SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 52

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 52

52 .         Issue of licences

        (1)         A licensing officer is not to issue a licence, other than a temporary licence, unless the officer is satisfied —

            (a)         that there is sufficient evidence of the applicant’s identity; and

            (b)         in the case of an agent’s licence, a security officer’s licence and a crowd controller’s licence, that the applicant has attained the age of 18 years; and

            (c)         that the applicant is of good character and is a fit and proper person to hold a licence; and

            (ca)         that the applicant is not a prohibited person; and

            (cb)         where there is a charge pending in relation to the applicant for a disqualifying offence, that extenuating circumstances exist; and

            (d)         in the case of an agent’s licence, that during the licence period there will be adequate management, supervision and control of the business that will be carried on under the licence; and

            (e)         that during the licence period the applicant will be able to comply with any condition or restriction to which the licence is to be made subject; and

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

            (g)         that the applicant 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;

                and

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

                  (i)         in the case of an application for an agent’s licence to be held on behalf of a partnership or body corporate, that, subject to section 44(2), the applicant is a resident of the State; and

            (j)         that the application complies with such other requirements as may be prescribed; and

            (k)         that there is no other good reason why the licence should not be issued.

        (2)         A licensing officer is not to issue a temporary licence unless the officer is satisfied —

            (a)         that there is sufficient evidence of the applicant’s identity; and

            (b)         that the applicant is not a prohibited person; and

            (c)         where there is a charge pending in relation to the applicant for a disqualifying offence, that extenuating circumstances exist; and

            (d)         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

            (e)         that the application complies with such other requirements as may be prescribed; and

            (f)         that there is no other good reason why the licence should not be issued.

        (3)         Section 52A and subsection (1)(b) and (c) do not limit the matters that a licensing officer may take into consideration for the purposes of subsection (1).

        [Section 52 amended: No. 4 of 2008 s. 35.]