PRIVATE SECURITY ACT 2004 - SECT 124 Nominated person of body corporate

PRIVATE SECURITY ACT 2004 - SECT 124

    (1)     A body corporate that is an applicant for a private security business licence must nominate, in the application for the licence, a qualified person, to be the person responsible for ensuring that the body corporate complies with its duties under this Act.

    (2)     If at any time during the course of a private security business licence a person nominated under subsection (1)—

        (a)     ceases to be so nominated by the licence holder; or

        (b)     ceases to be a qualified person—

the holder of the licence must immediately so notify the Chief Commissioner.

Penalty:     20 penalty units.

    (3)     The holder of a private security business licence, who has given the Chief Commissioner a notice under subsection (2), must nominate a qualified person, to take the place of the person in respect of whom notice has been given under subsection (2), to be the person responsible for ensuring that the body corporate complies with its duties under this Act.

Penalty:     20 penalty units.

    (4)     A nomination under subsection (3) must be made in a notice given to the Chief Commissioner within 2 months of the giving of the notice under subsection (2), or within any later time agreed to by the Chief Commissioner.

    (5)     A body corporate that is an applicant for a private security business registration must nominate, in the application for the registration, a qualified person as the person who is to be responsible for ensuring that the body corporate complies with its duties under this Act.

    (6)     If at any time during the course of a private security business registration a person nominated under subsection (5)—

        (a)     ceases to be so nominated by the body corporate; or

        (b)     ceases to be a qualified person—

the holder of the registration must immediately so notify the Chief Commissioner.

Penalty:     20 penalty units.

    (7)     The holder of a private security business registration, who has given the Chief Commissioner a notice under subsection (6), must nominate a qualified person, to take the place of the person in respect of whom notice has been given under subsection (6), to be the person responsible for ensuring that the body corporate complies with its duties under this Act.

Penalty:     20 penalty units.

    (8)     A nomination under subsection (7) must be made in a notice given to the Chief Commissioner within 2 months of the giving of the notice under subsection (6), or within any later time agreed to by the Chief Commissioner.

    (9)     A notice under this section must—

        (a)     be in writing; and

        (b)     if a person is nominated in the notice, set out the name and address of the person so nominated; and

        (c)     be accompanied by any prescribed documents or information.

    (10)     In this section, "qualified person", in relation to—

        (a)     a body corporate that is an applicant for or the holder of a private security business licence, means a person who—

              (i)     is an officer or employee of the body corporate primarily responsible for managing the operation of the business of the body corporate; and

              (ii)     meets the probity and competency requirements set out in section 26(2) and (3); and

        (b)     a body corporate that is an applicant for or the holder of a private security business registration, means a person who—

              (i)     is an officer or employee of the body corporate primarily responsible for managing the operation of the business of the body corporate; and

              (ii)     meets the probity requirements set out in section 83(2).