SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SECT 5 Ineligibility to apply for licence
SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SECT 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 hold 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) A person is ineligible, under subsection (2) , to hold a licence 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 hold 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 hold 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) .