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PRIVATE SECURITY ACT 2004 - SECT 13 Definitions

PRIVATE SECURITY ACT 2004 - SECT 13

Definitions

    (1)     In this Part—

"disqualifying offence" means any offence—

        (a)     against Part 5 of the Drugs, Poisons and Controlled Substances Act 1981 involving—

              (i)     trafficking in a drug of dependence; or

              (ii)     cultivation of narcotic plants in any commercial quantity—

within the meaning of that Act;

        (b)     committed outside Victoria that would, if it were committed in Victoria, be an offence against Part 5 of the Drugs, Poisons and Controlled Substances Act 1981 involving—

              (i)     trafficking in a drug of dependence; or

              (ii)     cultivation of narcotic plants in any commercial quantity—

within the meaning of that Act;

        (c)     involving assault or violence against the person;

        (d)     involving dishonesty or theft;

        (e)     against the Control of Weapons Act 1990 , involving a controlled weapon or a prohibited weapon within the meaning of that Act;

        (f)     committed outside Victoria that would, if it were committed in Victoria, be an offence involving a controlled weapon or a prohibited weapon within the meaning of the Control of Weapons Act 1990 ;

        (g)     involving a firearm within the meaning of the Firearms Act 1996 ;

        (h)     against section 75 or 75A of the Crimes Act 1958 or an equivalent provision in another State or a Territory;

              (i)     against Part 5.3 of the Criminal Code of the Commonwealth;

        (j)     against the Terrorism (Community Protection) Act 2003 ;

        (k)     committed outside Victoria that would, if it were committed in Victoria, be an offence against the Terrorism (Community Protection) Act 2003 .

    (2)     Subject to subsection (3), in this Part prohibited person means—

        (a)     a person in relation to whom not more than 10 years have expired since that person was convicted of a disqualifying offence; or

        (b)     a person in relation to whom not more than 5 years have expired since that person has been found guilty of a disqualifying offence without a conviction being recorded.

    (3)     A person is not a prohibited person merely because that person was, in respect of an offence referred to in paragraph (c), (d), (e), (f) or (g) of the definition of "disqualifying offence", convicted of a disqualifying offence or found guilty of a disqualifying offence without a conviction being recorded, and one of the following applies—

        (a)     no penalty was imposed; or

        (b)     the penalty imposed was a fine of less than the equivalent of 5 penalty units; or

        (c)     a penalty other than a fine or a custodial penalty was imposed.

    (4)     In this section, "custodial penalty" includes being in government custody within the meaning of the Sex Offenders Registration Act 2004 .

Division 2—Application for private security licence