Division 3Licensing
procedures and criteria
14Application for licence
(1)
A person may apply to the Commissioner for the
grant of a licence.
(2)
An application must be in the approved form
and:
(a)
be accompanied by the fee prescribed by the
regulations, and
(b)
be supported by such information and particulars
as may be prescribed by the regulations.
(3)–(5)
(6)
Section 12 of the Criminal
Records Act 1991 does not apply in relation to an
application for a licence.
s 14: Am 2005 No 63,
Sch 1 [18]–[20] (am 2006 No 120, Sch 1.28 [1]); 2008 No 113, Sch 1 [4];
2012 No 49, Sch 1 [23]; 2013 No 68, Sch 1 [1].
15Restrictions on granting licence—general suitability
criteria
(1)
The Commissioner must refuse to grant an
application for a licence if the Commissioner is not satisfied that the
applicant:
(a)
is a fit and proper person to hold the class of
licence sought by the applicant, or
(b)
is of or above the age of 18,
or
(c)
has the competencies and experience approved by
the Commissioner, or
(d)
has undertaken and completed the training,
assessment and instruction that is approved for the class of licence sought by
the applicant, or
(e)
is competent to carry on the security activity to
which the proposed licence relates, or
(f)
is an Australian citizen or a permanent
Australian resident, or holds a visa that entitles the applicant to work in
Australia (other than a student visa or a working holiday
visa).
(2)–(2B)
(2C)
The Commissioner must also refuse to grant an
application for a licence if the applicant has supplied information that is
(to the applicant’s knowledge) false or misleading in a material
particular in, or in connection with, the application.
(3)
The Commissioner may refuse to grant an
application for a licence if the Commissioner considers that the grant of the
licence would be contrary to the public interest.
(4)
The regulations may provide additional mandatory
or discretionary grounds for refusing the granting of an application for a
licence.
(5)
Except as provided by the regulations, a
reference in this section to an applicant includes, in the case of an
application for a master licence, a reference to each close associate of the
applicant.
(6)
For the purpose of determining whether an
applicant is a fit and proper person to hold the class of licence sought by
the applicant or whether the grant of the licence would be contrary to the
public interest, the Commissioner may have regard to any criminal intelligence
report or other criminal information held in relation to the applicant
that:
(a)
is relevant to the activities carried out under
the class of licence sought by the applicant, or
(b)
causes the Commissioner to conclude that improper
conduct is likely to occur if the applicant were granted the licence,
or
(c)
causes the Commissioner not to have confidence
that improper conduct will not occur if the applicant were granted the
licence.
(7)
The Commissioner is not, under this or any other
Act or law, required to give any reasons for not granting a licence if the
giving of those reasons would disclose the existence or content of any
criminal intelligence report or other criminal information as referred to in
subsection (6).
(8)
In this section:
student visa means a
student visa issued under the Migration Act
1958 of the Commonwealth.
working holiday
visa means a working holiday visa or a work and holiday visa
issued under the Migration Act 1958 of the
Commonwealth.
s 15: Am 2002 No 107,
Sch 1 [2] [3]; 2005 No 63, Sch 1 [21]–[23]; 2012 No 49, Sch 1 [24]; 2013
No 68, Sch 1 [2] [3]; 2017 No 16, Sch 1 [2]–[4].
16Restrictions on granting licence—criminal and other
related history
(1)
The Commissioner must refuse to grant an
application for a licence if the Commissioner is satisfied that the
applicant:
(a)
has, within the period of 10 years before the
application for the licence was made, been convicted in New South Wales or
elsewhere of an offence prescribed by the regulations in relation to the class
of licence sought, whether or not the offence is an offence under New South
Wales law, or
(b)
has, within the period of 5 years before the
application for the licence was made, been found guilty (but with no
conviction being recorded) by a court in New South Wales or elsewhere of an
offence prescribed by the regulations in relation to the class of licence
sought, whether or not the offence is an offence under New South Wales law,
or
(c)
has, within the period of 5 years before the
application for the licence was made, had a civil penalty imposed on the
applicant by a court or tribunal in New South Wales or elsewhere, being a
civil penalty prescribed by the regulations in relation to the class of
licence sought, or
(d)
has, within the period of 10 years before the
application for the licence was made, been removed or dismissed from the NSW
Police Force or from the police force of any other jurisdiction (whether in
Australia or overseas) on the ground of the applicant’s integrity as a
police officer.
