AustLII Tasmanian Consolidated Acts

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SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SECT 7

7. Character report

      (1) On receipt of an application for a licence, the Commissioner may require –

(a) the applicant; and

(b) if the applicant is a body corporate, each officer of the applicant –

to have his or her photograph, fingerprints and palm prints taken as specified in the requirement.

      (2) On receipt of an application for a licence, the Commissioner is to refer to the Commissioner of Police –

(a) the name of the applicant and, if the applicant is a body corporate, the name of each officer of the applicant; and

(b) any photographs, fingerprints and palm prints taken from a person referred to in paragraph (a); and

(c) any other information and documentation relating to the application.

      (3) The Commissioner of Police must inquire into and report to the Commissioner on any matters concerning the application that the Commissioner requests.

      (4) Despite an order of a court or a provision of any Act that would otherwise prevent the disclosure of information, the Commissioner of Police may include that information in the report provided under subsection (3).

      (5) The Commissioner –

(a) is to destroy any fingerprints or palm prints obtained under this section and any copies of them as soon as the Commissioner has no further use for them; and

(b) may destroy any such fingerprints or palm prints in any circumstances he or she considers appropriate.

      (6) The Commissioner is taken to have no further use for fingerprints or palm prints obtained in respect of an application for a licence if –

(a) the Commissioner refuses to grant the application; or

(b) following the grant of the licence, the licence is cancelled or surrendered.

      (7) A person who in connection with an application for a licence has possession of fingerprints or palm prints obtained under this section, or copies of them, must deliver the fingerprints, palm prints or copies to the Commissioner, in accordance with the directions of the Commissioner, so as to enable the Commissioner to comply with subsection (5).

Penalty:

Fine not exceeding 20 penalty units.

      (8) On surrendering a licence, the holder of the licence may request that his or her fingerprints or palm prints be retained by the Commissioner for a period not exceeding 3 years and the Commissioner is to comply with the request despite subsection (5).



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