PRIVATE SECURITY ACT 2004 - SECT 25 Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator licence

PRIVATE SECURITY ACT 2004 - SECT 25

    (1)     The Chief Commissioner must not grant a private security individual operator licence if—

        (a)     he or she is satisfied that the granting of the licence is not in the public interest; or

        (b)     he or she is not satisfied that the applicant meets the probity requirements set out in subsection (2); or

        (c)     he or she is not satisfied that the applicant meets the competency requirement set out in subsection (3).

    (2)     For the purposes of subsection (1)(b) the probity requirements are that the person—

        (a)     is fit and proper; and

        (b)     is aged 18 years or more; and

        (c)     has not contravened or failed to comply with any provision of this Act, the regulations or any corresponding previous enactment, to the extent that warrants the refusal of the licence; and

        (d)     is not a prohibited person; and

        (e)     is not a person in relation to whom—

S. 25(2)(e)(i) amended by No. 61/2010 s. 14.

              (i)     not more than 10 years have expired since that person was convicted of any offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence; or

S. 25(2)(e)(ii) amended by No. 61/2010 s. 14.

              (ii)     not more than 5 years have expired since that person has been found guilty (without a conviction being recorded) of any offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence; and

        (f)     is not a person who is charged with—

S. 25(2)(f)(i) amended by No. 61/2010 s. 14.

              (i)     any offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence; or

              (ii)     a disqualifying offence.

    (3)     For the purposes of subsection (1)(c), the competency requirement is that the person has successfully completed any approved training requirements or has the experience or training approved by the Chief Commissioner as relevant to each activity or any aspect of each such activity that the person is authorised to carry on under the licence.