(2)
Without limiting subsection (1), the Commissioner
may refuse to grant an application for a licence if the Commissioner is
satisfied that the applicant has a conviction that is not capable of becoming
spent.
Note—
Under section 7 of the Criminal Records Act 1991, certain
convictions are not capable of becoming spent. For example, convictions for
which a prison sentence of more than 6 months has been imposed, convictions
for certain sexual offences and convictions prescribed by the Criminal Records Regulation
2004.
(3)
The Commissioner must refuse to grant an
application for a licence if the Commissioner is of the opinion that the
applicant is not suitable to hold a licence because the applicant has been
involved in corrupt conduct.
(4)
(4A)
The Commissioner may refuse to grant an
application for a licence if, within the period of 10 years before the
application for the licence was made, the applicant has been removed from the
NSW Police Force under section 181D of the Police Act
1990 on grounds other than the applicant’s integrity
as a police officer.
(5)
A reference in subsection (1), (2), (3), (4) or
(4A) to an applicant includes, in the case of an application for a master
licence, a reference to each close associate of the
applicant.
s 16: Am 2005 No 63,
Sch 1 [24] [25] (am 2007 No 27, Sch 4.27) [26] [27] (am 2007 No 27, Sch 4.27)
[28]; 2007 No 82, Sch 1.20 [3]; 2012 No 49, Sch 1 [25] [26].
16ARestrictions on granting licence—conflict of interest
for police officers
(1)
The Commissioner must refuse to grant an
application for a licence to a police officer or other member of the NSW
Police Force if the Commissioner considers that the grant of the licence, or
the carrying on of the security activities authorised by the licence, would
create a conflict of interest between the proper performance of the
officer’s or member’s duties as an officer or member and the
officer’s or member’s private interests.
(2)
However, the Commissioner may grant an
application for a licence to a police officer or other member of the NSW
Police Force subject to the condition that the person may not be employed by
specified persons, if to do so would avoid a conflict of interest of the kind
described in subsection (1). This subsection does not limit the other
conditions to which a licence may be subject.
s 16A: Ins 2005 No
63, Sch 1 [29] (am 2007 No 27, Sch 4.27).
17Renewal of licence
(1)
An application for the renewal of a licence may
be lodged with the Commissioner by the holder of the licence no earlier than 8
weeks before the licence ceases (otherwise than by revocation) to be in force
(its expiry).
(2)
The application is to be:
(a)
in the approved form, and
(b)
lodged electronically, by post or in any other
approved manner, and
(c)
accompanied by a fee prescribed by the
regulations.
Note—
See sections 18, 21 and 24 in relation to the
grant, conditions and terms of renewed licences.
(3)
Subsection (1) does not prevent the Commissioner
from granting an application for the renewal of a licence lodged no later than
90 days after its expiry on payment of the late fee prescribed by the
regulations.
(4)
The Commissioner must refuse an application to
renew a licence if the Commissioner is satisfied that, if the applicant were
applying for a new licence, the application would be required by this Act to
be refused.
Note—
For example, under section 15 (1) of this Act the
Commissioner must refuse an application for a new licence if the Commissioner
is not satisfied that the applicant is a fit and proper person to hold the
licence or is not competent to carry on the security activity to which the
licence relates.
(5)
For the purposes of subsection (4), section 15
(6) and (7) apply to an application for renewal of a licence in the same way
as they apply to an application for a licence.
(6)
Without limiting section 18, the Commissioner may
request an applicant for the renewal of a licence to demonstrate, in the
manner required by the Commissioner and to the satisfaction of the
Commissioner, continuing knowledge and competency in relation to the security
activity authorised by the licence before renewal of the licence is
granted.
