or trainee security equipment installer; and
(b) for an
application for a class 1 licence, other than a security firm licence or
restricted licence—has successfully completed an approved training course
for carrying out the functions, or the category of functions, of each type of
security provider for which the licence is sought; and
(c) for an application
for a security firm licence—is a current member of an approved security
industry association; and
(d) is an appropriate person to hold the licence.
(2A) A person is taken to comply with subsection (2) (b) if the chief
executive is satisfied the person, within 1 year before the day the person’s
application for the licence is received by the chief executive, held a licence
for carrying out the functions, or the category of functions, of each type of
security provider for which the licence is sought.
(3) In deciding whether a
person is an appropriate person to hold a licence, the chief executive—
(a)
may only consider the matters mentioned in subsections (4) and (5) ; and
(b)
may not have regard to criminal intelligence given to the chief executive by
the Commissioner under section 48.
(4) In deciding whether a person is an
appropriate person to hold a licence, the chief executive must consider the
following matters as indicating that the person may not be an appropriate
person—
(a) 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) the person has taken advantage, as a debtor, of the laws of
bankruptcy;
(d) an unrecorded finding of guilt has been made against the person
in relation to a relevant offence and has not been quashed or set aside by a
court;
(e) any other information indicating—
(i) the person is a risk to
public safety; or
(ii) the holding of the licence by the person would be
contrary to the public interest.
(5) A person is not an appropriate person to
hold a licence if the person—
(a) has, within 10 years of applying for the
licence, been convicted of a disqualifying offence for which a conviction was
recorded; or
"unrecorded finding of guilt" , in relation to a relevant offence, means a
finding of guilt, or the acceptance of a plea of guilty, by a court, in
relation to the offence, without recording a conviction for the offence.