SECURITY PROVIDERS ACT 1993 - SECT 12B Use of information obtained under s 12 or 12A

SECURITY PROVIDERS ACT 1993 - SECT 12B

12B Use of information obtained under s 12 or 12A

(1) This section applies to the chief executive in considering information about a person obtained under section 12 or 12A .

(2) Information about the following may be used only for making a decision about whether the person is, or continues to be, an appropriate person to hold a licence—

(a) a conviction of the person;

(b) if the person is subject to a control order or registered corresponding control order—the control order.

(3) Information about a charge made against the person for a disqualifying offence may be used only for deciding whether to grant a licence to the person, or to suspend, or to refuse to renew, the person’s licence.

(4) Subsections (2) and (3) do not affect sections 14 (2) and 21 (3) .

(5) When making a decision mentioned in subsection (2) , the chief executive must have regard to the following matters relating to information about the commission of an offence by the person—

(a) when the offence was committed;

(b) the nature of the offence and its relevance to the person carrying out the functions of a security provider under the licence;

(c) anything else the chief executive considers relevant to the decision.

(6) When making a decision mentioned in subsection (3) , the chief executive must have regard to the following matters relating to information about the alleged or possible commission of an offence by the person—

(a) when the offence is alleged to have been committed or may possibly have been committed;

(b) the nature of the alleged or possible offence and its relevance to the person carrying out the functions of a security provider under the licence;

(c) anything else the chief executive considers relevant to the decision.

(7) The chief executive must destroy information obtained by the chief executive under section 12 or 12A as soon as practicable after it is no longer needed for the purpose for which it was requested or given.

(8) The Public Records Act 2002 does not apply to information mentioned in subsection (7) .