PRIVATE SECURITY ACT 2004 - SECT 79 Particular powers of Chief Commissioner relating to fingerprinting
PRIVATE SECURITY ACT 2004 - SECT 79
Particular powers of Chief Commissioner relating to fingerprinting(1) In conducting an investigation or making an inquiry under section 77, 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 registration, the applicant;
(b) in the case of an application for a private security business registration 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 registration 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.