(7)
Without limiting section 21 (3), the Commissioner
may grant an application for renewal of a licence on the condition that the
applicant undertake and complete to the satisfaction of the Commissioner such
approved training, assessment and instruction as may be required by the
Commissioner to ensure the licensee has continuing knowledge and competency in
relation to the security activity authorised by the
licence.
(8)
(9)
A licence may be renewed under this section on
more than one occasion.
(10)
Section 12 of the Criminal
Records Act 1991 does not apply in relation to an
application for the renewal of a licence.
s 17: Rep 2005 No 63,
Sch 1 [30]. Ins 2012 No 49, Sch 1 [27]. Am 2017 No 16, Sch 1
[5]–[7].
18Investigation of licence and renewal
applications
(1)
On receiving an application for a licence or for
the renewal of a licence, the Commissioner may carry out all such
investigations and inquiries as the Commissioner considers necessary to enable
the Commissioner to consider the application properly.
(2)
The Commissioner:
(a)
may require an applicant for a licence to consent
to having his or her fingerprints or palm prints, or both, taken by an
authorised officer in order to confirm the applicant’s identity,
and
(b)
must refuse to grant the licence unless the
applicant has provided fingerprints or palm prints in accordance with any such
requirement.
(3)
The Commissioner:
(a)
may require an applicant for a licence or for the
renewal of a licence to provide the Commissioner with a photograph of the
applicant or consent to having his or her photograph taken by an authorised
officer in order to confirm the applicant’s identity,
and
(b)
must refuse to grant or renew the licence unless
the applicant has provided a photograph or been photographed in accordance
with any such requirement.
(4)
Any fingerprint, palm print or photograph
obtained in accordance with this section may be used by the Commissioner for
any purpose as the Commissioner sees fit.
(5)
A person who formerly held a licence, but is not
currently a licensee, or who was an applicant for, but was never granted, a
licence, may apply to the Commissioner to have the following destroyed:
(a)
the person’s fingerprints or palm prints
obtained in accordance with a requirement under subsection (2) and any copies
of them,
(b)
the person’s photograph obtained in
accordance with a requirement under subsection (3) and any copies of
it.
(6)
The Commissioner may grant or refuse the
application as the Commissioner sees fit.
(6A)
A reference in this section to an applicant or a
licensee includes, in the case of an application for a master licence, or in
the case of a former licensee, a reference to each close associate of the
applicant or former licensee.
(7)
In this section, authorised officer
means any of the following persons authorised in writing by the Commissioner
as an authorised officer for the purposes of this section:
(a)
a police officer or any other member of the NSW
Police Force,
(b)
a Public Service employee,
(c)
any other person prescribed by the
regulations.
s 18: Am 2002 No 107,
Sch 1 [4]; 2005 No 63, Sch 1 [31]; 2006 No 94, Sch 3.32 [1]; 2012 No 49, Sch 1
[28]–[34]; 2017 No 16, Sch 1 [8].
19Applications by serving and former police
officers
Any application for a licence made by any person
who is, or who was at any time, a police officer or a member of the police
force of any other jurisdiction (whether in Australia or overseas) must be
referred to the Professional Standards Command of the NSW Police Force. That
branch may seek further advice from the Law Enforcement Conduct Commission as
to the suitability of the applicant to hold a licence or the suitability of
the applicant being employed by any specified master licensee.
