SECURITY PROVIDERS ACT 1993 - SECT 21 Grounds for suspension, cancellation or refusal to renew

SECURITY PROVIDERS ACT 1993 - SECT 21

21 Grounds for suspension, cancellation or refusal to renew

(1) Each of the following is a ground for the suspension or cancellation of a licence or the refusal to renew a licence—

(a) the licence, or a renewal of the licence, was obtained because of materially incorrect or misleading information;

(b) the licensee has contravened this Act, including a code of practice, or a condition of the licence;

(c) the licensee has committed an offence against this Act;

(d) if the licensee is an individual or a partnership—the individual, the partnership or any partner—

(i) has been convicted of an offence against the Industrial Relations Act 2016 , section 928 relating to the under payment of wages; or

(ii) has contravened an order of the industrial commission or of the Industrial Magistrates Court to pay wages;

(e) if the licensee is a corporation—

(i) the licensee has been convicted of an offence against the Workplace Relations Act 1996 (Cwlth) , section 719 in relation to the payment of an amount to a person; or

(ii) the licensee has contravened an order of an eligible court under the Workplace Relations Act 1996 (Cwlth) , section 719 (6) or (7) or 720 to pay an amount to or on behalf of the person;

Editor’s note—

Workplace Relations Act 1996 (Cwlth) —see the Acts Interpretation Act 1954 , section 14H and the Fair Work Act 2009 (Cwlth) .

(f) the licensee is not a member of an approved security industry association;

(g) the licensee, or another person required to be an appropriate person for the grant of the licence, is not, or is no longer, an appropriate person.

(2) However, subsection (1) (f) applies only if at least 60 days have passed since the later of the following—

(a) the licensee was last a member of an approved security industry association;

(b) the commencement of this subsection.

(3) Despite subsection (1) (g) , the following are not grounds for cancellation of a licence under section 22 —

(a) the licensee, or another person required to be an appropriate person in relation to the licence, is convicted of a disqualifying offence;

(b) the licensee, or another person required to be an appropriate person in relation to the licence, becomes subject to a relevant control order.

Note—

See section 24 for cancellation of a licence in the circumstances mentioned in this subsection.

(4) The question whether a person is, or continues to be, an appropriate person is decided in the same way as the question whether the person would be an appropriate person for the grant of the licence.

(5) The charging of a licensee, or another person required to be an appropriate person for the grant of the licence, with a disqualifying offence is a ground for suspending, or refusing to renew, the licence concerned until the end of the proceeding for the charge.

(6) The power of the court to impose conditions of bail under the Bail Act 1980 includes the power to impose a condition that the licensee not act as a security provider as stated in the condition.