PRIVATE SECURITY ACT 2004 - SECT 26 Circumstances in which the Chief Commissioner must refuse to grant a private security business licence

PRIVATE SECURITY ACT 2004 - SECT 26

    (1)     The Chief Commissioner must not grant a private security business 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 each relevant person in relation to the application meets the probity requirements set out in subsection (2); or

        (c)     he or she is satisfied that the applicant (if the applicant is a body corporate) has been convicted or found guilty of an offence, which in the opinion of the Chief Commissioner, warrants the refusal of the licence; or

        (d)     he or she is not satisfied that the applicant or (if the applicant is a body corporate) the nominated person meets the competency requirements set out in subsection (3); or

        (e)     the applicant, or nominated person (in the case of a body corporate) has not produced, in relation to the business—

              (i)     a certificate of currency for public liability insurance; and

              (ii)     evidence, to the satisfaction of the Chief Commissioner, of compliance with existing statutory workplace obligations; or

        (f)     he or she is not satisfied that the applicant has or will be able to obtain financial resources that are adequate to ensure the financial viability of the business.

    (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. 26(2)(e)(i) amended by No. 61/2010 s. 15(a).

              (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 to be involved or connected with a business carried on under a private security licence; or

S. 26(2)(e)(ii) amended by No. 61/2010 s. 15(a).

              (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 or to be involved or connected with a business carried on under a private security licence; and

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

S. 26(2)(f)(i) amended by No. 61/2010 s. 15(a).

              (i)     any offence that in the opinion of the Chief Commissioner would render the person unsuitable to hold a private security licence or to be involved or connected with a business carried on under a private security licence; or

              (ii)     a disqualifying offence; and

        (g)     has not, within the preceding 5 years, been declared bankrupt; and

        (h)     is not insolvent under administration.

    (3)     For the purposes of subsection (1)(d), the competency requirements are that the person—

        (a)     is a member of one or more approved security industry organisations, membership of which the Chief Commissioner considers is relevant to each activity or any aspect of each activity authorised under the licence; or

        (b)     possesses the qualifications, knowledge, training or experience approved by the Chief Commissioner in relation to each activity or any aspect of each activity authorised under the licence.

S. 26(4) amended by No. 61/2010 s. 15(b).

    (4)     In this section relevant person in relation to the application means—

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

        (b)     in the case of an application by a body corporate for a private security business licence, each of the following—

              (i)     the nominated person for the body corporate;

              (ii)     any officer of the body corporate;

              (iii)     any close associate of the body corporate.