s 19: Am 2005 No 63,
Sch 1 [32] [33] (am 2006 No 120, Sch 1.28 [2]; 2007 No 27, Sch 4.27) [34];
2016 No 61, Sch 6.40 [2].
20Commissioner may require further
information
(1)
The Commissioner may, by notice in writing,
require a person who is an applicant for a licence or for the renewal of a
licence or who, in the opinion of the Commissioner, has some association or
connection with the applicant that is relevant to the application to do any
one or more of the following things:
(a)
to provide, in accordance with directions in the
notice, such information, verified by statutory declaration, as is relevant to
the investigation of the application and is specified in the
notice,
(b)
to produce, in accordance with directions in the
notice, such records relevant to the investigation of the application as are
specified in the notice and to permit examination of the records, the taking
of extracts from them and the making of copies of them,
(b1)
in the case of an application for a class 1
licence by an applicant who has previously held a class 1 licence—to
provide, in accordance with directions in the notice, statements from previous
employers specifying the duration of the applicant’s employment and the
security activities carried on by the applicant during the applicant’s
employment (but only if that employment included time during the term of that
previous licence),
(c)
to authorise a person described in the notice to
comply with a specified requirement of the kind referred to in paragraph (a),
(b) or (b1),
(d)
to furnish to the Commissioner such authorities
and consents as the Commissioner directs for the purpose of enabling the
Commissioner to obtain information (including financial and other confidential
information) from other persons concerning the person and his or her
associates or relations.
(2)
If a requirement made under this section is not
complied with, the Commissioner may refuse to consider the application
concerned.
(3)
A person who complies with a requirement of a
notice under this section does not on that account incur a liability to
another person.
(4)
The reasonable costs incurred by the Commissioner
in investigating and inquiring into an application for a licence or for the
renewal of a licence are payable to the Commissioner by the applicant, unless
the Commissioner determines otherwise in a particular
case.
(5)
The Commissioner may require part or full payment
in advance of the amount the Commissioner estimates will be payable by the
applicant and may refuse to deal with the application until the required
payment is made.
(6)
Investigation and inquiry costs may include
reasonable travelling expenses within or outside the
State.
(7)
It is a condition of any licence granted to the
applicant that any amount payable under this section is
paid.
(8)
A certificate signed by the Commissioner (or by a
person holding an office prescribed by the regulations) certifying the
reasonable costs incurred by the Commissioner in investigating and inquiring
into an application for a licence or for the renewal of a licence is
admissible in any proceedings for the recovery of an amount payable under this
section and is prima facie evidence of the amount so
specified.
s 20: Am 2005 No 63,
Sch 1 [35]–[37]; 2012 No 49, Sch 1 [35]–[37].
21Grant and conditions of licence and renewal of
licence
(1)
The Commissioner may, after considering an
application for the grant or renewal of a licence:
(a)
grant a licence to, or renew the licence of, the
person making the application, or
(b)
refuse to grant a licence or to renew the
licence.
(2)
A licence confers no right of property and is
incapable of being transferred, assigned or mortgaged, charged or otherwise
encumbered.
(3)
A licence is subject:
(a)
to such conditions as may be imposed by the
Commissioner (whether at the time the licence is granted or renewed or at any
later time), and
(b)
to such other conditions as are imposed by this
Act or prescribed by the regulations.
(4)
s 21: Am 2002 No 107,
Sch 1 [5]; 2005 No 63, Sch 1 [38]; 2005 No 98, Sch 1.21 [1] [2]. Subst 2012 No
49, Sch 1 [38]. Am 2014 No 88, Sch 1.25 [3] [4].
21AContinuing approved training, assessment and
instruction
(1)
It is a condition of every class 1 or class 2
licence that the licensee undertake and complete, to the satisfaction of the
Commissioner, such approved training, assessment and instruction as may be
required by the Commissioner to ensure the licensee has continuing knowledge
and competency in relation to the security activity authorised by the
licence.
(2)
Subsection (1) extends to licences granted before
the commencement of this section.
s 21A: Ins 2012 No
49, Sch 1 [39]. Am 2017 No 16, Sch 1 [9].
22Form of licence
(1)
A licence is to be in any one or more approved
forms.
(2)
A licence must:
(a)
contain the name of the licensee,
and
(b)
specify the class (or subclass) of licence,
and
(c)
contain the number of the licence,
and
(d)
contain such other details as may be prescribed
by the regulations.
(3)
A class 1 or class 2 licence must contain a
recent photograph of the licensee and bear the signature of the
licensee.
