SECURITY PROVIDERS ACT 1993 - SECT 13
Entitlement to licences—corporations or firms
SECURITY PROVIDERS ACT 1993 - SECT 13
Entitlement to licences—corporations or firms
13 Entitlement to licences—corporations or firms
(1) In this section—
"officer" of a corporation means—
(a) a director, secretary or executive
officer of the corporation; or
(b) a person who can control or substantially
influence the conduct of the corporation’s affairs including, for example, a
person on whose directions or instructions the corporation’s directors
usually act.
(2) This section applies if a corporation or partnership applies
for a security firm licence.
(3) The applicant is entitled to the licence if
the chief executive is satisfied that—
(a) each person who is an officer of
the corporation, or partner in the partnership, is an appropriate person to be
an officer or partner if the corporation or partnership were granted the
licence; and
(b) if the applicant is a corporation—the corporation is an
appropriate person to hold the licence; and
(c) the applicant is a current
member of an approved security industry association.
(3A) For subsection (3)
(b) , in deciding whether a corporation is an appropriate person to hold a
security firm licence, the chief executive—
(a) must consider the following
matters—
(i) whether the corporation has been convicted of a disqualifying
offence for which a conviction has not been recorded and that has not been
quashed or set aside by a court;
(ii) any other information indicating—
(A)
the corporation is a risk to public safety; or
(B) the holding of the licence
by the corporation would be contrary to the public interest; but
(b) may not
have regard to criminal intelligence given to the chief executive by the
Commissioner under section 48.
(4) The imposed conditions of the licence
must state the security firm services that may be supplied under the licence.
(5) Sections 11(3) to (5) , 12and 12Bapply to a decision about whether a
person mentioned in subsection (3) (a) is an appropriate person as if the
person were the applicant for the licence.
(6) A corporation is not an
appropriate person to hold a security firm licence if the corporation—
(a)
has, within 10 years of applying for the licence, been convicted of a
disqualifying offence for which a conviction has been recorded; or