Victorian Consolidated Legislation

Private Security Act 2004 - SECT 25

Circumstances in which the Chief Commissioner must refuse to grant a private security individual operator licence

25. Circumstances in which the Chief Commissioner must refuse to grant a
private security individual operator licence



(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-

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

   (ii) not more than 5 years have expired since that person has been found
        guilty (without a conviction being recorded) of a particular
        indictable 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-

   (i)  a particular indictable 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.