(4)
The Commissioner may determine that a master
licence is to contain a recent photograph of the licensee or bear the
signature of the licensee (or both).
(5)
A requirement under this section for a licence to
contain a photograph is satisfied only if the licence contains a photograph
obtained in accordance with arrangements determined by the
Commissioner.
s 22: Am 2012 No 49,
Sch 1 [40]; 2014 No 88, Sch 1.25 [5].
23Special conditions—master
licences
(1)
It is a condition of every master licence that
the licensee must not provide any person:
(a)
to work in the cash-in-transit sector of the
security industry, or
(b)
to work in any area which involves access to any
operational information relating to the licensee’s security
business,
if that person would be refused a licence because of
section 16.
(2)
It is a condition of every master licence that
the master licensee must not provide persons to carry on a security activity
with a dog except with the approval of the Commissioner.
s 23: Am 2002 No 107,
Sch 1 [6]; 2005 No 63, Sch 1 [39]; 2012 No 49, Sch 1 [41]; 2017 No 16, Sch 1
[10].
23AASpecial conditions—authority to carry
firearms
(1)
It is a condition of every class 1F licence that
the licensee must not carry on the security activity authorised by the licence
unless the licensee is authorised by a licence or permit under the Firearms Act 1996 to possess or use a
firearm.
(2)
If the holder of a class 1F licence is found
guilty of an offence under the Firearms Act
1996 in relation to the unauthorised possession or use of
a firearm, the person cannot be found guilty of an offence under section 30 of
this Act of failing to comply with the condition imposed by this section in
respect of that unauthorised possession or use.
s 23AA: Ins 2005 No
63, Sch 1 [40]. Am 2012 No 49, Sch 1 [42].
23ASpecial conditions—uniforms must be worn when
carrying firearms
(1)
It is a condition of every class 1F licence that,
if the licensee is an armed security guard, the licensee must not carry a
firearm unless the licensee is wearing a recognisable security guard’s
uniform.
(2)
It is a condition of every master licence that,
if the master licensee employs a person as an armed security guard, the master
licensee must not allow any firearm in the master licensee’s possession
(including those firearms that have been acquired by the master licensee in
connection with the master licensee’s business) to be carried by an
armed security guard who is not wearing a recognisable security guard’s
uniform.
(3)
It is a condition of every master licence that,
if the master licensee employs a person as an armed security guard, the master
licensee must not allow any person employed by the master licensee to carry a
firearm while carrying on security activities for the master licensee unless
the person is an armed security guard who is wearing a recognisable security
guard’s uniform.
(4)
If a police officer discovers an armed security
guard carrying a firearm while the armed security guard is not wearing a
recognisable security guard’s uniform, the police officer may seize the
firearm.
(5)
If an armed security guard carries a firearm
while the armed security guard is not wearing a recognisable security
guard’s uniform, the Commissioner must:
(a)
suspend, in accordance with section 25, the armed
security guard’s class 1F licence, and
(b)
serve a notice on the master licensee who employs
the armed security guard (or, if the security guard is self- employed and
holds a master licence, serve a notice on the armed security guard as holder
of a master licence), personally or by post:
(i)
stating that the armed security guard’s
class 1F licence has been suspended and the reasons for suspending it,
and
(ii)
requesting that the master licensee provide the
Commissioner with reasons why the master licence should not be
revoked.
(6)
The Commissioner may, if the Commissioner is
satisfied there is a genuine reason, authorise in writing a person employed as
an armed security guard to carry a firearm while not wearing a recognisable
security guard’s uniform.
(7)
An authorisation under subsection (6) remains in
force for such time as is specified in the authorisation unless it is sooner
revoked by the Commissioner.
(8)
The conditions set out in subsections
(1)–(3) do not apply in relation to an armed security guard authorised
under subsection (6), but only while the armed security guard is carrying the
Commissioner’s written authorisation.
s 23A: Ins 2002 No
107, Sch 1 [7]. Am 2005 No 63, Sch 1 [41]; 2012 No 49, Sch 1
[43].
