Victorian Consolidated Legislation

Private Security Act 2004 - SECT 22

Particular powers of Chief Commissioner relating to fingerprinting

22. Particular powers of Chief Commissioner relating to fingerprinting



(1) In conducting an investigation or making an inquiry under section 20, the
Chief Commissioner may require a full set of fingerprints to be provided to
him or her of any of the following persons to provide proof of their identity-

   (a)  in the case of an application for a private security individual
        operator licence, the applicant;

   (b)  in the case of an application for a private security business licence
        by a natural person, the person or a close associate of the person;

   (c)  in the case of an application for a private security business licence
        by a body corporate-

   (i)  the nominated person;

   (ii) any officer of the body corporate;

   (iii) any close associate of the body corporate.



(2) The Chief Commissioner may not request a full set of fingerprints under
subsection (1) unless-

   (a)  there is reasonable doubt as to the identity of the applicant, a close
        associate of the applicant, the nominated person or an officer of the
        body corporate (as the case may be); and

   (b)  proof of the identity cannot be ascertained by other reasonably
        available means.

(3) If any fingerprints are provided to the Chief Commissioner under this
section, the Chief Commissioner must ensure that-

   (a)  the fingerprints are destroyed-

   (i)  within 28 days after they are no longer required in connection with
        the application to which they relate; or

   (ii) no later than 6 months from the date they were provided- whichever is
        the earlier; and

   (b)  the applicant, the close associate of the applicant, the nominated
        person or the officer of the body corporate (as the case may be), is
        notified of the destruction as soon as practicable.

(4) Fingerprints that are provided to the Chief Commissioner under this
section are not admissible as evidence in any proceedings.