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SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 47

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 47

47 .         Material to support application for licence

        (1)         An application for the issue of a licence, other than a temporary licence, is to be accompanied by —

            (a)         such evidence as is prescribed of the age and identity of the applicant;

            (b)         photographs of the applicant in such number and form as the Commissioner may determine;

            (c)         testimonials as to the applicant’s character from 2 persons who have known the applicant for the whole of the 5 year period before the application was made;

            (d)         in the case of an application for a security officer’s licence with an endorsement under section 24 or 26, evidence that the applicant has passed any prescribed medical examination;

            (e)         in the case of an application for an agent’s licence, evidence that the applicant has sufficient financial resources to meet his or her financial obligations;

            (f)         evidence that the person has —

                  (i)         except where section 53 applies, satisfactorily completed any course of training prescribed in respect of the licence; and

                  (ii)         passed any test or examination prescribed in respect of the licence;

            (g)         in the case of an application for an agent’s licence to be held on behalf of a partnership or body corporate —

                  (i)         where relevant, proof of the business name;

                  (ii)         where relevant, proof of incorporation;

                  (iii)         evidence that the applicant is a resident of the State; and

                  (iv)         written confirmation from one of the other partners or one of the body’s directors, as the case requires, that the applicant is authorised by the partnership or the body to make the application;

                and

            (h)         other evidence of a nature or in a form that is prescribed.

        (2)         An application by a person is to state an address for service of notices and other documents that may be required to be served on the person under this Act whether as applicant or licensee.

        (2a)         An application for the issue of a temporary licence is to be accompanied by —

            (a)         such evidence as is prescribed of the age and identity of the applicant; and

            (b)         evidence that the person is licensed or registered or otherwise authorised in his or her State or Territory of residence to carry out the activity or activities for which the licence is sought; and

            (c)         other evidence of a nature or in a form that is prescribed.

        (2b)         If requested by a licensing officer to do so, the applicant must do everything that is, in the opinion of the licensing officer, within the applicant’s power to procure or facilitate the release to the licensing officer of all information held by a relevant body concerning relevant conduct by —

            (a)         the applicant; or

            (b)         a natural person who is relevant to the application under section 56.

        (2c)         Subsection (2b) applies in respect of an applicant even if the application for the licence was made before the commencement of the Security and Related Activities (Control) Amendment Act 2008 section 31, unless the application has been refused, or the licence issued, before that time.

        (3)         The applicant must also provide such other information and evidence as a licensing officer may require for the proper consideration of a particular application, including all or any of the following —

            (a)         further information and evidence that the licensing officer reasonably needs to establish the applicant’s identity;

            (b)         if the applicant is a relevant applicant, information as to all or any of the following —

                  (i)         the country, or countries, in which the applicant has spent time during the period of 5 years commencing immediately before the making of the application;

                  (ii)         the length of time the applicant spent in that country, or those countries;

                  (iii)         the reason why the applicant spent time in that country, or those countries;

                  (iv)         the persons that the applicant associated with in that country, or those countries;

                  (v)         the background, and the reputation, honesty and integrity of, any such persons;

            (c)         if the applicant is a relevant applicant, a record of the criminal convictions, if any, of the applicant for offences under the law of any country, or countries, in which the applicant spent time during the period of 5 years commencing immediately before the making of the application, provided by a competent authority of the government of that country.

        (4)         In subsection (3) —

        relevant applicant means an applicant who —

            (a)         has spent more than 12 consecutive months outside Australia during the period of 5 years commencing immediately before the making of the application; or

            (b)         has not been a resident of Australia for the whole of the period of 5 years commencing immediately before the making of the application.

        [Section 47 amended: No. 4 of 2008 s. 31.]