23BSpecial conditions—storage of firearms in certain
residential premises
(1)
It is a condition of every class 1F licence that,
if the licensee is an armed security guard, the licensee must not store a
firearm at any prohibited premises.
(2)
It is a condition of every master licence that,
if the master licensee employs a person as an armed security guard, the master
licensee must not cause or permit any firearm in the master licensee’s
possession (including those firearms that have been acquired by the master
licensee in connection with the master licensee’s business) to be stored
at any prohibited premises.
(3)
If a police officer discovers that a firearm is
stored at prohibited premises, the police officer may seize the
firearm.
(4)
If an armed security guard stores a firearm at
any prohibited premises, the Commissioner:
(a)
must suspend, in accordance with section 25, the
armed security guard’s class 1F licence, and
(b)
must serve a notice on the master licensee who
employs the armed security guard (or, if the security guard is self- employed
and holds a master licence, serve a notice on the armed security guard as the
holder of a master licence), personally or by post:
(i)
stating that the armed security guard’s
class 1F licence has been suspended and the reasons for suspending it,
and
(ii)
requesting that the master licensee provide the
Commissioner with reasons why the master licence should not be
revoked.
(5)
In this section:
prohibited
premises means any premises that are regularly used as a
principal or temporary place of residence by a person who has been found
guilty of a criminal offence, being an offence that would disqualify the
person from holding a licence because of section 16 (1) (a) (if the person has
been convicted) or section 16 (1) (b) (whether or not the person has been
convicted).
s 23B: Ins 2005 No
63, Sch 1 [42]. Am 2012 No 49, Sch 1 [44].
23C, 23D
s 23C: Ins 2005 No
63, Sch 1 [42] (am 2006 No 120, Sch 1.28 [3]). Rep 2012 No 49, Sch 1
[45].
s 23D: Ins 2008 No
113, Sch 1 [5]. Am 2012 No 49, Sch 1 [46] [47]. Rep 2017 No 16, Sch 1
[11].
23ESpecial conditions—class 1
licences
A class 1 licence that is granted on application
by a person who has not, during the 3 years immediately before the
application, been authorised by a class 1 licence to carry on the security
activity to which the proposed licence relates is subject to the condition
that the person undertake and complete, to the satisfaction of the
Commissioner, such approved training, assessment or instruction as may be
required by the Commissioner, within 6 months (or such longer period as the
Commissioner allows) of the grant of the licence.
s 23E: Ins 2012 No
49, Sch 1 [48]. Am 2017 No 16, Sch 1 [9].
23F
s 23F: Ins 2014 No
88, Sch 1.25 [6]. Rep 2017 No 16, Sch 1 [12].
24Term of licence
(1A)
A class 1 or class 2 licence, other than a
renewed licence, comes into force:
(a)
on the day on which the licence is collected,
or
(b)
if the licence is posted to the licensee—4
working days after the latest photograph of the licensee was taken for the
purpose of its reproduction on the licence.
(1AA)
A master licence, other than a renewed licence,
comes into force on the date specified in the licence.
(1B)
The renewal of a licence comes into force:
(a)
if the application for renewal is lodged under
section 17 before its expiry and the Commissioner grants the
application—on the expiry of the licence, or
(b)
if the application for renewal is lodged after
its expiry—on the day the Commissioner grants the application for
renewal of the licence.
(1)
A licence remains in force for a period of 5
years (or such shorter period as may be prescribed by the regulations) from
the day on which it comes into force, unless sooner surrendered or revoked or
it otherwise ceases to be in force.
(2), (3)
s 24: Am 2005 No 98,
Sch 1.21 [3]–[5]; 2012 No 49, Sch 1 [49]–[52]; 2014 No 88, Sch
1.25 [7] [8].
25Suspension of licence
(1)
The Commissioner may, if satisfied that there may
be grounds for revoking a licence, suspend the licence, by notice served on
the licensee, for a period of not more than 60 days specified in the notice,
commencing on service of the notice.
