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