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SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SECT 5

5. Ineligibility to apply for licence

(1) In this section –
minor offence means an offence for which a minor penalty has been imposed, being –

(a) an offence referred to in paragraph (a), (b) or (d) of the definition of "prescribed offence" in section 3; or

(b) an offence involving possession of a prohibited plant, prohibited substance or scheduled substance, within the meaning of the Poisons Act 1971; or

(c) an offence involving possession of a controlled drug, a controlled plant or a controlled plant product, within the meaning of the Misuse of Drugs Act 2001; or

(d) an offence under section 23 of the Misuse of Drugs Act 2001 or a similar offence under the law of another State or a Territory;

minor penalty means –

(a) no penalty; or

(b) a penalty that does not include –

(i) a term of imprisonment; or

(ii) a fine of $500 or more.

(2) A person is ineligible to apply for a licence if –

(a) the person has been found guilty, in Tasmania or elsewhere, of one or more indictable offences and sentenced to –

(i) imprisonment for a term or terms in the aggregate of 3 years or more; or

(ii) a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order elsewhere; or

(b) the person has been found guilty, in Tasmania or elsewhere, of a prescribed offence other than a minor offence.

(3) Ineligibility to apply for a licence under subsection (2) extends for a period of 10 years from –

(a) in the case of a person who is sentenced to a term of imprisonment or a period of detention, the completion of the term of imprisonment or period of detention; or

(b) in any other case, the day on which the person is found guilty of the relevant offence.

(4) A person is ineligible to apply for a licence while a suspension under section 16 is in effect in respect of any licence held by the person.
(5) A person is ineligible to apply for a licence if the person has not attained the age of 18 years.
(6) A conviction in respect of which a free pardon has been granted is to be disregarded for the purposes of subsection (2).
(7) A person who is on parole is taken to be serving a sentence of imprisonment for the purposes of subsection (3).



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