Victorian Consolidated Legislation

Private Security Act 2004 - SECT 26

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

26. Circumstances in which the Chief Commissioner must refuse to grant a
private security business licence



(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-

   (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 to be involved or connected with a business
        carried on under 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 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-

   (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 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.

(4) In this section relevant person in relation to an 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.