CORRECTIONS ACT 1986 - SECT 9B Police inquiry and report
CORRECTIONS ACT 1986 - SECT 9B
Police inquiry and reportS. 9B(1) substituted by No. 94/1994 s. 13(1), amended by No. 45/1996 s. 17(Sch. 1 item 11).
(1) Before—
(a) the Minister enters into an agreement under section 8B(1); or
S. 9B(1)(b) amended by No. 45/1996 s. 17(Sch. 1 item 11).
(b) the Secretary enters into an agreement under section 9(1); or
S. 9B(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 11).
(c) the Secretary authorises a person under section 9A(1) to exercise any functions or powers—
the Secretary must request the Chief Commissioner of Police to inquire into and report to him or her on the character, honesty and integrity of any relevant person.
S. 9B(1A) inserted by No. 94/1994 s. 13(1).
(1A) Before the Chief Commissioner of Police—
(a) enters into an agreement under section 9AA; or
S. 9B(1A)(b) amended by No. 26/1997
s. 12(4).
(b) authorises a person under section 9A(1A) or (1B) to exercise any functions or powers—
the Chief Commissioner of Police must inquire into the character, honesty and integrity of any relevant person.
(2) For the purposes of this section a person is a relevant person if he or she—
(a) is the proposed contractor; or
(b) holds or will hold a position of director, manager or secretary or any other executive position (however designated) whether in his or her own right or on behalf of any other person, in the proposed business of the contractor as a provider of services under this Act; or
(c) has or will have a share in the capital of, or an entitlement to receive any income derived from, the proposed business of the contractor as a provider of services under this Act and as a result is or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
(d) is or will be entitled to exercise a power (whether by voting or otherwise and whether alone or in association with others)—
(i) to participate in any directorial, managerial or executive decision of the contractor as a provider of services under this Act; or
(ii) to elect or appoint any person to a position referred to in paragraph (b); or
(e) is employed or will be employed by the contractor or proposed contractor.
S. 9B(3) amended by No. 45/1996 s. 17(Sch. 1 item 11).
(3) The Chief Commissioner of Police must cause appropriate enquiries to be made in response to a request made under subsection (1) and report the results of those enquiries to the Secretary.
S. 9B(4) inserted by No. 94/1994 s. 13(2), amended by No. 45/1996 s. 17(Sch. 1 item 11).
(4) The Secretary must give a copy of a report under subsection (3) to the Minister if it was sought in relation to a proposed agreement under section 8B(1).
S. 9C
inserted by No. 11/1993 s. 4(1).