26Security determinations

#### 26 Security determinations 26 Security determinations > > (1) Referral to Commissioner for security determination The Authority must refer an application for registration as an industry participant in a registration class applicable to a match-maker, manager or promoter, and any relevant accompanying information, that is made in accordance with this Act to the Commissioner of Police for an investigation and determination as to either or both of the following— > > > > > (a) whether the applicant is a fit and proper person to be registered, > > > > > (b) whether it would be contrary to the public interest for the person to be registered. > > > (2) On a referral under this section, the Commissioner is to inquire into and determine, and report to the Authority on, the matters set out in the referral. > > > (3) The Commissioner is not required to make a determination under this section if the Commissioner is not satisfied as to the identity of the applicant for registration. > > > (4) Determination by Commissioner For the purpose of making a determination, 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 applicant’s proposed role as a match-maker, manager or promoter, or > > > > > (b) causes the Commissioner to conclude that improper conduct is likely to occur if the applicant were registered, or > > > > > (c) causes the Commissioner not to have confidence that improper conduct will not occur if the applicant were registered. > > > (5) For the purpose of making a determination, and without limitation, the Commissioner may consider the following— > > > > > (a) information relating to spent convictions, despite anything to the contrary in the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008), > > > > > (b) information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, > > > > > (c) information relating to offences, despite anything to the contrary in section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > (6) For the purposes of investigating and making a determination in relation to an application by a corporation for registration as a manager or promoter, a reference in this section to the applicant includes a reference to each close associate of the applicant. > > **s 26:** Am 2024 No 16, Sch 1\[34\].