Victorian Consolidated Legislation

Private Security Act 2004 - SECT 83

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

83. Circumstances in which the Chief Commissioner must refuse to grant a
private security business registration



(1) The Chief Commissioner must not grant a private security business
registration if-

   (a)  he or she is satisfied that the granting of the registration 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
        registration; or

   (d)  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

   (e)  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 registration; and





   (d)  is not a person in relation to whom-

   (i)  not more than 10 years have expired since that person was convicted of
        an indictable offence that in the opinion of the Chief Commissioner
        would render the person unsuitable to hold a private security
        registration or to be involved or connected with a business carried on
        under a private security registration; or

   (ii) not more than 5 years have expired since that person has been found
        guilty (without a conviction being recorded) of an indictable offence
        that in the opinion of the Chief Commissioner would render the person
        unsuitable to hold a private security registration or to be involved
        or connected with a business carried on under a private security
        registration; and

   (e)  is not a person who is charged with an indictable offence that in the
        opinion of the Chief Commissioner would render the person unsuitable
        to hold a private security registration or to be involved or connected
        with a business carried on under a private security registration; and

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

   (g)  is not insolvent under administration.

(3) 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 registration, the applicant for the registration and
        any close associate of the applicant; or

   (b)  in the case of an application by a body corporate for a private
        security business registration, 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.