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SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SECT 8 Grant or refusal of application

SECURITY AND INVESTIGATIONS AGENTS ACT 2002 - SECT 8

Grant or refusal of application

(1)  After receiving a character report from the Commissioner of Police under section 7(3) in respect of an application for a licence, the Director may –
(a) grant the application subject to any conditions that the Director determines; or
(b) refuse to grant the application.
(2)  The Director may refuse to grant an application for a licence if satisfied that –
(a) the applicant –
(i) is not a fit and proper person to hold a licence; or
(ii) .  .  .  .  .  .  .  .  
(iii) does not have the required competency standards; or
(iv) has been found guilty of a prescribed offence or an offence under this Act; or
(iva) has been found guilty of any other offence, or a series of other offences, that, in the opinion of the Director, makes the applicant unsuitable to hold a licence; or
(v) other than an applicant for an employee licence authorising the undertaking of any crowd control employee activities or security employee activities, is bankrupt or insolvent; or
(vi) is unable to demonstrate, to the satisfaction of the Director, that he or she will be actively involved in the activities to be authorised under the licence; or
(b) in the case of a body corporate, the licence would not be granted to an officer of that body; or
(c) the granting of the licence is contrary to the public interest.
(2A)  Despite subsection (1) and (2)(a)(iv) , the Director must refuse to grant an application for a licence if the applicant is ineligible under section 5 to apply for a licence.
(2B)  The Director may also refuse to grant an application for a licence if satisfied that –
(a) a close associate of the applicant has been found guilty of a prescribed offence or an offence against this Act; or
(b) a close associate of the applicant (other than a close associate of an applicant for an employee licence) is bankrupt or insolvent.
(3)  In determining whether to grant or refuse an application, the Director is to take into account any information or matter that the Director considers relevant, including, without limitation, criminal intelligence information.
(4)  The Director, under this or any other Act or law, is not required to give reasons for refusing to grant an application for a licence to the extent that to do so would disclose the existence or content of any criminal intelligence information.
(5)  For the purposes of this section, a person is bankrupt or insolvent if –
(a) in the case of an individual, the individual is bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the individual's creditors or makes an assignment of the individual's remuneration or estate for their benefit; or
(b) in the case of a corporation within the meaning of the Corporations Act, the corporation is insolvent or is subject to external administration under that Act.
(5A)  The Director must be satisfied in relation to the matters set out in this section, other than as set out in subsections (1) and (2)(a)(i) , in respect of a person who is entitled to hold a licence by virtue of holding deemed registration, despite the person not making an application for a licence under this Act.
(6)  In this section –
criminal intelligence information means information that relates to criminal activities and is obtained by –
(a) the Commissioner of Police; or
(b) any other person, or body, responsible for the enforcement of laws of the Commonwealth or of this or any other State or of a Territory.