(1A)
The notice is:
(a)
to state that the licence is suspended and the
reasons for suspending it, and
(b)
to request that the licensee provide the
Commissioner with reasons why the licence should not be
revoked.
(1B)
The Commissioner is not required to give a
licensee an opportunity to be heard before suspending the licence under this
section.
(1C)
The Commissioner may, by further notice served on
a licensee during the period in which the licence is suspended under this
section, extend the period of suspension of the licence for a further period
of not more than 60 days specified in the notice.
(2)
A suspended licence does not authorise the
licensee to carry on any security activity during the period specified in the
notice suspending it.
s 25: Am 2017 No 16,
Sch 1 [13].
26Revocation of licence
(1)
A licence may be revoked:
(a)
(b)
if the licensee:
(i)
supplied information that was (to the
licensee’s knowledge) false or misleading in a material particular in,
or in connection with, the application for the licence or the renewal of the
licence, or
(ii)
contravenes any provision of this Act or the
regulations, whether or not the licensee has been convicted of an offence for
the contravention, or
(iii)
contravenes any condition of the licence,
or
(c)
(d)
for any other reason prescribed by the
regulations.
(1A)
The Commissioner must revoke a licence where the
Commissioner is satisfied that, if the licensee were applying for a new
licence, the application would be required by this Act to be
refused.
(2)
The Commissioner may revoke a licence by serving
on the licensee, personally or by post, a notice stating that the licence is
revoked and the reasons for revoking it.
(3)
The revocation of a licence by such a notice
takes effect when the notice is served or on a later date specified in the
notice.
Note—
Section 31 requires the licensee to immediately
surrender the licence if the licence is revoked.
(4)
The Commissioner may, by serving a further notice
on the holder of a licence, cancel a notice revoking a licence before the
notice takes effect.
(5)
For the purposes of subsection (1A), the
Commissioner may have regard to any criminal intelligence report or other
criminal information held in relation to the licensee that:
(a)
is relevant to the activities carried on under
the class of licence held by the licensee, or
(b)
causes the Commissioner to conclude that improper
conduct is likely to occur if the licensee continues to hold the licence,
or
(c)
causes the Commissioner not to have confidence
that improper conduct will not occur if the licensee continues to hold the
licence.
(6)
The Commissioner is not, under this or any other
Act or law, required to give any reasons for revoking a licence if the giving
of those reasons would disclose the existence or content of any criminal
intelligence report or other criminal information as referred to in subsection
(5).
s 26: Am 2002 No 107,
Sch 1 [8] [9]; 2006 No 120, Sch 1.27 [1]; 2012 No 49, Sch 1 [53] [54]; 2017 No
16, Sch 1 [14].
27Variation of licence
(1)
The holder of a class 1 or class 2 licence may
apply to the Commissioner for a variation of the kind or kinds of security
activity authorised by the licence.
(2)
An application for a licence variation is to be
treated in the same way as an application for the grant of a
licence.
s 27: Am 2005 No 63,
Sch 1 [44]; 2012 No 49, Sch 1 [55].
27AProvision of approved training, assessment and
instruction
(1)
The Commissioner may approve persons or
organisations to provide, for the purposes of sections 15 (1) (d), 17 (7), 21A
and 23E, training, assessment and instruction that is of a kind approved, and
to a standard required, by the Commissioner.
(2)
The approval of any such person or organisation
by the Commissioner:
(a)
is subject to such conditions with respect to the
provision of training, assessment and instruction by the person or
organisation as may be imposed by the Commissioner, and
(b)
may be suspended or revoked at any time by the
Commissioner.
(3)
A person or organisation approved by the
Commissioner under this section must comply with any conditions imposed by the
Commissioner under subsection (2).
Maximum penalty:
(a)
in the case of a corporation—100 penalty
units, or
(b)
in the case of an individual—50 penalty
units.
s 27A: Ins 2017 No
16, Sch 1 [15].
28
s 28: Rep 2005 No 63,
Sch 1 [45].